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HomeMy WebLinkAboutKATO LANDSCAPING INC. - 1985-03-04NO" ICE: of (t)h PL[ T ION NO T ICE 11) HE'E:E E3Y GIVEN that thJ`� Cont.rlCt hel'Otofure awarded by the City Council I)F the City of Huntington Beach, California to KATO LANDSCAPING, I17C'—, _ 18182 Bushard Street, Fountain Valley, CA 92708 who was the company thereon for doing the following work to -wit: Edwards Street landscaping improvements, Project CC-585, in the City of Huntington Beach, California RECORDED irl UMCIAJ_ HECL1t+(�,6 OF nRANG I;O!INTY r1A! tl-(1F+'J1A -g SEP - �'85 That said work was completed by said company according to plans and specifications and to the satisfaction of the C ; ty Engineer Weer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach dt a regular meeting thereof held on Au list 19, 19£5 That upon said contract the Capital Bond & Insurance Comipany was surety for the bond gi%en by the said company as required by law. Dated at Huntington Beach, California, this _27th day of August 19 85. -� f\ City Cierk IS n ex-officio Clergy: of the City Council of the City of Huntirgton Bea:.h, California STATE OF CALIFORNIA ) County of Orange ) SS: City of Huntington Beach j I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk, and ex-officio Clerk of the City Ccuncii of the City of Huntington Beach, California do hereby certify under penalty of perjury, t:at the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Counci'. Dated at Huntington Beach:, California, this __27th day of August , 19 85. This document is solely for the offictAl buslness Of thr CitT of Huntington Beoc!,, as ronte:n- plated under Governcart Codo Sec. G103 and should be recorded Ptee a? chnrge. City Clerk and ex-officio Cierk of the City Council of the City of Huntington Beach, California •O'' ' .. Rcc ct,sn:nu:, nc�,•;f.!�iLx BY AND VAIL TO ,'I]) 0i HUNW,GTON L't_A('h Offtcr cif the, City Cleo, I' 0. Ilex 190 I fi IIr$•1�r I I ('�►+f L):'ta� NO1_1('J ()I'-CL)l•1PL1:110N G 14 .� NOTICE: IS HEREBY GIVEN that the c-.onti-act heretofore awarded by the City Council of the City of Huntington Beach, C,iI i fornia o _ IQ �� UECI11C.. _l.lill.�3-�S�tshi St. , Fountain Valley, CA 92708 who was the company thereon for doing the following work to -wit: Edwards Street landscaping impravementr., Project CC-585, ;n the City of Huntington Beach, California That said work was completed by said company according to plans and specifications and t( the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach dt a regular meeting thereof held on _ August 19, 1985 That upon said contract the was surety for the bond given by the said company as required by law. Dated at Huntington c�....:�, California, this 21stday of August , 19 85. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 21st day of August , 19 85. This document is solely for the officinl business of the City of Auntineton Bench, as contem- plated under GGvernmont Code Sec. 6103 and should be recordev foroe of ehArge. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 41 City of Huntington Beach Department of Public Works P.O. :fox 190 Huntington Beach, California 92648 Atten:ion: Subject: Certification of Compliance with Title VII of: the Civil Rights Act and Equal Friployrient Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Cash Contract 585 FAwards Strut- Landscare Lmrovernnts r Pro ct tJo. Title hereby certifies that all laborers, mechanics, apprentices, trai.nees, ;watchmen and guards employed by him or by any subcontractor perform- ing work, under the contract on the project have been paid wages �s-t rates not less than those require) by the contract provisions, and that the work perfo,:med by each such laborer, mechanic, appren-ice or trainee conformed to the classifications set forth in the contract of training program provisions applicable to the wage rate paid. Signature and Title r op CITY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTItiGTON BEACH AND KATO LANDSCAPING INC., FOR THE CONSTRUCTION OF LANDSCAPING IMPROVEM NTS ON EDWARDS STREET FROM EDINGER AVENUE TO THE COUNTY FLOOD CONTROL CHANNEL THIS AGREEMENT is made and entered into on this day of 19 �`�� by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, her einafter• reterred to as "CITY," and KhTO LANDSCAPING INC., hereinafter reterred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinatter reterred to as "PROJECT," more fully described as the landscape improvement to Edwards Street between the Orange County Flood Control District C--05 Channel and Edinger A,.ague in the City of Huntington Beach, California; and, CONTRACTOR has been selected and is to perform said wort:; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT Or WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, toC"LS, egaipnent, suppl &s, transoortatlon, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. 1. 4 CONTRACTOR agrees to assume the risk of all loss or damage erasing out of the nature of the PROJECT, during its progr.•ess or prior to acceptance, from the action or the elements, from any unzorseen ditticulties which may arise or be encountered in the prosecution of work, and for all other risKs of any description connected with the work, i-acludlnq, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance at work, except such as are herein expressly stipulated to be borne by CITY, and for wP11 anc taithfully completing the work wi tbin the stipulated time and in the manner shown and described in this Agreement, and ill 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 CoAtrac:t Documents 2,as hereinafter defined), the location or 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 or CITY. 2. Aa it is agreed that the Contract. Documents are incorporated into this Agreement by this reference, with the same force and etfect as it the same were set forth at length herein., and that CONTRACTOR and its subcontractors, Zf any, shall be bound by said Contract Documents insofar as they relate in part or in any way, 5irectly cr indirectly, to the work covered by this Agreement. "Contract Documents" as d etined herein mean and include: A. This Agreement; R. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specitications and sp�.cial contractual provisions, including those on file in the ootice of the Director of Public Works of CITY and adopted by the City Council of CITY, ar.0 any revis3o►is, amendments or addenda thereto; D. The 1982 edition ut Standard Speciticaticns for Public Works Construction, published by Builder's News, Inc., 30b5 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and pvcmulgated by the Southern California chapter of the American. Public Works Association and the Southern California District Associate! General Contractors of the California Joint Cooperative Committee; E. Did documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); 3. 0 , F. The particular plans, speciticat_ons, special +•, provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications aria not indicated in the Plans or indicated in the Plans and not mentioned in the ��+• Specifications, shall be of like effect as it indicated ands, G mentioned in both. in case of discrepancy between any plans, speciticatxons, spacial provisions, or addenda, the matter s;iall be immediately submitted by CONTRACTOR to the Department of R Public Works of CITY thereinafter referred to as "DPW"), without whose decision said discrepancy shall not be ad3usted by f CONTRACTOi, save only at its own risk and expense. Should there be an- c-ntLict between the terms of this Agreement and the bid or proposal of CONTRACTOR, than this Agreement shall control and nothing herein shall be considered as an acceptance of the terms o'A said bid or proposal which is in conflict t;erewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as :u11 compensation for the faithful performance of ch1s Agreement, subject to any additions or deductions inade under the provisions of this Agreement or the Contract Documents, the sum of Seventy-eight Thousand Eight Hundred and Eighty --seven dollars t$78,887) as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4. 1 1 14 4 . COMMENCEMENT OF P RrV ECT CONTRACTOR agrees to commence the PROJECT wi thiii ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within Ninety (90) calendar days from the execution of this Agreement by CTIY, excluding delays provided for in Section 11 rierein. 5. TIME or 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 shalt 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 wort; in contor.mance with the progress schedule set forth in the Contract Documents. C014TRACTOR shall coordinate its work with the work of itL other contractors, subcontractors and CITY forces working on the PRaTECT, in a manner that will facilitate the erficient completion of the PROJECT and ,n accordance :iith Section 4 herein. 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 or 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 premise;. 5. 1 .r 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set torch 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-; L- and perform all work necessary within the scope of the PRCJEC'1' ' i as the DPW may require in writing. Under no condition shall CONTRACTOR make any change- w!thout- l.ne written order of the { DPW, and CITY shall not pay any extra charges made by CONTRACTOR r that have not been agreed upon in writing by the DPW. Wben directed to change the :,pork, CONTRACTOR shall submit immediately to the DPW a written cost proposal reelecting the ert•ect of the change. Should the DPW not agree to such cost propo*al, the work shall be pertormed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost find pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted chance order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment sha1.1 be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the Sate the Notice to Prcceed is issued. In event of a delay 6. 4P in commencement at the work clue to unavailability of the lot) site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. B. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bones approved by the City Attorney: One in the amount or on-B hundred percent of the contract price to guarantee the CONTRACTOR'S taithtut performance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance t;hereot, and one in the account of f i tty percer t (50`d) or the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditIonalJ y 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 �)r replace the detective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRN(.TOR'S risk and expense. 7. 10. 'INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee o r CITY. CONTRACTOR sha 11 secure, at its expense, and be responsible for any and all yayment of income tax, social security, state disability insurance compensation, unemployment compensation aiid other payroll d�?auctions for CONTRACTOR an:i its otticers, agent,* and employees, and all business licenses, it any, in connectLOn with b the PHCU ECT . 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completer vilthin the numt;er of calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual I- mage which CITY would sustain in the even of and by reason of such delay; it is, therefore, agreed thza t- vONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum or one hundred dollars t$100) per day for each and every working day's delay in completing the wl-)'�v in excess of the number of calendar clays set forth in Section 4 herein, which sum represents a reasonable endeavor by tithe parties hereto to estimate a fair compensation for the foreseeable loses CITY would sustain in the event of rj . M and by reason ot such delay; and CONTRACTOR agrees to Fay said damages herein provided, and further agrees that CITY may deduct the amount thereot from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension or time and will not be assessed damages for any portion of the delay in completion cat the work due to untorseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restrictel t�i, acts of God or of the public enemy, tiro, tloods, epidemics, quarantine restrictions, str.iKes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall., within fitteen (15) days from the beginning of any such delay (unless the DPW shall grant a farther 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 it, in its judgment, the f.indinas of fact thereon justity 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 moor default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage causes by fire or other casualty at the job site for which CONTRACTOR a f :r 0 is not responsYble, or by the combined action or the workers, in r• r nowise caused Ll 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. he extenuz:d 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 tor additional compensation or damages for delays, iL respective of the r. i.»se thereot, and including without limitation the furnishing or material by CITY or delays by other contractors or subcontru..tors, will be allowed and said extension of time for completion shall be the sole remedy or CONTRACTOR. 12. DTFFERINO SITE CONDITIONS (1) Noti.,7e The CONTRACTOR shall promptly, and before such conditions are di.stu.bed, 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. Tne DPW shall 10. r t promptly investigate the conditions and it it finds that such conditions do materially so differ and cause an increase or i, 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 t•; Agreement modified in writing accordingly; �. I .1 (2) Time Extension • i L , No claim of the CONTRACTOR under this Section sh?11 be allowed � unless the CONTKACTO4 has given the notice required hereunder, j provided, however, the time prescribed therefor may be extended 1 i by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bia 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, it 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 or the PROJECT are in variation to the quantities listed in the bid scneoule. No claim by CONTRACTOR for an equitable adjustment in 11. I price or time for completion shall be allowed it 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 ot: the work, will be paid to CONTRMCTOR. 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 or 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 lest; all previous retained amounts. The final payment, it unencumbered, or any part thereof unencumbered, shall be made thirty-tive: (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Pavzonts shall be made on demands drawn 12. 33, 2 r �r 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 deiranded 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 contiact price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTI:'UTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, it any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure pertormance under Section 13 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 fulland that there are no claims outstanding against PROTECT for either labor or material, except certain items, it 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. 13. .0 {Y- 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, detend, indemnity and hold and save harmless CITY, its otticers, agents and employees against any and all Liability, claims, judgments, costs and demands, however caused, including those resulting from death or in)ury to CONTRACTOR'S employees and damage to property, arising directly or indirectly out or the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by CITY, sa-9 and except those which arise out of the sole negligence or le wili.lul misconduct of CITY. CONTRACTOR will derend any such suits at: the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of detense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CtTY by a court of competent jurisdiction. 19. WORKERS' COMPENSATION INSURANCE Pursuant to Calitornia Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against 14. liability fc•r workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One -hundred Thousand Dollars ($100,000), at all times incident hereto, in norms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, turnish to CITY, on a Corm approved by the City Attorney, a certiticate evidencing such insurance, salt: certiticate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or moditication of said insurance policy; and CONTRACTOR snail notify CITY at least thirty t30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 16 of this Agreement. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certiticate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. la. ., 0 20. INSURANCE A. CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, underwritten by insurance companie3 in forms satisractory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, its otticerG, agents and employees and ail public agencies as determined by the CITY as Additional Insureds.. CONTRACTOR shall subscribe tar and maintein said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than Three -hundred Thousand Dollars ($300,000.00) combined single limit coverage. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. B. CONTRACTOR shall acquire an errors and omissions insurance policy covering all work performed by it hereunder. Said polic!i shall. provide coverage for CONTRACTORS errors and omissions in an amount of not less than $300,000. C. Before CONTRACTOR performs any worLc at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance 16. ii. I - - - w i subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certiticates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in torte until the work under this Agreement is fully completed and accepted by CITY. a Tne requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnitication of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. DEFAULT AND TERMINATION It CONTRACTOR fails or refuses to prosec0,- the work hereunder with diligence, or fails to complete the work within the time sr,.-,cified, or is adjudged a bankrupt or makes an assignment for the benetzt 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 17. 6% J 4WiN!_ may have, terminate this Agreement upon the expi.ratzon or 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 clue tQ CONTRACTOR. 22. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upor, completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specitications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivery,' Fo CITY and become its sole property at no turther cost. 23. NON --ASSIGNABILITY ONTRACTOR shall not sell, assign, t:-anster, 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. 24. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITE` otticial nor any regular CITY employee in the work performed pursuant to this Agreement. In accordance with Calitornia Government Code Sections 1090 et aey., but subject to the exceptions therein set forth. no CITY official or employee shall be financially interested in nor derive any financial directly or indirectll, from this Agreement. 18. c 00 r 2 a . ATTORNEY ' S FEES Ii any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitles:. If any act�ar, is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said ?action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative: .and attorney's fees, costs and necessary disbursements arising out or the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. 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 1,S100) for every Str.,j Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set ott any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 26. NOTICES All notices required or permitted hereunder shall be dali--r^d in nr4r9on or by registered or certified mail to an authorized repr,esentatti/e 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. 19. E .i s 1. 27. CAPTIONS Captions of the Sectionis of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, moth ty, amplify or aid in •R .H the interpretation, construction or meaning of the provisions of ,i- this Agreement. REST OF PAGE. NOJI USED) 20. !+tj,'`���',_ .��Ylty`, t"�'d2t�Q1 y 411 :.� � ���»�t��.�v*',`•' �r�.�j'�i+�', :� ,l, • ! �jjtr'�j,'.'7i.�fl��r :,: ,.,t . err. � .� f .,++ l� , r+, , „ , ,.��� ,r N �I 1 PWAIJF. ,IM a �,11y(. ?,,-,{. ,r 1�, �, Mri."'VI'.r r 1•'�' :F .-,v.�11:7..:1.�'fi,r %Q�H.,�lj:,.a±1"r 1,�. 1!.r:..��`... ^t•r;. 2S. ENTIRETY The foregoing represents the parties. the entire Agreement between IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exec,itpd by and through their authorized officers the day, month ai, CONTRACTOR: KATO LANDSCAPING, INC. Michael Kato, President e. R Plaia, Secretary ATTEST : City Clerk REVIEWED AND APPROVED: JN:mr, 4/30/85 #3453/09431 iar first above written. 21. CITY OF HUNTINGTON BEACH, A municipal corporation Mayor APPROVED AS TO FORM: 0 Z - M - — JJ City Attorney I EDP -AND APPI3 NED: Director J,44,il;� :'3 V,i. _ � �fdrsi��� ' E` ::� ; = 1. t Y y „<£: , Ott; , ; � , � s f �; �y �: j � ��,� , ' �� f CAPITAL BOND AND INSURANCE COMPANY RIVERSIDE, CALIFORNIA MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: - That KATO LANDSCAPING. INC. Bond No. 001511A Premium included in Performance bond CAPITAL BOND AND INSURANCE COMPANY as buraly. are Paid and firmly *)Ourtd unto rT,ry nV LI"MTTMr.Tn?,I Pp-, CH as Principal, and as Obligee, in the full and just sum SEVEN ,ISEVENTY EIGHT THOU&SfWID EIGHT HUNDRED EIGHTY Dol'arsl% ANR8�06`�Vr-""' -.1 0,1_ J. lawful mon94 of the United States, to the payrin,3nl of which sum, well and truly to be made. tho Principal and Surely bond themselves. their and each of their heits, executors, administrators, successors and assigns, jointly and severally, firmly by thetm presents. WHEREAS, The Principal has arilered into a written contract dated . -----.5./ 3 D/8-5 with the Obligee for Landscapiug improvement-s on Edwards Z'treet, and WHEREAS. said contract provides that the Principal sill furnish a bond conditioned to gual'ant" f0f the peri -YEA R,z attar approval of the final entimare on said job. by the owner, against all defects in *ar%rran%hi;) and materials which may beCOMe apparent during said period. NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION 15 SUCH that, it the Principal sf,all indemnify the Obligee for all loss that the Obligee may sustain by reason of any defect-ve materials or workmanship *Mich "Come aD:)310]nl curing the aforesaid period. Olen this obogation shall be vf3id, otherA;je to remain in full loice and effect Signed, sealed and dal -lid — 9/26/85 t F5 51 tliilll I) 10 K,",T0 Lt`,NDzr,, PING, INC. 13Y (Witness) ITill") CAPITAL BOND AND INSURANCE COMPANY _ Surely) r CA JL,P,P,qcV.n y CI,IL 1..0 Ittarne ,. Alloiney .,n.r-*Ict ITE E714-, 0 �iw J(. �a ;yJ'��+F.'�.a .��1 P�: k•, }' f�Yffl"r::r�r� ,, i� �, .J.�4j;,�1`y, IT�1 ",�"�i��.w , S1. + � wl, 1 6 {} rJ � �. °� '+', !� ;r5 � ,.t;11�.�° Yr={i F •� d rely ,7 Fi 'i+ ����^,,�NS�id,�ST R ;�+, . plf k', it i•� ��,�'� �;5, �`�•,: r7` rFl •L�'r .4�( ,� N, "'cr p�,: .i : {,•r. ..r 7f t Y • rF. i�• r r ri :}i�lP 1. .):� � ��. �• 5-:+.,{}' • tF,, r. Tf I° .Y, !�; �� ;�.°n %�" `i .F :A �s f ,, � F ��'a �- ,i i 1i ,d•� }'. :�f4 -1 A r1: �e, fit, {;,ii ..1y .. fs , ,I'•,r .4f,;, .ti r .�. ,i ;� a-1 1 !- ,t .t "r ji�5 �:-,. `�::i .if^ t. •��^ r .�..,jl i.,: F in r 1'•r 1 1 {G 1 J. .��1./ ,! + Y,, el �•, i {. j �}(f. p•7 f.F ' I 7 upm'� rd .n• ,i ..�•, �' y r� h�` ��� 1 1 �1..11i t) .1 ll. tl �� CAPITAL EB,01vD AND INSURAINCE COMPANY GENER 4' POWER OF ATTORNEY HOME OFFICE: -- RIVERSIDE KNOW ALL MEN BY THESE PRESENTS, that CAPITAL BOND AND INSURANCE CO., a Corporati.on duly organized and existing under the laws of the Stale of California, and having Its mincipal office in the City of Riverside, California, pursuant to the By -Laws which were adopted by the Difectors of the said Company and are now in effect, which state that: "The Company President shall have power and authority to appoint Attorneys-ln- F:rcf, ai)d autrtort: t5 therm to execute on behalf of the Company, bonds and undertakings, .� s , contracts cat indemnity, and other writings obligatory in the nature thereo/, and he may a! arty t1mo in his judyment remove any such appointees and revoke the authority given r •- tO therm. Has made;, constituted and appointed and by these presents does make, constitute anc' appoint, subject to provisions and limitations herein set forth _ _ r• of "�rza�.e�.;,� • � California _.._ its true and lawful agent and attorney -in -fact to make, execute, seal and deliver as surety, l and as its act and deed, bonds and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof. The authority of such Attorney -in -Fact is not to exceed ON le ANY ONE RISK ' Seventy. � i.�h� Thous and_ iLht i:und,,,ed_ i:l �i;ti�,___ CJollars.._.. 78,387._00 Seven and.no/lCCths---------- ------------ And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had b0ell duly executed anti acknowledged by the; re:guk-.rly elected officers of tale Company in their own proper persons. IN WITNESS WHEREOF, CAPITAL BOND AND INSURANCE CO., has caused these presents to be signed by Its duly authorized officer, and Its corporate seal to be hereunto affixed this -- _: r_:.---._ _.. day of 19 "5 CAPITAL BOND AND I By — { ---, /Plf v S ATE OF CALWONNIA COUNTY OF RIVERSIDE ) URANCE CO., Ota this 2(thiay of AD ly. _Vic'• before the subscriber, a Notary Public of the State. or C.Illfornl,r. In oriel fur the County of Hiverside dory cunlmis:,101lC f arld cliidhfied, carve: Tony Jimenez, J► . Pri•. {lent of CAI'I?AL Eil.!'JCI AND INSUHikrJGE CO , to me peisonaliy to he t'!e individual and officer described in, and whU CX-!CLJIe:d the preceding institavent, and he acl%nowledge:5 the; execution of the same and being U, vie! duly sworn deposed 8 said tf►at ne is then officer of said Company, and that the seal affixed to the preceding instrument is the Comorate Seal of said Cumpany, & said Cotpumle seal to his Signature as officer weiv duly affixed 6. subscribed tee the said instrument by the authority & di►ecl►un of said Corporation, 8 that the By-L,%As of sa,:l Company, referred to in the preceding instrument are now in force IN T EST ihIONY WHEREOF, I have hereunto set my hand• grid affixed my Official Seal at the City of fll�eryldethe o,q anf.t year fitsi above wrillen L of my Publ •�11�11.1+111111/1/1/1111J1111.111�• gg cEoricE E. s11f2lNG NUINtY i U110L-CAL1100INLA • • ��� NUTARY 130hU IKILU IN • elly Lun 7v%%A n t m w e% ek tr b t I IiL 3 4" � Np•���O�N�it��N���t1���1����/1�����• e' .. ,, -,:' }}�? � �'. Y,t . Y+ �- ,-+7r::i•*, 'Rjr nti �Yn 7Yy 't�.:•na:1 �';t. G.1 i � 5'i (� i'x rt*KM'�1�i (Y,:}�r� F':Crf'� ti t.' ,t,.,',7 - - if Ss { )•I%i 1 .l -' + �,� " ;-rf •tY, .9�r f',,! �.�t rpP.l.. '•,. 'Y, .•'Isfs.. s� f .1'� :f [a 1 �: .t. � .i� � ':y l'Yi, sr.. r. l': 1 •.�"�7 .�1 A•. / f,^;f.'•':J'�'1 Sl, ,1, it.,. r�'9 .i.if ,� .t .i l.. ,.� '} .,r' -;�t+a, �,f; �tltlt'.,[lltl�aliiCNYFYin'r k7LKa"w;•i2ii3:G'1L'.13Y�.O.i..'.n`.�}:'��M,�;.sa5*A�f. 3A,',.;.'u.:x' .w2ji9e� f 1_.. .,_}r•:'[t •�.iai:t�_ .. ., ..r.. ' , .... _ . Yj}}'� ,1 S�'7 t�f -�i �' +.r...rr' r .,M++'�... r "1• S ..':•J't-r•.. i 1 �<� i 'S') ''�• t.,Jx',.S'(.�}••Y+�1, ocorci l Sherman -Douglas COMPNNIFS AFrofmmc. COVEF:AGEs f31Gk��rS c.t Ir,SL;rrlr�;'t+. I,�ti � _ t ,�<?�» f�rEstol �`trt.r�t, ;;,arc.• '(1 1 FREMONT I NUMINI TY A 1 'A.i. ;fit � !�7!` f..•I ,+ NAY, , . • - NATO LANDSCAPE 18182 BUSHARO STREET FOUNTAIN VALLEY, CA 92708 �T!vt's in,wt l7 I -At h. .. r•, c' .t' .n :f. 1 ; . .. .. - • _ - t ter nt' ...: •,p"S d'.. •♦ GFNERAI ItAH11 IT 1 AUTON10HILI L1AIII[ IT, EXCESS LIA!1'i1Tr �YrQHKE�RS' CQMf'EN�iAT+G"a• , A �'"`' TBD 100,000 I MP10YERS L IA91L IT', OT11Ea? •��ia��',:•�i'1'clt::."�">f�w�ai a."w.�'ic�wl�. "' '+�•s'r`ji Cancellatiun •� F,ywr•.w/,•r••S•-..rr�.•••rWM••�.rw.•rir.�,w►iMi+-..•i�rirr �r .. �Mriw•�•. �.�.r r.: •A. ..��.ww+• CITY f;l• FIUNTINGTON BEAC11 PUBLIC WORKS U PT . P.n. BOY 190 1lWiT I NGTON BEACH, �,A 92648 ATTN; ROBERT VokRTIN£Z 1 MAY 15, 1965 3J. . 'f 1 r'. • .1 Is � F t: . r4 ,:,f. - r tt i� ^r a S t:P.,}'i"' ^'r�'{'lr,;'. '•Y ''t. i, 5, ..f' a.Y. .f. M1 r; � k.,., .{'.; y•. .'� �k. �. 'd i^i•'� 2, .` !s , ,'. ."t +r .i, �,Y i i't.. ,�f. '.t: y. t,, �.f''•iY•, •� ear <��� , � ,'r.5 .W" fk ., .'I' y, •.k. .k. .1W 7,. •?Y L 7. ,`L' 1 14, .R � t., .d' .i.wy >n N ,�•4' ,r'S;: t•� �l •y. '.},. 4• �: X•; , i i.r t.��.. �... "1. .:4,^ '!` ^Y r✓ .�i,. f`. •ii••1.- Y` 'Y ,S �- ! .1 a.�, pr ., I S.l r L .,'o , , S'( a.. • 1 , , 1 �r` . S � i �'�' e. •i 'r. `i e�, .1: ,A•,. .. 1, ^'r 'r ` it , i .'k t., Y" `�J / ,lAr• •( I 1 `R. r, t l tr J i. A.. r-1111 4..F 7 •x rf 5 ,1tiw.. .'y. ,k •'i i a i f , . rss t k{ �� 1 k 1 ,' ' +� 'l4N �r'' ( ".�v. 'd' r�` k ,Y. _ r, '• f fY �e .ti ,�C , t r ;},; � • CI:I:, it.`!i, 1' /tt.4 rney Deputy C1t t rney! CAPITAL BOND AND INSURANCE COMPANY �`�� •�.= 4184 ORANGE STREET, RIVERSIDE, CALIFORNIA 92501 i (714) 781-2100 LABOR AND MATERIAL BOND 1 Bond No 001511 „.... CONTRACT BOND — CALIFORNIA PAYMENT BOND KNOW ALL MEN BY THESE .PRESENTS. That we, . KATC) I-ADSTAPn1GrfJC• -- C 18182 Bushar•d, Fount;riin Valley, Ca. 92708 �. and the Capital Bond and I;isurance Company, a corporation organized and existing under the laws of the State of , California and authorized to transact surety businr:,s in the State of California, as Surety, are held and firmly bound unto CM OF HlJt1I;%7W BEI',Gi as Obligee , in the sum of Thirty. J!im Do-oand Four_ Htmdred &_Fortand 50/ 10GUis _Dollars ($ _ _39:443_50 for payment whereof, well and truly to be made, said Principal and Surety bind themselves. their heirs, administrators, successors and assigns, jointly and sever, -illy, firmly by these presents THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH. That WHEREAS, the above -bounden Principal has entered into a contract, dated __ ...._ _ day of _ _ 19 __ ____.. _ _ " with the Obligee to do and perform the following work. to ---wit FOR 7TE 090FUCTI0II OF LAIMSCAPINC, I2•'if'Fi'QY1= 0M, Q4 M4AFiD: STRM.T FROt•1 EDTt'1:,ER AV7r.-F M ;HE CJOiJPiTY FU020 OOt010L, Qi4A1IV i. NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the parsons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by ,any such claimant, or any amounts required to be deducted, withheld and paid over to the f=ran; hise Tax Board from the wages of employees of the Principal or his sub -contractors pursuant to Section 18806 of the Revenue :end Taxation Code. with respect to such work and labor, Surety will pay for the same, in an amount tint a%ceeding the amount specific"d in this bond• and also, in case suit is brought upon this bond, a reason- able attorney's fee, to be fixed by the court This bond shall inure to the benefit of any and all persons. companies or corporations entitled to file claims under' Sec- tion 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this ___ _ _. . _. 3Mn.. day of - -__ ___Y_.... _ 19_85 .. _ t;ATO L. DSCAP1 C. TX. PktnFrIPAL No prerniUITr is charged for this bond It is executed in connection with a bond for the performance of the contract. CAPITAL BOND AND INSURANCE COMPANY By A,}�E S/�y !S] ATTnn.Fr e•F cart JANICirPtiill, r I•r..•v0•� \ ., ,i.a ..r. r FL �-.. 'Y S p•�,' '�.1',•fY`�" y;f Y�':'},'"fie Vl fi �m!AY �!M1!T%:r.{� ff 4�; Y+KAi!�,'� 1 �{r _ g'` •rY1J+ Y ` bi "'['1': J� iM'•;Y M .1 J 1.�(� �+.. ', ''Ll+ ! ,i. '1�+": :i,t.C,�r»;_ jj g �r .g•,i'. :,,.i •r.Y�r ., � r,�'} ,L }�. , •r, � f' il�r •*t::..,;y,, �, .; , �. i �,, i f'sf•+ r t +`..Y,''r . ' .r t) r ! r , Y� sb i. �„� Y: 4- Y F I r K. a!� ♦ t r, e r1 1,,{'�, b 9.. CAPITAL BOND AND INSURANCE COMPANY GENERAL POWER OF A rTORNiEY HOME OFFICE ---- RiVERSIDE KNOW ALL MEN BY THESE PRESENTS, that CAPITAL BOND AND INSURANCE CO., a Corporation duly organized and exis►.;ng unoer the laws of the State of California, and having its principal office in the City of Riverside. California, pursuant to the By -Laws which were adopted by tho Directors of the said Company and are now in effect, which state that: "The Company President shall have power and authority tc appoint Attorneys -In - Fact, and authorize them to execute on behalf of the Company, brnds and undertakings, contracts of indemnity, and other writings obligatory in the nature,• thereof, and he may at any time in his judgment remove any such appointees and revoke the authority givan to them. " Has made, constituted and appointed and by these presents does make, and appoint, subject to provisions and limitations herein set forth constitute its true and lawful agent and attorney -in -fact to make, execute, seal and deliver as surety, and as its act and deed, bends and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof. The authority of such Attorney -in -Fact is not to exceed ON ANY ONE RISK sl±vm-ErGn umsxi , EiGw ttvtmm � Eram wim ,urn no i t ooths _ 0 o I I a rs �,, 88 00 And the execution of such bonds or undertakings in pursuance of these present, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly electea officers of the Company in their own proper persons. IN WITNESS WHEREOF, CAPITAL BOND AND INSURANCE CO., has caused these presents to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this 'Ott, day of CAPITAL BOND AND IplSURAMCE CO., By F` es i de n t ----- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ON this 3=... day of May-____ _. ____ A D 19 95__, before the subscriber, a Notary Public of the State of California. in and for the County of Riverside, duly commissioned and qualifie-'Y came: Tony Jimenez, Jr., President of CAPITAL BOND AND INSURANCE CO., to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledges the execution of the sarne and being by me duly sworn, deposed & said that he is the officer of said Company, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, & said Corporate seal & his Signtature as officer were duly affixed & subscribed to the said instrument by the authority & direction of said Corporation, & that the By -Laws of said Company, referred to in the preceding instrument are now in force IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of Riverside, the day and year first above: written _��•������ot�••�000��oo�ooto�0000•�o I • utfic•ui. tit.ai. I GEORGE E. SPRENG • `�" WARY WN.IC --CALU OHNIA otary Publ -~_ = Mru+ar;x cc>�rr NMMII<�r�Ot�IfI1 t•i1tt�!`•••AM IN �,,•..,;. :; ":`5"`,�y.; �.:) ,�� i-r�•- .ias7 �Zf'gS �'7+'P?7%�'.':'?''rur,i �.*:a{!ni�f�'c FV{'i�• •J'i �'�r '. •'��.': �� ''1 �•^v .ty�✓ � �:,. •'�; i._a: ;rf :s< 1 ': f', �, i'7-.S'.;✓. .., i:• a,:'�+ Jr ,a.,'.n. �1:..5•a. /�"�, 14} ..� .t'M Is l�f ih �I 1 1ii j '4� t. (�+F, ��H a(( / a �r- .i.r t .I Ir; )) �,.'t ,r ,'v,.r • :�.1� -2 yr`.✓.. ,„i' rF 1 ) .,pk .c}• (, ri. .�� .t �'�_ .T, �� it i `, . { t+• ;j. i i.,y.::, iia•ws •'�. 1 i rl�l ti)•7� s�+: s. � i.' a Sig a ��r :.,r+ ., � .Y) :r '}. /l..y �L•, a, f } .ls $r�.,e;d.a' "e1 �.aq�K �,�r .F t� - "'h _ ... .rt+ i � i 1 •_ r� 1•f , - l , F^•7,f CAPITAL BOND AND INSURANCE COMPANY 4184 ORANGE STREET, RIVERSIDE, CALIFORNIA 92501 (714) 781-2100 BOND NO. 001511 Inlllal premium charged for this bond Is 11,518.00 subject to CONTRACT BOND---CALWORNIA adjustment upon completion of contract at FAITHFUL PERFORMANCE --PUBLIC WORK applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That _ _Kk LAfPSCAP1l`JG 2Nt.`, of-- 18132 Fughard. Fount i� -Valley. Ca.92708 as Principal, and the CAPITAL BOND AND INSURANCE COMPANY, a corporation organized and existing under the laws of the state of California, and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto DF_1q _._ in the sum of._1EVE-EIU9 110-M QG11T MJNDRM & i190-,TM1 A11D 1;O/1OXhs---- ------ for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs,admin- istrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated ._._ _ _. _ 19 with _Q�Y QE Mr IJG M BFAQt to do and perform the following work, to -wit: FOR THE C7JtOTWMON OF L V SCAPVC ON 12'hd'IMS STRFET Fit l EDT?rJM AVM E M THE a JMY FLOGD OOt'n'ROL CWLYEI... y r . r •'1iGC'a NOW, THEREFORE,if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void: otherwise to remain in full force and effect. Signed and sealed this_—_____ ?tI? __---_--day of ---.--_-- PRINCIPAL CAPITAL BOND AND INSURANCE COMPANY By *PU r �, _ A'1ORNEY-iN-FACT 1 i} t y• 1 :7 d,f:1. t^ . rt r' s .t 11 .k .r i. �r, 1 �r1'•y5,�"��7 ��r 4r +'s�v"4"'Slf'rr 11�P: 1 , .11 {cAiS r5+j ..S ['? ►i+x.^� Y1 '', F" , t , n, ;. •i.. �' i'i•( A, :. �• it r r. .14. �.. .I r} ► ,.. I` •1., 'i ij :i fii�d7&ixi:Sa.�'J.+�._�..•�:.. ., ...S:S -,: �} _.x.,.. �; ,: ,... '`i'�.'t;'•�. R ��i- yfift..I. i.I..virti I; I I I Ii\ I• I .Il\ tit 1111111111-It+ll Ili ,11 II Ill N It, ( If Ilt r !'. t I. I t! e, I tN I !lur11ir1rinn It!•,It•Is, 1' 1'►:.`hlfl N' A 7 r .r t i 5 i i r r, ! l a1 f! � A CERTIFICATE: OF INSURANC1 TO CITY OF HUNTINGTON BEACH, CALIFORNIA A MUNICIPAL CORPORATION r � S i. Y , { r :1 ? a I1 r 1 , l4 �s tt a 1 t it + t t r I ! t i rr r 1. r�. { Alwtow d at, to 1 -ni Goil Hutton, City Attornry It This is to certify that the policies of insurance as described below have been inued to the insured by the undersigned and are in folce at this time. It` these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 10 da, s prior written notice, by mail, to City of Huntington Beach, P. 0. Box 711, Huntington Beach, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETIn!: OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVF OF TH2 INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY "'HE CITY ATTORNEY. Name of Insured Address of Insured 1010r_ Z 1�W1 1� ti I — rljl rj i lA111 yfjl I r F LA 4ZilN Location of Work or Operation: to he performed CO-5 CHANNEL TO CDINGER AVE. Description of Work or Operations COWARDS ST. LANDSCAPING LIMITS OF LIABILITY NAME OF COMPANY Effective Expiration POLICIES IN FORCE POLICY NO. in Thousands (000) (INS.) GENERAL LIABILITY ( ) COMPREHENSIVE FORM S 5100,_. ..,"CS L Each Occuram:* [ 1 PREMISES — OPERA PIONS [ I EXPLOSION AND COLLAPSE HAZARD [ 1 UNDERGROUND HAZARD [1 PRODUCTS COMPLETED NA9704175 8-01-84 8-01-85 ORTHERN ASSURANCE OPERATIONS HAZARD CO. OF AMER I CA I CONTFIACTUAL INSURANCE I I BROAD FOk - PROPERTY DAMAGE [ I INDEPENDENT CONTRACTORS I PERSONAL INJURY AUTOMOBILE LIABILITY (XI COMPREHENSIVE FORM OWNED IAQ�n/1�no n_ nl _p ; 0-nl .n 5 Son CSL 10PTHFRN ASSURANCE lril Each Occurance (i . ()I. AME R I CA IXI HIRED IX I NON -OWNED EXCESS LIABILITY iXI UMBRELLA FORM 14LO2361 8-01-84 8-01-85 S-LOQQ _.. HUDSON INSURANCE C I I OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and AAG646645 5-11-84 5-11-85 STATUTORY AMERICAN EMPLOYERS EMPLOYERS' LIABILITY Additional Insured Endorsement: *rho insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards nod uny other City Council appointed body, and/or elective and appointive officers, servants or employes of the City of Huntington Beach, when acting as siich are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to an;i insurance of the City of Huntington Beach, as their interest may appear. Oat._...�.. INSURANCE COMPANY COMMERCIAL U'IIOf4 I^I" CQ. Address P.O. BOX 10190 City . C11 NUAi.F,sA 91' ly-U19— AUTHO01190i RE41ESENT43IVE OF INSURANCE COMPANY Address P.P. SOX 10190 City G1 rfJV >,LL , CA 124q-3130 _._..._ Tor HOLD HARMLESS AGREEMENT (to be executed by insured) The insured • .agrees to protect, defend, indemnify, save, and hriid harmless the City of Huntington ©each its officers, agents, and employee3i against any liability, loss, damage, cost, or expetac by reason of any and all liability, suits, claims, demands, judgrt+ents and causes of action caused by insured, his employees, agents or any subcontractor at by any third party arising out of or In consequence of tho performance of 0 or any operations or activity for which this certificate of insurance is furnished •(i) Sole Proprietorship I?► Partncrshi 31 Corpora on W Other {state) IfULD 0ARMLESS SIGNED: gy Insured: r, A —Title (All rumias shall be printed or types G. i►resovveaell:iynat�re.) t3yInsurerd: / Q.,L e,&, �S .._^...r_ucrp�y_ If Corporation TWO Officers muir' sigh, or prewnt eviduncs of authorisation to bind Corporation. 1 IN STATE OF CALIFOWNIA } COUOF Orange SS' t+1TY On this 26day of �►?,fir, i9 E5 , before me the undersigned, a Notary Public in and for said County and State, personally appeared ,lane Kepner i personally known to me (or proved ro ine all the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as Attorney -in -Fact of Capital 9ond and insurance Companyand who being by me duly sworn, did depose and say: that hu/she is Atturne:v-in-Fact of Capital Bond and Insurance Company , Lite Curisor- ation described in sad which exee:ut::d Lite foregoing instrument; that he/she knows the seal of said Corporation; than the seal affixed to said instrument is such curpurate seal; that it was su affixed by auEhority grantod to him/her in accordance witli tlhv By-L.:ws of the said Corporation and that he/sht_ subscribed the name of Capital Bond and Insurance Company as Surety and his/her own name as Attorney -in -Fact. 1' J o'I$CAL'`'AL (Notary Public) DOLORES GONZALEZ t -s NUTAW PUSvC CAL ORlru1 # _ PRINC,:PA ► OF f iCE 1N i ORAWA COIJUM Latin -stun lap htiF l;, 19V COMM OF Orange On this 30th day of Muy , 19 85 , before me the undersigned, a Notary Public in and fur said Cuunty and State, personally appeared Jane Kepner- _ , personally knuwn to me (or I)t-uve d to We oit the basis of satisfactory evidence) to be! Elie person whose name: is subscribed to thi3 instrument as Attorney -in -Fact of Capital Bond and Insurance Company and w1►u being by me duly sworn, did depose and say: that he/she is Attorney -in -Fact of Capital Bond ante insurance Company , the Corpor- ation described in and which executed the foregoing instrument; that he/she knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; chat it way so affixed by authority granted to him/her in accord"tice witli LhV By -Laos of the said Corporation and that he/she: subscribed the name of Capital Bond and Insurance Company as Surety and his/her own name as Attorney -in -Fact. OffIck sFu DOL ORES GONZALEZ WrARY Pude:C CALL MIA • `a PRINCIPAL OFT CE Ih CPANGE C XJOM Mj Cc.rnuu4n Esp. !zh 17, 1937 (Notary Pub0c) STATE OF CALIFORNIA ) 1S. COUN'Ar OF Orange On this 3orh day of �by , 19 85 , before me the undersigned. a Notary Public in and for said Cuunty and State:, personally appeared Jane Kepner _I persottally kno- :: to me (ur pruved to me utt the bash of Satisfactory evidence) Lu be 0 t•_ persun whose name is subscribed to this instrument as Acturney-in-Fact of . Capital Bond and Insurance C;ompany and whu bring '�y we duly Sword, did depose and say: that he/site is Attorney -in -Fact of Capita! Bond and Insurance Company the Corper- e-Lon described in and which executed cite foregoing instrument; that he/she knows the seal of :;aid Corporation; that the seal affixed to said instrument is such corporate sea I. that it was so af° &: vd by auLhurity granted to himiher in accordance with th'. Hy -Laws of the said Curp,:t stion and that he:/she subscribed the name of Capital Bond and insurance! Cnmpeay as Surucy and his/tier awn name as Attorney -in -Fact. W F IC:AL SEAL AEi i DOLORES GONZALEZ 11vrA+.'N PUBLIC CALIGRMI4 P"?NCIPAL DFTICf IN a C:iANCE couNn �� Caunus�e: Esp. J� t�. 19i1 (Notary lic) x �z - S= S i ! Y at{'' 9 r► : `�; t� I ,? 1.. i. t';3 ti °+1 li , i7��T� (+�rf.% Mh h %'t ,�� r � rt r r J.• ! . �. l}. �� .; 1, n, '+•P `t •r5.�{ ..i sK. lSl:,„r, �.: f � .a}-..r. o i +. ••r � •r f d rflr ,,:-• F%� y t„Y +, r' � -- tI Yr�r ti, �r 1 l4.YJ� S,r.0 t rr.. :.)?r S� �tS) h t. , s. ,+ �'! "�i r t 1 ' `✓ If 0 T �! r r •,� '.r t il�rit'�.a+�.'•i[r:'w+i'•I t,..li:^r `E �.�..- r.. _. '..:..E':)..i �".. 1 .r n t .. 'i . i r 3 T + 3 lit i i . f 1 J I t f a i 1 •i S , I /,1 r N, 1 ...1 YY �1 -,A .. ..hl ��. :-�. ! � i.' Y 3 !' f M•.1 , 1' +Y' if . i • r- '.!� ;,y�:- a I r,( y ..).L�+r t 117) t, 4, ,/ ., I REQUE '' FOR CITY COUNCFWACTION • Date At.gust 8► 1985 ; , 1 f APPROVED 13Y CITY COUNCIL r Submitted ta: Nonvrable Mayor -and C �. t f Coun: i ! j Submitted by: Charles ThaTpson, City ;ktini nistrator - 17 •'. ;: prepared by: Paul E. Cook, Director of Public 1-7brks /-�� �.-- '' "` r ` CITY CU:RK "?�• Subject. improvements Between O.C.F.C.D. Charmel C-05 and Edinger Nvenue"Z'� —5 Consistent with Council Policy? I;{1 Yes [ New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: << ;'lil,• Statement of Issue: Kato Landscape, Incorporated has cempletcd lar lscape and irrigat-.on improvements on Edw,ardr Street between O.C.F.C. Channel C-05 and rAinger Avenue for a final contract price of $78,887.00. Reccmw_niation: Accept the work and instract the City Clerk to file 1,btice of Completion. Aroly,s is : On April 15, 1985, the City Council awarded a contract to Kato Landscape, Incorporated for the landscape and irrigation. construction improvements along portions of Edwards S tree t . The construction of the irtiorovcm•}•nts is now amTlet.e, per the approved plans aryl specifications, atil therefore the Director. of Public Works recomnends acceptance of the projw.t and request that the 113otice of Completion be filed by the City Clerk. 'i'he following is a summary or. contract costs: Contract amount with construction contingencies Total contract price: -` Funding S -lute: City Gas Tax budgeted in Account B745850. PEC:RAM: lw Council AppE ave d $78,887.00 Actual F��Cpendi tyre $780887.00 4/" I VI 7 "s, T PV- jv, ;-J 7 !11� lg Was Aw 'Tlf w4u�al; Jji l,ly a, CIRCULATION PLAN OF ARTERIAL Z STREETS AND HIGHWAYS vomw IN OTV C"ICL AEUXU704 NO 45M - MC.2. IVM LEGEND' Ila— FREEWAY 31TUY CW4aTY MAJOR -- .4= PfafAMY 50= SECONWY —20M NOTE IMIC Lad$ rdows ts:6166 0404, CW aw am 04b" LJK% OCKA" AMM owtrA 00 mp" w "w •ums NO' OMMANLI afe"TJ 0MIK? Cjp r' REQUE . Y FOR CITY COUNO.ACT'ION Date April 5, 1985 Submitted to: lionurabl.e Mayor and City Council .. �� Submitted by: Charles W. Thompson; City Administrator �',•{ � � ,��'� Prepared by: Paul E. Cook, Director of Public WorksC��,;-'k3�,-_,.ti Subject: Bid Results for the Edwards Street Land> cape.rmproyeRie" CC 585 \ ''� / Consistent with Council Policy? Yes [ J New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Aiternative Actions, Attachments: C� STATEMENT OF ISSUE: On March 4, 1985, the City Council authorized a call for bids for the Edwards Street Landscape Improvements. RECON11ENDED ACTION: Accept the low bid and award the contract to Kat- r?^d.��.��iny, Bushard Street, Fountain Valley 29708, in the amount of $78,887.60 and reject all other bids. ANALYSIS: The project was estimated at $84,000.00. The bids were received on April 4, 1985 and are listed below in order of dollar amount: 1. Kato Landscaping $ 78,887.00 Active Services $ 86,990.00 3. Artistic Landscape & Engineering $ 97,980.00 4. Valley Crest Landscape $104,200.00 5. Allied Sprinkler Co. $105, 888. 00 FUNDING SOURCE: Contract Amount: $78,887.00 Construction Contingencies: $20,953.00 $99,840.00 The project will be funded from City Gas Tam Fund account 4745850. ALTERNATIVE ACTION: Reject all bids and advise staff on how to pursue with project. ATTACHMENT: None CWT:PLC: R10M:jy 4/" r ti DID ppppps„*%L FMA :to Landscaping , Tnc. Firms Name 710 the Honorable Mayor aria City Council, City of Huntin?ton Beach, California: In cacpliance with the notice inviting st..al.ed proposals for the Edwards street landscaping improvements between O.C.F.C.D. C-05 Channel and Edinger Avenue in the City of Huntington Beach. hereby propose and agree to enter into a contract to perform the work herein described and tc furnish the materials therefore according to the plans, speci- fications and special provisions for the said work and to r,�e satisfaction of and tinder the supervision of the Director of Public Works of said City of Huntington Be...ach, California.. 71w undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor frc n ac atidering any bid from any subcontrac-tor or materialman which is not processed Through said bid depository, or which prevent any subcont ractcr or materialman fzun bidding to any contract -or who does not use the facili-I.Aes of or accept bids frrmi or through such bid depository. For the fumis: ring of all labor, materials and equignent, and or all incidental work rdeve3vary to deliver all the irprovements cmplete in place in strict oon- faomnity with the plans, specifications and nperial provisions, on file in the office of the Director of Public Wbrks, City of 11untington Beach, California, I propose znd agree to take full payment therefore at the follmdng unit prices; to wit: TM NO. APPROXIMATE Q[IArTI'2TY ITEM WIM UNIT PRICE WRITI"F3�1 IN WOFTs UNIT PRICE � TOTAL Landscape and irrigation im- provements complete on Edward 1 Lump Sum Street between O.C.F.C.D. C-05 Channel and Edinger .Avenue at ^eventy Fight Thousand)er lump sum $ 78, 887.00 1 'Eight flundred Eighty --Seven Dollars 00/100.) i I P-1 It is understood and ce'""ed that the appraKimate quantftWes shown in the foregoing proposal schedule are solely for the purpose of facilitating the oartparison of bids. and that the contractor's compensation will be ocuputed upon the basis of the actual quantities in the om pleted work, whether they be rrare or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 90 calendar days. If awarded the contract, tha undersigned ;uereby agrees to sign said contract and furnish the necessary toads within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has exammined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract form therefor. The sutmi.ssion of a bid shall be conclusive evidence that the bidder has investigated and is satis- fied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be ftucriishad, and an to the requirement of the proposal, plans, specifications, and the contract. (ten percent of the total alliount of the bld AGccnpanying this proposal is "Bidder's Bond" not to exceed $8,400." ) NOTICE. Insert the words "Cash," "Certified Check," et t or Bidders Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that it shall ht. forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and tje undersigned shall fail to execute a contract for doing said work and to furnish good mid sufficient bonds in the form set forth in the specifications and contract doctnants of the City, with surety satisfactory to the City withi.r.. 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be reU-wnled to the tuxier- signed. Lim in accordance with an act providing for the registration of contract License No. 412196/ft-27 . /"fic11aL!1 Kato Signature of Bidder Business Address 18182 Mishard/Fountn in V,111ey , Cn 92708 Plaae of Residence _ _ SAME Dated this 401 _ day of April _ , 1985 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: Kato Landscaping;, inc. 2. Ad1ress: 18182 Bushard, Fountain Vallev/92.708 3. Tejephom: (714)966-6396 4. TyW of firm -individual, partnership, or corporation: Curpuratlon 5. Corporation organized under the laws of the State of: California 6. Contractor's License Nw ber : C-2 7 / r`412196 7. List the names and addresses of all tranber•s of the firm or names and titles of all officers of the corporation: Michael Kato, President Steven Kato, Vice President Renee: Plain A . Nti.vrber of years experience as a contractor in eonstnict i:can work: 10 v r s . 9. List at least six projra-ts completed as of runt date: coon r MASS OF DATE- AMOLW WWK CCHPI= IJ IM, AMPESS & PHONE NLMBM C)F Cat At<mm, ON 'mu'. LAKE: $ 344,305.00 C-27 1984 EQUIDON, MISSYON V1E.10 476-7010 ✓ REC NTS PT. Tl, IRVINE y- " 360,000.0 C-27 1985 M-1. )MOCK, GLENDALE 213/851-6767 292 000.0 !;-27 1984 S11ERA'roN CRANDE HOTEL, L.A. ' WILLIAMS & BURROWS, INC., TUSTIN 714/731-726 100,000.0 C-27 1985 TWFEfYY 11-11LE-CITY OF SOUTHGATE ✓ SULLY -MILLER, LONG BEACH 213/531 -3.550 40,000.0( C-27 1984 MEMORIAL HEALTH LINTER •11UNTINCTON HACH r MILLIE & SEVFRSON, LONG BEACH 213/894-6105 V PARAMOUNT TOWN CENTER 1w,000.0 C-2.7 1984 Y-0tTDER BROS., BURBANK i 10. List the nwe of the per3on who inspected the site of the proposed WDrk for your firm: R.D. B1,1111M Date of. Inapectiat►: MRCH & APRIL 11. If requested by the City, the bidder small furnish a notarized firwncial ctatament, financial data, or other infozmtion and refP.renees sufficiently arWehmisive to permit an appraisal of his current financial condition. P-4 n� i e1<' 0 aIGNATION OF SUBCONTRACT( In ompliance with the "Subletting mid Subcontracting Fair Practices Act:" being Section 4100-4113 of the Government Code of -the State of California, and any anrwnd ents thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor tAr- will perform work or labor or rr.nder sexvice to the prime contractor in or about the construction of the: work or .Innprovenent in an armunt in excess of one --half (1/2) of the percent (1%) of the prime contractor's trital bid, and shall further set forth the portion of the work- 4k.ich will hi done by each subcontractor, only one subcontractor for aach portion shall be listed. If `che contracbor fails to specify a subcontractor for any portion of the work to be Performed wxler the ocntracc-t, he shall be deed to have agreed to perform such portion himself, and he shall not be parmi.tted to subcontract trot portion of UN-- ,.,*r}c eft under. the conditions hereinafter set forth. Subletting of subcontracting of any portion of tare work to which no subcontractor was designated in the original. bid shall only 1v permitted in cases of public: Emergency or necessity, and then c l.y after a fi idi.ng Lvduceci to writing as a public record of. the Legislative Body of the owner. PC TICN (O' IM w ,WiCCUI'RACMR' S WT, W ADW ESS 51'ATE LIMNSE NLY41ER iUARS I By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub -contracts (entered into and bondli furnished by mt contractaor for this project. P- 5 mmenams aura Superior Court (WTHR STATE OF CALEFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH CITY CLLRK State of Cafiroh..ia ) ~^ CWZty aF Orarve )s" MARY E. HERBON That I a= end at all times betein mentioned was a citizen of the United states. over the are of twenty•nne yearn, and that I am aot a platy to, nor intertsted in the above entitled m^tter, thAt I am the principal clerk of the printer of tte HUNTINGTON BEACH IND. REV. a newspaper er general circulation, published in 061 City of HUNTINGTON BEACH Cotutty of Chtnr: and sthich newspaper is published for the c:is,eminstioa of loco: Darn And intelligence of a general charac- ter, and ahlch newpaper at all times herein mentioned tad and still has a bona ride subwription list of pain; subecnbers. and w6 h newspaper has been established, printed aced pub• tiahed at rtsgutar intervaLr in the said County of (range for a period ext**cling out year; that the notice, V which the annexed in a printod copy, has Mira pub6hed in the regular and entinr iurue of said newspaper, and not in any supplement thereof, as the fuiloaming dates, V. Wit: Mar. 79 14t 1985 I ,-*airy (or det•larr) tirdri renslv• of-ortttty I%,' the fo►ego- W4. is trt,ue tnd cotTect_ Dow at...... 6ARAEN„GROVE.................... colfixnia, W1 . 14 t h day of M a r ....... Mo... �.f HERBON .. . 8ic:rtun 'l �t fLL l.,.n NOTICE INVITING SEALED BIDi CC-G85 • - ....---r; �.cli't'tk(1 ti6tl.rlt tlitii � • ' W Wltlm tlet•tia Cky ~CoGa�.ntt!brCttsnrri Eba.�. ' I:aUstn4e' atl rtKtltu.ta�►d i�r the Lt.lertedr 8trtat tsttdr�luitrd tut, • ma•v it the Gin• d H t':tiiotie.io .ca�t�»a itNEW aced tirtti?iart'dx+r asd ttoe�Wasa oe file 41 QW attkt of tie'or V1 �..'icrkt~ Doctt.7tr s Ip Fu wa�i• axle m ttar�t 7, UOS.. 4 diitln d tl�wJ11 .at tr'vtnSN"', Wo G trg1"0 for Cab nt of ctAVA-r tW Md ►.4 09rn(nr :- uCad Itriri• Rwwky 1}m �trta ►ara• p4de an 1'rlwo►ds 8tr�rt hvim OCY.C!►. CA C wrAlCadP.dinptt,l.a- eur l.turp Eam ' Ice textrd�tla Mhb'tl�r pratbkas of :-sd" tM "%jC .Of Labor CrAl. the WA& d Catiln�nia Dim" d W Do. putstu cf la`dturt-.W Qa,�WCQ& Chap � eyptkaWr� M*-A . dam a of the I•�c.' ++reteet'r rats drttraututt:mt rri d at f,R nlr.x� ai . tie Cityy C1at ad t�► ttfta d tM Lure•' to of Putt• Watt it Ur Chi to Met• j iaptinttrrcb.Cattfora�ti : Ilres Cad tpa:ttGott%o., kttba %1%A ptcgnst tram wr be ait&Wd at ttrt nflkr of lt tM 1'� rwty -of PuWk %nr,f% City 91M 11=0'4 .r it arh• Cobfotni& No rid W12 ke tivi"d 0160 it is msdr as a bW fort fumuW try tl* of 7 td&. Werh 7u lvraw atua ti of pfnppWre bidden it eAW too* 11 uM014 *A fora W At t�Wrsi. to hill dbw1kw a to & ow autswu ire oppivamme f^"m a o itrir tot the war• ►Ww"b Gr+iad a M or by hiptics. � br et Hhe.ucs. 011" that ibe m;W tattrt k tt rwt '+t et tmvtw tttr "*w but W r!i NA tthhlet1"r to Wow* er ireteeur of ad dw a pall be rt tat >lrtt er war. ba de vA sommary or by- *e Dion d PWAk tr'arWL ran t+lebt tea► W t W to the raw at tM DwvtMe d ti'rrrn e►lfsrae sf W trtowtw d tt fist r r i+,a. 6wretnetisa d rttveMriro Ne my xmi% fM 6*' y tee C* to Mere pttt "WW ai:dt h Peril" kt sty or** I*k Pf"Wre. cf *1 IrWht- +anent WPM M ta*at oat fo b 10 t+ltt�tpld K t� aQw of #W err s►a:n IW P.tt a t4d 4. wi ad,** qwi 4 s #Mo*, d W t of i!1W .tom by MW M NRulr air li c� REQUL� F FOR CITY COUNCit . ACTION r Data February 21, 1985 Submitted to: Honorable Mayor and Ctty Council y: C. W. s:�n, City Administrator / Submitted b T��'• y Prepared by: Paul E. Cook, Director of Public �brks��� Subject: Edwards Street IzMscape Irt provwents; CC 585 Consistent wit`i Council Policy? (XJ yes ( J New Policy or cxcep Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: ST ' 4F ISSUE: Staff has ccut)let.ed the plans and specifications for median island landscapin, impr..:we- ments on Edwards Street betkven Warner and Edinger Avenues. REO-MM UATION : 1. Approve tTze plans/specifications and authorize staff to solicit bids for constnic•- tion. 2. Authorize staff to transfer $100,000 fran fiscal account 7405F►O (INL3ian Tnprovemantr,) to the nroject account 745850 (L•'dwards Median) . ANALYSIS: Each fiscal year, monies -are budgeted for the .landscaping of street medians. Staff has selected the median along Edwards Street, between Warner and Edinger Avenues, as this year's project. Sufficient funds exist in fiscinl account 740580 (Median 1iTVrmrenmts) therefore, staff requests Council approval of U.e plans/specifications for these median landsr..,ape improvements, an authorizatiui-, to solicit bids, and the endorsement to transfer $100, Ono from, fiscal account 740380 (Median Improvarents) to the prc%jest account 9745850 (Sdwards Median). The Department of beveloFvent Services reviewed the envirorunental impact of t;v.s project and has declared the irprovemexcts to be categorically exempt. FUNDING SOUR : EsEg_mted Cost of Project: $79,500 Estimated Construction Contingencies: 4,500 'Dotal: $84,000 Funds of $100, 000, budgeted in fiscal account 740580 (Median Ig)raverc:m':s; transfea-red to the project acc:ocmt 74!;850 (Edwards 3--di.an) . ALTERATIVE A+Ci'1 OVS : ber►y approval of plans/specifi.catior•.•! and the transfer of fur -Kling: and thcreb.y forego this project. ATrArCHN EMIS3 : Proeict Location Map Ui. : iIEC : DRN: j}► AMEhOMENTS KMr. ptt w .► w VIE CIRCULATION PLAN OF ARTERIAL STREETS AND HIGHWAYS ADOPM UY amr CCIUNQ. RESCLUTI IN NC+ 4368 - DEC 12. t976 LEGEND rREEWAY STREET CAAAL7fY +.c.r... MAJOR 4ao()O r , —• f'rnIm h t 3CLGO0 SECONDARY 2Q000 NOTE KyAt[ IN'S7PV.01 IMI KT NtttSS&RIJINAT( *,(Mf QIlA1 DASKC L.ACS r(ICA,t WAS rKRt NO h(/.• Or WAr rust, I ✓ 1,Ko"j ff 07 LOChTION A& CITY OF HUNTINGTON BEACH CRANGE COUNTY CALIFORNIA BID pFMK&AL FTCM f' (i Firms 14m / To the honorable Mayor and City Ccunci,, City of Huntington Beach, California: In cxmpli.ance with the mtiee inviticy stealed proposals for tt* Edwards street landscaping improvements between O.C.F.C.D. C-05 Channel and Edinger. Avenue in the City of Huntington Beach. I trareby propose and agree to enter into a contract to perform the work herein derx=ibed and to furnish the materials therefore a0cord.ing to the plans, speci-- fi.c:ations and sFm3ci.al provisionas for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has rrat accepted any bid from any subcontractor or vaterialman through any bid depository, the by-laws, riles or regulations of which prohibit m prevent the contractor fram ormsidering any bid fran any subcontractor or materi.a."lm m whi rb is not processed thmugh said bid depository, or which prevent any subcontractcr or matexialman from bidding to any contractor who does not use the faci.litie4s, of or arzept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver a.11. the inprcnw-ents ompleta- in place in strict con- f=ity with the plans, gxcifications arrd special provisions, on file in the office of the Director of Public Wbrks, City of Huntington Beach, California, I propose and agree to take full paymnt therefore at the following unit prices; to wit: IMN 140. APPROXIMM (X1AMM 1 EM WIM UNIT PRICE WRITTEN IN WOFUS UNIT PRICE T M%L } Landscape and irrigation im- provements complete on Edward i 1 Limp Sum 'Street between O.C.F.C.D. C-0 , Cha neI and_jEdinggr Avenue at per lump sum i 9 7, WO CO P-1 a I y It is cm-derstood and agreed that the approximate quantities shown in the faregoing proposal schexlule are solely for the purpose of facilitating the oamparison of bids and that the contractor's oampensation will be corcputed upon the basis of the actual gL=tities in the ocapleted work, whether they be more or less than those shown herein at the unit pricams bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 90 calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said ocmtract, and to begin work within teen (10) days from the date of approval of the contract by the City of Huntington beach, California. The undersigned has examined carefully tm site of the work oontamlated, the plans and specifications, and the proposal and contract forms therefor. The suLrdssion of a bid shall be conclusive evidence that the bidder has investigated and is satis- fied as to the conditions to be emountered, as to the character, quality, and scope of wwrk to be performed, the quantities of materials to be furnished, and as to the requirerwnt of the proposal, plans, specifications, and the contract. Acr lying this proposal is �� !l r'�n /' 60�- (Y ($ ) . NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to fuunish good and sufficient bonds in the for; set forth in the specifications and contract docu rnnta of the City, with $­ % sty satisfactory to the City within 10 days after the bi:r3der has received written notice of the award of the contract; otherwise said security shall be .returned to the under- signed. Licensed in accordance with an act pro vidirig for the registration of contract License No. D/ . 01 Signatur of Bidder_ Business Addmss1' Place of Residence Dated this y day of , Z 19 Bidder shall signify reoeipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature PROPOSED � Ii TiCN REQUIRED CF. BIMER r Bidder is required to supply the following information. Additional sheets n-ay be attached if necessary. .' 1. Firm Name (� /. 7L'C- r -2or- 2 : Address: ' �` ram_ 1 Z ��•' \ / �/1` C�i r/ [ ( )' . 1 e ep Axw �J JCi 4. Type of firm -individual, partnership, or cor;.oration: Cad r—' "° — 5. Corporation organized under the laws of the State of: 6. Contractor's License Number:: /,� o 7. List the names and addresses of all mmbers of the firm or nams anti titles �• of all officers of the corporation:.�L�l�; 8. Ntrrber of years s%perienee as a contractor in construction work: .2 9. List at lust six projects completed as of recent date: CGNI?Jcrf MASS OF DATE— AMOLM WJRK CCMPIEM IVdE, ADDRESS 6 PHONE MMER OF CVZMR )C, n � ��' �" �-! �'��_/rii�'y/ff�1f� 541 .f '7j �- -7� j 10. Lint the name of the arson wW inspected the site of the proposed work for your firm: Date of Inapec an: 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently oarpre.Junsi". to perm t an appraisal of his cm -rent financial coo► -di. tion. P-4 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Government Code of the State of California, and any panel rrents thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or impivve-ent in an amount in excess of me -half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work 4dch will be done by each subcontractor. Only me subcontractor for each portion shall be listed. if the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except =,der the oonditicns hereinafter set forth. Subletting of imboontracti.ng of any portion of the work to which no subcontractor was &. signated.'in the original bid shall only be permitted in cases of public -exgency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORI'ICN C F WORK SUBCC t?I?AC'TOR' S NAME AMID ADDRESS STATE IJMZE NUMER CLASS By suhnission of this proposal, the contractor certifies: 1, That he is able to and will perform the balance of all work which is ornrered in the above sub, -=tractor listing. 2. That the City will be furnished copies of all sub -contracts ent,3,1 ,into and bonds furni.%W by siixrontractor for this project. P-5