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00219C - WESSMAN PLAZA THEATER
Return to: � UL •_. ; F-V9 City Clerk City of Palm Springs < P.O. Box 1786 ` $ Palm Springs, CA 92263) � � vl� � p ce NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The Community Redevelopment Agency of the Cityift Palm Springs,' California, is a body politic, organized and incorporated-pursuant to the laws of the State of California. I 2. The Executive Director of the Redevelopment Agency is directed to execute, on behalf of said Agency, any and all notices of completion. 3. The address of the Redevelopment Agency is City Hall , 3200 E. Tahquitz- McCallum Way, Palm Springs, California (P.O. Box 1786, Palm Springs, CA 92263) . 4. The public work of improvement on the hereinafter referred to real property within the City was COMPLETED on the 27th day of March, 1990. 5. The name of the Contractor for such work of improvement was: WESSMAN DEVELOPMENT COMPANY. 6. The property on which said public work of improvement was completed is in the City of Palm Springs, County of Riverside, State of California, and is described as follows: Plaza Theatre Renovation Phase I 1� ` 4 7. The street address of said property is: 128 S. Palm Canyon Drive Palm Springs, CA 92262 8. This Notice of Completion is conclusive determination of satisfactory completion of the construction required of Wessman Development Company by an agreement dated October 18, 1989, between the Palm Springs Redevel- opment Agency and Wessman Development Company and of full compliance by Wessman Development Company with the terms hereof with respect _to - the Project. 9. This Notice of Completion shall be deemed a Certificate of Completion required by an agreement- dated October 18, 1989, between the- Pairn Springs - Redevelopment Agency and Wessman Development Company. DATED: ( �J� . � /575; Q COMMUN _Y REDEVELOPMENT AGENCY �— CITV 0 PALM SPRIP LIFORNIA o -TTP,;; -S E NH Asst. Director of Economic Development SUBSCRIBED FND SWORN before me thus t d a '^ o�f,, e_N_, 1996. No�Yc�>if "`f°G�`�]a�County of -.._ —• / J n;p „",FDOOC-0,1LIFO'NIA Riverside, State of Cal iF nia. {f1`. • • ;v"FU C-'C ` \•i; gym;Coro,Eapire,Dec 25 1990 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss. NORMAN R. KING, being duly sworn, says: That he is the Executive Director of the aforesaid Community Redevelopment Agency of the City of Palm Springs, California, the body politic that executed the foregoing notice; that he makes this verification on behalf of said body politic; that he has read the foregoing notice of completion, and knows the contents thereof, and that the facts stated therein are true; that as said Executive Director, he makes this verification on behalf of said body politic. Executive Pirector SUBSCRIBED AND41TRN TO before me this ay,of ,LL 19pa. /G. Cd f�,:', 1PeiCIA1 9ilf-1`—'t No a Pu i e my of Riverside, State of California;: «craFIFue�c-cAUFoamw i) L. , . rv=RslDecoumnr E"'ms Dom, Y CITY OF PALM SPRING CONSTRUCTION CHANGE ORDtR To: Wessman Development Co. Date: 12-12-89 Highway lil Project No. N/A Cathedral City, Ca. 92234 Project Name: Plaza Theatre Renovation Change Order No 2 Contract Purchase No. Attn: Account Number: 921-320-0180-7609 CHANGE IN WORK: Item 1. Addition of 6 Battery Pack Exit Lights and 2 Emergency Lights for Balcony. Item 2. Change Sub-Feed Wiring from Main Panel to Existing Sub-Panel in Ticket Booth. Item 3. Material Change for Concession Counter from Standard to Special Selection Requested by Architect and Increase Depth of Back Bar Cabinet to 36". CHANGE IN CONTRACT COSTS: Item 1. Exit Lights $3,385.00 Item 2. Sub-Feed Wiring 552.00 Item 3. Concession Counter Change 761.00 . $4,698.00 REASON FOR CHANGES: Item 1. Omitted from original drawings. Item 2. Per Architect's request after reviewing existing conditions on site. Item 3. This was done so the Concession Counter would match the color scheme of the lobby area. CONTRACT SUMMARY: Original Contract: $525,139.00 Change Order No. 1. 30,764.34 Change Order No. 2. 4,698.34 REVISED CONTRACT: $560,601.34 I have received a copy of the Change Order City Approval : and the above AGREED PRICES are acceptable Submitted by s Date to the—contractor. ,/ � p f r� Approved 46YY_ — Date/2 /.3-e-c, By\'� Contracts Administrator ` Approved by Date T,�t 1 OWNER j✓ Approved by Date Date Approved by") Date Executive Director Distribut on: Oriyinal Conformed Co ies Conformed-File Copy Engineering Contracts Administrator (1) City Clerk 1 Inspector 1) Finance 1 Purchasing Agent �1) Contractor 1) I ' Las Palmas DEVELOPMENT COMPANY Canyon Plaza Medical Plaza Business Park ?. Canyon Plaza North and South Plaza del Sol Chart House Shopping Centers Retail and Restaurant Business Center Date Palm Square Indio Plaza Diagnostic HMS Plaza Medical Building Tahquitz Square 4 , December 1 , 1989 CITY OF PALM SPRINGS P.O. Box 1786 Palm Springs , CA 92263 Attention: Tim Steinhaus Re: PLAZA THEATRE REUSE Palm Springs, CA Dear Tim: ' a A. The following cost increases have been incor- y,;p" �,`�" p9rated in the above-referenced project, and have been 6'pproved as adds by the architect: 1 . Addition of 6 Battery Pack Exit Lights and 2 Emergency Lights for Balconyklah9� $3 , 385. 00 Item 2. Change Sub-Feed Wiring from Main Panel to Existing Sub-Panel in Ticket Booth $ 552 .00 Item 3 . Material Change for Concession Counter from Standard to Special Selection Requested by Architect and Increase Depth of Back Bar Cabinet to 36" $ 761 . 00 B. The following costs are presented for your con- sideration at the request of your department: Item_'1:-,New Conduit, Wiring and Saw Cutting ofv` "`""•" Ex`"rstz g Auditorium to Activate the Lighting-o_f��e Seats (Excludes air or Replaceme -.,.gf Existing ts) Electrical. . . . . $21 , 489 . 00 Conc Removal': <: 3 , 200 . 00 Total. .• `. . . . . . . . . .`. . . . . . . . . . $24, 689 . 00 Item 2 . BringWfHng of Existing Sign into liance with Codes w 5, 2 . 004 67625 HIGHWAY 111 9 CATHEDRAL CITY, CALIFORNIA 92234 • TELEPHONE(619) 328-1137 „ CITY OF PALM—SPRINGS December 1 , 1989 Page Two These costs are submitted to you for your review and approval. If you should have any comments or questions, please contact my office. Respectfully submitted, "h John Wessman JW:mh r W E S S M A N CONSTRUCTION ASSOCIATES INC, CONT LIC NO B4 5516e November 30, 1989 WESSMAN DEVELOPMENT CO. 67-625 Highway 111 Cathedral City, CA 92234 w Attention: JOHN WESSMAN ..'�"F�' PRESIDENT Re: PLAZA THEATRE REUSE Palm Springs, CA Gentlemen: :afr The following costs increases have been incorporated in the project, L and approved as adds by the architect: ITEM 1. Addition of Six Battery Pack Exit Lights ,and Two Emergency r- rgency Lights � .i,l sru for:Balcony.........................1. ...$3,385.00 ITEM 2. Change Sub Feed Wiring from Main Panel to Existing Sub Panel in - .r Ticket Booth...........................................$ 552.00 ITEM 3. Material Change for Concession Counter from Standard to Special Selection Requested by Architect and Increase Depth of Back Bar Cabinet to 3611....................:....................$ 761.00 These costs will be included in our next invoice. Respectfully, Robert Lapham (By) Rhonda Schroeder RL/rs J. jOs� �i�l e _ ❑ S 1555 SOUTH PALM CANYON DRIVE, SUITE D-201 • PALM SPRINGS, CA 92264 • (619) 328-3195 • FAX(619)320-6611 MAILING ADDRESS: P.O. BOX 2046 • PALM SPRINGS, CA 92263 W E S S M A N CONSTRUCTION ASSOCIATES INC. CONT LIC NO,B-1 551699 November 30, 1989 WESSMAN DEVELOPMENT CO. 67-625 Hiyhway 111 Cathedral City, CA 92234 c Attention: JOHN WESSMAN PRESIDENT >+• Re: PLAZA THEATRE REUSE Palm Springs, CA '.�:r`. ' Gentlemen: The following costs are presented for your consideration at the request of the Department of Economic Development: ment: ITEM 1. New Conduit, Wiring, and Saw Cutting of Existing Auditorium to Activate the Lighting of the Seats (Excludes Repair or Replacement of Existing Lights) °•;:M1 Electrical...................$21,489.00 -;` Conc/Remove & Replace......... 3 200.00 Total........................$24,,689..00 ITEM 2. Bring Wiring of Existing Sign into Compliance with codes....$ -552.00 Respectfully: Robert Lapham Vice-Presidents (By) Rhonda Schroeder � 'ry,l,,,,•1 RL/rs n By,1555 SOUTH PALM CANYON DRIVE, SUITE D-201 • PALM SPRINGS, CA 92264 • (619)328-3195 • FAX (619)320-6611 MAILING ADDRESS: P.O. BOX 2046 • PALM SPRINGS, CA 92263 CITY OF PALM SPRING* CONSTRUCTION CHANGE ORDER To: Wessman Development Co. Date: 11/21/89 67-625 Highway 111 Project No. N/A Cathedral City, CA 92234 Project Name: Plaza Theatre Renovation Change Order No. 1 Contract Purchase No. Attn: John Wessman Account Number: 921-320-0180-7609 CHANGE IN WORK 1. See attached letter from Wessman Construction dated 11/7/89 (delete #15) 2. Install 800 AMP main electrical panel replacement 3. Carpet flanges for tiffany aisle lights, installed CHANGE IN CONTRACT COSTS delete #8 & )) °C 1. Items No. 1-20 on attached letter (delete #15) $ 6,390.00 2. Electrical panel 20,214.34 3. Carpet Flange 4,160.00 $30,764,34//Z ) REASON FOR CHANGES I. These items are a combination of cost saving measures and additions that were not anticipated until work began. 2. At the time of contract award, this item was listed as a recommendation by the electrical contractor. Once work began and after discussion with the architect, it was discovered that the existing panel was too old to safely serve the theatre. 3. Once the carpeting was removed, it was discovered that the flanges that hold the lights were damaged beyond repair. CONTRACT SUMMARY Original Contract Amount $525139.00 Change Order #1 30:764.34 Revised Contract $555,9.03.34 NOV 1� I have received a copy of the Change Order City Approval : and the above AGREED PRICES are acceptable Submitted by 1 Date to-the contractor.- n Approved Date/ 7-8 Contract Admirnstrator Approved by Date Title Owner Approved by Date Date 11/17/89 Approved b 19S}4 PP Y /�..,,.,... �I',/wr D e Executive OicectwCA-`ty-J-- 1aT1a90_ Distribution: Ori in al Conformed Codes Conformed-File Copy conomic eve opm 1� Contract Administrator (1) City Clerk (1) Inspector (1) Finance (1) Purchasing Agent (1) Contractor (1) W E S S M A N ONSTRUCTION - - - ASSOCIATES INC, CONT LIC NO B 1 551699 WESSMAN DEVELOPMENT CO. November 7, 1989 67-625 Highway III Cathedral City, CA 92234 Attention: MR. JOHN WESSMAN President Re: PLAZA THEATRE REUSE Palm Springs, Calif. Gentlemen: The following costs are in response to "City of Palm Springs approved change items after Addendum No. 1" dated 11 /l /89 issued by R.F. McCann & Co. Architects: ITEM NO. 1 Delete West Wall of Lobby Vestibule and one pair of Double Doors. TP er Architect on 10/29/89) Two sets of Doors will be moved to existing doors at East Wall of Lobby Vestibule. CREDIT [ $ 5,500.001 • ITEM NO, 2 Delete Proposed Opening at East Wall of Lobby Vestibule. CREDIT [ $ 740.001 ITEM NO, 3 Delete Installation of Ceramic Tile—for Men's and Women's Toilet Rooms 117 & #118. CREDIT E $ 8,595.001 ITEM NO, 4 Replace Existing Counter Tops at Men's and Women's Toilet Rooms #117 & #118 with Granite Marble. ADD $ 3,126.00 ITEM NO. 5 Apply New Plastic to Existing Vanity Cabinets in Men's and Women''�oilets #117 & #118. ADD $ 1,676.00 ITEM NO 6 Remove Existing Acoustic Ceilings, Resurface Walls with Plaster to Ceiling, Install Grating in Ceiling at Air Shaft and Repaint in Men's and Women's Toilets #117 & #118. ADD id 3,942.00 ITEM NO, 7 Remove Existing Electrical Conduit and Install (3) Incandescent Fixtures in each Men's and Women's Toilet Rooms No. 117 & #118. ADD $ 1,323.00 DELETE-pper 4gg n cy ITEM NO. 8 late the Down Heads at Auditorium (Installation of Drop action 11/21/89 Te s for Future He 5 is Included) Res. No. 661 - CREDIT E acl � o1 ITEM NO, 9 Repair of Balcony Hand Rail ADD $ 248.00 ITEM NO.10 Use Existing Toilet at Projection Booth _ CREDIT [ $ 100.001 • 1555 SOUTH PALM CANYON DRIVE, SUITE D-201 • PALM SPRINGS, CA 92264 • (619) 328-3195 • FAX (619) 320.6611 MAILING ADDRESS: P.O. BOX 2046 • PALM SPRINGS, CA 92263 Wessman Development Co. November T,, 1989 'Page 2 ITEM NO 11 Fabricate and Install New Cabinet at Back-Bar of Concession Stand. ADD $ 7,144.00 ITEM NO 12 _Drop Ceiling in Handicap Toilet was not included in Original Quotation. ITEM NO 13 Addition of Knee Braces to Vertical Pipes at Light Nests, with Steel Angles. ADD $ 827.00 ITEM NO 14 Revision of Quarry Tile Wainscot in Handicap Toilet to 1'-0" Height. CREDIT E $ 264.001 DELETE- er /laency __T. ITEM NO 15 Furnish and install (3) Compartment Bar Sink at Front action R11�21789 Coun er of Concession Stand. Res. No. 6611 ,.. ADD $ 1,367.00 ITEM NO 16 Provide 1'i Hour Fire Rated Doors and Frames at Doors -- - No. 10 and No. 16. ADD $ 364.00 ITEM NO 17 Furnish and Install Smoke Detectors, Magnetic Hold-Open Devices, and Low-Voltage Wiring for Same. ADD $ 3,694.00 No. 104. ITEM NO 18 Furnish and install Battery Pack Exit Signs at Corridor • ADD $ 1,081.00 ITEM NO 19 Furnish and Install Four (40 "Exide #LSS-2H-3 Emergency Lighting Units at Corridor No. 104. ADD $ 2,646.00 ITEM NO 20 Delete Return Air Register Covers. CREDIT [ 6,000.00] ITEM NO 21 Replace Existing Floor Sink, Water Heater, and Drain Line at Concession Area. ADD $ 1,518.00 $6,390.00 - Respectfully Submitted, Wessman `Construction Associates, Inc. Robert Lapham RL/rs • I . - s '� � . _ �� e .,. .. �� �'� • I�� • 'Z) ! . t Ill 1( ._ -hbT,_ nor, � 'aG7G' _ '.' 1CL'uG - .'e .i9 - - �. J, Us y Sub-Contractars; Materialmen-Supplier hitects; NO r t RE CONSTRUCTION PROJECT: Et¢ineers; and Other Non-Contractor ClaimaD On PUBLIC or PRIVATE Construction Projects. (Name Or Dewn�l(an 01 Propeon I L dal Notice Prerequisite To Piling Claim Of Lien t " undlOr Stop Notice--"20 Day Preliminary Notice" (StreetAtltlress Or Lot And Tract No.) Parcel Number Per Sections 3097 and 3090 of California Civil Code(as amended by Assembly Bill 4092 and 1938, - OR Effective January 1,1977,January 1,1979 and September 16,1998) r' {{ (TracbSubdivision Boundaries) —_ 5 (n ,71y f !4.d✓' 11(Cib) I OR » a [ I(County) TO: LLNDER (Or Reputed Lender) OF CONSTRUCTION FUNDS (If Any) a EXCERPTS FROM CALIFORNIA CIVIL CODE, SECTION 3097,AS AMENDED: 3097. "Preliminary 20-day notice(private work)"means a written notice from a claimant that is given prior to the recording of a ,?T": mechanic's lien and prior to the filing of a stop notice,and is re. gmred to be given under the following circumstances Name (a)Except one under direct contract with the owner or one per forming actual labor for wages,or an express trust fund described in- - - _ - — -- Section 3111,every person who furnishes labor,service,equipment, Street or material for which a lien otherwise can be claimed under this title, or for which a notice to withhold can otherwise be given under this title,must,as a necessary prerequisite to the validity of any claim -_ - City of hen,and of a notice to withhold,cause to be goner,to the owner or reputed owner,to the original contractor,or reputed contractor, L and to the construction lender,it any,or to the reputed construction _ Note. If address of above party is not known, JOB SITE ADDRESS may be substituted on second and thud lines lender,if any,a written preliminary notice as prescribed. ' f above If name of lendev is not keawn, you may substitute the wards "CONSTRUCTION LENDER" on first line. do) Except the contractor, or one performing actual labor for - wages, or an express trust fund described in Section 3111, all — — — persons who have a direct contract with the owner and who furnish E.cerpt From Sec. 3097, Calif. Civil Code labor, service, equipment, or material for which a lien otherwise 0) The provisions ul this section shot can be claimed under this title,or for which a notice to withhold can pply to any public work which is subI otherwise be given under this title, must, as a necessary pre- TO: ❑ OWNER (Or Reputed Owner) ❑ PUBLIC AGENCY not a (On Private Work) (On Public Work) tact to the notice provisions of Section requisite to the validity of any claim of lien, and of a notice to 4210 0( the Government Coda withhold,cause to be given to the construction lender,if any,or to - the reputed construction lender,if any,a written preliminary notice c, _ as prescribed by this section. F _ _ (c)The preliminary notice referred to In subdivisions(a)and(b) - Name _z "v- shall be given not later than 20 days after the claimant has first furnished labor,service,equipment,or materials to the jobsite,and ......,., _ -3;' ' shall contain the following: = Street i I-F::' LEGEND TO NUMBERED'BLANKS General d...notion of the labor, service, equipment, or materials furnished,or to be furnished,and if there is a construction lender,he City shall be furnished with an estimate of total price thereof in addr on to foregoing, Name and address of such person furnishing such labor, service equipment,or materials Note If address of .have party is not known, JOB SITE ADDRESS may be substituted on secondand thud Imes ;,;Name of the person who contracted for purchase of such labor, above If name of pwrter is not known Von may substitute the am1"OWNER on first line annprivate work only. Service,equipment,or materials - Description of the jobsite sufficient for identification - ( The following statement in boldface type 10: ORIGINAL ("General") CONTRACTOR (Or Reputed Contractor) (If Any) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, Name equipment,or materials furnished or to be furnished, a mechanic's lien leading to the loss,through court $t eat o1: foreclosure proceedings, of all or part of your pro- Street being so improved may be placed against the , L: City _ -��..:::,.:_ , -5`, property even though you have paid your contractor in full. You may wish to protect yourself against < I; L this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving `a r, Note. It addition; of above party is not known, JOB SITE ADDRESS may be substituted on second and third lines above you this notice before making payment to your If name of original contractor is not known, you may substitute the words "GENERAL CONTRACTOR" on first line. „I { contractor or(2)any other method or device which is -- — — — — — — — — — — — — — — appropriate under the circumstances. (This Form Is NOT A Mechanic's Lien—Merely A Legal Requirement To Protect Lien Rights) n,�If such notice is given by a subcontractor who is required pursuant to a collective-bargaining agreement to pay supplemental (- The name of the LEGAL ENTITY (i.e. person, partnership, corporation, sub-contractor) who CONTRACTED for the fringe benelds Into an express trust fund described in Section PURCHASE of such [.be,, services, egmpment or materials: [,) same as ORIGINAL CONTRACTOR named above, 3111, such notice shall also contain the identity and address of r' OR: such bust fund or funds. (List here) - t' Above named pares are informed that claimant named below has furnished (or will furnish) labor, services, equipment or material for buildings, structures or other works of improvement to project named above of following general description A certificated architect, registered engineer, or licensed land `)` .,r'1-"•,_.'[.,,,»f',"� surveyor who has furnished services for the design of the work of � - " - improvement and who gives a preliminary notice as provided in this section not later than 20 days after the work of improvement has commenced shall be deemed to have complied with subdivisions (a)and re)with respect to architectural,engineering,or surveying services furnished,or to be furnished. (d)If labor,service,equipment,or materials have been furnished FROM CLAIMANT: Date #- to a lobsde by a person who elected not to give a preliminary notice as provided in subdivision(a)or(b),such person shall not be pre" - - eluded from giving a preliminary notice not later than 20 days after Name "! `'" furnishing other labor,service,equipment,or materials to the same - - - .r-f =�' - jobsite.Such person shall,however,be entitled to claim a lien and Street— -i ":C_, i a notice to withhold Only for such labor,service,equipment or ma- terial furnished within 20 days prior to the service of such notice, Cif f"' ,".. - :>'v P `f) and at any lime thereafter. y . Zip- F ' e)Any agreement made or entered into an owner,whereby the owner agrees to waive the rights or privileges conferred upon By him by this section shell be void and of no effect.(Claimant Or Authorized Agent sign ere) (h)Where the contract price to be paid to any subcontractor ono particular work of improvement exceeds four hundred dollars The estimate of the total price of the labor, service, equipment or materials (j� ($400),the failure of that contractor,licensed under Chapter 9(com- lurmshed (or to be furnished) including cartage and any applicable lanes is mencing with Section 7000)of Division 3 of the Business and Pro- fessions Code,to give the notice provided for in this section,consti- (This information is required to be furnished ONLY to LENDER OF CONSTRUCTION FUNDS on private work 7 lutes grounds for disciplinary action by Registrar of Contractors =FORM 105-C — © 1988 By Building NewSrdri 3055 Overland Avenue, Los Angeles, CA 90034 — (213) 202-7775 I j I I Ll CALIFORN44 PRELIMINARY 20-%4Y NOTICE (PUBLIC AND PRIVATE WORK) �\ IN ACCO:FIDANCE WITH SECTION 3097 AND 309e,CALIFORNIA CIVIL CODE - - - - - YOU ARE HEREBY NOTIFIED THAT. . . CONSTRUCTION LENDER or Wessman Construction/Associates, Inc ,L 'C� Reputed Construction Lender, if any kE:CX:'l1VHai (name and address ni person orflan—sender) i 1555 South Palm Canyon Dr, Ste D-201 ) E j NOY 0 g 1989 Palm Springs, CA 92264 N f^Al"InY CLY�T has furnished or will furnish labor,services,equipment or Materials of "IS the following general description: D for the Adaptive Reuse Project (genera[desermVen of the labor,services,equipment or materlals furnished or to be lurnlshetl) of the PLAZA THEATRE E ' Lfor the building, structure or other work of improvement located at: R J 1.28 ,South Palm Canyon Drive (addrges or description or lob site s I ci nt 1 r Identlllcallon) Palm Springs, CA. „� 26� FOLD HERE S The name of the personor firm who contracted for the purchase of such labor, services, equipment or materials: Wessman Development Company - NOTICE TO PROPERTY,OWNER - If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished,a mechanic's lien leading to the OWNER Or, PUBLIC- less,through court foreclosure proceedings,of all or part of your prop- OWNER, N arty being so Improved may be placed against the property even though or Reputed'Owner (on public work) you have paid your contractor in full.You may wish to protect yourself (on' private work) - against this consequence by(1)requiring your contractor to furnish a signed release, by the person or firm giving you this notice before making payment to your contractor or(2) any other method or device Y which is appropriate under the circumstances. - _ _,.. .... .. ._... _ - The person or firm giving this notice is required, pursuant to a collec- five bargaining agreement,to pay supplemental fringe benefits into an CITY lOF PALM SPRINGS CALIFORNIA express trust fund (described in Civil Cade§3111), said fund is iden- tified as follows' (strike it inapplicable) I 32001E. Tahquitz .,McCalIu l Palm Springs, CA, 92262' " N/A (name) LRe-Deve,lop'rnent._Agehcy __- _- (addrese) FOLD NEPE (name) (address) Immp - Japanese) ORIGINAL CONTRACTOR or Mailedthisdate: NnvamhPr R, 1989 Reputed Contractor (signature) - (1ule) 1� "- - - --- --- - ' •---- - -- � An estimate of the total price of the Tabor, services, equipment or 1 materials furnished or to be furnished is: t"WESSM'AN DEVE'LIOPMENT:"iCOMPAN f, 1'6,7-625 'Highway 111, a 550,000,00 ; CATHEDRAL CITY',' CA' ' 92234 ) DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY'20-DAY NOTICE In Accordance With §3097.1(c) and 3098, California Civil Code RHONDA SCHROEDER ,declare: On the 8t lh day of November 109 , at 4:45 _P_.m., Declarant served the CALIFORNIA PRELIMINARY'20-D'AY NOTICE on the interested parties as follows. (Check applicable box.) X7 By placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United States 'mail at Palm Springs, California - ,addressed asfollows: City of Pa1m, Springs California 3200 E. Tahquitz McCallum, Palm Springs, CA 92262 ❑ By delivering,a true copy thereof to the parties listed below: ❑ By leaving a true copy thereof at the address or place of business with some person in charge,of the parties whose names and addresses delivered are listed below. (not to be used on public works) I declare under penalty of perjury that the foregoing is true and correct'. Executed on November 8 1989 at Palm Springs CAi Daclarant WOLCOTTS FORM 15100(Ouadmphcato),Rev.7-e1b (ante class 13D) '91981 WOLCOTTS,INC. (PLEASE NOTE REVERSE SIDE) For your assistance the following complete text of Section 3097,Section 3097.1 and Section 3098 of the Calif or is Civil Cede are hereafter quoted.Should you have any doubt as to the usefulness of form for your purposes you are urged to consuls,your a, rney. § 3097. Preliminary 20-day notice (privaY irk). ''Preliminary 20-day 1 Where such notice is lared to contain the mlorrri set forth in notice (private work)" means a written notice from a claimant that is given ,paragraph(6)of subdivision(c),a failure to give such notice,including such prior to the recording of a mechanic's lien and prior to the filing of a stop information,that results in the filing of a lien or the delivery of a stop notice notice', and is required to be given under the following circumstances. by the express trust fund to which such obligation is owing constitutes (a) Written preliminary notice;,parties. Except one under direct contract (grounds for the disciplinary action by the Registrar of Contractors against the _-_ with the owner or one performing actual labor for Wages,or an express trust ;subcontractor if [he amount due such trust fund Is not paid fund described In Section 3111, every person who furnishes labor;service;::. -"(I) Construction lender; designation or permit application. Every city, equipment,or material for which a lien otherwise can be claimed under this 'county, city and county, or other governmental authority issuing building title,or for which a notice to withhold can otherwise be given under this title, ,permits shall, In its application form for a building permit, provide space and must,as a necessary prerequisite to the validity of any claim of hen;ik of a .` 'argeslgnalum for the applicant to enter the name,branch,designation,II any, notice to withhold, cause to be given to the owner or reputed owner,to the and address of the construction lender and shall keep the information on Itle original contractor, or reputed contractor, and to the construction lender,if iopen for public inspection during the regular business hours of the authority. any,or to the reputed construction lender,if any,a written preliminary notice It there is no known construction lender, that tool shall be noted in such as prescribed by this section. ' designated space, Any failure to indicate the name and address of the con- (b)-Construction lender. Except-the contractor,;or one performing actual struction lender on such application, however, shall not relieve any person ---labor[or wages, or an express bust fund described in Section 3111,all per- from the obligation to give to the construction lender the notice required by 'sons wIldhave a direct contract with the owner and who furnish labor,ser- ',this section. vice,equipment,or material for which a lien otherwise can be claimed under (j) Designation of mortgage, deed of trust or other instrument securing - this title, or for which a notice to withhold can otherwise be given under this loan.A mortgage, deed of trust,or other instrument securing a loan,any of title;must,said necessary prerequisite to thevandity of any claim of lien,and the proceeds of which may be used for the purpose of constructing improve- of a notice to withhold,cause to be given to the construction lender,if any,or menus on real property, shall bear the designation 'Construction Trust to the reputed construction lender, if any, a written preliminary notice as ',Deed'' prominently on its face and shall stale all of the following (1) the prescribed by,this section. - _- - name and address of the lender, and the name and address of the owner of (c)Time; content;architect, engineer or surveyor.The preliminary notice the real properly described in the Instrument, and (2)a legal description of referred to In subdivisions (a)and (b)shall be given not later than 20 days the real property which secures,the loan and,if known,the street address of after the claimant has first furnished labor,service,equipment,or materials the properly The failure to be so designated or to state any of the Information to the jobsite, and shall contain the following information- required by this subdivision shall not affect the validity of any such mortgage. (1)A general description of the labor,service,equipment;or materials tor- deed of trust, or other instrument nished,or to be furnished,and if there is a construction lender,he shall be fur- Failure to provide such Information on such an instrument when recorded nished with an estimate of the total price thereof in addition to the foregoing. shall not relieve persons required to give preliminary notice under this section (2)The name and address of such person furnishing'such labor, service, from such duty equipment, or materials.- The county recorder of the county in which such Instrument is recorded (3)The name of the person who contracted for purchase of such labor,ser- shall indicate in the general index of the official records of the county that vice, equipment, or materials such Instrument secures a construction loan (4),A description of,the jobsi[e sufficient for identification. (k)Trust fund and lender;supplementary fringe benefits. Every contractor (5)The following,statement in,boldface type; and subcontractor who is required pursuant to a collective-bargaining agree- ment to pay supplementary fringe benefits into an express trust fund described ,NOTICE TO PROPERTY OWNER in Section 3111, and who has failed to do so shall cause to be given to such - - fund and to the construction lender, if any, or to the reputed construction _ If bills are not paid in full for the labor,'services, equipment, or materials lender,it any, not later than the date such payment due to such fund became furnished or to be furnished, a mechanic's lien leading to the loss,through dellnquenl, a written notice containing - court foreclosure proceedings,of all or part of your properly being so improved (1)The name of the owner and the contractor may be placed against the,property even though you have paid your contrac- (2) A description of the lobsite sufficient for identification, for in full.You may wish to protect yourself against this consequence by(1) (3)The Identity and address of the express trust fund, requiring your contractor to furnish a signed release by fire person or firm (4)The total number of straight time and overtime hours on each such jab, giving you this notice before making payment to your contractor or(2)any payment for which the contractor or subcontractor is delinquent to the other method or device which is appropriate under the circumstances express trust (5)If such notice is given by a subcontractor who is required pursuant to a (5)The amount then past due and owing, collective-bargaining agreement to pay supplemental fringe benefits into an Failure to give such notice shall constitute grounds for disciplinary action express trust fund described in Section 3111,such notice shall also contain by the Registrar of Contractors. the identity and address of such trust fund or funds. (1)Contract; name and address of owner;information to person seeking to If an invoice for such materials contains the information required by this serve notice. Every written contract entered into between a properly owner section,a copy of such invoice,transmitted in the manner prescribed by this and an original contractor shall provide space for the owner to enter his name section shall be sufficient notice. and address of residence:and place of business it any The original contrac- A certificated architect,registered engineer,or licensed land surveyor who [or shall make available the name and address of residence of the owner to has furnished services for the design of the work of improvement and who any person seeking to serve notice required by [his section. - - gives a preliminary notice as provided in thissection not later than 20 days §3097.1 Proof of service of preliminary 20-day notice, proof of service afff- after the work of improvement has commenced shall be deemed to have coin- davit; receipt. Proof that the preliminary 20-day notice required by Section plied with subdivisions(a)and(b)with respect to architectural,engineering, 3097 was served in accordance with subdivision(1)of Section 3097 shall be or surveying services'.furnished, or to be furnished made as follows (d)Election not to give preliminary notice;subsequent rights. If labor,ser- a li served b marl, by the roof of service affidavit described m subdivo- - vice,equipment, or materials have been furnished to a lobsite by a person sign)I el this section, by th soled either i the return receipt of certified i- who elected not to give a preliminary notice as provided in subdivision(a)or l ) P Y P (b), such person shallnot.be precluded from giving a preliminary notice not registered mail,or by a photocopy of the record of delivery and receipt main- later than 20 days"after'furnishing other labor'; service, equipment, or lamed by the post office,showing the date of delivery and to whom delivered, materials to the same lobsite. Such person shall, however, be enmled to or, in the event of nondelivery, by the returned envelope itself. claim a lien and a notice to withhold only for such labor,service,equipment, (b)It served by personally delivering the notice to the person to be notified, or material furnished within 20 days prior to the service of such notice,and at or by leaving It at his address or place of business with some person in any time thereafter. '-- charge, by the proof of service affidavit described In subdivision (c) (e)Waiver.Any agreement,made or entered into by an owner,whereby the (c)A''proof of service affidavit'' is an affidavit of the person making the by this service, showing the time, place and manner of service and facts showing owner agrees to waive the rights or privileges conferred upon him section shall be void and of no effect, - [hat such service was made in accordance with Section 3097.Such affidavit (1) Service. The notice required under this section may be served as shall show the name and address of the person upon whom a copy of the pre- follows: liminary 20-day notice was served,and,if appropriate,the title or capacity in (1)If the person to be notified resides in this state,by delivering the notice which he was served personally, or by leaving it at his address of residence or place of business §3098. Preliminary 20-day notice(public work),stop notice;service; dis- with some person in charge, or by first-class registered or certified mail, ciplinary action; exemption for express trust fund. ''Preliminary 20-day postage prepaid,addressed to the person to whom notice is to be given at his notice (public work), stop notice'' means a written notice from a claimant residence or place of business'address or at the address.shown by the 1 that was given prior to the filing of a stop notice on public work, and is building permit on file with the authority issuing a building permit for the required to,be given under the following circumstances work, or at an address recorded pursuant to subdivision (j)of this section (a)In any case in which the law of this stale affords a right to a person fur- (2)If the person to be notified does not reside in this state,by any method nishing labor or materials for a public work who has not been paid therefor to enumerated in paragraph (1) of this subdivision If such person cannot be file a stop notice with the public agency concerned. and thereby cause the served by any of such methods,then notice may be given by first-class cer- withholding of payment from the contractor for the public work, any such [if ad or,registered mail, addressed to the construction lender or to the person having no direct contractual'relationship with the contractor, other origmal contractor than a,person who performed actual labor for wages or an express trust fund - described in Section 3111, may file such a notice, but no payment shall be (3)When service is made by,first-class certified or registered mail,service withheld from any such contractor,pursuant to any such notice, unless such Is complete at the time of the deposit of such registered or certified mall person has causedwritten notice to be given to such contractor, and the (g) Single notice; additional material, service, labor or equipment. A per- public agency concerned, not later than 20 days after the claimant has first son required by this section to give notice to the owner and to an original con-- form'hetl labor.,services,equipment,or materials to the jobsue,staling with tractor,and to a person to whom a notice to withhold may be given,need give substantial accuracy a general description of labor, service, equipment. or only one such notice to owner, and to the original contractor and to the per-' 'matenals furnished or to be furnished,and the name of the party to whom[lie son to whom a force to withhold may be given with respect to all materials, same was furnished Such notice shall he served by mailing the same by service, labor, or equipment he furnishes for a work of improvement, which first-class mail, registered mail, or certified mad, postage prepaid, in an means the entire structure or scheme of improvements as a whale,unless the envelope addressed to the contractor at any place he maintains an office or same is furnished under contracts with more than one subcontractor, in conducts his business, or his residence, or by personal service In case of which event, the nonce requirements must be met with respect to materials, any public works constructed by the Department of Public Works or the services, labor, or equipment furnished to each such contractor. Department of General Services of the state, such notice shall be served by It a notice contains a general description required by subdivision (a)or(b) mailing in the same manner as above,addressed to the office of the disburs of the materials,services,labor,or equipment furnished to the date of notice, I ing officer of line department constructing the work, or by personal service it is not defective because, after such date, the person giving notice fur- upon such officer When service is by registered or certified mail, service is nishes materials,services, labor,or equipment not within the scope of such complete at the time of the deposit of [he registered of certified mail general description (b)Where the contract price to be paid to any subcontractoron a particular (h) Disciplinary action against contractors and subcontractors. Where the I work of improvement exceeds four hundred dollars($400), the failure of that contract price to be paid to any subcontractor on a particular work of contractor, licensed under Chapter 9,(commencing with Section 7000) of improvement exceeds four hundred dollars($400),the failure of that contrac- Division 3 of the Business and Professions Code,to give the notice provided for, licensed under Chapter 9(commencing with Section 7000)of Division 3 for In this section,constitutes grounds for disciplinary action by the Registrar of[he Business and Professions-Code, to give the notice provided for this of Contractors section, constitutes grounds for disciplinary action by the Registrar of (c) The notice requirements of this section shall not apply to an express Contractors trust fund described in Section 3111 OCT 18 '99 11:37 MCDONOUGH OLLAND & ALEN SAC CA John Wessman dba Wessman Dev GLI - Remodel Plaza Theater UREEMENT #219 R651, 10-18-89 AGREEMENT FOR PLAZA THEATRE PROJECT THIS AGREEMENT is entered into as of this ���� - day of �'�!� � 198J by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, (hereinafter referred to as the "Agency"), and JOHN WESSMAN, dba WESSMAN DEVELOPMENT COMPANY (hereinafter referred to as "Developer"). RECITALS A. The Agency is charged with the responsibility of implementing the Palm Springs Central Business District Redevelopment Project (the "Redevelopment Project"), adopted by the City Council of the City of Palm Springs (the "City") on July 11, 1973 by Ordinance No. 952. B. The Developer has previously entered into a Redevelopment I Participation Agreement (the "Participation Agreement") with the Agency and the City, dated November 2, 1988, for the renovation and redevelopment of certain real property known as the Plaza de Las Flores located in the project area (the "Project Area"). ^ C. The Plaza Theatre (the "Theatre`s is currently leased by the Agency from a third party and is located within the Plaza de Las Flores. Under the the terms or the lease, the Agency is required to purchase the Theatre at the end of the lease term. i D. The Developer and the Agency wish to encourage and enhance the further redevelopment of the Plaza de Las Flores by providing for the renovation or the Theatre (the "Work"). E. The Agency further desires to have the Work completed by a certain date and to keep the cost of the Work below the specified amount. Therefore, the Agency desires to retain a construction manager to provide specific project and cost control services. F. The Developer represents that it is qualified to perform such services and recognizes and accepts its essential role in meeting the cost and performance objectives of the Agency. G. The Agency therefore desires to engage Developer to manage the Work as further defined herein. H. The Developer desires to perform the Work in acknowledgement of the benefit it will confer upon his interest in the Plaza de Las Flores project as set PSP/P1=Th ngr/1FY 10n7/89 . oc r ie 'si i1:37 mcnpNp: HOLLAND & A-LEN src cA • P.3VM forth in the?articipation Agreement and recognizes such benefit as good and fair consideramn. L In approving this Agreement, the Agency has made final and conclusive.egal determinations that the Work to be performed under this Agreeme=s not subject to competitive bidding requirements because the cost of the Work=the Agency shall be equal to the actual cost of the Work to be incurred b} Devel= , who is waiving any fee for the services to be performed by him hereunder J. The Agency has found and determined that the redevelopment of the Site pu.-s,a:t to this Agreement and the fulfillment generally of this Agreement are in the viza.:nd nest interests of the City and the health, safety and welfare of its residenrs. and in accord with the public purposes and provisions of the applicable federal, s=a and local laws and reouirements, including the Redevelopment Plan, under w:.:- this Work is being undertt i<en. AGREEMENTS NCV. THEREFORE, THE PARTMS HERETO DO HEREBY AGREE AS FOLLOWS I. (§100) DEFINITIONS Th< arms used or referred to in this Agreement shall mean the following: A. (§101) Site: The Plaza Theatre is that portion of the Project Area as shown oL -_e Map of the Site, attached hereto as Attachment No. 1 and incorpora-- herein. B. (3102) Architect/Engineer: R.F. McCann and Company, 39 South El Moiinc..'asadena, California 91101. C- (§103) Developer: John Wessman, dba Wessman Develorment Company. 'he principal office of the Developer is located at 67-625 East Palm Canyon Z:-,7e, Cathedral City, California 92234. D. (§104) Agency: Community Redevelopment Agency of the City of Palm Spry, a public body, corporate and politic, exercising governmental functions nd powers, and organized and existing under the Community Redevekr,:=t Law of the State of California (Health and Safety Code Section 33000 2t seq.). t-M office of the Agency is located at 3200 East Tahquitz-McCallum Way, Palm Spr��s, California 92262. / a�n,cyrnr 2 OCT 18 'eS 11:38 MCDONOUQ� HOLLAND & ALLEN SAC CA P.4120 E (§105) project: All work necessary based on plans dated September 14, 1989 and specifications entitled "The Plaza Theatre Adaptive Reuse Project, Palm Springs, California," and Addendum No. 1 dated Septemba 19, 1989 for the plans. F. (§106) Work: That which is to be done under this Agreement by the Developer. G. (§107) Trade Work That part of the Project which will be construrted by particular Trade Contractors. ii (§108) Dav: Day shall mean calendar year, unless otherwise specified. I. (§109) Trade Contractors: Persons and entities who will be constructing portions of the Project pursuant to contracts with Developer. J. (§110) Plans and Specifications: :ne plans referred to in the definition of Project heremabove. 11. 1200) SCOPE' OF SERVICES A. (62ni) 7hP C"nnctrnrtinn Taarr and Fxtvnt of Aerr+pmpnP The Developer accepts the relationship of trust and confidence established between him and the Agency by this Agreement. He covenants with the Agency to furnish his best skill and judgment and to cooperate with the Architect/Engine.- in furthering the interests of the Agency. He agrees to furnish efficient business administration and superintendence and to use his best efforts to complete the Project and the Work in the best and soundest way and in the most expeditious and economical manner consistent with the interest of the Agency. 1. (§202) The Construction "teem: The Developer, the Agency, and the Architect/Engineer, called the "Construction Team" shall work from the beginning of design through construction completion. The Developer shall provide leadership to the Construction Team on all matters relating to construction. 2. (§203) Extent of Agreement: This Agreement represents the entire agreement between the Agency and the Developer and supersedes all prior negotiations, representations or agreements. Developer and Agency have accepted and approved the Plans and Specifications. This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both the Agency and Developer. B. (§204) Developer's Services 1. Project Control: Monitor, inspect and manage the Project and Trade Work and coordinate the Trade Work with the activities and responsibilities P5P/P12=ThASt/1PY 3 10117/0 OCT 18 '89 11:39 M=ONOUGH HOl_z;a 2 ALLY SAC CA P.S"M of the Agency, Architect/Engine -and Developer to complete the Project in accordance with the Agency's o'c,aves of cost, time and quality. a. Mainta a competent full-time staff at the Project site to coordinate and provide general cM-ction of the Work and.progress of the Trade Contractors on the Project. b. Estabii-= on-site organization and lines of authority in order to carry out the overall pL= of the Construction Team. C. Estab zn procedures for coordination among the Agency, Arciuter_/Engineer, Trade Con==rs and Developer with respect to all aspects of the Project and implement sue' _ocedures. d. Schedua and condo: progress meetings at whic11 the Agents, Trade Contractors, and Developer can discuss jointly such matters as procedures, props, problems and scheduling. e. Provi:r.-egular monitoring of the schedule as construction progresses. Identf 7otential variances between scheduled and probable completion. dares. Rev=N schedule for Trade Work not started or incomplete and recommend to = Trade Contractors adjustments in the schedule to meet the probable completior ste. Provide summary reports of each monitoring and document all changes in sc=-ule. f. Deter=e the adequacy of the Trade Contractor's personnel and equipment and availability of materials and supplied to meet the schedule. Recommend courses = action to the Agency when requirements of a Trade Contract are not being me= 2. Physical Cc-_ruction: Provide all supervision, labor, materials, construction equipment, rocis a..subcontract items which are necessary for the completion of the Project which se not provided by the Trade Contractors, including, but not limited to, se=--.v guards, security fences, safety inspection services, safery fences, structure ::,�e used as zeid office, barricades, walkways, temporary driveways, temporar-_ -.rility services, dust controls, sanitary facilities, air pollution and nuisance control =d vermin control. To the extent that the Developer performs any Trade -.Fork with his own forces, he shall, with respect to such Trade Work, be bound to w extent not inconsistent with this Agreement, by the procedures and the obligad= with respect to such Trade Work as may govern the Trade Contractors under an� =eneral conditions to the Trade Contracts. 3. Cost Contrc. Develop and monitor an effective system of Project cost control. Revise ant afire the initially approved Project construction budget and incorporate approve=.:hanges as they occur. Identify variances between PSP/PLwThASt/IPY 4 •WW actual and budgeted or estimated costs and advise the Agency and Architect/Engineer whenever Project cost exceed budgets or estimates. Maintain cost accounting records on authorized Work performed under unit costs, actual costs of labor and material, or other bases requiring accounting records and afford the Agency access to these records. 4. Change Orders: Develop and implement a system for the preparation, review and processing of Change Orders for approval by the Agency. Recommend necessary or desirable changes to the Agency and the Architect/Engineer to achieve the Agency's goals. Review and make recommendations on requests for c umges and assist in negotiating Change Orders. 5. Pavments to Trade Contractors: Develov and iaroiement a procedure for the review and processing of requests by Trade Contractors for progress and "final paymw..t. Bill the A,encv on a monthly basis incorporating Trade Contractor requests for payment showing, per cantage completion and including recommendations for payment of Trade Contractors or reasons for denial of requests. 6. Permits and Fees: Assist and Architect/Engineer in obtaining all building permits and special permits for permanent improvements, excluding permits for inspection or temporary facilities required to be obtained directly by the various Trade Contractors. Advise the Agency as to what permits are required for the Project. Assist in obtaining approvals from all authorities having jurisdiction. 7. Inspection and Review of Safety Procrams: Inspect the Work of Trade Contractors for defects and deficiencies in the Work as set forth below without assuming any of the Architect/Engineer's responsibilities for inspection. a. Within the stove of the Trade Contracts, as meciried in this subsection, the Developer shall enforce compliance with Plans and Specifications to dete.*rune the acceptability of materials and workmanship. Trade Contracts shall include the following language. 'Within the scope of the Contract, the Developer is authorized j to enforce compliance with plans and specifications, to determine the acceptability of materials and workmanship, and to prepare progress payment estimates. In the event of dispute between the Contractor and the Developer, the latter is authorized to reject materials or suspend the work until any questions at issue can be referred to and decided by the Agency as expeditiously as possible and in a manner such that the Work shall not be unduly delayed." b. Review the safety programs of each of the Trade Contractors and make appropriate recommendations. In making such I P5P/Plaxa711Ag1/1FY 5 10/17/89 i recommendations and carrying out such review, Developer sal not be required to make exhaustive or continuous inspections to check safety pre-utions and programs in connection with the Project. The performance of:rich services by the Developer shall not relieve the Trade Contractors of their res=%sibillties for the safety of persons and property, and for compliance with all feL—al, state and local statutes, rules, regulations and orders applicable to the conduc of the work. 8. Document Interpretation: As appropriate, per questions for interpretation of the documents prepared by the Architect/LR-_- neer to the Architect/Engineer. 9. Shop Drawings and Samples: In col1abora-=n with the Architect/Engineer, establish and implement procedures for e=aditing the processing and approval of shop drawings and samples. 10. Reports and ?-oiect Site Doc rnents: Rz_-- -.he progress of the Proiect. Submit written progress re=rz to the Agency and --^.trziiitect/Engineer, inciuding information on the Trade Contractor's Work, and _- -ercentage of completion. Keep a daily log available to the Agency and the --rcnitect/'Engineer. a. Maintain at the Project site, on a ===: basis: records of all necessary contracts, drawings, samples, purchases, mateei equipment, maintenance and operating manuals and instructions, and o ar construction- related documents, including all revisions. Obtain data fro=. =cde Contractors and maintain a current set of record drawings, specifications and =arating manuals. At the completion of the Project, deliver all such records to the :=ncy. b. Report any accident, dispute, claim, =mplaint, rejection of materials, suspension of work, reouest for changes, and o= anusual events promptly to the Agency. If requested, provide the Agency w?_ 1 complete written report on such an event. Otherwise, report on the event it _- :aily report. C. in addl:ion, anv reiection of mate_or suspension of work ordered by the Developer shall be given in writing to :�te "rade Contractor and to the Agency. Telephonic notification to the Agency shall be ode as soon as a potential problem arises. 11. Final Completion: Assist the determina ..•-r of Final Completion of the Project, or portion thereof, and provide w-:=-t notice to the Agency and Architect/Engineer that the Work is ready for fir . nspection. Secure and transmit to the Agency required guarantees, affidavits, re'se bonds and waivers. Turn over to the Agency all keys, manuals, record dmvings and maintenance stocks. 12. Project Manager: The Developer shall des: rate to the Agency in writing a Prnjprt AAanaepr nr 4nrL*rintpnd~ whn is anthnr•-nr9 to A& nn iNahalf PSP/PI&=ThAgr/1PY 6 10/17/89 i he Developer with respect to the Project The person designated shall be subject .he approval of the Agency. 13. Authorization of Developer. The Developer shall not be a=orized to agree to any increase in the construction cost of any Trade Work. 14. ComRctitive Bidding; All purchases of goods or services hreunder by the Developer in excess of FIVE THOUSAND DOLLARS ($5,000) shall bEoy competitive bidding, unless first exempted by the Agency in writing. III. (§300) COMPENSATION A. (9301) Cost of +he Work: The term "Cost of the Work' shall :Wean cost items, as defined in g302 --ow, necessarily incurred in the Project and paid by the Developer. it is expressly .:aarstood and agreed that in no event shall payment for the Cast of the Work e caed the maximum sum of FINE zr.1VDRED TWHNTiY--r E T -IOL SA.--0 ONE ;—.',JDRED THIRTY-NZv'E DOLLARS ($323,139.00). This amount is based an the -aIIosal submitted by Developer, dated October 10, 1989, which contains specific �•.usions, attached hereto as Attachment No. 2 and incorporated herein. 1. (§302) Cost Items a. Wages paid for labor in the direct employ of the :�weloper in the performance of his Work under applicable collective bargaining aF-ements, or under a salary or wage schedule agreed upon by the Agency and the CFreloper, and including such welfare or other benefits, if any, as may be payable -aril respect thereto. b. Salaries of the Developer's employees when stationed at field office, in whatever capacity employed, and employees engaged on the road axpediiing the production or transportation of mate:;als and equipment for the --Mect. That portion of the salary of the Developer located in the main office that is Lzcable to work performed under this Contract. C. Cost of all empioyee benefits and taxes for such items as ,-- -mployment compensation and social security, insofar as such cost is based on w.ges, salaries, or other remuneration paid to employees of the Developer and i-uded in the Cost of the Project under a. and b. above. d. The proportion of reasonable transportation, traveling, wing, and hotel expenses of the Developer or of his officers or employees !=.erred in discharge of duties connected with the Project. r,P1aTaThABt/IPY 7 10/17/89 e. t st of all materials, supplies and%upment incorporated in the Project, including costs of transportation and storage thereof. f. Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen, which are employed or consumed in the performance of the Work, and cost, less salvage value on such items used but not consumed which remain the property of the Developer. g. Rental charges of all necessary fences, Meld offices, machinery and equipment, exclusive of hand tools, used at the site of the Project, whether rented from the Developer or other, including installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation and delivery costs thereof, at rental charges consistent with those prevailing in the area. h. Cost of the premiums for all insurance which the Developer is required to procure by this Agreement or is deemed necessary by the Developer. i. Sale, use, gross receipts or similar taxes related to the Project imposed by any governmental authority, and for which the Developer is liable. j. Losses, expenses or damages to the extent not compensated by insurance or otherwise. k. Minor expenses such as telegrams, long-distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the Project. I. Costs incurred due to an emergency affecting the safety of persons and property. In. All costs directly incurred in the performance of the Project. V. (§500)w PAYMENTS TO THE DEVELOPER A. (§301) The Developer shall submit monthly to the Agency, a statement, sworn to if required, showing in detail all moneys paid out, costs accumulated or costs incurred on account of the Cost of the Work during the previous month, a percentage estimate of the first increment of construction completed during the previous months. Payment by the Agency to the Developer of the statement amount shall be made within fourteen (14) days after it is submitted. PSP/N&nThAgt/1PY 8 1o/17/89 • i B. (§502) Final payment constituting the unpaid balance of the Cost of the Work shall be due and payable on the date the Agency issues to Developer a Certificate of Completion for the Project. C. (§503) The Developer shall promptly pay all the amounts due other persons with whom he has a contract hereunder upon receipt of any payment from the Agency, the application for which includes amounts due such other persons. Before issuance of final payment, the Developer shall submit satisfactory evidence that all payrolls, material bills and other indebtedness in connection with the Project and the Work have been paid or otherwise satisfied. D. (§504) All services performed pursuant to the Cost of the Work, herein, shall be indicated separately in the invoice. Such invoice for payment shall contain a certification that the Developer has performed the services as set forth herein and is entitled to receive the amount invoiced under the terms of the Agreement. Payment of the invoice will be made after acceptance and approval by the Agency. VI. (§600) TIME FOR PERFORMI ANCE A. (§601) Schedule of Performance The Developer shall substantially complete such Work as is required in time to allow the Theatre to be used for the opening of a film festival on January 10, 1990. The Agency recognizes that the Work to be performed under this Agreement would normally require approximately five (5) months to complete, and that overtime work will be necessary to comply with the above schedule. Such overtime work and*cost thereof are not included in the Cost of the Work specified in Section 301 hereof, as indicated on Developer's Exclusions to Maximum Cost of Work, Attachment No. 2, and may increase the amount of the Cost of the Work so specified in Section 301, as approved by the Agency. After the completion of the aforementioned film festival, Developer shall diligently prosecute the Work to 1 completion, subject only to Unavoidable Delays (as defined in Section 602 hereof) or as otherwise permitted in this Agreement. B. (§602) Unavoidable Delays For the purpose of this Agreement, neither the Agency nor the Developer shall be considered in breach of or default in its obligations, nor shall there be deemed a failure to satisfy any conditions, in the event of "Unavoidable Delay" in the performance of such obligations, or satisfaction of such conditions, i P5P/PlauThA t/IPY 9 fi due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such Unavoidable Delay, the time or times for the satisfaction of conditions to this Agreement shall be extended for the period of the Unavoidable Delay. VIL (§700) CERTIFICATE OF COMPLETION A. (970I) Promptly after completion of the Work by the Developer, the Executive Director of the Agent/ shall furnish the Developer- with a Certificate of Completion. The Certificate of Completion shall be, and shall so state that it is a conclusive determination of satisfactory completion of the construction required of the Developer by this Agreement and of full compliance by the Developer with the terms hereof with res rzc: to the Project. The Executive Director of the Agency shall not unreasonable withhold the issuance of the Certificate of Completion. If he or she shall refuse or fail to furnish the Certificate of Completion for the Project after written request from the Developer, he or she shall, within seven (7) working days of such written request, provide the Developer with a written statement setting forth the reasons he or she refused or failed to furnish the Certificate of Completion for the Project. The statement shall also contain a list of the actions the Developer must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate unavailability of specific items or minor building "punch list" items, the Executive Director of the Agency will issue the Certificate of Completion upon the posting of a bond o: letter of credit by the Developer with the Agency in an amount representing a fair value of the work not yet completed. If the Exectitive Director of the Agency shall have failed to provide such written statement within said seven (7) working day period, the Developer shall be entitled to the Certificate of Completion, and it shall be automatically issued. The Certificate of Completion shall not be deemed to constitute a notice of completion as referred to in California Civil Code section 3043. VM. (§800) LNSURANCE A. 1801) Worker's Compensation The Developer, in accordance with workers compensation laws, shall carry worker's compensation insurance for all persons employed in the performance of services as set forth herein. The Developer shall provide the ?/FI=ThAgt/IPY 10 10/17/89 Agency with a cestificam-verifying such coverage before commencing services under this Agreement. Such miicy shall require thirty(30) days notice to the Agency in writing prior to cancL-Zm n, termination or acpiration of any kind. B. (6802) P•�is Liability and Prot=Damage The Deve:mer shall carry Public Liability (Bodily Injury) insurance in an amount of not less tmn ONE MILLION DOLLARS ($1,000,000.00) and Property Damage insurance in �amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00). The De"soper shall provide the Agency with certificates verifying such coverage before c=mmencing services under this Contract. Such policy shall require forty-five (4F �zvs notice to the Agency in writing prior to cancellation, termination or expira---: of any kind. In the event the Agency shall require Developer to carry iris-nce coverage for greater amounts than stated above, the Agency shall reirnbu_rsa :eveloper for any additional premium for such coverage, and such costs shall = a included in Developer's maximum Cost of the Work. All insuz : polices shall name the Agency and the City as additional insureds. C (§803) S=ds In the eve-. the Agency shall require Developer or any of the Trade Contractor's to provide abor and/or performance bonds for the Project, such cost shall not be included :r developer's maximum Cost of the Work. D. (§804) __amnification The Deve---per shall indemnify and hold the Agency and the City harmless from and all liability, loss, damage, costs or expenses (including, without limitation, r ea_.=able attorneys' fees and court costs) arising from or as a result of the death of person or any accident, injury, loss or damage whatsoever caused to any person •o the property of any person which shall be directly or indirectly caused by a_- acts done on or in connection with the Project or any errors or omissions of the De—;Loper or its agents, servants, employees or contractors. The Developer shall not ;,e psporsible for (and such indemnity shall not apply to) any loss due solely to any errors or omissions of the Agency or the City, respectively, or their: res ective agents, servants, employees or contractors. The Ages shall indemnify and hold the Developer harmless from and against all liabilitr .oss, damage, costs or expenses (including, without limitation, reasonable ziorneys' fees and court costs) arising from or as a result of the death of any persc_ or any accident, injury, loss or damage whatsoever mused to n, any person or to the prmerty of any person which shall be directly or indirectly caused by any acts dm-.E on or in connection with the Project or any errors or omissions of the Agent. or its agents, servants, employees or contractors. The PSPiP1au&Th .gtnPY i1 wn�iss ' Agency shall not be responsible for (and such indemnify shall not zrpiy to) any loss due solely to any acts, errors or omissions of the Developer or its asents, servants, employees or contractors. IX (§900) TERMINATION A. (§901) Develo= Default In the event that the Developer shall default in the pemrmance of its obligations hereunder with respect to the completion of the Work =ad shall fail to cure such default within thirty (30) days after written notice thereci m the Agency specifying such failure, then in such event, the Agency shall have - right to require any or all of the Trade Contracts, subcontracts and purchase zders to be assigned to it and take possession of and use all or any part of the _te.^.als and other property of every kind used by the Developer in the perfor`.nce of the Work and complete the Work in anv manner it deems desirable, includin -he engaging of services of other parties the--emr. In addition, the Agency shall have the right to termir=e this Agreement and neither party shall have any rights against or iiabf ^: to the other. B. (§902) Agency Default In the event the Agency is in breach of default with re-.ac; to any material obligation of the Agency under this Agreement that is nc- -.:red within thirty (30) days after receipt of written notice from the Developer sp- fying the default, the Developer may seek any and all remedies provided at :av or equity, including specific performance of the terms of this Agreement. An .uch default by the Agency causing a delay in the completion of the Work shall e--e:d the time of performance by the Developer by the period of such, delay. X. (§I000) LIENS AND CLAIMS A. (§IOOJ If any mechanic's, laborers or materialman's -t or any security interest at any time shall be filed against the Plaza Theatre Z :he Project or any part thereof arising out of the Work hereunder, or if any lien ==y nature shall be filed or permitted to be filed against the assets of or funds apprc--:ated to the Agency or the City arising out of the Work hereunder, it shall be ' nptiy discharged by the Developer by payment, deposit, bond, order of .;.L-t of competent jurisdiction or otherwise. If the Agency is thereafter,compelled by cder, judgment or decree of a court of competent jurisdiction (the enforcement of vrich has not been stayed or which is beyond the right of judicial appeal) to pay sz`h lien or secured party, then the Developer shall promptly reimburse the Aga•ry an amount equal to the amount paid by the Agency to such lienor or secured px:y, together with all reasonable costs and expenses incurred by the Agency in =mection therewith, including reasonable attorneys' fees and disbursements. PSP/FI=ThASV1PY 12 10/17/89 B. (§10= The Developer agrees that if any Trade Contractor, subr or materialman performing the Work or furnishing materials, or if anyone calming directly or indirectly under or through the Developer or any such Trade Cattractor, subcontractor or matmiaiman shall suffer, permit, file or cause to be filed my mechanic's or other lien or security interest against the Site or the Plaza Theatre w any portion thereof, or against any assets of or funds appropriated to the Agency a-,the City, the Developer, within thirty (30) days after notice of filing thereof,.nail cause such lien or security interest to be discharged of record by paymetr_. eposit, bond, order of court of competent jurisdiction or otherwise. If the Develope shall fail to cause such lien to be discharged of record within the period aforesaic and if such lien shall continue for an additional ten (10) business days after nc— by the Agency to the Developer, then, in addition to any other right or remedy Agency may, but shall not be obligated to, discharge the same either by pavingg = amount claimed to be due from retentions or any progress payment next y due the :aveioper or by procsring the discharge of record of such lien or security interest .nv amount so paid by the Agency, including all reasonable costs and expense= ncirr ed by the Agency in connection therewith, shall 're payable by the Devel=e:o the Agency on demand. C (§1003) Notwithstanding the foregoing provisions of subsections A. and B., amve, the Developer shall not be required to discharge of record any such lien or r.:rity interest, if the Developer is in good faith, and consistent with applicai:�law, contesting the same. XI. (§1100) ADDITIONAL TERMS AND CONDITIONS A. (§1101) Correction of Work The performance of services or acceptance of information furnished by the Oevaoper shall not relieve the Developer from obligation to correct any defective vork subsequently discovered and all incomplete, inaccurate or defective work steal be remedied by the Developer on demand without cost to the Agency. B. (§1102) Ownership of Materials and Documents Any and all sketches, drawings, tracings, field survey notes, computzmns, details and other materials and documents prepared by the Develope shall be the property of the Agency from the moment of their preparamn and the Developer shall deliver such materials and documents to the Agency vnenever requested to do so by the Agency. However, the Developer shall have the :ght to make duplicate copies of such materials and documents for his own files -ar other purposes as may be authorized in writing by the Agency. The Agency call not, without the Developer's written consent, associate the IDevelope's name with any material not the exclusive product of the Developer. �PJra aSs�1PY 13 zone C (§1103) Non-Disclosure of Information The designs, plans, reports, investigations, materials and documents prepared or acquired by the Developer pursuant to this Agreement (including any duplicate copies kept by the Developer), shall not be shown to any other public or private person or entity, except as authorized by the Agency. The Developer shall not disclose to any other public or private person or entity any information regarding the activities of the Agency, except as authorized by the Agency. D. (§I104) Conflict of Interest For the duration of the Agreement, the Developer will not act as consultant or perform services of any kind for any person or entity in regard to the Project Area without the prior written consent of the Agency. E. (§1105) (Thanges in the Project Age-ncy, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additional deletions or other revisions. All such changes in the Project shall be authorized by written Change Order with a copy to the Developer. F. (§1106) Permits and Licenses The Developer shall procure all necessary permits and licenses, pay all charges and fees, and give all notices required in the performance of services under this Agreement. The Agency shall provide Developer with all necessary and appropriate assistance to help insure that the permits and licenses are obtained as expeditiously as possible. G. (§1107) Codes, Laws, Ordinances, Orders and Regulations The Developer shall keep fully informed of all existing and future laws applicable to the services to be performed under the Agreement and all existing and future ordinances, regulations, or orders of all bodies or tribunals having any jurisdiction of authority over anv aspect of the services to be performed under this Agreement. The Developer shall at all times observe and comply with such laws, ordinances, regulations or orders, and shall require all persons emploved in the performance of the services, as set forth herein, to do likewise. The Developer shall be responsible for any violation of such laws, ordinances, regulations, or orders, and shall protect and indemnify the Agency and all of its officers, employees, and agents against any claims or liability based upon the violation thereof. If the Developer performs any work contrary to such laws, regulations, or orders, it shall bear all costs required for corrections of the work. /FI&nT tAgt/IFY 14 10/17/89 H. (§1108) Trade Contracts The form of all Trade Contracts, .warded by the Developer shall first be reviewed by the Agency. L (§1109) Responsibility of Devei^ar The Developer shall be responsihe to the Agency for the acts and omissions of his agents and employees. l (§1110) Discounts Ali All documents for prompt pav--nls shall ac.ae to the Agency to the extent the Cost of he Work is paid directly ne Agency or from a fund made available by the Agency to the Developer fog a= payments. To the extent the Cost of the Work is paid with funds of the Develc3r, all cash discounts shall accrue to the Developer. AA trade discounts, rebates am refunds, and all returns from sale of surplus materials and equipment, shall be cited to the Cost of the Wont K. (§1111) Inspection by the Aeen_ The Agency and its respective a,morized representatives or agents 1 shall at all times during business hours have .---ass to and the right to observe the Work. If any of the Work is required to be it z-acted or approved by any public authority, including, without limitation, the :tv, to determine compliance with governmental requirements, the Developer, F consultation with the Agency, shall j cause such inspection or approval to be peri—:ed. The Agency shall coordinate its inspections, to the extent feasible, with reguia-.-Lspections by City building officials. L (§1112) Wages The Developer shall pay and, ir. s Trade Contracts, require the Trade Contractors to pay and cause to be paid, prev.-Ling rates of wages in accordance with Division 2, Part 7, Chapter i, Article 2 of the :.nor Code (commencing with Section 1770), for all the Work to be performia under this Agreement. M. (§1113) Emergencies In any emergency affecting the suety of persons or property, the V�n hall act, at his discretion, to prevent threatened damage, injury or loss. e in the compensation or extensici of time claimed by the Developer on mergency work shall be determir_d as provided in this Article. s OPY I5 10/17/89 N. (§1114) Care of Work The Developer shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in connection with the performance of the services hereunder and shall be responsible for the proper care and protection of all work performed. O. (§3115) Accident Prevention The Developer shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons and property, either on or off the premises, which occur as a result of its performance of services under this Agreement. The safety provisions of applicable laws will be observed and the Developer shall take or cause to be taken such additional safety and health measures as the agency may determine to be reasonably necessary. The Developer shall maintain an accurate reccrd of all cases of death, occupational disease, and injuries requiring medical attention or causing loss of time from work arising out of and in the course of employment on work under this Agreement. The Developer shall promptly furnish the Agency with reports concerning these matters. P. (§1116) Access to Books, Documents. Papers and Records The Agency or its duly authorized representatives shall have access to any books, documents, papers and records of the Developer, which are pertinent to this contractual effort for the purposes of making audits, examinations, excerpts and transcriptions. Q. (§1117) Notices Notices to the parties, unless other-wise requested in writing, shall be sent to the Agency at 3200 East Tahquitz McCallum Way, Palm Springs, California 92262 and to the Developer at 67625 East Palm Canyon Drive, Caihedral City, California 922U. R. (§1118) No Assignment This Agreement shall not be assignable by Developer by operation of law or otherwise without the prior written consent of the Agency. S. (§I119) Agency Approval This Agreement is subject to the approval of the Agency, and may not be modified or amended without the consent of the Executive Director of the Agency. Said consent shall not be unreasonably withheld. P/Fl&nThASt/TPY 16 10l17/s9 IN WITNESS WHEREOF, the Agency and the Developer have executed this Agreement as of the date first hereinabove set forth. DATED: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS. a.Secretary By Chairman AP �nl AS TO / i y/ �t/l✓ e Y*11 ty Attorney Secretary Date ;;z'I ()cln "AGENCY" DATED: JOHN WESSMAN, dba WESSMAN DEVELOPMENT COMPANY B "DEVELOPER" W. 31E PSP/PLaThAge/IPY 17 10/17/89 swlN W•1•N N1N ,..Inf IMY,,,.. Na,YYw• { MUM\\\WM\,MiWi 1y\q ;-- N4OYJ,IVWM1Y. .•Y1/LNYI• � •. f �r�lu u¢WI • �• �1 Iwu•Gw IITN•INlWu4 �?�,. NIGY•MII/IIU MY, NIIL.Y•1//II.,N,[I -- III....n11.11.,..11 Outs HISSU ..1�• I � I f , .J.11 �..t • Al1 ��y''��+' �N::•'r_�:is}: :� ?��'I W r1 .. -- . .. •I u. 1 I 1 IS!��11 I .t 1 � u :.�• _.T�..T rr' r I'• �— IA:' I,�:'�,'.} t{" �! ; "* }�Ij. G�I ;.': `, _, li, �•• ; I.1 1�� 'ti (1 ..f:. [ 1 ..�� K 9:TLifS],Q� � ...L1„I� k �1 �� I l_:.. -J:�lii ...- ..:.. _ �f l' •Ll:v[�Ia.�_ u�u�l.:' i ,,aUlllllll.�.:���.�., 1 � ' ! ;. ,. ) I . `� 1 I � II •. I i ;ii;i• r";It'11.;��'• ' _-- 1 �1� .`1, \ I N,IY.MI /IIM YYI 1 /IIIY.YII/,NH..ull 'ILL WI,U/1 •A •. 1 ti 111111, ! llll ll. �II4 YN� �' I . .�Y• � I..:.:.:1'I IN•, ... ICI- I I �•.}1 1 � .. .,. ` • , . y I i .. 1 .� l.• .la i -1_ rrr_�� .- _ M.III II I \` r11��. . I '1, ..��..V f 7• � 1 �I . 114•: !I' hI}(� ii•,i:•�lu'�u•�iijll= �I - ' .�.1'1�� •� 1 I il.::^.. (■Iq -� I�:a' � L'.'�','*..... Y��� I �1�A,�� .��II' I � .. .. `'�• ���•. -J� ■4 L: 4 _� 1 ' .I[Jf., lulu 11 I ......... ._............ •.•......._....... ........... y ll(C,.1 .� �U�Fl�( u n.Yun I , �. . ltl ) IW)1111111M11 lIAN 1...1 S • ATTACFtltm M0. 2 DEYELOPEIt'S EXCLUSIONS TO MAXIMUN COST OF THE WORK I. Excludes plan check fee, building permits, development tax, and any and all fees or assessments of governments and utility companies. Z_ Excludes all costs for plan corrections or modifications by owners, or arcnitects, or any governing agency. :. Excludes all responsibility for asbestos removal or control . :ue to 'ack of soffits and furred areas, fire sprinkler service system nll oe exposed piping with exception of auditorium caiiino. _ . .'.VAC cost is based on the assumption that the existing system is in 'ull operation prior to start of construction. ;11 seating shall be removed by owner prior to start of construction. 7 =xcluaes "Gacodeck Synthetic Rubber Coating Systems" and indicated in Section 09900 - Pace 5. E. Jwner shall pay for construction electrical and water costs (services now are active) . 9. the existing electrical service is inadequate to allow for the new addition and meet code requirements. With the cooperation of the City and Edison Company we can have the system operative for a short period of time. (This is included in our base cost. ) We recommend the installa- tion of a new 800 AMP main panel to replace existing, and one (1) 100 AMP sub-panel for new additions. Our quote for this work is $20,000.00 in addition to our total quote. These panels require four weeks for delivery to the job site. 10. Excludes painting of graphics and detailed trim that exists. 11. Telephone system included is an alternate to system specified. 12. Fire sprinkler system is quoted as connected to main supply line located in Plaza de las Flores if approved by Fire Marshal and owner. 13. Excludes labor and performance bonds, and insurance in excess of one million dollar liability. 14. Excludes draperies, and drapery hardware, projection screens, projection equipment and sound system. 15. Excludes any overtime charges. ATTACMW n0. 2 DEVELOPER'S EXCLUSIONS TO MAXIMUM COST OF THE WORK 1. Excludes plan check fee, building permits, development tax, and any and all fees or assessments of governments and utility companies. 2. Excludes all costs for plan corrections or modifications by owners, or architects, or any governing agency. 3. Excludes all responsibility for asbestos removal or control . 4. Due to lack of soffits and furred areas, fire sprinkler service system ,mill be exeosea piping with exception of auditorium ceiling. E. HUAC cost is based on the assumption that the existing system is in full operation prior to start of construction. 6. All seatino shall be removed by owner prior to start of construction. 7. Excludes "Gacodeck Synthetic Rubber Coating Systems" and indicated in Section 09900 - Page 5. 8. Owner shall pay for construction electrical and water costs (services now are active) . 9. The existing electrical service is inadequate to allow for the new addition and meet code requirements. With the cooperation of the City and Edison Company we can have the system operative for a short period of time. (This is included in our base cost. ) We recommend the installa- tion of a new 800 AMP main panel to replace existing, and one (1) 100 AMP sub-panel for new additions. Our quote for this work is $20,000.00 in addition to our total quote. These panels require four weeks for delivery to the job site. 10. Excludes painting of graphics and detailed trim that exists. 11. Telephone system included is an alternate to system specified. 12. Fire sprinkler system is quoted as connected to main supply line located in Plaza de las Flores if approved by Fire Marshal and owner. 13. Excludes labor and performance bonds, and insurance in excess of one million dollar liability. 14. Excludes draperies, and drapery hardware, projection screens, projection equipment and sound system. 15. Excludes any overtime charges. r ATTAC}Otm NO. 2 DEYELOPEIt'S EXCLUSIONS TO MAXIMM COST OF THE WORK 1. Excludes plan check fee, building permits, development tax, and any and all fees or assessments of governments and utility companies. 2. Excludes all costs for plan corrections or modifications by owners, or architects, or any governing agency. 3. Excludes all responsibility for asbestos removal or control . 4. Due to lack of soffits and furred areas, fire sorinkler service system will be excosec piping with exceotion of auditorium ceiling. S. HVAC cost is based on the assumption that the existing system is in full operation prior to start of construction. 6. All seatina shall be removed by owner prior to start of construction. 7. Excludes "Gacodeck Synthetic Rubber Coating Systems" and indicated in Section 09900 - Page S. S. Owner shall pay for construction electrical and water costs (services now are active) . 9. The existing electrical service is inadequate to allow for the new addition and meet code requirements. With the cooperation of the City and Edison Company we can have the system operative for a short period of time. (This is included in our base cost. ) We recommend the installa- tion of a new 800 AMP main panel to replace existing, and one (1) 100 AMP sub-panel for new additions. Our quote for this work is $20,000.00 in addition to our total quote. These panels require four weeks for delivery to the job site. 10. Excludes painting of graphics and detailed trim that exists. 11. Telephone system included is an alternate to system specified. 12. Fire sprinkler system is quoted as connected to main supply line located in Plaza de las Flores if approved by Fire Marshal and owner. 13. Excludes labor and performance bonds, and insurance in excess of one million dollar liability. 14. Excludes draperies, and drapery hardware, projection screens, projection equipment and sound system. 15. Excludes any overtime charges.