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HomeMy WebLinkAboutBelaire-West Landscape, Inc. - 2001-10-150 �'J 2 +� City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE -LISTED HEREON FROM: David Verone DATE: February 5, 2003 SUBJECT: Retention Release Payment Company Name: Belaire-West Landscape Inc. Address: P.O. Box 6270 City, State and Zip Code: Buena Park CA 90622 Phone Number: (714) 523-9200 Business License Number: A 222736 Local Address: Same as above Notice of Completion Date:11/13/02 Contract Purpose: Release of Retention Funds The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the 0 �� '/V� s at this time. Date Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on file. 2'1J-07 Date denrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. zo Date Connie rockwav, Citv/Jerk Retention Release Memo 2/5/2003 9:39 AM Recorded in Official RecorL .;ounty of Orange Tom Daly, Clerk -Recorder WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert Martinez P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 1111111 IIIII IIIII IIIII IIIII IIIII 11111 IIIII IIIII IIIII IIIII IIIII IIIII NO FE E 2003000298315 09:54am 03/20/03 119 91 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the -contract heretofore awarded to oeiaire-West Landscape Inc. who was the company thereon for doing the following work to -wit: WARNER AVENUE MEDIAN IMPROVEMENTS, CC-1051 This project includes : Median improvements from Edwards Street to Rotterdam Lane. That said work was completed May 17, 2002 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on May 17, 2002, per City Council Resolution No. 2002-10 adopted February 19, 20,02. That upon said contract Merchants Bonding Company was surety for the bond given by the said company as required by law. 1 This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this February 18, 2003. t Director df Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this February 18, 2003. Director of Public Works or City Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert Martinez P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 FEB-18-2003 11:25A FROM SELAIRE WEST LND 714 523 9201 T0:3741573 P:2-13 UY of f:un&rgton Beach Depzmm t of Public Works Pcs; Ofcc Bcx 190 Huntiagtoa Reach, CA 92649 Subject Certifcaden of Ccm;haace with Tide VII dtha MYU Rights A-.c and Equal Employrnait Opportunity Act of 1972 J 'nc undarugued, cant. -actor on �- C - 05 / wz-aAI&2 Project No. TWIa hereby a:rdil es that all labours, ns vIm-les, appmendem, t-sines, ltialchrr.:z and guards cmploy.d by �i or by any rabcantmetor performing work'urrdcr the certract on the project have been paid I at rates tact Pass th= these required by the c=trxt proviaians, surd that the work pc fo by each sue% laborer, mcchanic, apprcnvi yr miz:c ca .Tb zad to Re 6isifir :Ecns se: fcr•!1 �. ti:e cer:tract or trabing program provirans applicable to the ng rate paid nature acid Title .� ED�x- b�cAr - u�e,�r LAaDS�P� TOTAL P.03 • FES-41B-2203 11:225A FROMBELRIRE WEST LND 714 523 9201 T0:3741573 P:3/3 E ARATtO�I QF SATISFAM N F ELAIM$ 1. i am L%: gencrai ccnlanc:or for &,c Ciry cfHcndr.Szon Beach, as to the project mote fully dcstrib:d in the public works Contract Witled &gaL j �. All %rorXLrs ai:d pCr3CTi3 e:np o}'C,�, es ....,. �.rrlt�..a T _,,...�13, and ail S�1;6:,i:,73..C:7 for t abcvc .mer-bared project have born paid i•t frill. 3. T;: f;&wkz im e3czc. dispuld clai, =, o: he= in c maection ui:l, Nc�= to Withhold, which have b=-,t E1cd ur der the provisions of 6: statutct of Lhe State of California. (fncn=, state "L WONT) f d•-cla;-- andcr renal:y cf perjury that the farrsoLig is true and ear,r-m lrxec:ited at L& C eA an this _ 1� - day of 7nf) 11"Odature of Cantmemr) RECEIVED BY: (Name) 04 (Date) CITY CLERK RECEIPT COPY- � ,-` Return DUPLICATE to �% C. after signingidating �q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: C—,j A T N DATE: SUBJECT: Bond Acceptance I have received the bonds for - I; ej a i �re t (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. G "o �o-rj Re: Tract No. CC No. I DS I MSC No. Approved lb (Council Approval Date) CAC v sus Agenda Item No. City Clerk Vault No. jr.IL-j g1jah/bondlettendoc ISSUED IN DUPLICATE Merchants Bonding Company 2100 FLEUR DRIVE • DES MOINES, IOWA 50321-1158 MAINTENANCE BOND CA2405s Bond Na. KNOW ALL PERSONS BY THESE PRESENTS: PREMILM NIL That BELAIRE41EST LANDSCAPE, INC. of as Principal, and the MERCHANTS BONDING COMPANY (MUTUAL) of Des Moines, Iowa as Surety, are held and firmly bound unto the In the penal sum of 4Fil� HiJNDt2EL1_'I4�ENTY EIX THOU,SP—J-ND/100 _ 0_225,QW.QQ* ) DOLLARS. -lawful money of the United States of America. for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns. Jointly and severalty, firmly by these presents. Signed and delivered thls23M____ day of DMMBER - _ _21QQ2_ WHEREAS, the Principal entered into a certain contract, dated the � day of SE .BES 2002 , with the CITY OF HUNTING CN BEACH ' to furnish all the material aid labor necessary for the construction of WARNER AVMM. MEDIAN LANDSCAPE, OCJNSTRUCTICN CONTRACT CC-1651 In conformity, with certain specifcatlons; and WHEREAS, a further condition of said contract Is that the Principal should furnish a bond of Indemnity, guaranteeing to remedy any defects In workmanship or materials that may develop in said worts within a period of jaC years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and If not accepted wilt be automatically accepted upon the fling of this maintenance bond; and WHEREAS, the MERCHANTS BONDING COMPANY (MUTUAL) of Des Moines, Iowa for valuable considerat.on, has agreed to join with said Principal In such bond or guarantee. Indemnifying said obligee as aforesald; NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION 1S SUCH, that If the said principal does and shall, at the Pdnclpars own cost and expense. remedy any and all defects that may develop In said work, within the period of _1__ years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep ail work In continuous good >i epalr during said period, and shall In all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void;_otberwl!T, fir; remain In full force and virtue In law. 4-1 BELAIRE-%'EST L&NDSCAP£, INC. �,.. - CiT�' A�S.a�� �,:;z Prin s . -put• Clt- AttornQg .DEC 2 6 2002 tLIERCHA TS BOND G CO (&1VrUAQ F�- cort a.s is'n ,~ KELLY IANN 6AITMANt ATPORNrY-IN-FACT CALIFORNIA ALL-PURPOSE ACK' LEDGEMENT � State of California 5S. County of San Bernardino On /Z 3�G before me, Janet L. Miller Notary Public Name and P's of Officer (e.g.. 'Jane Doe. Notary Pubtic') Personally appeared hel)v Ann Saitman . Narne(s) of Signers) JANET L. fdiI01L LER Coramis3i0n 311028 - Notary Public. Califomin Can E'ar i"Ino County My Comm. Expl= Jul 20, 2005 0 personally known to me ' x proved to me on the basis of satisfactory evidence to be the persoq(5) whose nameXislK subscribed to the within instrument and acknowledged to me that�4shehh< executed the same InP8lherltlyetr authorized capacity(ies`), and that by Fjielherltp r signatureKon the Instrument the person,Pf , or the entity upon behalf of which the person,(< acted. executed the instrument. WITNESS my hand and official seal. si¢.ature Noted, Putkc O OPTIONAL Though the Information below is not required ty taw. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached! Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title X 17 Partner — 0 Limited ❑ Attomey-in-Pact Trustee Guardian or Conservator Other: Signer Is Representing: General Merchants Bonding Company (M,.tuai) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the Gty of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and opcoant Jay Paul Freeman, Kelly Ann Saltman, Janet Killer Of Ontario and State of Califomia its true and lawful Attomey-in-Fact, with full power and authority hereby conferred in Its name, place and stead, to sign, execute, admowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. TWO MILLIO)y FIVE HUNDRED THOUSAND (S2.500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Powe•-of-Attomey is made and executed pursuant to and by authority of the foilomng Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992 ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on beha f of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof ARTICLE 11. SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof a.itnonzing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such s,gna'ure and seal when so used shall have the same force and effect as tnough manually fixed In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has cause tnese presents to be signed by its President and its corporate seal to be hereto affixed, this 24th day of July , 200q qi1f. 'A ;�o.oRPoq .y•: z:— :3• •a• 1933 •e• •y STATE OF IOWA COUNTY OF POLK as NERCHANTS BONDING COMPANY (MUTUAL) President On tnis 24th day of July 1 2000 before me appeared Lary Taylor, to me personally known, who being by me duly sworn did say that he is President of tt.: MERCHANTS BONDING COMPANY (MUTUAL). the corperation described in the foregoing instrument, and that the Seal affixed tc me sa-c instrument is the Corporte Seal of the said Corporation and that the said instrument was signed and sealed .n behalf of sa -- Ccrraration by authority of its Board of Directcrs In Testimony Whereof. I have hereunto set my hand and affixed my Official Seal a' -.-s Ciy of Des Moines. Iowa, the day and year fir' above written STATE OF IOWA COUNTY OF POLK ss •••� K' Mcc( ••: IOWA 's • y O�''•....... '• 4RrA� I ac� ' 4 Acail -t Notary Pi.clrc oo►k County lo-sa 1. William Warne, Jr. Secretary of the MERCHANTS BONDING COMPANY (MUTUa_t, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERC-LINTS BONDING COMPANY (h1UTUAL) which •s still in force and effect In Witness Whereof, I have nersunto set my hand and affixed the seal of ne Coma .y cn this 23RD day of DECEMBER , 2002.. O`�kC CO • Gs 4 is 1933 C1r. MSC 0814 MR) Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange before me, Jul i Davenport _ Ca7s ft" ana Too of Oft- w (a %. ism oft. Notary Pu1KI personally appeared Sian Strui ksma _ • -- •Nwwsl e1 59WIl a1JU 114VEMP RT Ca'x "Oon 013714M omn" Cou*+fG y *C 11Mr-;'NAup23,200s X7 personally known to me u proved to me on 11he basis of satisfactory evidence to be the perso54 whose namA isfarts subscribed to the within Instrument and acknowledged to me that,Ke/she/tpdy executed the same in ty6her/thefl` authorized capacity(jd1, and that by Kslher/thrrr signatureKon the instrument the person�W, or the entity upon behalf of which the person acted, executed the instrument. WIT SS my handze7d official seat. 5VWW9 01 PQC" Ptw OPTIONAL Tl'a.;n the information 6e.ow is not required by law. it may prove valuab:e to persons retying on the document and coed prevent lraudulert removal and reattachment of this lomm to another document. Description t:` •__ �__..___. Tit!e or Type of E Document Date: Signer(s) Other' Capacity(ies) Claimed by Signer Signer's Name: . Jan Stru i ksnta C Individual X Corporate Officer —Title(s): President 4 Partner — ❑ Limited i7 General C Attomey-in-Fact C Trustee C Guardian or Conservator C Other: Signer Is Representing: RPI ai rp-WeSt I anrfSrapp, Tnr . p 19" Nob" tieary A&W[ 4h n • 93S0 Ca Scv a,e . PO. Bag 2a02 - Chm.". CA 911+12a01 • w..lvasralrolary ag Pros No. 5907 Awtw Cas Tos-frae 1 J *47, "W RECEIVED BY: is It 51bC�a�� (Name) A14r, (Date) ' is CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes (ext. 5260) after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim}�S�lobojan, Deputy City Treasurer FROM: I DATE: O t- of -aZ SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. ;"Yp°Aor'l1 %✓41D ooa Re: Tract No. CC No. 10 5 MSC No. Approved (Council Approval Date) (Company Name) C-Ac 40501 Agenda Item No. City Clerk Vault No 11 g1jah/bondletter.doc V �, n& CITY OF HUNTINGTON BEACH e&V 2000 MAIN STREET _. CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERIC LETTER OF TRANSMITTAL OF ITFNI APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: February 6, 2002 TO: Belaire-West Landscape, Inc. Name P.O. Box 627_Q Street Buena Park, CA 90622 City, State, Zip ATTENTION: ,Tan 5trutkmsa DEPARTNTENT: REGARDING: Construction Contract See Attached Action Agenda Item a-14 Date of Approval 10/15/01 Enclosed For Your Records Is An F-xecuted Copy Of The Above Referenced Agenda Item Remarks: Connic Brock%Nay City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: R. Beardsley DPW x x x bonds Name Department RCA Avaemera Wurartce other D. Verong DPW x x x bonds Name Department RCA AV..= Gssarance Other S. Freidenrich Treas x bonds Dame Department RCA A Insurance Other Tame Department RCA Ageement Insurance Other C. Mendoza Risk Mgmt x x Name Department RCA Insurance Mlaphane: 714-536-5227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BELAIRE-WEST LANDSCAPE, INC. FOR WARNER AVENUE MEDIAN LANDSCAPE PROJECT (CC-1051) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGESIDELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15_ WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BELAIRE-WEST LANDSCAPE, INC. FOR WARNER AVENUE MEDIAN LANDSCAPE PROJECT (CC-1051) 15Y4 0LTo'6FP, THIS AGREEMENT, made and entered into this day of Deer. r!-er 20 01 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Belaire-West Landscape, Inc., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Warner Avenue median landscape project (CC-1051) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 01 agree/belaire111R&'01 shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheets). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition including 2001 supplement of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern 0lagree:'belalre111128l01 2 California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to B;dders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR. then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Hundred Twenty Six Thousand Dollars ($226,000.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 01 agreerbelaire/1128/01 3 M within sixty (60) consecutive days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors. subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shalt adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 01 agree/betaire/l I W01 4 LIE When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. 01 agree.'belairell 1/28101 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It. is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is net in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Four Hundred Dollars ($400.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages 01 agreelbelaireli 1 /2a101 6 M herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 01 agreelbelairell M&'01 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the laid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in 01agreelbelaire11112&01 8 k1oI I price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW. faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 01 agreelbelaire111128101 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 01agree/belairell1281Q1 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of Section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting Within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 01 agreelbelairell 1=101 I 1 applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's. insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -Insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 01agreelbelairell V28101 12 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder. or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemment Code sections 1090 et seq. olagree/belairell 112&'01 13 k./ 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 01agreelbelaire111128101 14 Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. BELAIRE-WEST LANDSCAPE, INC By: /,an Struikmsa, President AND Sharon A. Craves print name ITS: (circle one) ecreta hief Financial Officer/Asst. Secretary -Treasurer APPROVED AS TO FORP/I: City Attorney z I ✓U INITIATET70VED: j(- -L b In Director of Publi ork CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California REVIEWED AND APPROVED: O?e= .r0,%4-t City Ad Inistrator Mayor ATTEST - City Clerk 02-0 —oa 01 agree/belaire/11 /28/01 15 WE �W) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On Jal OI ,beforeme, E. Veronica Carrillo, Notary Public , Die Warne end TWe of OffKw (e.q.,'Jene Doe, Nm" Puo.K) personally appeared _. Jan 5.r1li ksma , west a sgner(s) U. -,':,'!!CA CA£":110 C0:r.- ]'1-t:On 0 tI�2z7,2)79� nLL2K' ttiVlo:yl PuS•.`c-Ca"fcmIa Oran, County KI personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person/ whose name/) Is1a/e subscribed to the within instrument and acknowledged to me that h/shelthhy executed the same In hjlherltfy4-ir authorized capacity(! and that by. h/merlt rr signature(on the instrument the personor the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. Place NoWy seal Above synen.e of Nowy PL&c OPTIONAL Though the information below Is not required by law, R may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Title or Type of Document: _ Document Date: I a /a1 'o I Number of Pages: l ___5 Signer(s) Other Than Named Above: ENrc-n Cn1- LdCS Capacity(ies) Claimed by Signer Signer's Name: Jan Strui ksma ttH,10615e, _,i ❑ Individual ' v Top of thurc ne.s 1Z Corporate Officer—Title(s): President ❑ Partner—❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing; Bel a i re -West Landscape, Inc. 0 19G7 Nstlonsl Nary Anocktlon • 9350 0e Solo Ave.. P.O. Box 2402 - Chetswonh. CA 91313.2&02 Prod. No. 5907 Reader. GI Tdl-Fne 14XX4715-M? OR �,ee) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange_ On ! O 1 , before me, E. Veronica Carrillo_ Notary Publ ic It pale Name and IMe of Otf"r {e q..'Jane Doe, Nppry Puarcry personally appeared _ $.heron Sraves Nan-m of SgMrys1 I' '� . • �,. .. sec ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person/ whose namg(s) isle subscribed to the within Instrument and acknowledged tome that 4 h Itl?4y executed the same in P(slher/ti r authorize capacity(i), and that by b S,/herIt it signature (�on the instrument the person , o the entity upon behalf of which the persor}( acted, executed the instrument. WITNES my hand and official seal. Pt m Notary Seal Above Sgnab" of Notary Public OPTIONAL Though the lnformaYon below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: Document Date: mw) Number of Pages: Signer(s) Other Than Named Above: .JaA c YI t xsIq-t Capacity(les) Claimed by SIgner Signer's Name: 0 ❑ Individual 9 Top a mum Pr" Corperate Officer — Tit1e(s): r"' �-i -` Partner -- ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . ram' L44.0" SCec�u, � C 0 1997 National Notary Assodation • 9"M pe Soto Ave.. PO. Box 2402 • CheMW*%. CA 21313-2402 Prod. No. 5907 Reorder. Cat Tolt-Fne 1-804E75-MT PROJECT BID SCHEDULE tern Estimatedt-emy5th unit puce Extended No. Quantity I written in words Unit Price Amount 1 Construct Landscape Medians Edwards St to Beach Blvd. 1 a 1 Constnxt Landscape Mc an (17 lump sum n l/i"�-OL��� a Dollars y�SA� `�O $ LS 0 Cents Per lump sum . lb 1 lump sum . Construct Landsc pf Median (U) r -___ !_4-T_Ct!r1 %]4owsoIy,-�,f_ _Dollars s l5 Cents Per lump sum 1 e 1 Construct -Landscape �4edi (V) i�u?'y' 7yG lump sum t' 14K /�QDollars S?SOX. a 2rarv"' Cents Per lump sum 1d 1 lump sum Construct Landscape Median (X) �u^; J�C�7 �4f-11SOX GV Dollars sIL�O� S 1d0W'� D /! Cent Per lump sum Ile 1 Construct Landscape Median (Y) lump sum n %(,d{'lVe-, Dollars S1,910CJ-00 S ,aaoD•C! Cents Per lump sum 1 f 1 Construct Landscape Median (Z) lump sum r aVt', 7�J-&A scan c!1 Dollars S IVOW.vo S jRZW fo Cents Per lump sum lg 1 Construct Landscape Median (AA) lump sum Dollars S/5-0w •QU S /Swa .0 Cents Per lump sum 1 h l Construct Landscape Median (AD) lump sum C Dollars S slzrazob Cents Per lump sum i i l Construct Landscape Median (AF) to lump sum Q Dollars S c+� S Cents Per lump stun IBIT A C-ls PROJECT BID SCHEDULE Item Estimate Item with unit price Extended No. Quantity written in words Unit Price Amount 1J 1 lump sum Construct Landscape Median (AG) � S s a-, Dollars Of S le ��•� S �� °p Pcr lump sum 1 k 1 lump sum Construct Landscape Median (AH) (5- Dollars S S 052)0 ) Cents Per lump sum 11 1 Construct Landscape Median (Al) Y SCi�C� Cl �fuh S G700,0 ic740. oa lump sum r ]�C7`11d1f Dollars S Ccnts Per lump sum I m 1 lump sum Construct Landscape Median M) y)}ef f/1 - �Ml se"Nd Dollars S /CZrZ4• S tt3-CC046 6 J! 00 Cents f&ODD.VD f(oOL� cc Per lump sum 2 Construct Landscape Medians Beach Blvd. to Rotterdam St. 22 1 Construct Landscape Median (AK) lump sum a _ Tj tk1uCi—1k6U5C1lla5�7 Dollars S4o,O -"0 Dd Aw Cents Per lump sum 2b I Construct Landscape Median (AL). Including Controller "C" and Wire Connection from Controller to Valves in Medians lump sum AK and AC.�,`r,, nuIV � T �u'�"~ Afl `ff DoIlars O 4 ho U Cents Per lump sum TOTAL IN FIGURES: $ ao'?CO D00 . D v TOTAL 1N WORDS: 5 7FtJ [7 'MLV7(fre4 7376usa,4d a& 6L 410 C<.--7 6 . G2s If awarded the Contrac- '-e undersigned agrees that in the evr -if f the BIDDER'S default in executing the required cat tract and filing the necessary bonds z6 insurance certificates -vithin 14 working days after the date of the AGENCY'S notice of award of contract to the BIDDER. the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid. find 'Bidder's 1; r d the amount of S_1 n Pprrpnt which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash". "Certified Check", or "Bidder's Bord", as the case may be). Bidder shall signify receipt of all Addenda here, if any: AddendaNo. Date Received Bidder's Signature 18110fol Mir -New, V v re C-z S. PROJECT BID SCHEDUL7) tem Estimated itwit unit price xten e No. No. Quantity written in words Unit Price Amount ADDITIVE BID ITEMS A I Construct Landscape Median (AM) ral. �WG{UC-f' SLf��� Dollars 5 /aL%D• fo ip S /zopa. lump sum Cents Per 'lump sum ' B I lump sum Construct Landscape Median (AN) G MMI:54neL Dollars S 7�•�D� � S 7a�. Cents Per lump sum C 1 lump sum Construct scape Median (AO) Pa. T;W 1 �� 9t�+ Dollars S 90 •� z S �� o Cents Per lump sum D I lump sum Construct Landscape Median (AP) a M f 4 L lrn uSair c� Dollars 9Ov0 �1 D Cents Per lump sum E 1 lump sum Construct Landscape Median (AQ) ru; I*%C�/-7b 4- _ Dollars vb O v , S Cents Per lump sum F I lump Construct 1,jindscape Median (AR) I !a'�SG� Qa sum T'. Dollars Cents Per lump sum G 1 Removal of AC Street Paving and Base Material Under Under Pavement in Planting Pits for Trees. Provide a Unit Cost Based on a 6' x 6' Area to Remove a Street Section. Dispose of Otisite. Replace with Class W Topsoil. and and Compact. Prior to the Final Planting Process. Unit Cost Shall be PereachW xx 6" Area. "� ✓��u l 00 lump sum a r`� Dollars $- S Cents ''T V903 7 co Per lump sum H 1 Replace Existing Spr-inklcrs on Risers with Rainbird IS 12•SAM.PRS, Four Street Ell's and Sch. 80 Nipples per City Standard 7O5, 1 Of 2. 771 QU Se-1 It lump sum n Lit, Cl—Dollars Cents Per lump sum C-3s PROJECT BID SCHEDULE rtem Estimated � iem wit, it unit price Extended No. I Quantity written in words �l Unit Price I Amount ADDITIVE "A" TOTAL IN FIGURES: $ ADDITIVE "A" TOTAL IN WORDS: $ ADDITIVE "B" TOTAL IN FIGURES: $ ADDITIVE "B" TOTAL IN WORDS: $ ADDITIVE "C" TOTAL IN FIGURES: $ ADDITIVE "C' TOTAL IN WORDS: $ ADDITIVE "D" TOTAL IN FIGURES: $ ADDITIVE "D" TOTAL IN WORDS: $ ADDITIVE "E" TOTAL IN FIGURES: S ADDITIVE "E" TOTAL IN WORDS: $ ADDITIVE "F" TOTAL IN FIGURES: S ADDITIVE "F" TOTAL IN WORDS: $ ADDITIVE "G" TOTAL IN FIGURES: $ ADDITIVE "G" TOTAL IN WORDS: $ ADDITIVE "H" TOTAL IN FIGURES: g ADDITIVE "H" TOTAL IN WORDS: $ C 4s LIST OF SUBCON TRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of work Name and Address of Subcontractor State License Number Class By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 k-)NONCOLLUSION AFFIDAV i TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Jan Struiksma , being first duly sworn, deposes and says that he or she is President Of tithe party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company; association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true. and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and mill not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Belaire-West Landscape, Inc. Name of Bidder ignature of Bidder sr� Jan Strui a 7371 Walnut AVenue, Buena Park, CA 90620 Address of Bidder Subscribed and sworn to before me this 14th day of Aug. NOTARY PUBLIC VJ�C E. Veronica Carrillo C-4 ;1q9' 2001 NOTARY SEAL � UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract. known as the WARNER AVENUE MEDIAN IMPROVEMENTS from EDWARDS STREET to ROTTERDAM LANE, (l)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8. California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction. is familiar u-ith the operation to be performed and the hoards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders. and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned. and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: August 14, 2001 C-5 Belajre-West„Landscap, Inc - Contractor Jan Struiksma PrpSJden t Title Dh-QUALIFICATION QUESTIO&? AIRS In accordance with Government Code Section I4310.S, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder. any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes IM No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-a COML.-NSATION INSURANCE CER.aFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been a«marded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance %%ith the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: August 14, 2001 - C-7 _ Belaire-West Landscape, IHc.- Contractor _ Jan StruWma President Title k,.,,TDERGROIJNTD SERVICE AT IT IDENTIFICATION NIM BE (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Di; Alert Identification Number: Belaire-West Landscape, Inca _ Contractor g Jan Struiksma President Title Date: August 14, 2001 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 k1.) BIDDER'S INTOR IATIO�./ BIDDER certifies that the following information is true and correct: Selaire-West Landscape, Inc. Bidder Name 7371 Wal nipt Avan►ie l Business Address Buena Park CA 90620 City, State Zip (714 ) 523-9200 Telephone Number 448636 State Contractor's License No. and Class November 1983 Original Date Issued November 2001 Expiration Date The work site was inspected by Darrell bright ofour office on 8i612001 xpggcxx The following are persons, firms, and corporations having a principal interest in this proposal: Jan Struiksma, President Sharon Graves, Secretary C-9 The undersigned is preps ' to satisfy the Council of the City of {" tington Beach of its ability, financially or otherv4rise,'tt= perform the contract for the propos t/work and improvements in accordance mith the plans and specifications set forth. 8P1RJr_P-WPst I ;qndcrape. Trr� „ Company Name of Bidder Jan Struiksma, President Printed or Typed Signature Subscribed and sworn to before me this ,Z_ day of All us +T._ ,ZM, - . _ E. VERONICA CARi2;LLO "X Commission # 1229299 Noiary Pu1c - CaGiomia Orange County Comm. Ju118.200.3 NOTARY PUBLIC . Veronica Carrillo NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1, City of San Gabriel, 425 S. Mission Dr., San Gabriel, CA 91778 Name and Address of Public Agency Name and Telephone No. of Project Manager: (626) 308-2800 Douglas Benash $700,000.00 Park Renovation July 2000 Contract Amount Type of Work Date Completed 2. gtafp_nff.A,.-,2177 Oppnrtunit,y__Ro_ad. SanDiec1Q,__CA 92111 Name and Address of Public Agency Name and Telephone No. of Project Manager: (858) 467-4084 Tom Browne 2.2 Million _ Park Installation _ May 2000 Contract Amount Type of Work Date Completed I City of Beverly Bills, 455 North Rexford Drive, Beverly Hills, CA 90210 Name and Address of Public Agency Name and Telephone No. of Project Manager: (310) 285-2439 Bob Chavez -inn.nnn_nn Landscape, Irrigation _ July 1998 Contract Amount Type of Work Date Completed C-10 City of Huntington Beach Public Works Department 2000'Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For WARNER AVENUE MEDIAN LANDSCAPE PROJECT CC-1051 August 1. 2001 • Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: This addendum shall clarify the limits of the project as Warner avenue between Edwards Street to the west and Magnolia Street to the east This is to acknowledge receipt and review of Addendum Number one, dated August 1 001. Belaire-Lest Landscape, inc. Company Name By JW, E.'New, Vice President b 19of Date AN bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Chuck Davis at (714) 375-5139. r ' M :RGg'iANTS(�B Obi DIpNG APPROVE] BY Am---R:rAH th , ,c0.^A50H11T A;A D0CUM_ti'r AJl o F SRUARY 1970 E_. 9110 CAMINO DEL RIO SOUTH. SUITZ 111, SAN DIEGO, CA 921CS "Bia Bond KNOW ALL MEN BY THESE PRESENTS, the we BELAIRS—TIEST LANDSCAPE, INC. as Principal, hereinaner called the Principal, and I'rFRC>;IA= BONDING COMPANY ( MUTUAL ) a corporation duty organized under the laws of the State of IMA as 5urety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTING W BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCftT OF AMOUNT BID Doiiars (: ZO$ OF BID* for the payment of which sum'well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, viccessors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principz' has submitted a bid for WAR,NM AVENUE MAN IMPROVEMENTS FROM ELWARDS STREET TO MAGNOLIA AVENIM NOW THT?,:=ORE, if the Obligee shall accea: the bid of the Principal and the Principal shall enter into a Contract with tie & iijee in actor -dance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contra" and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Co:=a:, and give su-h bond or bonds, If the Principal shall pay to the Obligee thedifference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obl)gee na fig good faith contract with another party to perform the Work covered by said bid,thenthis obligation shall be null and vold,. ou arwise to remain in full force and effect:. Signed and seated this I3TH day of AUGUAST W 2001 BELA v'EST LANqSME, INC. (Prinopal) (Seat) Jan Struiksma, President • tiirl'e) MERCHANTS BONDING COMPANY (M=AL) ' (Surety � / J (5eafj , (tNitnstJ = ` (rule JA.VET LLER, ATITORNEY—IN-•FACT r STATE OF CALIFORNIA SS. COUNTY OF SARI BERNARDINO On AUGUST 13, 2001 before me, KELLY A. SAITMAN, NOTARY PUBLIC PERSONALLY APPEARED JANET MILLER personally known to me (er7roved asi"f saWactopt4videnae)-to be the person(s) whose name(s) Islam subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in -kisfher4heir authorized capacity(ies), and that by-hislher*iek signature(a) on the instrument the personN, or the entity upon behalf of which the person(!}acted, executed the instrument. WITNN'ESS my hand and official seal. l Signature OPTIONAL KFUY A. SAIWA.4 _ Comm-ss:on # 1185473 Newry Public - Cal:fomio T San Becx crno Count' P y von . Exr7 es Jun 27.2= This area for Oftial Notarial Seal Thoughthedatabelowisnotrequiredbylaw.itmayprovevaluabletopersonsre lyingonthedocumentand could preventfraudule ntreattachmentofthisf orm. CAPACITY CLAIMED BY SIGNER DINDIVIDUAL DCORPORATEOFFICER ❑PARTNI~R(S) DMITED DGENERAL I -ATTORNEY -IN -FACT ❑TRUSTEE(S) OGUARDIAMCONSER VATOR DOTHER: SIGNERISREPRESENMNG- NAMa EOFF ERSON(S)ORENTI OES) DESCRIPTION OF ATTACHED DOCUMENT TITLEOFTYPEO FDOCUMENT NUMBEROFPAGES DATEOFDOCUMENT SIGNER(S)OTHERTHANNAMEDAB OVE EI '�saI3] ALL-PURPOSE ACKNOWLEDGEMENT Mei t,nants Bonding Comp.,,iy (Mutual) POWER OF ATTORN EY Krow All Persons By These Presents, that the MERCHANTS BONDING CO-14PANY (MUTUAL). a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk. State of Iowa, hash made, constituted and appointed, and does by these presents make, constitute and appoint Jay Paul Freeman, Kelly Ann Salzman, Janet blil)er . of Ontario . and State of - California Its true and lawful Attomey-in-Fact, with full power and authority hereby conferred In its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations In the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLTO\ FIFE HUNDRED THOUSAND (S2,500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPXNY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL). and an the acts of said Attorney -In -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey Is made and executed pursuant to and by authority of the following Amended Substituted and Restated By. Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (%IUTUAL) on October 3.1992. ARTICLE 11, SECTION 8 -The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof. ARTICLE 11. SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attcmey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof. MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto of xed. this 24th day of July , 2000 - •• G COS,'•. :Pa��POy • °q• :a' 1933 : e" c . d,,•.., , •••tea STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) BY 7 7� President On ttris 24th day of July 2000 • before me appeared Larry Taylor, to me persona:ly known. who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL). the corporation described in the foregoing instrument. and that the Seal affixed to the said instrument is the Corporate Seat of the said Corporation and that the said instrument was signed and sealed In behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof. I have hereunto set my hand and affixed my Official Seat at the City of Des Moines. Iowa, the day and year first wave written. Ca - NWary Public. PON County. Iowit STATE OF IOWA COUNTY OF POLK ss. 1. V.Nliam Warner. Jr., Secretary of the kERCHANTS BONDING COMPANY (MUTUALI. do hereby cenity that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL). which is will in force and effeel. In Wdress Whereof. I have hereunto se: my hand and affixed the seal of the Company on this 13TH day of AUGUST 2001•.•.•G •.•\1� Co*-*.� 0(�P0q • y • : y 1933 :•c: i•tiCCBII IL9:T • a�6 ,�(�• Secretary UG/rW . 7% ACORG. CERTIFICh;-rE OF LIABILITY INSU` ONCE DATE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Driver-Averbeck Company rC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3270 Inland Blvd ##100 Empire HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR p - `A ���'� ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ontario, CA 91764 b r_ 909 941-6699 Ot 4001P tVSURED Belaire-West Landscape Inc P.O. Box 6270 Buena Park, CA 90622-6270 INSURER A: We INSURER B: QB INSURER C'. INSURER D: l I I INSURER E: COVERAGES INSURERS AFFORDING COVERAGE :hester Fire Insurance Co. STI :nsurance Company STL THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMEVT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSF i TYPE OF INSURANCE POLICY NUMBER PDT Y EFFECTIVE ACE EXPIRATIONDAE I LIMrt3 A GENERALUAB'LITY GLS682460 02/13/01 02/13/02 EACH OCCURRENCE sl 000,000 X iCOMM EACIALGENERAL LIABILITY CUU615 MADE OCCUR FIRE DAMAGE (Any w4arr) IS50,000 MED EXP I" one P'fon) I S5 0 0 0 PERSONAL A AOV INJURY I S1 0 0 0000 x IB I PD De d :1 r O O R I GENERAL AGGREGATE I S 2 0 0 O 0 0 0 PRODUCTS-COMP.OPAGG I$2, 000 000 �GENI AGGREGATE LIM ITAPPLIES PER: POLICY I 1 PRO- JECT n LOC I BLP�UTOMOBILE LIABILITY 107100039730 0 2/ 13 / 01 LI ANY AJTO I 0 2/ 13 / 0 2 COMBINED SINGLE LIMIT (E..arant) 0 0 0, 0 0 0 I X ' ALL OWNED AUTOS SCHEDULED AUTOS I X HIRED AU-03 �r X I NON-OWNEO AUTOS 111$1, BODILY INJURY I s (PK P—) I BODILY II'N.IURY S «�'anry / ,-- /14 I l PROPERTY DAMAGE I S (Pfr Accidwyt) I LGARAGEUABI M 1 l %, y ANY AUTO ! g D � �AUTO ONLY -EA ACCIDENT !S OTHER THAN EA ACC I S AUTO ONLY: AGG IS EXCESS LIABILITY '• I OCCUR F"I CLMMS MADE IIF EACH OCCURRENCE s AGGREGATE s Is � Is DEDL=UE I s I RETENTION s I 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILRY WC ST S rR� i E.L. EACH ACCIDENT is E-L.DISEASE •EAEMPLOYEE s E L. DISEASE - POLICY LIMIT 1 S I OTHER I I DESCRIPTION OF OPERATIONSROCATIONSIYEHICLESIEX.-LUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Contract No. CC-1051, Warner Avenue Medians Landscape. The City of Huntington Beach, its Agents, Employees and Officers are additional insureds per form CG2010 11/85 attached. Primary wording is included per the attached. (See Attached Descriptions) ER I I City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF TH E ABOVE US SCRIS E D POLICIES BE CANCELLED BE FORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLrZDLVrFL=JIAIL �-aIl DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT AUTHORIZED ACORD25-S(7,'97)1 of 3 #77633 O ACORD CORPORATION 198 DEI�,'RiPTiONS (Continued from" Del) The cancellation clause has been amended to delete the "endeavor to" and "but failure to..." wording. * 10 Day Notice of Cancellation for Non -Payment of Premium UM,,njo Nall Fh R jta 9D Ah1S25.3(07197) 3 of 3 #77633 CG 2010 POLICY NUMBER: GLS682460 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of Huntington Beach, Its Agents, Employees and Officers 2000 Main Street Huntington Beach, CA 92648 SCHEDULE Project or Location: Re: Contract No. CC-1051, Warner Avenue Medians Landscape. (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) Is amended to Include as an Insured the person or organization shown In the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It Is agreed that such Insurance as Is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other Insurancemaintained by the additional Insured(s) shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of the operations of the named insured and only 9 such claim, loss or liability is determined to be solely the negligence or responsibility of the named Insured. CG 2010 (11/85) Copyright, Insurance Services Office, Inc., 1984 IMPORTANT C (Lkili Vv�- IN fat? If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD25-SU/97)2 of 3 ##77633 k..)TIFICATE HOLDER COPY STATE P•O• BOX 420807, SAN FRANCISCO, CA 94142-0807 �tf+t1�-1r COMPENSATION 1 INSUItANCR v-,f�11A FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE � 1p-o+ JANUARY 22, 2002 GROUP: 000046 POLICY NUMBER: 4250-2001 CERTIFICATE ID: 112 CERTIFICATE EXPIRES: 01-01-2002 01-01-2001/01-01-2002 CITY OF HU TTINGaON BEACH ATTN RISK MGMT 2000 MAIN ST HUNTINGTON BEACH CA 92648 This is to certify that we have Issued a valid Workers Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We wiff also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of Insurance may be Issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. 7 710-� K AUTHORIZED REPRESENTATWE PRESIUEPIT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2001 IS ATTACHED TO AND F'OPWS A PART OF THIS POLICY. EMPLOYER BELAIRE-WEST LANDSCAPE, INC., r. PO BOX 6270 BUENA PARK CA 90622 SCIF 10265 [EPF-Ul: CAI INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST ET- CA$D 1. Requested by: Dave Verone, Public Works Engineering 2. Date: January 28, 2002 3. Name of contractor/permittee: Befaire-West Landscape Inc. 4. Description of work to be performed: Warner Avenue medians landscape 5. Value and length of contract: 1.20 days (apprx. 7/1/02) 6. Waiver/modification request: $1 000 deductible/Gen. Liability 7. Reason for request and why it should be granted: Unable to comply with City;s zero decutible 8. Identify the risks to the City in approving this waiver/modification: Minimal Head Signature t 13D ltoZ ate: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office Is only required If Risk Management and the City Attomey's Office disagree. 1. Risk Management Approved ❑ Denied ,�dv Signature Date 2. City A��ttorney's Office Ekpproved ❑ Denied Signatufe Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services In-mirannP IndPmnifinatinnWa'Narrint IUKIf17IWIIAM 01/19/02 09:Sa M 3 243( 04 .._ ._- JwJ 1V LWL �..�•.. 3a-�i CIL'unS BOT....... Ca 10.13 r. W P002 Pa,M i of 1 Dats Arorrred: 13-12-2001 Cats Efermye: 1-1-2002 CHAPTER 181 (A:- 263 ) AN ACT t: add Seaton 995.311 to t icfi Coda of civil Prcced+:re, relating to beds. 7?.,e Aeople oftho State ofCallfor is do enact as lallowV SEMOm 2. Section 995.311 is added to the Cod-. of Civil Prvicedum, to ram: 995.3JJ. (J) No~.vO.srdndlrrg B')yaMer praWFfan of law, anyboodreglifvtie a pvb-,;- wvrkS rDf u= 1191 of L`1c PuO G-nr ar* Co djLh, Shat1 be executed by an a&nrcd surety kwLwer. A public aperW appmvtA4 t h-- band an a pubic worxs oohbursU7 rave a duly iv verify e.2t t�2 bind is bpi eremird by as afthtee smty bmror. fa) A pua.7c age ;:y rner fVINf lee duty ondrr saftlywun (a) by YC'niying the stale of m e party exeCww"„g me : ; id In ore of die foilcwhig tYaiT+: w(1) prim, ;ng a:.'= tnN m'ston Irptn tAs websit of tha Vc;ar:xr=4. *f ZMumme mif.ming Me jr sura:r b an edmlited sureh� Tnsanrr and abdch ng ti to the bond. (?j Obta;nfltg a certfca:e Rom the eflemty derrk ethic cant#rms the stlrrry is en admid Jrtsure: ( and a=Qwng it to CDC Lora. '&"t* Material om;ttad h,ar R«"* Approved: Augm:I2, 200J. F feWve: aanuary J, 2002- J!adva-� ls.ccr�.': ^.ls' ��AJ�Z53.ktrn Maim S/F-:d USi17LE:01 1026 £2S btL ONE 15311 3HItii38:WOdd d9T:t?0 2w2-22-Nur JAN-22-2002 04:16P FROM:BELAIRE WEST LND 714 523 9201 TO:3741573 P:4/5 UT media V=wAdsv ere.igoo a lokmwoo RdsmozooslvaLw�' i p I Pl--Vx $0.,p •dnaa9 aurae alp ut Mmaduro+ 1p jWM ob -4gil eajuIu owl Awdmoo OLD soil* `iindmIa-, man ,,nc, oei I pir, fu- E p I R-aa coo 0:0 .ric�li(i'niCa S.�'sF.^o °""S �'� �I� YYd,� Se:SO XOl�B1T0 SO'd PT:9T ZOOZ ST uer ZZ�S—£8b--606= � SQNOH >03983)b-2BAIda _ VkNV M 07�41,/A!, THE AMERICAN INSTITUTE Or ARCHITECTS ISSUED IN DUPLICATE.' AIA Document A312 Performance Bond Bond No. CAC4058 PREMIUM: $1,695.00 Any singular reference to Contractor, Surety, Owner or other party shall be Considered plural where applicable. CONTRACTOR (Name and Address): BELAIRE—WEST LANDSCAPE, INC. 7371 WALNUT AVE. BUENA PARK, CA 90620 OWNER (Name and Address): CITY OF HUNTINGTCN BEACH 2000 MAIN STREET HUNTINGTW BEACH, CA 92648 SURETY (Name and Principal Place of Business): MERCHANTS BONDING COMPANY (MUTUAL) 2100 FLEUP, DR. DES MOINES, IA 50321 CONTSTRUCTION CONTRACT Date: DECEMBER 31 2001 Amount: $226,000.00 Description (Narre and Location): WAPM R AVENUE MEDIANS LA—%MSCAPE, CONSTRUCTION CON'IRAC'T CC-1051 BOND Date (Not earlier flan Construction Contract Date). DECEM13ER 4, 2001 Amount: $226,000.00 Modifications to this Bond: ® None - ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY COMIPMY: BELAIRE—WEST (Corporate Seal) Company: MEEtC:EiA BONDING (Corporate Sez1) LANDSCAPE, OOMPANY { Signature: Signature: Name an Itle: Name and Title: KELLY SAITMAN, ATTORNEY —IN —FACT (Any adUitionat sIvnatures appear on page 3) (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or othe, AVERBEM COMPANY INSURANCE BROKERS party)- 3270 INLAND EMPIRE BLVD., #100 ONTARIO, CA 91764 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBEtt t954 ED. • AIA THE AWERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W„ WASHINGTON, D.C. 20DO6 A312-1984 i CON C387 (17J99) 1 The Contractor and the Surety. jointly and severally, bind themselves. their heirs. executors, administrators. succes- sors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. - 2 N the Contractor performs the Construction Contract. the Surety and the Contractor stall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there Is no Owner Default, the Suretys obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 be'ow that the Owner is corsidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss metyods of performing the Construction Contract If the Owmer, the Contractor and the Surety agree. the Contrac. tzr shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right. if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractors richt to complete the contract- Such Contractor Default shall not be declared earlier than twenty days after &,e Contractor and the Surety have received notice as provided in Subparagraph 3.1: and 3.3 The Owner has agreed to pay the Balance of the. Corrsact Price to the Surety In accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's expense . take one of the following actions 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Con- tract; or 4.2 Undertake to perform and complete the, Construc- tion Contract itself, through Its agents or through Inde- pendent contractors: or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Con- tract. arrange for a contract to be prepared for execution by tha Owner and the contractor selected with the Own- er's concurrence, to be secured with performance and payrrent bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract and pay to the Owner the amount of damages as described In Paragraph 6 In excess of the Balance of the Contract Price Incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for corn lotion, or ottain a new contractor and with rea- 1 promptness under the Circumstances: .1 ,after investigation, determine the amount for which it may be liable to the Orvner and, as soon as practible after the amount Is determined, tender payment therefor to the Owner; or - .2 Deny liability in whole or In part and notify the owner cuing reasons therefor. 5 If the Surety does nct proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part. without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to ccmpiete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2. or 4.3 bbove, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the avner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Qwner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is ob. ligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal. design professional and delay costs resulting from the Contractor's Default and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or It no liquidated damages are specified In the Construction Contract, actual damages taused by delayed performance or non-performance of the Contractor. 7 The $urety shall not be liable to the Owner or others for obligations of 'the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors. administrators or successors. a The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to related subcontract& purchase orders and other obligations- 9 Any proceeding, legal or equitable. under this Bond may be instituted In any court of competent jurisdiction in the location in which the work or part of the work is located and stub bB instituted within two yem after Con« actor Derautt or within two years after the Contractor ceased working or withh two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first 9 the provisions of this Paragraph are void or prohibited by law. the Alh DOCUMENT A312 • PERFORMANCE aOND AND PAYMENT BOND • DECEMM IShA tfl. • A1A 0 THE AMERCAN WSTINTE OF ARC7riTECTS. 1735 NEW YORK AYE., N•W., WASHINGTON, D.C. 20006 A312-19M 2 �1 minimum period cf limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. TO Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other togat requirement in the location where the construction was to be performed. any provisiori in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other iegat requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: struction Contract after all proper adust•nerts have been made, including allowance to the Contractor of any amounts received or to be received by the owner.in settlement of insurance or other claims for damages to which the Contractor Is entitled, reduced by all valid and proper payments made to or on behalf of Lye Contractor under the Construction Contract. 12.2 Constructions Contract: The agreement beween the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is praked belorm for addlitio-W sigma+acres of added parties. Wt er than those appearing on the cover page.) CGNTRnC T OR AS F"niyCl"rAl SURETYCompare. (Corpora.e Seal Company. Signztura: Name and Title: Address. 51 .,ature: I�Fa.-se and Title: Address: (Corpora!e Sea.1 AIA DOCLmENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA e THE AMERICAN INSTITUTE OF ARCHITECTS. 172S NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006 A312-1984 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County cf On 1.�al is /tot , before me, E. Mp-tonica Carrillo, lintary,, -' hame and Me of Ot!cx (a 9.. •,lam Doe. Notary Pudx:) Public — Dam personally appeared Jan Naoe(a) of . - r ILE personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person/ whose name/) is/.I/e subscribed to the within Instrument and acknowledged to me that h//she/they executed the same in hV/her/ttltir authorized capacity(i , and that by h//herlt it signature( j+0 on the instrument the person or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. Plate N,-Aw7 Seal Above SwmtL" of !votary Pudx: OPTIONAL Though the Informal. --on below is not required by law, it may prove valuable to perscns relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document p Title or Type of Document: hc� Ct Document Date: / D _ Number of Pages: 15 Signer(s) Other Than Named Above: Capacity(les) Signer's Name: ❑ Individual Is Corporate ❑ Partner —❑ ❑ Attorney in ❑ Trustee ❑ Guardian or ❑ Other. Claimed by Signer Jan Struiksma Offcer — Tttle(s): President Top 0 {hur+D two Limited ❑ General Fact Conservator Signer Is Representing: Belaire-West Landscape, Inc. ___ I j C 1997 Nabonal Notary Association • 9350 De Sara Ave.. P.O. Box 2402 • Chatsworth. cot 9130-2a02 Prod. No. $907 header. Cal ToFFne 1-800-876-M? CALIFORNIA ALL-PURPOSE ACKI�,VLEDGEMENT �.i State of Caifomia ` S5. County of San Bernardino 1 On DECEIMER 4, 2001 before me:- Janet L. Millers Totan, Public Name and Title of officer (e g.. *Jane DDe, Notary Publie) Personally appeared Kell): Ann Saitman Names) or s gnef(s) 0 personally known to me x proved to me on the basis of satisfactory evidence to be the persoq(t) whose namepf IsIpee subscribed to the within instrument and acknowledged to me that Wsheltl< executed the same In FPi /her/tWr authorized capacity(, JANET L. AtI=LER and that by Wslherttper signatureKon the Instrument the -r64 Z)k Com{.:='f mission C 1311C28 personS4, or the entity upon behalf of which the person Ya Nc:ary Public - Ca-lifornia acted, executed the instrument. San Derna lino County fl+yCorrm. Expires Jul20.2^os WITNESS my hand and official seal. gnat re or Notary Public OPTIONAL Though tie information below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another doarmenL Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer Title 0 Partner — 0 Limited 0 General X Attorney -in -Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: D,f w�N erIm'gt— THE AMERICAN INSTITUTE OF ARCHITECTS ISSUED IN DUPLICATE Bond No. CAC4058 PREMIUM INCLUDED IN PERFORMANCE BOND A!A Document A312 Payment Bone[ Any singular reference to Cantramr, Surety, Owner or Other party shall be considered plural where applicable. C04TRACTOR (Name and Address): BELAIRE—WEST LANDSCAPE, INC. 7371 WALNUT AVE. BUENA PARK, CA 90620 OWNER (Name and Address): CITY OF HUNTING ON BEACH 2000 MAIN STREET H=rNGTON BEACH, CA 92648 CON15TRUCTiON CONTRACT Date: DECEMBER 3, 2001 Amount: $226,000.00 Des-.ription ([name and Location): g N AVENUE MEDIANS LANDSCAPE, Date (Not earlier than Construction Contract Date): Amount $226,000.00 ModTications to this Bond: CONTRACTOR AS PRINCIPAL SURETY (Name and Principal Place of Business): MERCHANTS BONDING COMPANY (MUTUAL) 2100 FLEUR DR. DES MOINES, IA 50321 CCNSTRUCTION CONTRACT CC-1051 DECEMBER 4, 2001 Company: BELAIRE—%TST (Corporate Seal) LANDSCAPE . Signature: Name and - � . (Any acditional signatures appear on pane 6) FX) None ❑ See Page 6 SURETY Company: S BONDING (Corpora:eSealy COMP AU) A Z Name a?rJlitle:I KEILY A-JN SAITMAN, ATTCP-NEY—IN—FACT (FORWFOWATlON ONLY— Name, Address and Telephone) AGENTor BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other AVERBBCK COMPANY INSURANCE BROKERS parry)-. 3270 INLAND EMPIRE BLVD., #100 CUTARIO, CA 91764 AIA DOCUMENT A312 - PERFORMANCE BONA AND PAYMENT BOND - DECEMBER 1964 ED. - AIA d THE AfARCAN 1NSTI IS OF ARCHITECTS. 1735 NEW YORK AVE., M.W., WASHINGTON. D.C. 20006 A312.1954 4 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors. administrators, succes- sors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends. Indemniftes and holds harmless the Owner from all claims, demands, liens or suits by any person or entty who furnished labor. materials or equipment for use In the performance of the Construction Contract pro- vided the Owner has promptly notified the Contractor and the Surety (at the address described In Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands. liens cr suits to the Contractor and the Surety, and provided there is no Owner Default. 3 W.th respect to Claimant% this obligation shalt be null and void If the Contractor promptly makes payment directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until; 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described In Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim Is being made under this Bond and, wfLh substantial accuracy. the amount of the claim. 4.2 Claimants who do not rave a direct contract with the Ccntractor: .1 Have furnished written notice to the Contractor and sent a copy. or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and ,2 Have either received a rejection in ►whole or in part from the Ccntractor, or not received within. 30 days Of furnishing the above notice any communication from the Contractor by which the Contractor has Indicated the claim will be paid directly or indirect- ly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the bwner, stating that a claim Is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety. that Is sufficient compli- ance. 6 When the Claimart has satisfied the conditions of Para- graph 4, the Surety shall promptly and at the Suretys expense take the following actions: ' 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt cf the claim, stating the amounts that are undisputed and the basis for chalenging any amounts that are disputed. 6.2 Pay or arrange for payment of any urdisptr;ed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond. and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Ccntractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy clalrns. if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that VI funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or ethers for obligations of the Contractor that are unrelated to the Construction Contract The Owner staff not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have Obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, Includ- ing changes of time. to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdic- tion in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subpara- graph 4.1 or Clause 4.2 (lit), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construc- tion Contract whichever of (1) or (2) first occurs. if the provisions of this Paragraph are vold or prchib ited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shown o n the signature pace. Actual receipt of notice by Surety. the Owner or the C&'U acwr , however accompiiished, shall be sUf+icIent com- pliance 2s of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the IDca lion wtlere the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be AIA DOCUMENT A712 - PERFORMANCE $ONO AND PAYMENT BOND - DECEMBER 1984 ED. - AJA R THe` "-RICAN IN5TITUTE OF ARCHITECTS, 1735 NEW YORK M.. N.W., wAS41NCTON, D.C. 20006 ^312-1984 5 deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be Ceemed incorporated herein. The Intent is that this Bond shall be cordtrued as a statutory bond aid not as a common law bond. . 14 Upon request by an person or entity appearing to be a potential beneficiary o� this Bond, the Contractor shall promptly fumish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An Individual or entity having a direct - contract with the Contractor or with a su, contractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The Intent of this Bcnd shalt be to Include without limitation in the terms MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: "labor, materials or equipment" that part of water, gas. power, light, heat, oil. gasoline, te!epnone service or rental equipment used In the Construction Contract architectural and engineering services required for perfor- mance of the work of the Contractor and the Contractors subcontractors, and all other Items for which a mechanic's lien may be asserted In the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor [dent:f-ed on the signature page, including all Contract Documents and changes tlere:o. 15.3 Owner Default: Failure of the Owner. which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply wit`I the other terms thereof. (Space is provided below for additional s;gna�res of added parties, other then those appearing on the cover pa .j CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Sea.1 Company: Si nature: — Na:re and Title: Address: S+'ra:ure: f+ ame and.Tlt'.e: Address: (COWrate Sea R AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1904 ED. • AU 9 THE AMERICAN INST(TUTS OF ARCHITECTS, 1735 NEW YORK AVE.. N.W.. WASHiNCTON. D.C. MM k312-1984 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Oranges On jaXL, before me, f _ }(gronica Carri 1 o, Untary Public DO( Nan* and True of Ofter (a g. •Jarw Doe. Notary PL"C) personally appeared ,yja. Struiksma formers) of Svrw[s) El personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person/ whose name/) is/atle subscribed to the within instrument and acknowledged to me that h//shelthhy executed the same in hXlherlt4ir authorized capacity(ie , and • that by h/lher" )r signature( f�on the instrument the person or the entity upon behalf of which the persov) acted, executed the instrument. WITNLES and and official seal. I? Place Notary Sall Above Srgnalwe of Notary FuNc OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description o3Attached Docut�n��� Title or Type of Document: Document Date: O % Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: Jan Struiksma ❑ Individual MWO" '' EX Corporate Officer --Title(s): President Top cr mw+w Here ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in tract ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: „Belaire-West Landscape, Inc. O 1g97 Nabond Notary Association • Sm De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Too -Free 14M4764527 C ,UFORNIA ALL-PURPOSE ACKI!%800VLEDGEMENT M State of California SS. County of San Bemardino On DEMIMER A, 2001 before me, _, Janet L. Miller, Notary Public Name and Tale of officer (e.g., -Jane Doe. Notary PubGo") Personally appeared Kelly Ann Saitman Name(s) of Signer(s) 17 personally known to me x proved to me on the basis of satisfactory evidence to be the person (� whose nametsle subscribed to the within instrument and acknowledged to me thatpolsheltt4 executed the same In 8/herltWr authorized capacity, JANET L. MILLER and that by Wslherltpir slgnature(,s')'on the instrument the commission 0 1311C28 Nc:ary Public- Ca'ifornia personpd, or the entity upon behalf of which the persoro ram. San aernardiro county acted, executed the Instrument. MY Conn. Erlrm Jul 2C, 2,)05 WITNESS my hand and official seal. Cl__� 1% Signature of Notary Pubbc OPTIONAL Though the Inforrnation below is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: O Individual * Corporate Officer Title 0 Partner — 0 Limited M General X Attomey-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other. Signer is Representing: Top of thumb hefe Merci ants Bonding Company (Mutual) POWER OF ATTORNEY Kncw All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, end having Its principal office In the City of Des Moines. County of Polk. State of Iowa. hath made, constituted and appointed, and does by these presents make• constitute and appoint Jay Taul Freeman, Kelly Ann Saltman, Janet Miller . . of Ontario and State of California Its in* and lawful Attomey4n-Fact, with tuft power and authority hereby conferred in Its name, place and stead, to sign, execute, acknowledge and deliver In its behalf as surety any and all bonds, undertakings, reccignizances or other written obligations In the nature thereof, subject to the (imitation that any such Instrument Shan not exceed the amount of: TWO MILLION FIVE ITUNDRED THOUSAND ($2,500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as N such bond or undertaking was signed by the duty authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and a'1 the ads of said Atiomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power•of-Attorney Is made and exerted pursuant to and by authority cf the following Amended Substituted and Restated By. Laws adopted by ete Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3.1992. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shah have power and authority to appoint Attorneys -In -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contrads,of Indemnity end other writings obligatory In the nature thereof. ARTICLE 11, SECTION 9 -The signature of any authorized offcer and the Seat of the Company may be stfixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same forts and effect as though manually fixed. to Witness Whereof. MERCHANTS EONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 24th day of July , 2000 • o.....• "•�,oN10 ,COCA •• MERCHANTS BONDING COMPANY (MUTUAL) -o- �•� : y 1933 STATE OF IOWA �•.. •' President CCUNTY OF POLK as. On this 24th day of July 2000 before me appeared Larry Taylor, to me persona'.ly known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL). the corporation described In the foregoing instrument. and that the Seal affixed to the said instrument Is the Corporate Seal of the said Co,poration and that the said Irstrument was signed and sealed In behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof. I have hereunto set my band and affixed my Official Seal at the City of Des Moines. Iowa, the day and year first above written. �U4 4/ A eod� N uary Public. Polk County. lowa STATE OF IOwA COUNTY OF POLK ss. 1. William Warner. Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL). do hereby certify that the above and foregoing Is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is stir in force and effect. In Witness Whereof. I have hereunto se: my hand and efIxed the seat cf the Company on this 4TH day of DECEPIBER ' 2001 • . •' • G .• •' • C .• -0- o: : •>':— .S: • :6 • 1933 : c • A/, Secretary 6TY OF HUNTINGTON BEACij�� �C. P,A111311 rmw MEETING DATE: October 15, 2001 DEPARTMENT ID UMBER: PW D'I-121 Council/Agency Meeting Held: Deferred/Continued to: �A roved ❑ CondiTnally Approved ❑ Denied t1' - ity Cl rk Signature Council Meeting Date: October 15. 2001 Department ID Number: PW 01-121 CITY OF HUNTINGTON BEACH �- REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS '= Yc 0o SUBMITTED BY: RAY SILVER, CITY ADMINISTRATO ^ ccam�__ PREPARED BYY�✓KOBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WOR A �G SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE WARNER AVENUE MEDIAN LANDSCAPE PROJECT, CC-1051 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids have been received for the Warner Avenue Median Landscape Project, CC-1051. Should the City Council authorize the award of the construction contract to Belaire-West Landscape, Inc., the lowest responsive/responsible bidder for the Warner Avenue Median Landscape Project, CC-1051? Funding Source: Funds in the amount of $300,000 are budgeted in Warner Avenue Median, 21390016.82300. Recommended Action: 1. Approve the attached Sample Contract subject to award of the contract to the lowest responsive/responsible bidder; 2. Accept the bid from Belaire-West Landscape, Inc., the lowest responsive/ responsible bidder for the construction of the Warner Avenue Median Landscape Project, CC-1051; 3. Approve and authorize the Mayor and the City Clerk to execute the construction contract between the City of Huntington Beach and Belaire-West Landscape, Inc., in the amount of $ 226,000, for the construction of the Warner Avenue Median Landscape Project, CC-1051; and Y 01-121 Oct 15 Davis (wamer).doc -2- 10108/01 9:14 AM L , REQUEST FOR ACTION ter/ MEETING DATE: October 15, 2001. DEPARTMENT ID NUMBER: PW 01-121 4. Authorize the Director of Public Works to expend up to $282,600, which includes the contract cost of $226,000, an estimated contingency of $45,200, and $11,400 in supplemental expenditures. Alternative Action(s): Forego approval at this time and direct staff on how to proceed with the project. Analysis: In 1996, at the request of the City Council, staff was directed to appropriate available street funds to complete construction of a landscaped median on Warner Avenue. Design and construction of the multi -phase project began in Fiscal Year 1996/1997. The first three phases of the project were completed in 1998, at a cost of approximately $420,000. Phase four did not have complete plans and was contracted to a landscape architect in 1999. Plans were updated this year to include provisions to complete the section of median in front of the Warner Avenue post office with concrete curbs, asphalt removal and the addition of topsoil to provide a planted median. A 20-percent contingency has been budgeted for this work as a precautionary measure to cope with an unknown quantity of miscellaneous asphalt concrete removal within the plantable portions of the existing medians. Currently, the existing medians are covered entirely with soil and it is impractical to ascertain a fixed quantity. The recommended project is the final phase of landscaping improvements to Warner Avenue from Edwards Street to the west and Rotterdam Street to the east. The project is composed of stamped concrete, irrigation, trees and palms, shrubs and groundcover, and will be similar to the completed medians between Sims and Edwards. On July 16, 2001, the City Council authorized the Director of Public Works to advertise for bids for the Warner Avenue Median Landscape Project, CC-1051. On August 14, 2001, The following bids were received: Belaire-West Landscape $226,000.00 Los Angeles Engineering $250,000.00 Belaire-West Landscape, Inc. provided the lowest responsivelresponsible bid for this project. Staff has checked references submitted by Belaire-West Landscape, Inc. and recommends approval of their bid. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA 01.121 Oct 15 Davis (Warner).doc -3- 10108101 9:14 AM REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER: PW 01-121 Attachment(s): RCA Author: C. Davis:tb:jm 01.121 Oct 15 Davis (Wamer).doc -4- 1010B101 9:14 AM ATTACHMENT #1 V �J F �P BOLSA AVE. CO �I V) N 0 En Mc FADDEN AVE ZEDINGER w N AVE. `r U NOT TO SCALE Z C N j 0O �HEIL U a 8 c ¢ m w AVE. Q of Z C O � 0o - a a p O V Q O WARNER �' �`' � � ��� U I SLATER Y AVE- w 07 405 TALBERT AVE. PACIFIC �� ELLIS AVE. GARFIELD -' AVE. PROJECT LOCATION c i �, n IJ a YORKTOWN AVE. ADAMS AVE. �- Y9�CF INDIANAPOLIS AVE. ELF ATLANTA Z J C AVE. 0 o cn U Li < z L Q Z HAMILTON AVE. OCEAN y�y BANN;NG AVE. 0 z O a a WARNER MEDIAN LANDSCAPE PROJECT LOCATION MAP FOB CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 1 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND . FOR WARNER AVENUE MEDIAN LANDSCAPE PROJECT (CC-1051) THIS AGREEMENT, made and entered into this day of 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Warner Avenue Median Landscape project (CC-1051) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner agree/form/con-sam/7/19/01 1 SAMPLE shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the'stipulated prices named in the Bid Sheet(s). 2. -ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any. shall be bound by said Contract Documents Insofar as they relate in part or in anyway, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition, including 2001 supplement, of Standard Specifications for Public Works Construction, published by Builders' News, Inc. 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern agreelfc mVcon-sam/7119101 2 SAMPLE California chapter of the American Public Works Association and the Souther California District Associated General Contractors of the California Joint Cooperative Committee; _ E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned In the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terns of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ }, as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion agreeflomVcon-sam/7/19/01 3 SAMPLE within ( _ ) consecutive from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE 'The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and In accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to.decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work. necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. agreenomdc0n-sanV7l19,101 4 SAMPLE When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties'upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. s. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney. One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials fumished. Only bonds issued by California admitted sureties will be accepted. agree.'fcmVcw-samR119101 5 SAMPLE 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defect;ve item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGESIDELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it Is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is. therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($___) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said agreelformloon-sanV7119101 6 SAMPLE damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay, and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. agmelfomVoon-sam/7119101 7 SAMPLE 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such. conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under'this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in agreel`bnfton-samM1 9101 8 SAMPLE PLE price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in Its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty -live (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance viith the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD_ CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit agreelcmlcon-saml7 TOI 9 SAMPLE �.J `.% therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in tonne.-tion with Notices to Withhold which have been tiled under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS -The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. agreerfomVcon•samr7l19r01 10 SAMPLE V 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder, -CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers" compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and fumish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shalt indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with .the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than S1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be agree/foWcon-samr711=1 11 SAMPLE ► A applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS -Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attomey evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: I. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -Insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shalt pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. agreefformloon-sam►7l19101 12 SAMPLE 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with - diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its Intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; In such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. -DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof. or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. agmeMomVwn-sanV7119101 13 SAMPLE A9 0 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY Is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to agree/fo.7nlcon-samf7119.'01 14 SAMPLE Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one) ChairmanlPresidenMice President Mayor AND ATTEST: BY print name City Clerk ITS: (circle one) Secretary/Chief Financial Officer/Asst. APPROVED AS TO FORM: Secretary - Treasurer 04--A"\City Attorney-1 ? REVIEWED AND APPROVED: INITIATED AND APPROVED? Y t City Administrator Director of Public Works sgreelf6m1con-sanV7119*1 15 S AIM PLE v RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AWARD CONSTRUCTION CONTRACT FOR THE WARNER AVENUE MEDIAN LANDSCAPE PROJECT, CC-1051 COUNCIL MEETING DATE: October 15, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable} (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff PA ( L. ) Assistant City Administrator (Initial) ( ) City Administrator (initial) ( } ( ) City Clerk EXPLANATION FOR RETURN OF ITEM: J. ill�4 CITY OF HUNTINGTON BEACH :•.l INTER -DEPARTMENT COMMUNICATION NUNnMGTON BIACN Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II To: t� Date: D . r a Meeting Date: / /S d Agenda Item: C2-0 :�e Pro osR ed Cif Co indl Au da Items: The City Clerk's Office/City Adni ator's Office must return your agenda item due to the following requirements that have not been met. Whe your Agenda Item is ready to resubmit, please return to: Elaine KUhnke, Management Assistant, Admin• ration 1. Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified 44 p C Other 3. "Exhibits A Missing B Not identified C Other 4. Insurance Certificate (Proof Of Ins ante) A Not attached B Not approved by City Attomey's Wfice C Signed form notifying City Clerk thaf department will be rosponsiblc for obtaining insurance certificate on this item. (Sce form attached) 5. Wording On Request For C ttcil Action (RCA) Unclear A Recommended Action on R 9A not complete B Clarification needed on R A C Other G. City Attorney Appr al Required 7. Agreement N s To Be Changed ' A Page No. 8. Other 6 +OwXIShnndrralorm kl- I u (4y Glen b py CC-1051 WARNER AVENUE MEDIAN IMPROVEMENTS ALGONQUIN TO EDWARDS CONTRACTOR ALL AMERICAN ASPHALT J BELAIRE - WEST LANDSCAPE, INC. CRESTA VERDE LANDSCAPE CONST. INC. Y LOS ANGELES ENG., INC. RANK �i I znj om, --- p � � Z60) oaA.— CITY CLERK CITY OF HUNTINGTON BEACH, CA 2001 AUG 114 P 1= 59 10 Z d 111 9fly t00z V3'HOV38 NOIJNIINnH .40 AlIO W310 A110 fj? l"ITIP JkJ d-,-'2O,p! SECTION A ;; 0-7--A-.1 NOTICE INVITING SEALED BIDS for the WARNER AVENUE MEDIAN UNIPROVEAIENTS from ALGONQUIN ST. TO EDWARDS ST. CASH CO\"FRACT No.1051 in the CITY OF IIUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on August 14, 2001. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents will be available on August 2, 2001 from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 non-refundable fee if picked up, or payment of a $45.00 non- refundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10°'o retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-t 9 No bid shall be consideredless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 16`" day of July, 2001. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 FBCITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockway To: Citv Clerk's Office 2000 Win Street Huntington Boach. CA 92648 Fax (714) 374-1573 Date: Joly 20. 2001 ProjectlC.C. No.: C. C. No. 1051 Regarding: WamerAventie kfedian Landscane We are sending you: ❑ By Malt By Fax Mail(Number of pages Including this sheet:) ® We are hand delivering: ❑ Attached 11Under a separate cover via the following Items: Shop drawings El Prints 11 PIans El Samples ElSpecifications Copy of letter Change Order 19 Other. Notice Irrvlrinq seated Rids Item # Co ies Pages Description 1 1 2 Alolice lnv#iW Sealed Bids 2 3 4 5 These are transmitted as checked below: For approval 11 Approved as submitted Resubmit coples for approval 0 For your use El Approved as noted Submit copies for distribution For your action Returned for corrections Return corrected prints For reviewlcomment 0 Other. Remarks: On July 16, 2001, the City Council authorized the advertisement of the Warner Avenue Median Landscape Project. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for July 26, August 2, and August 9 for bid opening on August 14 Please contact me at extension 5247 ,Mth any questions you may have. cc: S E:F- d 0 Z Inr 1001 By: —AO) %"' M. Todd Broussard, PE, Assoc a Civil Engineer VO TOV38 NOIDNIIW4 30 A113 k�313 Ali3 G:%CoxsTRtrrrton CONTRACTS (CCs)%CC1138%T010507CLERK.Voc .r COPIES TO: Front Desk Engineer City Clerk PROJECT CC [05-1 PROJECT NAME:. Nn Q. �Q P-A 'n eMeh-s BID DATE: Estimate: P (Engineer's $ a5o BID LIST J ayFirvx,. BIDDER'S NAME RANK TOTAL BID AMOUNT 1.h1leAsr)6$ /b 4LAO 2. . r -- 2?•�i Crers� Vt Lar�sca e� s 3. 4. LOS � gM. mac, or s s. s 6. 7. $ 9. $ 10. $ 11. 12. 13. no T-TCT CC-1051 WARNER AVENUE MEDIAN IMPROVEMENTS ALGONQUIN TO EDWARDS CONTRACTOR ALL AMERICAN ASPHALT 13ELAIRE - NEST LANDSCAPE, INC. CRESTA VERDE LANDSCAPE CONST. INC. LOS ANGELES ENG., INC. RANK CITY OF,%JNTINGTON BEACH RLS No. 2001 0_ REQUEST FOR LEGAL SERVICES Assn To 5� L Ga' a on, I tt ney L = date f _3 e _ o Date: R est made by: Telephone: Department: 01/2812002 DAVID VERONE 375-$471 PUBLIC WORKS INSTRUCTIONS: Fil request in the City Attu ey's Office. Outline reasons for this request and state facts necessary for Cit ttorney to re ortd: Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease N Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ® Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: Information c thisRLStoall members uncll. j'ed Agenda Deadline Council Meeting ignaturepfrtment Head COMMENTS Please review- and approve "As to Form" the following contract documents furnished by Belaire-West Landscape contractor for Warner Avenue Median Improvement. Project CC 1051_=; Y �_ 1. Payment Bond # CAC4058 2. Performance Bond # CAC4058 3. Certificate of Insurance tea`- Z7 4. Certificate of Fact 1 Chapter 181 material 5. Agreement - for signature only( with attachment A) n-` �. 0- REFERENCE R.L.S. # 2001-0875 and 2001-0498 Routing: ❑ GCH ❑ PDA 101-13 ❑ SL 1 ❑ JF ❑ ADL ❑ SF 1 ❑ JM ❑ This Request for Legal Services has been assigned to attorney , extension His/her secretary is , extension Notes: File Name: Date Completed: WP No.: ❑ Shaded areas for City Attorneys Office use only. 1nK1 RI S RnNng R INS rlrv; MOR1n9 11•27 ALL Belauc-West Landscapc, Inc. P.U. Box 6270 Buciia Park, CA 90622 Contractors License #448636 • CI i Y CL ,111% CITY OF HUNTf0N DEACH, CA' "SEALED BID" JOY WARNER AVENUE MEDIAN IMPROVEMENTS FROM EDWARDS STREET TO ROTTERDAM LANE, IN THE, CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL PROJECT: WARNER AVENUE MEDIAN IMPROVEMENTS FROM EDWARDS STREET TO ROTTERDAM LANE BID DATE: AUGUST 14, 2001 BID TIME: 2:OPM I CI f Y CLL- Rat CITY 01 i';01*01: CZACH- CA 2001 A'."a 11.I p I- "A CITY OF HUNTINGTON BEACH 2000 MAIN STREET 2ND FLOOR HUNTINGTON BEACH, CA 92648 U Tam sus s &) a�2ig�►�f- . ���c, 7q -Ta/cam s r--�y. 51at m h b' w Belaire-West Landscape, Inc. 7371 walnut Ave.. Buena Park. CA 90620 BID RESULTS Contract No. Job Name: �[�Qt�(•1 `�— Engineers Estimate: $ No. of Bidders: Bidders Name 1. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 14. M Apparent Low Bidder: Bid Amount Uc. 448-636 P (714) 523-9200 F(714)523-9201 Belaire-West Landscape, Inc. 7371 Walnut Ave.. Buena Park. CA 90620 BID RFSUI.TS Contract No. Job Name: OL v Engineers Estimate: S No. of Bidders: Bidders Name 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. W. 15. Apparent Low Bidder: Bid Amount Lic..u8-636 P (714) 523-9200 F(714)523.9201 �.,,ITY OF HUNTINGTON BEAC o) Pa-)P1111-- C. PA9 .Q MEETING DATE: July 16, 2001 DEPARTMENT ID N ER: PW 01-092 Council/Agency Meeting Held:_ Deferred/Continued to: A roved ❑ Conditionft Approved ❑ Denied VrPcit lerk' i nature Council Meeting Date: July 16, 2001 Department ID Number: PW 01-092 Ly CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS \ SUBMITTED BY: RAY SILVER, CITY ADMiNISTRATOVd 11 PREPARED BY: �OBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE WARNER AVENUE MEDIAN LANDSCAPE PROJECT, CC-1051 Statement of issue, Funding Source, Recommended Action, Alternative Action(s), Analysts, Environmental Status, Attachment(s) Statement of Issue: Should the City Council authorize the advertisement of the Warner Avenue Median Landscape Project, CC-10517 Funding Source: Funds in the amount of $300,000 are budgeted in Measure M funds, Warner Avenue Median, 21390016.82300. Recommended Action: Motion to: authorize the Director of Public Works Project, CC-1051. Alternative Action(s): Approve the project plans and specifications and to request bids for the Warner Median Landscape Forego approval at this time and direct staff on how to proceed with the project. 01-092 July 16 Davis (Warner) -2- w Cn a 713101 2:22 PM � REQUEST FOR ACTION �' MEETING DATE: July 16, 2001 Analysis: DEPARTMENT ID NUMBER: PW 01-092 In 1996, at the request of the City Council, staff was directed to appropriate available street funds to construct a landscaped median on Warner Avenue. This improvement project was supported by local residents, as this is one of the major arterial streets in the City. Design and construction of the multi -phase project began in Fiscal Year 1996/1997. The first three phases of the project were completed in 1998, at a cost of approximately $420,000. Phase four did not have completed plans and was contracted to a landscape architect in 1999. Plans were updated this year to include provisions to complete the section of median in front of the post office with concrete curbs, asphalt removal and the addition of topsoil to provide a planted median. The recommended project is the final phase of landscaping improvements to Warner Avenue from Edwards Street to the west and Rotterdam Street to the east. The project is composed of stamped concrete, irrigation, trees and palms, shrubs and groundcover and will be similar to the completed medians between Sims and Edwards. In addition, sufficient funds may be available in the project budget to replace some existing Jacaranda trees with New Zealand Christmas trees to keep and complete the theme for Warner Avenue to Magnolia Street. Plans, specifications and other bid documents are available for review from the Public Works Engineering Division. Public Works Commission Review: Due to sensitive deadlines, this project will be brought before the Public Works Commission on July 18, 2001 for support of this Council Action and prior to advertisement of bid. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA Attachment(s)• RCA Author: C. Davis:tb:ss: jm 01-092 July 16 Davis (Warner) -3- 715101 12:38 PM ATTACHMENT #1 I WARNER MEDIAN LANDSCAPE PROJECT LOCATION MAP •1. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA kOUTING IiEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE WARNER AVENUE MEDIAN LANDSCAPE PROJECT, CC-1051 COUNCIL MEETING DATE: July 16, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) NotApplicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. as to form Oy gLtZ Attome Not Applicable —(Approved Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable)_ Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report if applicable) Not Applicable rFindings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff s. Assistant Ci Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author. C. Davis:tb:jm Los Angeles Engineering Inc 4134 Temple amity Blvd Rosemead Ca,91770 r?CEIVE'D CITY CLERK HUNTINGTONBEACH CA I I � 2001 AUG 14 P 1 45 I r f f 1 r � 1 ✓• I 1 � I i r r r r t I I I t r I r City Of Huntington Beach r r �Z SEALED BID- Warner Ave Median improv From Edwards St To Rotterdam Lane Cash contract No 1051 A , } ys 1 J r SECTION C 4W PROPOSAL for the WARNER AVENUE MEDIAN IMPROVEIIIEWS I" from EDWARDS STREET to ROTTERDAM LANE CASH CONTRACT No.1051 �•+ in the CITY OF HUNTINGTON BEACII L TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF 11UN7IN'GTON BEACII: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material. equipment and Lincident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to ` perform the work therein to the satisfaction of and under the supervision of the City Engineer of L" the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the L Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, Lspecifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award. BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant # expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. aw C-1 1 If awarded the Contract, t-undersigned agrees that in the event L the BIDDER'S default in executing the required contract and filing the necessary bonds andZiisurance Certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER. the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option. be considered null and void. rw Accompanying this proposal of bid. find Mbv-e in the amount of $ o which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash". "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received idder's Signature rv-6q Lip 6d PROJECT BID SCHEDULE E s—timate tewith unit price Extended No. Quantity written its words Unit Price Amount 1 Construct Landscape Medians Edwards Si, to Beach Blvd. la t sum ConsLandscape sJLandscape hlediag (T) Dollars /000 S I7400 1_ Cents Per lump sum lb I lump sum Construct L�`' c e hledfan fu) j4N Dollars S15,000 S 000 Cents Per lump sum IC 1 lump Constructlandscape h4 ian (V) ra` ; r -1`1 700W— ?4X64ND Dollars 7 ) $ 3 000 S R,000 sum Cents Per lump sum Id I Construct Lhndscaff a hiedian ) f� lump sum ,Sl xe7�e ti'$14rJ Dollars S 4 000 S /�, me) Cents Per lump sum 1 e i Construct�j�''dscape Median (Y lump sum OVA�iGt'l�t W-40".S 14 N t'� Dollars S DOD S DOD Cents Per lump sum If I lump sum Construct L d ca{'e McdianiTk_ ru CteC•'t r7lo05Y4HD Dollars S S 13;Cn0 Cents Per lump sum 1 g I Construct Landscape 3edian ( wHA-1 lump sum C j 1;c r fee,,l i> Dollars S A' 000 S flo, Co D Cents Per lump sum III l Construct Landscape Median (�p► ) lump sum 7'hy&6;4ti+r_> Dollars S 17,000 S 7lDOD Cents Per lump sum l i 1 scape Median(a,F� ConstrucMdele-,esi JWySwNL2 l V OOQ X, 000 lump sum Q Dollars S S Cents Per lump sum C-1 s PROJECT BID SCHEDULE v W 4W 460 sw 4W Rem Estimated tem Mith unit price Extenaea No. Quantity written in words Unit Price Amount 1 j l lump sum Construct s t" Median (A q e feeo &4iu{ Dollars S /sow S �SUDMD Cents Per lump sum I I lump sum Construct,L)ndscapc Median I) r f'lrid )ee,,r 0U.S Dollars S I 000 S Cents Per lump sum 1I I Construct Landscape 1edian (Al lump sum r, Dollars $16100Q $/�D, 000 Cents Per lump sum 1 m 1 lump sum Construct Lands cape hledian (} Pi9h�Ge°�'l /I10Jkf9Dollars S D00 S QiJ Cents Per lump sum 2 Construct Landscape Medians Beach Blvd, to Rotterdam St. 2a 1 lump sum Construct Lindscape Mcdia K) Ca.%✓C y'+�UOAJO otiars S / DX S /Z,dDO Cents Per lump sum 26 1 Construct Landscape Median (AL). Including Controller'C' and Wire Connection from Controller to Valves in Aicdians lump sum AK and AC, f� C �b�� C�Gr T"�'}'�' ` 9 _ Dollars p S /O,, DOD S , DUO Cents Per lump sum TOTAL IN FIGURES: $ 2 So/ dDO- TOTAL IN WORDS: $U �yv1,G�r �� f� 1►wSt9r►� j)��.s' C-2s i PROJECT BID SCHEDULE i Item Estimated Item witb unit price Lxtende No. Quantity written in words Unit Price Amount ADDITIVE BID IT MS A I Construct Landscape Medi (A111) lump sum fayt?�urtAN0 Dollars S%0701) S %I%Q� Cents Per lump sum B l lump Medan (AN) Construct L7flf fu 05•��+� Dollars S 00o S sum , Cents Per lump sum C I lump sum Construct Lalcape Median AO) r— Dollars SJ� `� 7� S 00 Ca/ic ,�qAJ! Cents Per lump sum D I lump sum Construct Landsc:+e Med�ia� (AP) -a .S'!X 'f� tt�S�trc �+� Dollars S 6,000 S 6idO0 Cents Per lump sum IE 1 edian (AQ) ,,�,� Construc andscaPlaax4-7 �{ S lump sum ru Ne, Dollars S S Cents Per lump sum r I lump sum Const Landsca Median (AR) ra t1C f,tttty4yp 7�,VC lyllfll-rAollars S S00 S SOD Cents Per lump sum G l Removal of AC Street Paving and Base Material Under Under Pavement in Planting Pits for Trees. Provide a Unit Cost Based on a 6' x 6' Area to Remove a Street Section. Dispose of Offsite. Replace with Class "A" Topsoil, and and Compact. Prior to the Final Planting Process. Unit Cost Shall be Per ea 6' x 6" A,rre�a. lump sum u , Vr— / "' CyS44}' 12 Dollars s 000 $5,000 Cents Per lump sum Fi 1 Replace Existing Sprinklers on Risers with Rainbird 1812-SAM.PRS. Four Street Ell's and Sch. 80 Nipples per City Standard 7 S.1 Ott. /4i /rr000 Iump sum Dollars s Oy1) S Cents Per lump sum C-3s PROJECT BID SCHEDULE im stimate %,..ttem with unit price xten ec o. 1 Quantity written in words Unit Price I Amount ADDITIVE "A" TOTAL IN FIGURES: $ d, e0o ADDITIVE "A" TOTAL 1N WORDS: $ Afl S4pjv�) ADDITIVE "B" TOTAL IN FIGURES: $ f4000 ADDITIVE "B" TOTAL IN WORDS: $ iJe ADDITIVE "C" TOTAL IN FIGURES: $ V 000 ADDITIVE "C" TOTAL IN WORDS: ADDITIVE "D" TOTAL IN FIGURES: $ �4, Opv ADDITIVE "D" TOTAL IN WORDS: $ -5 x V✓SGloji�2 ADDITIVE "E" TOTAL IN FIGURES: $ Si SOD ADDITIVE "E" TOTAL IN WORDS: $ Pe ,4AJD •v< <�� �'��-� ADDITIVE "F" TOTAL IN FIGURES: $ 51600 ADDITIVE "F" TOTA!_ IN WORDS: $ Ile vc lil ✓ti' '�� ADDITIVE "G" TOTAL IN FIGURES: S S, 0OI9 ADDITIVE"Go TOTAL 1N WORDS: $ , ve =9_110 ADDITIVE "H" TOTAL IN FIGURES: $ %1, 000 ADDITIVE "H" TOTAL IN WORDS: S eL°U rLr C 4s %W. 6d %. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Of Work flame and Address of Subcontractor State License Number Class P*177& A) ,i � C , 6W By submission of this proposal, the Bidder certifies: 1. That he is able to and mill perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. ow C-3 6W i" ' �ONCOLLUSION AFFIDAVA TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID nW State of California 5s. ted County of Orange Angus OBrien , being first duly sworn, deposes and says that he or she is President of Los Angeles Engineering Inihe party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdo%%m •+ thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository. or to any member or agent thereof to effectuate a collusive or sham bid. �.r Inn AngPIPS,FaginPPringTne_ Name of Bidder dia . w. Angus OBrien,President SignatureVF Bidder Lo 4134 Temple city Blvd, rosemead Ca,91770 Address of Bidder w Subscribed and sworn to before me this 14 day of August 1 qq _2001 4:iiffifftf1i11111/11.1!!•Ii1•!•••!••� 7.•� LOGAN O'BRIEN o COMM. #1299970 a Ft S ROTARY ►MUC - CAMMIA S LDS ANGELESCOUlm Z �.. • uy Cerxn. Eames Aptl r. 2005 � ••!l•Iil/•i!!!!i••!!!•Iil1!lliilllili NOTARY PUBL �1�_ Logan OBrien, Notary Public L T NOTARY SEAL G4 6* 4W �` UTILITY AGREEMENT � ibw bw Gentlemen: HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the WARNER AVENUE MEDIAN I'IPROVEMENTS from EDWARDS STREET to ROTTERDAM LANE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: L"Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance u7th all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned. and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. I L sr Ud bd Date: 8/14/01 cs Los Angeles Engineering Inc. Contractor Angus By President Title 1W 4" � DIS dALIFICATION QUESTIOI rT dRE 4W In accordance with Government Code Section 14310.5. the Bidder shall complete, under penalty of perjury, the following questionnaire. 1W QUESTIONNAIRE k Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary Linterest in the Bidder ever been disqualified, removed or othen%lse prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? i. ❑ YesVo If the answer is yes, explain the circumstances in the space provided. fim L W Vote: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. Gb W COMP]Ntl ATION INSURANCE CERT6 CATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 6W I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance %%ith the provisions of that code, and I will comply «-ith such provisions before commencing the performance of the work of this contract. Los Angeles Engineering Inc. L« 1 LW L Date: 8/ 14/01 40 hw i6. C-7 Contractor Angus OBrien By Title President W r UA,.,�ERGROUND SERVICE ALES bw IDENTIFICATION NUMBER %W (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 421614217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Digzilert Identification Number: Lo Los Angeles Engineering Inc. Contractor 1� U 'y Angus OPrien E3y President Title 6. W Date: 8/14/01 w 6d w 4.0 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. 6W C-8 1W �„ BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: I Los Angeles Engineering Inc. Bidder Name 4134 Temple city Blvd, rosemead Ca,91770 Business Address L City, State Zip i L 626 ) 454-5222 L Telephone Number Class A C10 HAZ C27 A 591176 L State Contractor's License No. and Class r A March 26,1987 lw,,, Original Date Issued 1/11/2002 L Expiration Date r i L The work site was inspected by Nick Samarin of our office on August 10 , c 2001 �. The following are persons, firms, and corporations having a principal interest in this proposal: Los Angeles Engineering Inc. Angus 05r4an- President Angus dBrien, Secretary Angus OBrien, Manager V 1 6d i~ G9 64 w The undersigned is preparetir,.j satisfy the Council of the City of H%,,igton Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Los Angeles engineering Inc. Company Name r.. Signature of Bid Angus OBrien, president �. Printed or Typed Signature Subscribed and sworn to before me this t4 day of August o 20a1.....aaa*0906aaa ............. w... LOGAN O'BRIFN c R COMM. *12M70 5 10TARYPUOLIC-CALlFORNIA S 2 LM kXELES COUNN 2 • PAY Conn Emres"7. M • i... �'--� irrr.rrrrrr�urrurrurrrrrrrrrrrrrri NOTARY PUBLe9�' L Logan OBrien, Notary Public { NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work- within the past two years: See Attached 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: 6d Contract Amount Type of Work Date Completed how 2. WA4 Name and Address of Public Agency Name and Telephone No. of Project Manager: W Contract Amount Type of Work Date Completed IMP Name and Address of Public Agency Name and Telephone No. of Project Manager: 6" Contract Amount Type of Work Date Completed C-10 Iw Los Angeles Engineering, Inc. Project List Owner Project Amount / Completion Community Redevelopment Agency City of Los Angeles 354 S. Spring St., Suite 800 Los Angeles, CA 90013 Ms. Sandra Sunday(213) 977-1600 City of Laguna hills 25201 Pasco De Alicia # 150 Laguna Hills, CA 92653 Ken Rosenfeld (949) 707-2650 City of Darla Point 33282 Golden Lantern Dana Point, CA 92629 Dennis Jue (949) 248-3506 City of Irvine One Civic Center Plaza Irvine, CA 92623 (714) 724-6000 City of Newport Beach 3300 Nev-Port Blvd. Newport Beach, CA 92658 Mark Puglisi (949) 644-3311 City of Paramount 16400 Colorado Ave. Paramount, California 90723 (562) 220-2000 Westlake Alley Improvement Contract No. 502097 Los Angeles, California Moulton Parkway at Oso Parkway Intersection Widening CIP 125, Moulton Parkway Median Island & Resurf. Improvements CIP 303 Laguna hills, California Arterial Highway Sidewalk Proj. Dana Point, California Groves Storm Drain CIP 357780 Irvine, California Balboa Blvd. Reconstruction Main Street to `�G" Street Contract No. 3176 Newport Beach, California Street & Median Island Improv. Garfield Ave. & Slurry Seal Garfield Ave. & Traffic Signal Modifications. Project No. 207 Federal Proj. STPLLG-5336(005) Paramount, California $437,000.00 Oct. 2000 $1,466,530.00 Aug. 2000 $589,098.00 Jul. 2000 $526,003.00 Jul. 2000 $574,564.00 Dec. 1999 $438,857.00 Jul. 1999 L Equilon Pipeline Company 20945 S. Wilmington Ave. Carson, California 90810 Ray Herzog (310) 816-2038 State of California Department of Transportation 680 Flinn Street Moorpark, California 93021 Fred Young (805) 523-9694 Community Redevelopment Agency 354 S. Spring St. #800 Los Angeles, CA 90013 Al Nicholson (213) 977-2656 Texaco Bridge fie? L.A. River Long Beach, California State Highway 150 at Santa Paula Creek Bridge Contract 074174904 Santa Paula, California Lanzit Industrial Development Watts, California Jurupa Community Services Water Treatment Plant 8621 Jurupa Rd. Limonite Ave between Riversidc, CA 92509 Van Buren and Bain St. Wally Franzt cbn &Amc) (909) 686-1070 Mira Loma, California County of Orange Intersection Improvements 1152 E. Fruit St. Avenida De La Carlotta Santa Ana, CA Laguna Niguel, California Greg Cunningham (714) 567-7796 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA David McBride (310) 377-0360 U.S. Army Corps. Of Engineers P.O. Box 2638 Downey, CA 90242 Stan Fujimoto (562) 861-1094 Roadway Improvements Rancho Palos Verdes Dr. South Rancho Palos Verdes, California Willow Street Bridge Pier Modifications DACW09-96-C-0037 Long Beach, California $752,011 Jul. 1999 $3,293,173 Mar. 1999 $1,271,711 May 1999 $2,239,991 Jan 1999 $1,300,698 Feb. 1999 $442,229.00 Dec. 1997 $4,079,203 Nov. 1997 City of Hawthorne Hawthorne Airport Improvements $989,835.00 4455 W. 126 h Street Hawthorne, California Aug. 1997 Hawthorne, CA 90250 Malck Taweil (310) 970-7964 V County of Los Angeles Dept. of Public Works 900 S. Fremont Avenue Alhambra, CA 91802 Chris Biassio (626) 458-31461 City of Glendale 633 E. Broadway Glendale, CA 91206 John Mann (8IS) 548-3945 San Gabriel River Bike Path Undercrossing Annual Street Reconstruction Spec 2724 Glendale, California City of Palmdale CC291, Facility A, 708 E. Palmdale Blvd. Detention Basin B. Spillway Project Palmdale, CA 93550 Facilities District No. 93-1 Chuck Williams (sm,&.p) (805) 265-8580 Palmdale, California Prudential Insurance 213 Washington Street Newark, NJ 07102 International Parking Design Richard L. Haskett (818) 986-1494 City of Santa Monica 1685 Main Street Santa Monica, CA 90407 Holly Ackley (310) 458-8721 San Bernardino National Forest 1824 S. Commercenter Circle San Bernardino, CA 92408 Phil Sebek (909) 884-6634 City of Burbank P.O. Box 6459 Burbank, CA 91510 Ahmad Ansari (818) 238-3990 Los Angeles County Department of Public Works 900 S. Fremont Avenue Alhambra, CA 91902 Angela George (626) 458-3104 Woodland Hills Parking Lot Modifications Woodland Hills, California 1995-96 Street Resurfacing Program Santa Monica, California Applewhite Picnic Area Contract No. 50-9A14-5-1 L015 San Bernardino, California 1995-96 Citywide Sidewalk, Alley cg Pedestrian Ramp Schedule 933 Burbank, California Altadena Olive Drain $714,804.00 Sept.1997 $604,686.00 Sept.1997 $727,343.00 Jan. 1997 $819,957.00 Dec. 1996 $1,961,859 Sept. 1996 $568,985.00 Aug. 1996 $412,282.00 June1996 $225,000.00 Jan. 1996 Los Angeles County Santa Clara River South Fork $283,265.00 Department of Public Works Nov. 1995 900 S. Fremont Avenue Alhambra, CA 91802 Reginald Grisham (626) 458-3122 Department of Transportation Robbs Gulch Bridge $811,118.00 1120 N. Street Contract 07-143604 Dec. 1995 Sacramento, CA 95814 Jagdish Patel (909) 305-1250 Los Angeles County Devenwood Debris Basin $427,298.00 Department of Public Works Nov. 1995 900 S. Fremont Avenue Alhambra, CA 91802 Reginald Grisham (626) 458-3122 City of Huntington Park Storm Drain Restoration $478,677.00 6550 Mi'.es Avenue Project No. 94-004 Aug. 1995 Huntington Park, CA 90255 Huntington Park, California (213) 584-6230 Los Angeles County Belevedere Drain $1,336,599 900 S. Fremont St. File No. C-1 Aug. 1995 Alhambra, CA 91802 Eric Gonzales (626) 458-3104 City of Irvine Aqua Chinon Channel $1,297,252 P.O. Box 19575 CIP 2276 Mar. 1995 Irvine, CA 92713 Irvine, California Ed Rozok (714) 724-7554 City of Los Angeles Sunset Boulevard @ $522,268.00 200 N. Spring Street Will Rogers State Park Dec. 1993 Los Angeles, CA 90012 Park Road EXX81253 Steve Vk'illis (310) 5734340 City of Rialto Storm Drain, Street and $350,000.00 Rialto, CA Signal Improvement Jul. 1991 Bruce Cluff (714) 820-2500 City of Huntington Beach Public Works Department 2000'Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For WARNER AVENUE MEDIAN LANDSCAPE PROJECT CC- 1051 August 1, 2001 Notice To Ali Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: This addendum shall clarify the limits of the project as WarnerAvenue between Edwards Street to the west and Magnolia Street to the east' - This is to acknowledge receipt and review of Addendum Number one, dated August 1, 2001. Los angeles Engineering Tnc- Angus OBtier, President -- Company Name By 8/10/01 Date Ali bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you Have any questions regarding this Addendum, please call Chuck Davis at (714) 375-5139. CGU I N S U R A N C E ® CGU Insurance Company ❑ General Accident Insurance Company Bid Bond Surety Bond Know all men by these presents, that we Los Angeles Engineering, Inc. as Principal, hereinafter called the Principal, and CGU Insurance Company , a corporation duly organized under the laws of the Commonwealth of Pennsylvania as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid Dollar ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for Wamer Avenue Median Improvements from Algonquin Street to Edwards Street Cash Contract No. 1051 Now, Therefore, If the Obligee shall accept the bid of the Principal within the period specified therein, or if no period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the penalty here of, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of August Y0 01 (Wdness) (Wine-11s) SS-0103 2.92 Los Angeles Engineering, Inc. (Principal) (Seal) By Higus 0-Bri-ElbX, Presi ent CGU Insurance Company (81( rely) (Seal) By Cand ons, Attorney -in -Fact ♦.oI CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y•_�:^'` .�._ ^,�..:�-�.•�.c:Tr..r�::�:�cA^r-?rr.^.:jl'..:•.::�:�+rFr.;:.. ..�.,`..,�^,r..., .r.:r.^ r�:.�^;r ::'�."S:r-r ...�;.'`, State of California y Los Angeles County of ss. h Public <3 On 8/14/01 before me, Logan OBrien, notary Date Name W4 True d otl.cm (a g .',lane Doe. N—y PuGC) personalty appeared Han.e{s) d Sgnarlt) f] personally known to me r❑ proved to me on the basis of satisfactory evidence ^; i? to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that helshelthey executed r ;1...................................•. the same in his/her/their authorized � 1 LOGAN O'BRIEN capacity(ies), and that by his!her/their �} to COMM. *1299970 a S "tis signature(s) on the instrument the person(s), or NOTaf tY PUBLIC - CAIMP tot S. 2 IOSANGflE5C0UNiY 2 the entity upon behalf of which the person(s) r r� My Comm. E;OM Apr 7, W Z <�......eeeeeeeeeae.eeaasee off eeeseeee• acted, executed the instrument. WITNESS y hand and.official seal. 5 Puce Nowy seal Know spnnuie d Wary Pud.c ` OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document t� and could prevent fraudulent removal and reattachment of this form to another document. rS Description of Attached Document Title or Type of Document: cy Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: © Individual r Top or murno ne.e ❑ Corporate Officer — Title(s): 0 Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 0 1 M kab" Naary Amashw • SM D. SM A—. po. Box 24W • 0~dk CA a, 7,i14Oi • - np WM&ry&g Pwd ho, 5907 Pworw GM TOEFrM 1-E00.O764W / CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On u us t 14 2001 , before me, Mark E. Shreckengast, Notary Public, personally appeared Candy M. Coons ..................................... a ' MARK E. SHRECKRGAST R ,z,`. COM111. #1269139 G. S ro 4 � NOTARY PUBLIC - CALIFORNIA S 2 ]G/ ,tij/ LOSANSELESCOUNTY 2 My Comm. Expires July 24, M � Place Notary Seal Above Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and o ial seal. AI)f - ( Optional Signature oFNot4ry Public Though the information below is not required by Iaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signtr(s) Other Than Named Above: Capacity(ics) Claimed by Signer Signer's Name: Individual Corporate Officer - Title(s): Partner -_Limited General X Attorney in Fact Trustee _— Guardian or Conservator Other: Signer is Representing: Number of Pages CGt—1 y' Power of I N S U R A N C E Attorney ■ -A 0328 5 9 2 KNOW ALL MEN BY THESE PRESENTS, that the CGU INSURANCE COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Boston, Massachusetts, hath made, constituted and appointed, and does by these presents make and constitute and appoint: Mark E. Shreckengast, Candy M. Coons, Amy Pratt, Joseph E. Cochran, all of the City of Los Angeles, State of CALIFORNIA each of them its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: Twenty -Five Million DOLLARS--------------------------------------------------------------------- ($25,000,000.00) and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Assistant Secretary, hereby ratifying and confirming all the acts of said Attorney -in -Fact pursuant to the power herein given. This, Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the CGU INSURANCE COMPANY at a meeting duly called and held on the second day of November, 1998: "Resolved: That the President, or any Vice -President, or any Assistant Vice -President, may execute for and in behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary; and that the President, or any Vice -President, or Assistant Vice -President, may appoint and authorize an Attomey4ri-Fad to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto; and that the President, or any Vice -President, or any Assistant Vice -President, may at any time remove, any such Attorney -in -Fad and revoke all power and authority given to any such Attomey-in-Fact." "Resolved: That the Attomeys-in-Fad may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizances, contracts of Indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attomeys-in- Fad are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attomeys-in-Fact." This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the CGU INSURANCE COMPANY at a meeting duly called and held on the second day of November, 1998: "Resolved: That the signature of the President, or any Vice -President, or any Assistant Vice -President, and the signature of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorney-n- Fad for purposes only of executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as their original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed." IN WETNESS WHEREOF, the CGU INSURANCE COMPANY, has caused these presents to be signed by its Vice -President and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary on the 29th day of December, 2000. CGU INSURANCE COMPANY .ice~ -di g,1956<1,11 Attest: 1u cJfg By E. Carroll —Assistant Secretary ��., t S en . Tracker — Vice President COMMA/ames WEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY On this 29th day of December, 2000, before me personally came Stephen J. Tracker, Vice -President and James E. Carroll, Assistant Secretary of the CGU INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly swom, severally and each for himself and sayeth that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of deposeth said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority at direction of the said Company. �xy My Ca Mon EiOAlnr Duo. $ P6o¢ • ti a, ,��� Patric meson -. Notary Public 'x4YA�"v CERTIFICATE (My Commission expires December 2, 2002) I, the undersign ,Assistant Secretary -of the CGU INSURANCE COMPANY, a Pennsylvania Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and furthermore, that the Resolutions of the Board of Directors set forth in the power of attorney are now in force. Signed and sealed. mated 14th day of August 2001 M yOOP 1956 t James E. Carroll — Assistant Secretary This Power of Attorney may not be used to execute any bond with ari Inception date after _ _December 29, 2004 For verification of the authenticity of this Power of Attorney you may call, 1-800-288-2360 and ask for the Power of Attorney supervisor. Please refer to the Power of Attorney number, the above named individual(s) and details of the bond to which the power is attached. In Pennsylvania, Dial 215-625-3037. SB-0027 3.92