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Kato Landscaping, Inc - 1985-04-15
st r;"�o IM'0I RECORDk0 MAIL TO: o p LAIN OF HUNT!NGTON BEACH (Uffice of the City Clerk N. 0. Box 14C Nuntinvion l3r,01. Calif. 92rAp ;33341.6 C2 NOTICE OF COMPLETION ,AW-y CC-585 NOTICE IS HEREBY GIVEN that the contract hF-I-etofore awarded by the City Council of the City of Huntingtoth Beach, Calef•ornia to KATO LANDSCAPING, INC-., 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 RECOnDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -9 so AM SEP - 4'85 couwtr �, QECORIJEA I, That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a' 'regular meeting thereof held on Augi�s t 19, 1985 That upon said contract the Capital Bond & Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 27th day of August 19 85. c City, Cl erk n ex-offi ci o C erk of the City Counci 1 of the C,i,ty of Huntington Beach, California STATE OF CALIFORNIA ) ,County •oF. Orange ) ss: City of Hunti rigton Beach ) r T, ALICIA M. WEftORTH, the'-dulyihe'-d6ly elected and gWjfied City Clerk and -ex officio Ci er,k 'isf �. the Ci ty_`.Cnunci 1, of..,the Ci ty, of,� Hunt1 ng. n' Beach`;,; Cal forni a do,.hereby , :> cent fy� under penalty of:' perjury, that, t 6:,,foregoi'ng A TICE. OF COMPLETIO(�y'i s .,true recor�ied i n the �Offi ce .of tfie Coi:nt RecoLETION was .doily and'. regularly ordered., to be .. and:'correct;.•:and. _that, said NOTICE OF COMPLETION `of Orange County by seta City Council. Y 27th , day of ` 9 19 85' Oated at``HL ht ngton Beach, Cal i fornia, -this y August w Tbsdoc'ua►nent' is' solely far; the �r' ,` oftioii l business of tho`''CItY w of Hunt BRach..as cor►tem- Cit C erk and ex-officio'Clerk R ,..,,. p�.etod - undor, Govorr►mont `Cade y Spa; ' 6''' szid ah " id be :xyioorded of the' Ci ty 'CaunC11 of the:'Ci to ' 'of",! charge. of�Huntin.gton Beach, California '+'HEN RECORDED MAIL. TO: RECORDING nECUE$TEU BY ANO MAIL TO LADY OF Hl1NTINGTON BEACH Office of ilw City Clerk P. 0. Box 190 Htintini,tun Ue,tch. Calif. 9264F 85_3l'7698 CC-585 -CORDED 114 OFFICIAL REC.nnDs� OF ORANGE COUr1TY CALWOnNIA -2 219 PM AW 2 3 '85 NOTICE OF COMPLEnON 1 ` �'+` � ��F � V �'�(YIN H �1 NOTICE fS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City o` Huntington Beach, California to ,_XM LANDSCAPING, 1 r l 18182 Qushard St., 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 That said work was completed by said company according to plans and specifications and to t;ie satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted b the City Council of the City of Huntington p y g on Beach 'at a rE' .-ar meeting thereof held on August 19, 1985 That up!• said contract the was surety For the bond given by the said company as required by law. -Dated at Huntington Beach, California, this 21st day of _ August 19 85. . City--. Jerk and, ex�-of i ci o Clerk of the' City Council of the City of Huntington Beach, California '.... STATE OF.CALIFORNIA ) County qU Orange ) ss : City of Huntington Beach) 'C , ecte and A IA.M WENTWORT�i the duly el I,r LICi,i f?.Beaci tyCalfo andex, offi ci o tq+�a C n ton Clerk of; the it ounc�l of the �t of Nu y:: f y 9 h n'i a''do �., r ,.hereby :. .,, cert'if under : ena l t :' ofi er ur that` the :n NOTICE°OF •COt�fi'I.ETION: is.,.true ? P j. y sand correct, said NOTICE:':Gi+ frp�gp�Fforegoing .. , , was duly and regul ar ty ordered��-to ; be .. .-:and.',.,that ' he Of ce of the County RecordTION re4Urde"d in -the .• er of Orange County by said City Council. , ' ' d at,, Hdnif1 n ton ` Beach , Cal i forni a , th'i s 21 s't Date g' day ,of llugus :. 1 g 85, r•tr��f .t'I'xi, i !. •� . ,, . • ' ' Tbit� rdo�unont ia'solalx 't`or, the r Y •� •tr > ,^ii 4 oY!l,afel .business 'ot` ,hn°Citj of,.iiuut'in�tou Beech, Ci ty `Clerk and ex=off cio CI erk pi'at�d 'uitdrr fiove'rrimont Coda of t�,e ' c� ty Council of the Cf y ' Sic. 6103. ur3a shouId -be, rsoordod ''Pros of hunting*on E3r:ach, Cal iforrtia of cbarae. 6 � t City of Huntington Beach Department or Public Works P.O. Box 190 Hointington Beach, California 92648 Attention:, Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Cash Contract 5B5 Edwards Sti-eet iandsca I_rp Project No. Tithe royetments hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have bean paid wages at ,z aienot than those required by the contract provisions, and thatsthe worksperformed by each such laborer, mechanic, apprentice or trainee cvn.ormed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. signature and Title 1 � i 1 1t. �r ter t " 1 'N "PUBLIC: CITY FUNDED WORKS CONTRACT BETWEEN THE CITY' -T4rTrnmrx w, rAiggr nan Tcarph r.Annnijapym INC FOR' Mtf CONSTR,UCTIOH OF LANDSCAPING IMPROVEMENTS ON'.EDWARDS-STR7,ET FROM EDINGER'AVENUE TO THE COUNTY FLOOD CONTROL CHANNEL THIS AGREEMENT is made and entered into on this SA 4L day of 19 by and between the CITY OF HUNTINGTON BEACP, a municipal corporation of the State of OPto California, hereinafter reterred to as CITY, and KATO t"DSCAPING INC., hereinafter reterred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter reterred to as "PROJECT,," more fully described as the landscape improvement to Edwards Stroet between the Orange County Flood Control District C-05 Channel and Edinger Avenue in the''City of 11untington Beach, California; and, CONTRACTOR has been selected and, is 'to perform said work; -NOWO THEREFORE in consideration of the promises and agreements b.ere:Lnaf ter made and exchanged, the parties covenant and agree as follows: A& M! 1. 'STATEMENT OF WORK: ACCEPTANCE OF RISK • CONTRACTOR shall furnish,, at its own expense, allIn ..Ia r plAnt.' tools, equipment, supplies, transportation, and al 1 other' I'tems, services and facilities necessary to complete ,- and, construct -the PROJECT" 6 kmanlikein a good and workmanlike manner'. :o y.. CONTRACTOR agrees to assume the r!.sk or all loss or damage arising out of the nature of the PROJECT, during its ' progress or, prior to acceptance, from the action of the e:�ti: -`�,. t. elements, from any unforseen difticul.ties which may arise or be••-M,; encountered i:, the prosecution of work, and for all other risks �1 of any description connected with the work, including, but not 0L limited to, all expenses incurred by of in ccnsequence of the r., 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 mariner shown and described in this Agreement, and in .�. accordance with the requiremente or CITY under ttsm 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 actua4.ly performed, in accordance with the stipulated prices named in the Bid =• Sheet(s). '` 1 2. ACCEPTANCE'OF CONDITIONS,OF WORK; PLANS AND '.I SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinatter defineid), the location ox the job site, and the conditions under which the work is to be performed, and that. i t'%, enters into this Agreement based upon it's investigation of all such matters and is relying in noway upon }' any -opinions or representations of CITY. F 2. j1 �♦ __' '. yam.-. .. ,p, .. . _ 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 fcrth at iEngth herein, and that CONTRACTOR and its subcontractors, if any, shali 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 Speciticatiuns and special contractual provisions, including those on file in the office of the Director of Public A."orks of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. Public Works The 1982 edition of Standard Specitications for Construction, published by Builder's News, Inc., 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 it indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall f be immediately submitted by CONTRACTOR to the Department of k_ Putllc Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONT'MCTOR, save only at its own risk and expense. Should there be any conflict between the terms of this i Agreement and the bid or proposal of CONTRACTOR# then this �. Agreement shall. control and nothing herein shall be considered as an acceptance of US e terms of said bid or proposal which is in conflict herewith. 4. COMMENCEMENT 'OF PROJECT CONTRACTOR agrees to commence the PRCJECT '`within 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 CITY, excluding delays provided for in Section 11 herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each' and every provision or 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 conrormance 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 PROTECT, in a manner that will facilitate the etficient completion of the PROJECT and ir. accordance with 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 or the work shall be performed and the priority of the work of other contracrtor s,.subcontractars and CITY forces and, in general, all r:atte s concerning the t I iely and orderly conduct of the work of CONTRACTOR. on ' •the premi nes'. 5. r , i• 6. CHANGES ! CONTRACTOR shall adhere strictly to the plans anti i specifications set forth in the Contract Documents unless a change therefrom is authorized in vriting by the DPW. , CONTRACTOR agrees to make any and all changes, furnir-'r: materials and perform ali work necessary ,Yithin the scope or the PROJECT as the DPW may require in writing. Under no condition shall �. •* I l-CONTRACTOR make any changes wittiout 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. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal retlecting the ertect 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 pe,rfoMed or, furnished under this Agreement unless and until. a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY.Or)es not :warrant that the work site will be available on the date , the Notice to Proceed 'is issued. Sn event of a delay t> i 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 t-he delay due to such unavailability. b. BONDS CONTRACTOR shall, prior to entering Upon the ner:normance at this Agreement, furnish the following bonds approved by the City Attorney: One in ty.e amount or one hundred percent of the contract price to guarantee the CONTRACTOR'S faitt.itul performance of the work and to warrant such per tormanc:e for a period of one (1) year after CITY'S ar_^eptance thereat, ants one in the amount of fifty percent (50%) or the contract price to guarantee payment of all claims for labor and materials ..urnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmansh'lp, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days e'`ter notice by CITY of any defect in the work, shall have the option to make appropriate repairs `or replace the detective item or items.- .Upon expiration of such ten (10) day period, CITY may then`, make appropr-ate repair or replacement at CONTRACTOR'S risk and.expense 7, J'. V r 1 1 C _ r.: t t 0. iNDFPENDENT CONTRACTOR It is understood ana agreed that the CONTRACTOR is, and. shall be, actin at all times hereunder as an independent' 9 ., r contractor and. not as an employes :it CITY. CONTRACTOR shall c . secure, at its expense, and be responsible for any and all payment of income tax, social security, state d sabii1ty insurance com ensation, unemploymerit c:ompens .'_`ion and other payroli deductions for CONTRACTOR and its otticars, agents and employees, and all business licenses, it any, in connection with the PROJECT. 11. LIQUI DATED ' I)AMAGES/DELAYS It is agreed by the pazties 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 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 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 or one hundred dollars (5100) per day for each and eve::y working day's delay in completing the w.-3rk in excess of the number of calendar days set .for'th' `1'n Section 4 herein, which sum represents a reasonable endeavor '. by. the part.es hereto to estimate a fair compensation "for the foreseeablE=losses CITY w,w1d sustain in the event of and b reason or such dola and CQtiTRACTOR agrees to pay said .0= - 1 y _ y, damages herein provided, and further agrees that CITY mcly deduct the amount thereof from any mon2es due or that may become due to CONTRACTOR hereunder. CONTRACTOP will be granted an extension of time and will not be assessed damaaas for any portion of the delay in completion of the work due to untor:eeable causes beyona the control and without the fault or negligence of CONTRACTOR, �jr1 includ..ng, but not restricted to, acts of God or or the public enemy, tire, t1oods, epidemiu3l quarantine restr.ict3.ons, strikes, unsuitable weather, or delays of subcontractors due to �.•_ suet- causes. CONTRACTOR shall, within fitteen (15) days from the beginning of any such delay (unl,�ss the DPW shall grant a further period of time prior to the date of final settlement of the Agre-cment) , 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 findings of fact thereon justify the delay; and the. derision of the DPW shay. be conclusive on the parties A is not responsible, or by the combined action or 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 I the time herein f-vv=ei for f-l-ia completion of the uny-Ir shall be : A- extendedby the number of days the 1k--'ONTRACTOR has thus been delayed,, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen .1141 days or the comwencement 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 or CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice The CONTPACTOR shall promptly, and before such coliditions are disturbed, notify the DPW in writing of: (a) subsurface or latent phtysical cona:itions 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, U of annusua nature, differing materially from those ordinarily :-enc0 Untered and generally recognized as inherent to work of the ,character to be 'per:f armed under,t1rils Agreement. The DPW shall 10. 4 r f �. Z. INA F 4,1t. 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 +r, such conditions, an equitable ad3ustment shall be made and the t Agreement modified in writing accordingly;,'` (`l) Time Extension;, f No claim of the CONTRACTOR under this Section shall be allowed' »nless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed theretor may be extended by CITY. w: t 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule wi.11 not govern final payment. Payment to the CONTRACTOR will be made only tot the actual quantities of contract itnms uned in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, i': 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 solo ,w discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the .., c CONTRACTOR where the actual quantities used in construction of } the.SPROJF.CT are in variation to the quantities listed in tite bid schedule. No 'claim by CONTRACTOR for an 'equitabl,e adjustment in 11 •�, price or time for completion shall be allowed it asserted atter r- 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 5'• f, the work pertormed by CONTRACTOR and the value thereof. From each progress estimate, ten percent t lO%) will be deducted and retained by CITY and the remainder, less the amount of all 1 ' previous payments since commencement or 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 j .". determined by DPW, less all previous payments and less all �! -.,previous retained amounts. The final payment, it unencumbered, . or any part thereof unencumbered, shall be made thirty-five (35) 1" 'days aster the acceptance of the work and the filing of a Notice r oz Compietion by CITY. Payments shall be made on demands drawn ; Y 12. 54 i 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 perto-med in accordance with the terms of the Agreement and that the amount stated in the certificate is due under t.he terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall �A .C1�f retain beneticial ownership and receive interest, it any 3, { therein, CITY shall permit the substitution and deposit 4--= therewith of securities equivalent to the amount ot- any monies withheld by C1TY to ensure performance under Section 13 of this . Agreement. 16. AFFIDAVITS OF SATISFACTION OF CULIMS f After the completion of the work contemplated by this Agreement, CONTRA ITOI: 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, it any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withbold which have been filed under the provisions of the statutes of the State of' California', 13. , f a 1t. 1, e•_ '.y, .', l! i'. tii�Ts ! 4 , 17. WAIVER OF CLAIMS k4: The acceptance by CONTRACTOR of the payment of the W4-0f final certificate shall constitute a waiver of all claims ti � against CITX under or arising out of Chas Agreement. is & INDEMIFICATION , DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnity and hold and save harmless CITY, its officers, agents and i employees against any ana all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to property, arising directly or indirectly out of the obligations t=-� ` herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by CITY, save and except thr,se which arise out of the sole negligence or sole willful misconduct of CITY. CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any costa of detense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may by awarded to . • ;' CITY by a court of competent jurisdiction. .19. WORKERS' COMPENSATION INSURANCE Pursuant to Calitornla Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of y Mild code, which requires every employer to be insured against 14. 71 liability for workers' compensation; it will comply with such provisions prior to commencing pertormance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less thaii One -hundred Thousand Dollars ($100,000,, at all times incident 'hereto, in torms and underwritten by insurance companies satistactOr7 to CITY; and CONTRACTOR shall, prior to commencing pertarmance of the work hereunder, furnish to crry, on a form approved by the t;;' City httorney, a certiricate evidencing such insurance; said certiticate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indeii.nification of CITY by CONTRACTOR under &..'_on 16 of this Agreement. CONTRACTOR shall require all subcontractors to provide such workers' Compensation Insurance for all of the subcontra,*--tors' employees. CONTPACTOR shall furnish to CITY a L certiticate of waiver of subrogation under the terms at the Workers' Compensation Insurance and CONTRACT -OR shall similarly require all subcontractors to waive stqirogation. "'A I r rLl 20. INSURANCE (" �7 ' X. CONTRACTOR sha1L cac .y at all tizaes incident s 4:,� 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 companies in forms satisfactory to ciI y 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 ofticers, agents and employees and all public l agencies as determined by the CITY as Additional Insureds. i CONTRACTOR shall subscribe for and maintain said insurance policies in Lull 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 a*i errors and omissions insurance policy covering all work performed by it hereunder. � ►` Said policy shall provide coverage for CONTRACTORS y p g TRACTORS errors and omissions in an amount of not less than $300,000. C. Before CONTRACTOR per,torms any work at, or re ares or del p p, avers materials to the site of 'construction, CONTRACTOR shall furnish to CITY certificates of insu:.9ance 16. � t.r +r It J n s3ub3ect to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently Yn force and will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. a 'The requirement for carrying the foregoing insurance WIN cap' shall not derogate tram the provisions for :Lndemnitic:ation of t. CITY by CONTRACTOR under Section 18 o t this Agreement. CITY or ik its representative shall at all times have the right to demand the original or a copy of all said policies at insurance. CONTRACTOR shati pay, in a prompt and timely manner► the premiums on all insurance hereinabove required. 21. DEFAULT AND TERMINATION it CONTRACTOR fails or retuses to prosecute the work I hereunder with dilig' ence, or fails to complete the work within _ the time specified, or is adjudged a bankrupt or makes an F •� assignment for the bene tit of creditors or becomes insolvent, or I' violates any provision of this Agreement or the Contract. "Documents, CITY may give notice in writing of its intention to i i terminate this Agreement. Valess the violation is cured within `1 ten (10) clays after such Notice of Intention has been served on -} k CONTRACTOR, CITY may,, without prejudice to anx, other remedy i t 1 (IN X , • may have, terminate this Agreement upon the expiration of that5y�. l time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the;I ' deficiency in which the default consists and deduct the resulting costa from the progress payments then or to become due to 'COUTRACTOR. 22. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS r r r CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plaILS specitications; drawings, rQports, calculations, maps and other documents pertaining to - this Agreement shall be delivered to CITY and become its sole property at no further cost. 23. 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 or CITY and the surety. 24. CITY -EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY otricial nor any regular CITY employee in the work performed pursuant to this .; Agreement. In accordance with California Government Code t f Sections 1090 et sr-q., but subject to the exceptions then .in set forth,., no CITY official or employee shall be financially interested in "nor derive any financial benefit, either directl,- '• t or 'Andi.rectly, fri7mm this Agreement. h +` fir. ;,fit 25. ATTORNEY'S FEES - 10 y , If any action of law or in equity becomes necessary to`•j'� enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary di,sbur3ements in addition to any other reliet to which that party may be entitled. If tiny action is brougtit against CONTRACTOR or any subcontractor to enforce a Stop Notice or No: -ice 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 of 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 admi,nis;trative fee of One -hundred Dollars (6100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may seL• oft any unreimbursed cost n or expense so incur ted against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 26. NOTICES All notices required or permitted hereunder shall be delivered in 'person or by registered or certified mail to an j authorized repreaentatLve of the party to wham delivery is to be made,''at the cf lace bus1hess of such p � h party, or to any other � • ;`place designated in writing by such 'party. 19. ,, r t , �i Mr: e 27. CAPTIONS Captions o; the Sections of this Agreement are for convenience and reference only, and the words contained there-n shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meankag of the provisions of +f `TYE:i this Agreement. �=,4 ( REST OF PAGE NOT USED) entire Agreement hereto have caused this through their authorised ofrxcers the day. month and vear f:rst above written. 5 CONTRACTOR: CITY OF BUNTINGTON BEACH, KATO LANDSCAPING, INC. A municipal corporation Michael Kato, President Mayor rer>: ormarrut_ Darla KNOW ALL MEN BY THESE PRESENTS: That KATO LANDSCAPING, INC. as Principal, and CAPITAL, BOND AND INSURANCE COMPANY u Surety, are hold and firmly hound unto CITY OF HUNTINGTON BEACH as Cbligeo, in the full and Just sum �ISEVENTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY IaE sisN7�N$8 r�36t 00t.hs lawful money of the United States, to the payment of which sum, well and truly to be made, the Princinal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. CAPITALBOivD AND INSURANCE GENERAL POWER OF ATTORNEY HOME OFFICE -- FtIVERSIDE KNOW ALL MEN BY THESE PRESENTS, that CAPITAL BOND AND INSURANCE CO., a Corporation duly organized and existing under 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 e ado pted by the Directors of the said Company and are now in effect, which state that: The Company President shall have powar and authority to appoint Attorneys -In - Fact. and authorize them to execute on behall of the Company, bonds and undertakings, •� contracts of iradernnity, and other writings. obligatory in' the nature thereof, and he may cit "any time in his ud �nenf remove any such ! g 1 appointees and rovuhe the authority given teo tfaprn. -;,, Has made, constituted and appointed and by these presents does make, constitute and appoint, subject to provisions and limitations herein set forth =- _rJ�ne Kerner Of Anaheira, California ta, its true and lawful agent and. attorn 9 ey-in-fact to make, execute, seal and de er as surety, . and as its act and deed, bonds and undertakings, contracts of indernnity, and other writings , obfigatory in the nature thereof. The authority of such Attorney--in-Fact is not to exceed ON ` - z ANY ONE 'RISK Q'Avent:ti- Eli ?T� Thousaria Ei t Hundred EiSr�Dollars_. 78,RS"�•00 Seven and no/100ths�-__= ____..______________ ;, yM 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 .been di,ly eXecuted and acknowledged by the regularly elected officers of the Company in �•"! cneir-`own proper persons. IN WITNESS WHEREOF, CAPITAL BOND AND to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this INSURANCE CO., has caused these presents .__ day of 19 CAPITAL BOND AND 1J By._1r-:,s sxcxc. nt - STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ON this .2Gt}xtay of .: __SeP �. .mbaX'� ..A.D. 19.__�5 before !t.e subscriber, a Notary Public o! the . 5twe of Catilrnnw, in arW fear the COunly of Riverrside. duly commissioned and qualifi :d, carnt; Tony Jimenez, Jr., s Presidenl rot CAPITAL BOND AND iNSURANCE''CO,, to me peisunally known to be the individual and olilcer p. ' 9 ►n titer of said acknowledges tilt, executio of he same and ti�:screbed in, and who executed the preceding instrument, and he ack � � � faerntJ by me, duly sworn, deposed & said that he is t of Ccimp�eny, and that the affixed tb the pre.c. g Corporate''. eal of said Company, & said Corporate seal & his Signature as officer t �cdin in�trunn.nt is they. S , we're dulY alfixed it subscribed to the !;,3ed instrument by tCec authority 8 direction of said Corporation, b thal`lhe ay -Laws of said `Cdiiipan�, refor►ed to in the preceding instrument are no:; in force. IN TESTIMONY WHEREOF, I have hereunto set I iy hand, and affixed my Official Seal at the;aty of Riverside, the day <: ,� � y acid yew first above written. ' lli'FIC'IAI. �t:Al. E G + �'. GEOf�G � E. PR , a ' `, Qt�o►xttr i►�i�ur:-uu.tiesrN.� IN f0111erY !ft)r�tU Mal) . �? rf t Ntv[k • otary Punt � .�St► , star ctaurvlr t e My Cwmmw,- n Lmtwp% klub"+ fit 14ede! _. Ia�1�t•erilt►�io1le��ti�er�• , irr.r.Jj .i -+ e:c1 ,* ' NIIrIr�IMN fill W N, MEN. crorc It Sherman -Douglas COMPANIES AFFORDING COVERAGES Bfokers of Inswrcince, Inc. 2900 Bristol Street. Suite C-2CV4 FREMONT INDENNITY Costo Mesa. CA 92626 (714) 751.2575 NAME 06*40 ADDU55 C4' INSUPF) KA70 LANDSCAPE `��t._e.___.___.________.____ __________ 18 182 BUSHARD STREET FOUNTAIN VALLEY, CA 92708 itrltH This Is to cerlitytmsiWicies of insurance It sit db6o* hare tt--tm is-;j(-d to tmeitivwvj n:jn,td3te e 2-.r(,' ire in I. tce at Ines 1mv, Nt;,,-A,%hs vnc-ng any rvqwement. Ivrma or condition of any contr-&-t or other docurrerif'pith resp-'it to -oth vi this cettilcalt- may L4! iwlF or (-,Ily G trtr, rr, lht� irisijy,)nr� atfcrd(,j by I!w d---scW-x-d 1tarein is %utlect to XI the terms, exclusions a,-td Conditions of such PoI Limits of Lilbility III Thousall s 006) CON! PAN f E A T L J tj fil't I Iy GENERAL LIABILITY T� 111' Cf 4W4) E - I' s LET UR ❑ % -c"Fu VA y 11, p i., 41, CONTRACT )A, 1'4`.!jPAp*A 0AL441.1 F-❑ I I A I AUTOMOBILE LIABILITY El 110',qpf� If L 0 D EXCESS LIABILITY n 1jh!fjRj,tLA F 0 F) NORKERS"COMPENSATION J .4 an TBD EMPLOYERS' LIABILIT Y OTHER 1 i':: � r"'�::r, I s 3 100,000 11111 ) lull 40MAWS11115KIIIII DIM DESCRI111r)OP1 Of OV1•_AAfI0hS,j0.IVL(fP:t IS 7__ •► Z ttornDT Cancellation: Should any of the above dp.suibcd policies be c,:rCiI before thp. t-),piyalion date thereof. 1he issuin, com- pany w4jL QU;L,.UQr to mall day", witten notice to the below wityied certific,ML holder. 10011 CITY VA I SO 0 OF 1101TINGTON BEACH PUS LIC WORK5 DEPT. P 0. BOX 190, -vk HLRITINGTON BEACH CA 926,18 Z ATTN:,,ROBEP.T WTINEZ t r , r: APPROVED AS TO FORM: � GAIL HUTTO11. City Attorn©y, ' Deputy Cit t rnoy,� t CAPITAL EtOND 'AND,1N'SURANCE COMPANY 4184 ORANGE STREET, RIVERSIDE, CALIFORNIA 92501 ! (714) 781-2100 l LABOR AND MATERIAL BOND I€~ r Bond No. 001511 -CONTRACT: BOND --- CALIFORNIA. , PAYMENT BOND + KNOW ALLMEN BYTHESE PRESENTS.That we, KATO IR SGiPING, INC. 18182 Disturd, Fountain Valley, Ca. 92708 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 ^ f unto CITY OF HUTcl+larr W BEACH =„{ ,} asObligee i n the sum of Thir�}'-f1in�-' Thousand Four Hundred & Forty lhree and 50/ 100t4s ` ._ Dollars (S 39,443.50 for payment wherrsof, well and truly tote made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, theabove-bounden Principal has entered into a contract, dated day of '19 b!!-c ,with the C1_ '„r. to 'do and perform the following work, to —wit - FOR nE Crka'TRI,K n0li OF IANr=PING D PROMeffS ON E R41W STISM FROM EDDr-IGER AVENUE M 7HE CDmY nw.) OOM'ROL C3iAtd?a. NOW, THEREFORE, if the above -bounden Principal or his subcontractors fai! to pay any of the persons named in Section 318.1 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 overto the Franchise Tax Board from the wagesof employeesof the Principalor his sub -contractors pursuant to ; Section 18806of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon c g p this bond, a reason- able attorneys'fee, tv be fixed by the court. ' This bond shall inure to the benefit of any and all persons, companies or corporations entitled to fileclalms under5ec- M tlon 3181 Hof 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 :- ,Signed,'spaled and dated this30th_ dayof 19 8-5� i KAM LAPA.SCAPI2r, INC. P1J1Nr;IPA! s CAPITAL BOND AND INSURANCE COMPANY By AT10ANEYAN-FACT JAIIE i2KER, No ►erniu.n is char ed t p g for this bond. It is e of � In' Connectlowwlth a bond for the performance p ..once of 1hQ;Contract.. r Y 1, CAPITAL BOND AND INSURANCE COMPANY GENERAL POWER OF Q TTORMEY HOME OFFICE --- RIVERSIDE KNOW ALL MEN BY THESE PRESENTS, that CAPITAL BOND AND INSURANCE CO., a Corporation duly organized and existing under 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 the Direct ;rs of the said company and �tre now in of lect, which state that: t I. The Company President shall have power and authority to appoint ,, Attorneys-ln- authorize them to execute on behalf of the Company, bonds and undertakings Fact, anc! c contracts of indemnity and other writings obligatory in the nature thereof, may, , and he at Ahy, time in his /uc+gment remove any such appointees and revoke the authority given to therm." , A Has made, constitGted and appointed and by these presents does make, constitute -'' and appoint, subject to provisions and limitations herein set forth��'` AIM EEEM of A14MM9. CALTIMMrrA It s' true and lawful agent and attorney -In -fact to make, execute, seal and deliver as surety,� Ywrit; 9.;? and 'as Its act and deed, bond,, and undertakings, contracts of indernnit , and other in s at obli f 'g ory in the nature thereof. The authority of such Attorney -in -Fact is not to exceed ON =r ANY ONE RISK SOMY-EIW MRS M EIGHT KRII)RD & ErGMfY SEM N311Wths 8 Dollars 17,L87-00 And the eAecution of such bonds or undertakings in pl,irsuance of these presents, 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 elected 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 of'icer, and, its corporate seal to be hereunto affixed this 30th day of y , 19 .. CAPITAL BOND AND 1 SURANCE CO., By� es i den t �----, • STATE OF.; CALIFORNIA ) I COUNTY OF RIVERSIDE ) ON this -JDth_. day 'of a�.�y_... ____'A.O. 19.Fi5____, before the subscriber, a Notary Public of the y , State of California, In and'tor the Count ct Riv CO., to me personalty known to be it Individual and ofticr•� ` Y Y q y President `of ''CAPITAL BOND AND INSURANCEer r ersr�te, dial commissioned and ualiffed, came on Jimenez, J .r described in, and who exec•ited the preceding instrument, and he acknowledges the execution of the same and i b�ing hyf me duly sworn, deposed & said that he is the officer of said Company, and that the seal affixed to 1he + Corporate Seal of said Company, & said Corporate seal S his Signature as officer preceding .Instrd invent is the ! 1 p y, � d to the said instrument by the authority8, direction of said Corporation, &that the were duly affixed 8 subscribe ., . t3 -Laws of said Com an a erred to in the preceding instrument are now in force. y IN'TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the . city ,of , 'Riv ' rs Ide," the'day and year first Above written. �O�AA•AM�A�AI�iiA•�AAL�A•AtAffta•1• OFFICIAL SLAT. 5 GEORGE'E. SPRENG x •�, tvoYAttir Etiuuc-MIruMu NO I Aft tow I NUD IN .. atary Publ . VEk51UC COON � My WtWoum Enw4m Oaubw 11► 19r0 • i; CAPITAL BOND AND INSURANCE CON -: 4184 ORANGE STREET, RIVERSIDE, CALIFORNIA 92501(714) 781. B OND No. 001511 ► ttl ( ,I h d f thl b d Is .n a prem am c arQe or � , nn CAPITAL BOND AND INSURANCE CON -: 4184 ORANGE STREET, RIVERSIDE, CALIFORNIA 92501(714) 781. B OND No. 001511 ► ttl ( ,I h d f thl b d Is .n a prem am c arQe or � , nn +r. x . $.00 subject to CONTRACT BOND' CALIFORNIA adjustment upon completion of contract at FAITHFUL PERFORMANCE --PUBLIC WORK appllcoble rate on linal contract price. KNOW ALL MEN BY THESE PRESENTS, That KA10 LANDSCAPM, Irrc. of 119182'Ajabad, Eutain Wley. Ca.927(4 as Principal, ; and the CAPITAL BONG AND INSURANCE COMPANY, a corporation organized and existing under the laws of the t3-ite"6f`Califomia, and authorized to transact surety business In the State of California, as Surety, are held and ~' 41 firmly bound unto CM OF C__,._ i , In tie scam of &,W1TY-ED:W 711-101MD EIGW FMIDFM & FUG M-SE`VFa1 MID W/I(Mhs Dollars (S ) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs,admin- lstrators, 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 the QE t mm to do an&perform the following work, to -wit: FOR THE MgSTR LMON OF LMSCAPI G DFROVQ F1M ON1 XJAFZIS S'TRE£i Fi,Lt4 E�Itl i AVF? M TiiE tJDUT>7'Y FIAOD COMOL CHARM. \ r' ^L CERTIFICATE OF INSURANCE Approved as to Form: Cit)`of ifill; tiir;toil fit -as It TO Jeil Hutton, City Attorney Itts.& !)en,Uffce CITY OF HUNTINGTON BEACH, CALIFORNIA it lrllill toll Ileae.lt, CA 926411 A MUNICIPAL CORPORATION � This is to certify that the policies of insurance as dosc•ibed below have boon issued to the insured by the undersigned and are In (nice at this t(me,`if theso policies are cancelled or changed In such a manner that will affect this certificate, the insurance company agrees to;,give 10 days 'priorwritten notice, by mail, to City of Huntington Beach, P. O. Box 711, Huntington Beach, California 92648. ALL ' i ITEMS" MUST. BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY' AN ;T ` IY.D REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTOR }, N i,. ameof Insured = KATONDSCAPF i Address of insured-...1818? BUSHARD F0, NTAiN Vgl1FY..lCA_._.9270 Location of Work -orOperations to be performed CO-5 CHANNEL TO E D I NGER AVE . ,, Description of Work or Operations EQidAROS ST, LANDSCAPING h..f - �� AiE LIMITS OF LIABILITY ~NAME OF COMPANY Elf active Expiration POLICIES IN FORCE POLICY NO. In Thousands 10001 1lNS.) GENERAL' LIABILITY COMPREHENSIVE: FORM S CSL Each Occiinnce i I PREMISES -- OPEPATiONS 1 i EXPLOSION AND COLLAPSE HAZARD t I UNDERGROUND HAZARD t1 PRDDUCTSCOMPLETED NA9704175 8-01-84 8-01-85 1ORTHERN ASSURANCE OPERA710NS HAZARD O. of AMERI CA tI CONTRACTUAL INSURANCE t I BROAD FORM PROPERTY DAMAGE ' 1 INDEPENDENT CONTRACTORS I I- PERSONAL INJURY AUTOMOBILE LIABILITY IX) COMPREHENSIVE FORM iX) OWNED !lt.t??0�12�2 °-01-8 °-01-85 S 50o CSL IORTHERN ASSURANCE t3sth Occuranee 0. OF Ai E RI CA iX) HIRED IX) NON -OWNED .EXCESS LIABILITY 91 UMBRELLA FORM NL02361 8-01-84 8-01-85 s_ 1,,000 HUDSON INSURANCE C _ 11 OTHER THAN 'UMBRELLA FORM WORKERS' COMPENSATION AAGG46645 5- 11-84 5-11-85 STATUTORY AMERI CAN EMPLOYERS EMPLOYERS' LIABILITY '. ;Additional Insured Endorsement: The. insurer a reps that the City of Huntington Beach and its City Council, rind/or all City Council appointed groups, committees, commistiotu, hoards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the .,City ,of Huntington Beach, whey. acting as'such are additional insureds hereunder, for the acts of the insured. and such insurance shah be prirnary to any, insurance of the City of Huntington Beach, as their interest may appear, ;> i Date AUTHO 1 D NT IVE OF INSURANCE COMPANY INsustANCE COMPANY, UNION INS CO. By � RC1L INSQR6NCE, AGEi' By P• M 6x 10190 ; Name address _. Aadret�. City CLJ]rAl- E CA 9120 ..31:n GLE tiDALI: ' CA ��9- 26 t C clty i 1 Telephone HOLD HARMLESS AGREEMENT Ito he executed by insuredl - a . to protect, defend, iaderrinif save, and hold harmless the' City of Huntington Beach: its ,,a� nstBa P y . `oNicersThil gents, and emplo ees against an y liability, a•5s, arnago, cost, or expense by reason of any and all liability, suits; claims, Y 9 ) d s or any subcontractor or by atiy third party arising =demands, judgtrronq and �causas of 14trtioal caused b Insured. is em layees events Y employees, , •. , or which this certificate 'of hilt ran is`furnished. of the p. ca ofaH or an P ornivlt ^ -1 Sete Pra�iatorship (2, Pa►=nor a) Corpora (4) Other tstatnl " .HOLD HARMLESS SIGNED: By Insu►ed: -;.. "' Title Prgsident r " (All names shall be p►intad 6r typed ` helots each fipwtura.) By Insured: !Q Secretary ' It Corpoftllon, TWO Officers roust sign. Cr piow it eridancw of ttuthorlratson to hind C,wporst;on. s, , =�Y.r�� 1,4`-—�.�,`Y,��X �.liS k. ✓.. .. .f .t ..tM .3.Y f, , ., _ :i�". a .. .. x-, .. .. r .�..__.. _ - .F i•_ ,. �S �. .ti -x ., ate.,.,. -, .. _ ... ,-. ... .- _,. :. ,. :. _. .- .. ',-..._. t. .,. .•.. k y! RX'i .': -.,. .,• -._ ':-. . _ ... - ... .. -'r! .d><r x :. s.".•,. _, _.. :.: :..:.' wiVF��c�-�iCG r 4 C - a �•::. -<; :, - _ . STAtE- OF. CA1I'FONNTA.. ,. Oran r COUNTY OF cde - i ._. .. _ t Oita this d -: of - , a { ay .fie' 19 �5 before me the undersigned;' a Notary` Public" in and`'for' said Couricy= an State, personally a ��eared .lane. Kepner T 1 ti 1 j t.• personally known''to me `(or p Y proved to me on the. basis of satisfactory- evidence.) to be Lhe' person _chose name A subscribed to this insc-rum, as Attorney -in -Fact of " ,i Capital ;Bond and:lnsUr"ance:Companyand who being by me duly scorn, did` depose anda�►: `y chat liehilIL"� is Attorney-in-Fac:t cf Capital -Bond -and insurance; -Company... , eit Curitor- - f ati to described yin and which ,executed the foregoing instrument that he/she knows` the seal=of'said''Corporation that- the seal affixed co said instrument'is such corporate seal, that `it was so affixed"by' autlwrity granted to him/her in accordance with th.: 8y-Laws of` the said Corporation and that he/shl subscribed' the name of Capital" `" Sand, and.: Insurance Company as` Surety and his/her own name as Attorney -in -Fact:`' i ca OFFICIAL slX i URES GONZALEZ (Notary Public) i,- 4�_fhllnRYF'USC1C`-CAtIFORNUI I PMP*C'.Pal OFFICE IN i Uit,%-"' Coutirl CQUtiZ'Y'QP' Orange. oil this 3oth day of ny 1985 before me the undersigned, a Notary Public in and for said County and State. persurially appeared Jane Kepner pe�rsunally known to ine (or proved eu mu un OIL! basis of satisfactory evidence)' lu be the person whose name is subscribed to this instrument as Attorney=in-Fact of Capital Bond and Insurance Company and witu being by me duty sworn, did depose and `satin: that he/she is Attorney -in -Fact of Capital Bond and insurance Company the Corpor= a[ion described'in and which executed the foregoing instrument; that he/she knows the seal of said Corporation; that the seal affixed co said instrument is such corporate seal; that it was so affixed by authority granted to him/her in accordance with ttt�- ,► ByLawsof the said Corporacion' and that tie/she subscribed , the name of Capital Bond-.3nd `Insurance..Company_as Surety and his/her own'namc: as Attorney -in -Fact: WAIL- OFF,CIAL SZEZu (Notary Pu c) :-POC111 ES _GONZALSZ `- f PUMIC CALtFCWVIA 11 '. tPAi OFftC£lhHANGE CCe KW uum W.-AN , 77 } l „'- _ � rS ti .. •y.- R v �iv.tlfr.y "tin'r.r:K....:C".�.A..Y..".s...u.�...r�:w..:sh.a7...,�..J .+....G-.Y..iY++.)� .+«++lr ts. ... _ - _ - _ - - ,J L n :STATE-OF_CALIFORNIA SS: - COUNTY 'OF Orange _ r _ On. this- 30tti day of v 19 85 before me the undersigned, a Notary Public in und`fcr said County and Scat.:, personally appeared Jane `Kepner. ,. pers6nally known to Inc. (or pruVUd to sue uii tilt. bdSis W satisfa. tory evidence) iu be t the: person whose name is subscribed cu titi.. instrument as Attorney -in -Fact of ' Capital Bond and Insurance Gompany and who being by me duly sworn, did depose and say:: -hat he/she is Attorney -in -Fact of Capital Bond and Insurance Company the Corpor- ; at -ion 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 corporare seal; that it was so affixed by auz.hurity grantod to him/her in accordance Witil Cho ` By -Laws of the said Corporation and that he:/she subscribed the name of Capital Bond and Insurance Companyas Surety and his/her own name as Attorney -in -Fact. r J+ odd-is, ofMvL`EA(Notary lic) - " i DOLORES GOMZALEZ 140TARY PUBLIC CAilft3ilNU1 PAiNCIPAI MICE IN CRMIGE COUNTY l�, Coaunr.:,eq Es0. lull 17. 198I yW �--�-�._— ■ REQUE FOR CITY COUNCr."ACTION Date August 8, 1985 Submitted to: Honorable Mayor amY3 City Coun:il APPROVED s Y CITY COUNCIL' ` . Submitted by Charles Tbampson, City administrator - 19 Prepared"bi Paul E. Cook, Director of Public Works �` - _-1- .r �z'..�...T" ` CITY CLERIC Subject. Improvements Between O.C.F.C.D. Channel C-05 and Edinger Kvdnue " Consistent with Council policy? [x] Yes (J New Policy or Exception �..�, Statement of Issue, Recommendation, Analysis, Funding Soures, Alternative Actions, Attachments: y g hmenu: Statement of Issue: Kato Iaridscape, Incorporated has completed, landscape aril irrigation improvements on 14.. Eawards Street between O.C.F.C. Channel. C-05 and Edinger Avenue for a final contract's "price of $78 , 887 .00 . RecaiTnFsdation: ' Accept the work and instruct the City Clerk to fil z tbtice of Completion. Anal sis : On April 1% 1985, the City Council awarded a contract to Kato Lazrlscape, Incorporated :for the landscape and irrigation construction .improvem-.nts along portions of Edwards Street. The construction of the imrovements is now complete, per the approved plans and specifications, and therefore the Director- of Public t�brks recommends acceptance of the project and request that tine tbtice of Completion be filed by the City Clerk. ` Zhe following is a swnkary of contract. costs: Council Approved Actual 222Mi t ure Contract amount with construction ;. conUrygencies $ 7 d, 887.00 $781887.00 Total contract Brice: $78,887.00 �'. -ding'Source: City ^-as .Tax budgeted in Account 11745850. PEC:RPMr1w r. ti - r .. tr i . m rRCD-,Tf C7 LOCN7101 AmEhOWUNT1 tffDill N r! f K NV opa!_ I I CIRCULATION PLAN OF ARTERIAL STREETS. AND HIGHWAYS AWnM DY CMr*. W—SOLUTM NQ 45W" - DEL 12. 076 LEGEND: FREEWAY STFEET rAAACITY MAJOR Ao!= PfhUARY. SFECONWY -.M= NOTE: woo LaKs flew[ 1-191*4 WONT D.. "W WT ow" Lbdl Kcal "W" 004bg m M=&"%&V %AIWAT& MpMT OF *AT moo w uff 941r.3 ili", �,• '+eytt ,'mot ,f�� 'I �:; �; REUP' F'C)R CITY C1l�NACTION 0 Date April. 5, 1985 01amitted'to: Ronorable Mayor and City Council ,,, GO�}1~1 ►r'�n Stibrnitt(id by: Charles W. Thompson, City Adminis't for Prepared by: Paul E . Cook, Director of Public Works, �' oyw ',. Subject: Ba, Results for. the Edwards Street Land cape,,.• mprov eta fw Consistent wrtfi'Coun it Polio 1 Ixl Yes [ ]New Policy or Exce do ' Y ►� c� R Alternative AC�r6ns, Atta . ` "- endati�n, Analysis, Funding Source, chments:- r � Statement ►�f„ ssue, ecomm t "STATEME2dT 'OF ISSUE ;76r ttarch,,4, 1985,, the City Council authorized a call for bids for the 'Edwards Street Landscape Improvements. .v is r4 Accept'theDlowTbid+anal award the contract to Kato Landscaping, >,. 18182 Eus,,rd Street, Fountain Valley 29708, in the amount of $78,887.00 and reject all other bids "AUXLYSZS '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 La iftcaping $ 78, 88.7. 00 -2. Active Services $ 86,990:'00 ., 3. Artistic"Landscape,& Engineering $ 97,980.00 9. Valley Crest Landscape $104,200.00 5. kfti:ed Sprinkler Co. $105, 888. 00 '`FUNDING .' S'OURCE. Contract `Amount: $78887.00 cons ruction Contingencies': $20, 953. 00 $99, $90.0Q- P: x The reject will be funded From "City Gas Tax Fund account #795650. ,'ALT ATIVE ACTXON s Reject `ail':1, bids and advise staff on how to pursue with project. ATTACHr ENT: % None Cm PEC:R.1 I:JY CTI � ! t t„ - 5, .i `t'jt f ., 1l . t 7 J t + t. :. 1, •t. It 7 ' Co Landsctt ping th • 2�ID �P'FK�OSAL'FFiCM Fixms C � Rb the Honorable Mayor aricl,City Ocnuicil, ity of Huntington Beach, California': .,, ,:- zn Hance with the notice inviting sealed 'proposals for the , .. ., .. ., . P g P D '• 'i ,. Edwards sheet 1'an sca in imp rovements between O C`F G. .-C-05 Channel and Edinger Avenue in the City of Huntington Beactf. ►r 4t . '3�y..{..%f1��.lt, �f�', •t` ♦'C, �•fJJ+t ;,ii 7. .. •J 7N•jkhyli��r a a7fYty'�•. � It�ereby propose and agree ' to .enter '�.nt�o' a contract '„ . ".:as i ,; l+- . < �. } , , to � perform �1iC ,work her d�scr�.bea and?'tn ; fuz�i�.eh the ma `��'`a�'r' a tc; the "''plans ...,Vu , ,:..: +Cr iu JW ;fiefs l:'.-•. _-`' . . 'L.1 lCL. r. ials ; for o::qx ing spec factatiucros and: ial, ovisions for the saw work and too i - satisxaction : of _Pe Pr and'i�de=,;tsvpervision of 'ttie Dizt::ctor of 17ublic Works of said City of Huntington �►` r r♦ '��}3%�#�t��, 1�Ti� dtfrF .y, )7S`� ;' t:i'•. k s ii `k� ��:'. ��'.y Y� �.^.�t T ti : t �3�sY�y� � , . w, .,.. ,.,.:;a�, any h,fF,.;'y 1..sutxontra�ctaor or# t Z�et undersz has not b ' "1 ma' thr` r� a�gh an, b �,deposy tory,, the ' ; �j laws, zu7 e.��? orb r at c s f °f, awhiKch: it n..,. . or {prey,.rttthecontraorfrc�n:Rvoa�sider"?.ncJanYb�d. frari aiiy *�aubooi:cactor or ' •.'st� ti ••.-tiyR ! .t fi .t. s - rr17l;,,.�„5.,i r ,; ::Y t-.t � Ytiaterialnrrt�kich' is sat pacessed thr�o�igh said bid dep�astoYy, or, with prevent r anY.!subovntia"m "or maicerza]inain from b ddiriq to' contractor WY o. does not' use 1' `tine `facilities : of or' accapt bids from or tizrough sucr, bid` d ' i ; epos ry r , �� . .. ��(�' , °i}t11Tent-", 'or ,.the o water S tor �,dn fie labor; ials and inc ta1 . :wSrtnAN'�J ,a 11: `r -.. l • .., ' ` .... , �`"^,' .. rr ;n sHti_ de �WUrk 114CeBsaryto cis] iveaC' ei.l the rovanents ' lets in 'in `strict 'aon- f:.�f'1'if �.catioris .'spe�.al rovi ,tz t i in tY�e ortni. 1?. „ �: $P� i,.: Cali arxi ffzoe of ahe Direc*tr,. of Pub]. c morks, ity Huntington ,Beach, rnia, I C' of e: rryr fo agree Paym at 'the following 'unit prices ; to propose and a to *.ake full o t theref re ,`�f v P-'1 , 1 y .. } 7J•Mi �n�} US tood ;It unders,;ard that ,L-l$`t�'. the a `te E'S S ins th@� j.IbC,J : I ; .I Proposal ,schedule - axe:.solely for. the ; pratpose 'of,"Facilitating the: oa�par� son of kiid�t'. . ., the the'actual .'. at -hat �. he caont�ractor' s, -° Lion ; w 11 ', be oorc�Atted upon basis of. th ,,. q tities ,in` t'tie ccxt�pleted work, whether they be mare'or less than those shown herein at the t�iit prices Win the proposal. schedule. tk dersigned understands the contract time lirni t, allotted for the contract is 3. calendak Ada s. .� i , If awAMed the contract, the urtider's�i-g ed hereby agrees 'to sign 'said contract Ate),, •.Y� furnish the �es dry xiorids wif`. ten (10) days of the award of said ' contract; acid VN' to begin w�.irk''within ten. (10) ',days -from the date of approval of the contract by the me' City "of ' Huntington Heach California. i``�i,rpr,i''C,•.j a�_)��r„ �rli�'�� r �''? '. ..::, .�'i:J :. ,.: �r :� y ,''. j. .'•.; �, The`, undersigned has exaY car the 'site •of the work ventelated; .the'plansfi ...r� . �.,:_,.. ,. �...•.,,, �<'M/f1i.. , J►t .. y!, fad^ 1 i,.,,}, I,` '.1M {}Y;i'•�•kt.r, fi `,w . , r %r 1 and' specifications, t arxi .the; proposal ' arxi : oont racy'%rms ; tiietetor ,, The suknussion ter.` rof 'a bid "shill be ooncL t . ,, ,.. „•'• 8 .� , "� *.� i,nveeiagated anr3 is . sans= .,..,, ..,..: _/! , r.��vG �.�% f � 1.1]Liy L11G S�,k. :q:::,IA;Lr,. �.:. . , b�.dder ha , al y r ..— . f ied ;.as , to ' th�epQ rxiitiona to be er�unter©d ` as to thz character ity, a,nd , scx7pe the qua pities of matey of work to be formed pals to'. �'s to the r anent of the proposal.. plans, specifications, atxi the oontract r R Jj (ten percent of tiie to a amount of the bid t ry Acom yid;,., ., S prposal is ��B3dder's Borid" not, to exceeii: $8' 400:C I 'Z: S ':4lnsert ,c,WOld3," " " Or "Bidder'3 Bcn,a," as the case tified CieCk� may be, in an armovnt e9ua1 bo 'at least 10 percent of the total bid F�zicae, payable _w to the 'City, of Nuntir*ton`'$each. F*� !t i;.rit 2X ::fit ..'T-•t , 1.. ,5�. �,'it�'' The undersigned' deposits +the above 'rsarne security: asap �tai?LY ar�drrrag ess r s • r+) rd..r w +.Ir J;fn ... . d4C t' , g✓r' r L'. j hat st shall : be t forfeitsd' to , �'i of H in ''Beach : as hqui.dated damages fi case this' pr sal ' is ' aoce C�.� : and m w'icier'signed , shall' -f ii1 _to %execute a contract "fork doIiing .said :,work -: and'' to furnish good &xl ,'sufficient boMS ui the form , y sst forkh xn ;;the :�specificat%ns aid contract docu,its of the City, with suretvt satitsfactJory ty y _ noti.ce of the award of the cmtract; otherwise said security s to the Ci within 1.0. days after the b�der.'has received written` hall be returned to the under- signed.,, Liiens+9d''.`inl arcoidanc© with +an act providing for the registration of contract License /MichaelKato , ' f 1 r i is PRDP06ID INF10Fi WICK MIPM CF BIDDER eidder ,is`reguired'ta �supply the following fnforrnation. Arkiiti&ialsheets`may be attached if 'necessary. 1. Firm" .KKato Landscaping,, Inc. r 2. Address: 18182 Mushard, Fountain Valiey/92708 3. 'I'elephone:'(714)964=6396 4. Tjpe'of f=i n-indiv,Ldual, partratship, or corporation: Corporation' s 5Carpoi=atio�n'organiZed 'u� the taws of the State of California Contra�,tor s Licenses Nu¢nber: C-27/5412196 ' • List the firm or names arr3 titlesof ►'�. 17. all ££i��and cers of the corporation: , ''addresses o£ all members 0.f. � Michael Kato President A: Steven Vice ' � 'Kato Presi.drr?nt Rrzee i'laia 8. VUT66i of years experience as a contractor in oonstzuction work: 10'Yrs. 9. at least Six projects camleted as of recent date: } CCNTRAM ' CIMS ': C?F DATE AhfCXM 1- . PH' CCMPI 1r'`� • I�TAt ,ADORES$ & G'�IE NUMBER OF CKIM MARKET 'ON THE LAKE' ' 344,305.0 C-27 1984 EQUiUON.,MISSIO� VtEJO 476-70110 4 • b� �t.REGENTS PT. II, .:IRVINE 60. 004.:C 27 1995,M.U. I3MC6K, GLENDALE 213/851 " 6767 - �SHE RI., TI,/LA I .� i1984292.000.0 Cr27 IL15 BURROW5NC,TUSTIN 714/731-726 C 106 '000 ,0 -27 1 98S TWEEDY MILE -CITY OF SOUTHGATE. t; x" SULLY'MILLER, ?ONG BLACH 213/531.--3550 I' 4U 000.0-27 19$4 ER-I1UNTINGTON BEACH MEMORIAL 1�i.ALTH CENT ' MILLEE & SEVERSON LONC BEACH 2.13/894-6105 � iTER 100,000:0 C-27 1984 MOMDER B. , BURBANKB EROS' • e j. . q'I :pIGNATIOWOF,`SUBCONTRACTC : ,CCnpjj I Subcon gFa 'AdtAtki- ng M bI-".41 " ",0Se&tiz4100-41137 .t1WStAt0"of-, ifo i4:rmip"a azw6fidienti1diad thereto; each Tbrth-�161owiyof the'-f 'bUginess',ofA p Ce a I _646h4gibbbfi abto: I..E the 'Ace, t&•prim- C=Isim- contr6dtbr,,: in cii,,'A'bou W. 7 or 3n.an •amount-ii.excess of 'one-half' (1/2) 6i;.,pne,peri�dnt (Aj`� nd shal 6f the `pilfii',Ibon tne 1 P03 bic,"tor, s� total 'bid,,-;'' a" 1. 'f��r s6t f6i�� wbrk be do6d, by each iubcoaitracitor. Only one i6b6on'tiactor fore each portion shall, be 116ted. far any pbrticin, b ;wor zto. f,:th6 k specify a, *Perf th6 6ofitract, he shk1"66 6 d 6 "' - have A w a g iv e d t o ,'p"'e" ri` farm siu.c h Obidd, bhder. Obitionf elf t Im Iw w that 'perimt p -A , * !", , , , , ,, f the 1:1,ri6 portion o work,e=ept`m�kr the ca�6ditions hereir�a f ter t forth. , tt Subletting of bf,"'. s�traqtingjo any porti6h, 'of, tli6. no'gb��i� r f woi:k .=!-tbe,`orI `J-tAl bid on y permi :01i a cases . of "wa, CL tted in Public drily after a finding reduced to writing as a public record of emergency or. y wrl g the iagisiative Body of the owner. I o+'T;a ' Superior ouiirt STATE OF CALOPORNIA Ya Jig fjj:41&Cju jt of Or e CITY OF:-HUNTINGTON BEACH CITY CLERK 'State o� Csliforntt ') ' Cmaty of orange ' )� MARY -`E. HERBON That I_ am aad� it aA tirbei ksreta' Mont ioned;was a citiun`of Stre;Unitred Stateai ii thi aye cr t-e'nty-on e years, and that I aaa i,6t i'p , ty to pcx,iaterested iD tb' 'bove entitled matter; that I am t� principal ckth of the printer of the ` NUNTI�NGT0' BEACH IN' REV. a ni spap r of general cimdation, pubtisht4 in t.be City, of pl r w_.aw c4111A1T:T.ua,,rA . in&IF u u...... Coon!`yot0ieMnd1whicb�newsp perriapubfG6edl�o rthe. d4eAdinstioa of local ae+vi'and iriteiili�ence or sanetal chime• tir; ai�wliltb�nivspaper;et sllttmeabe eLoi'meritioaed turd aAd itiv b'as'i bana`ri&,Z aripUaa`lLt cl D+Yin[ rubscn'hen, acid "which aeasiipet,hai;been cetablish'ed, printedand pubs. tiahad at ie�ulu�intervals in';ti�e I `Couaty'pr. 0rari�c far "e period-.:'e reeding oae�.year." that .tlie -notice. of vhicb': e =neaed is e' printed';tapy, hai bevo,published in the molar and entire issue of said newrpeper.'and Dot in any supplement tberw, oa the rouowbig dater, to wit 'tdar, 7 r '14's 1985 I #rMfy (nr`decleee),nnder penilt of '^wrjury e forego- iat is but "d correct. Dstedlat G,ARAE,N`;6ROVE, ....... , . .. :... CoiQa,!14t hd Mir 85 ras.y . MARY HERB Sipaluue uo v r i. i t '77111111 r, -a ' {'!I ' •rp •., r •_.• ,.`, ..•.c�•.i y ;...•s,........ r..... ha .- a-...; }.-...1 ,.F . v.:�. _•a: .. .. ,.. .... ., r..e.... . . ' - • ... ..... .. . _.. ... ,. .�..... .. ...... .NJ^t• ..� � ..._,�•/+}: `. REQUEt';)f FOR CITY COUNG11. ACTION K, Fqbnmry 21, 1.985 .. _ Date . 1 HO • ., Submitted to: , notable Mayor `and City Council �o yob C. W. Thanpson, City Administrator Submitted by Cp 'Prapare'd by: Paul. E. Cook, Director of Public works et'- s Str t landscape rovements • (M 58S Sub'ect: Ed��tard ee �. 0 � 1 Consistent with Council Policy? (x] Yes (j New Policy or Exception '.:.s{,ya'SfiNitl �fM�="R7. •.,;(t .,:: a�i ,: �G?r r , `,> .': ; :• .. ;' , '�,�;�J`•- •MH•V'e..Mlf•yb .,a ... .. - ,. ; + ..'Yr Statement of( Issue;i ecommene. ;tio'j, Analysis, Funding Source, Alternative Actions, Attachments: fA r71t'1Lr1•Y iq J Vr'. .L►701u.: . !. Staff has-corpleted `the plans a.~id specifications fon: median island' 'landscaping improve- -on Edwaxds Street between Warner and Edinger Avenues. RECCNg; MMON : . s, �App=me the plans/specifications and authorize staff to solicit bid: for construe- 2, • Autiiorzze' staff to transfer:.$100, 000 iron, fiscal account 740580 (Median Dprovarents) to the 'project account 745850 (Edward: Median) . ANALYSIS:;,�z i, , w r : S' gbR. Each seal .year monies' are , ge for the lands ping of sheet ans Staff has selected``.'. the modian aloe�'} Edwa ds Street Warnes and er..Aven es as b be .. u "year!s 1"pro0ect . Sufficient funds exist in fiscal 'account 740560� improvements iii efo' re, s Pp P (Median: ' staff r ests Council � a � royal ' of 'the plans _for ;these ' mr�ia.an -; landscape xov�ients, an :authorization :to 'solicit bids, and the endorsement to transfer .$ibd'Ao0 from fiscal account 740580 (Median Improvements `to the project ; account`'#745850 (Edwards Median). 'The, Depat anent: of Levelo�xnent Servi', i t of this project ` ces reviewed the P.nvi.ronmental itrg�ac and has declared the i*rovemsnts to be categorically exenpt. Es tdd Cost of :°1?rojrc-t: , $79, 5Q•0 't Estimated Construction Contfrdncies: .4;500 � r ' Total $84, 000 4 7 ''Foos of $100 000 ixdgeted in fiscal. account 740580 (Median Imroverrents) transferrer ' to the Project acc oun 745850 ( Median) , .' •. . yrt ..a 3 tr ,. AFWATIVE'rAL"Y'IdtJ5 • ItI Deny approval o plans/specifications and the transfer of �.umliig, and thereby forego ' this project. ATT11CNr.�NI'S Project Location r&ip + CW4PW•D1V:jy tJl S '1'S '[y v1.• i t '3 � 'y .. ' , y • �l � (1H• i t .. _. rr ♦. .. . w •.. ���. ... .. . 1. "}.R' • } , � F .. • 1...� • ,...' ., I .Iv`. •. .�. I .. ..f. S.. "` t'i j •1 ♦' �,r �' r ..1 ...i'ii':V��OF,`,, CIRCULATION PLA" ARTERIAL STREETS_ AND ;HIGHWAYS ADOPiEA : 9Y ,' C TY ' 00L)I`M RESOLUTION NO 4368 DEC 12.1976 LEGEND ; FREEWAY STREET `CAPPiM .•.••. MAJOR __456000 1 �� ---- PRIMARY.- _3Q000 SECONDARY ._20DW J NOTE: l0.10 LOOS 04Gatc 0157*4 MGM? of rw,T -N01 KusSAwtt M140ATE POO ar WAY DASNQ LXV 11OCATE AREAS w►tptt No RoIt DW wo EXIST% -1 f ; i4r ....., I::,r•. Lr•. *.n.f, 1+ .♦ •w; 1. ^,I. t,.. C ) . .. - . -...,r .......r ... .. r . I. r•S. .'.{. .M i BID' PXrOSAL FFiCM JAU(74,, G-�" ('w. r.. 'i r . r FiXtns N&V ./ TO . i Hon�airable Mayor and City Gb�.incil, City of Hunting Beach, Cal fornia • f� _ r j t an chance thefsealed proposals for the Charnel a ,' P 9 x+ � Edwards gna EdingersAvenue in`theeCitysofeC-05 Huntington Beach. . r•t'yP•,a ��4'�� r31 V:��'tYM,.S ,�,...`M ,, e. ..1..7 �tl. r.f` I hexeby prvpese ;'arid ,agree to enter'°into a contract to<, pr�rfoicrn le work` herein . .t., 1 ^F • descar�bed and�`ryo ` furr�3eh the , matterials. therefore; aeooz�dii�g to � time plans:::.speci- ` fica3ons ar.-3 "+ ial. ions for the said work and t4 the `satisfaction Phi Heach� Califoznia� _ . City. � . d under, the aim of the Director of Public Works of said Ci of Huntii*onTo .,! �•,, , �_t .,1 `. '.i + r it : i.,*} >; t»Ai yi.,., J t -� ~ �«,'• }fr`''yu� y Lr ' •a `�T✓ �7LZ � cf�} � �it}1�{i{�. •Y.TY ,•.1 , 1�`Xj.l : ;tic+r , %•y t� f . '±'ni, f�i��✓�{f ..y . .\. 4Y• ' .i4'. } ^...-.-• The ikU' rszgNid has r not, a any b�.ia fmn any; su}acontsactor , or ^' naterialman ., YAY' .t� r ': a<t. a r ,. ...I Nt 1 4.hX, •;..,., j I yrR •j ;tHv7 +,•Y7••rr:•. j s r:+ 1..1- ,,<..: i ,r M• tions ; of whiciirAprohbit tihroh' any "bid 'depository the 1rry laws rules _ or regula xz ' 1NA _j F ... ; i'.•+ ro=,, F .Aa �, L ui '..��....:.` • ,.srta,».�.w t or? p�ev�entr� the contractor fixm rxi iideri.x ,:any bx d • tznm � any�y�1 n r or 5 N ♦1. t.r•�7 ''br ,ly>a Ws.i"t�f,r �t �., I� Qrf11r I.. , 111i1tei3 a21ti3Yl not i which ie pz-oc�ssed' agh sand bid sitarf prevent or wtu.ch event 'any it3d ix� y�tract�or `,whb . does not `'use e�uboontractaar' ox materialman fr�xn b to any, c+on aoe�t race or thra the facilities of or bids f such bid a � •' . , ':. f- _ �A�1 dej�Osltor}� t . , +. 7^!(r ( i .v i• t - , i fbx� tine ,6v.ill: 11k6r,j maber is and equipment; t and or a11",-incidental s C.-., q ... 1 tlf tl 1 •.•a. r 1 t': s r } j,>;. f• C " w�azkf neoessaryr to delivex: Simpraven:�ts cxxnplete lI1 place' tr .fore ty with the - pl an9, t. Specifi'catioru and ; special provisions, on f - in , E , con- offic�e ': of : tiae �irdct6r ' of Public Works, City "of Huntingt,c3 Eeach rnia, ' I A^ ► f , ` Cali o • Pr as `'to `oaks full' p2iyment therefore at: the following tuia.t'pr�.�es j;o ITEMS APPFCK MAZE ITEM ; WTI'fi ^ UNIT. PRICE UNIT { WRI71EN 1N WtiRQS PRIG Zl7I'AL ' . <<.:. Eandscape ; and 1. irr�.gaUO'n; ,, proveinents, cramplete'on''.:Edward 1 lump Sum Street :•between O:C. F.C. D: C-0 Char nel and" ding r Avpnue at IVA4 fy �' per lump 'sum `� 7 oleo, 6) J 1 , , i [I �r]Y �r!� T�-•'. ' sec' ew ante c�uan.tie3 ShOFltl in the korego It �ls ui:derst.00d, Arxl ,,agr �', that th proposail schedule , are t solely ''for :the purpose of fddllitatun .the', ocxnparison of bids arr3 Mtt the' vontractor,ocac�perisation w� ll . be oa"tputed',upon the basis' of #die actual . y quantities •.in `the � c crp eted,:work; whether be `more or less than ' those'` ih6y h re��ein''at th+o unit prices" rid'`in the roposLAI schedule. 7 e i:ridersigned understands 'the contract time limit allotted for the contract is T: cal'endar says. �r '�'b A�+� 9.-:,� If ,awarded the contract, the undersigned' kf saidt . . ,...r . , . ereby, agrees' to , contract "and furaish;the necessary, bonds 'wi.thin'�ten (10) days of the award. of said "contract, 'and .. •n• Y to'begin',wntk within ten (1b):'4ys'fran the date of approval of the contract by the City of Hun 'tu3gtun Beach, California. �3r,. 3. • .. �N'rI«z�K,tS 2"he undersigned 'has ` exarnirsed careful the site'' of ,they work con fated the }'flan ,.' ,_1 �...rF'• • t .'.'- �.+;'s... ��� ', tst�1,[•V7..,tiY,.Pti! lY�. ., r . � ,: , ._, ,,. p�-opo ,� act, fo�rms� :therefor. r,The suianission .; and f fications and .the sal ai�dr' vontr J -4 itt• 11 , I 4' � , f•�!' a3�..'l4t;;' • ,n .. 1 � of "a bid shill be conclusive evLdeilcer that the bidder has investigated:;and is;aatis- ,. s .sll0=n � l oond.tions � to ,be . . tered, � as ,to YiiCLi. the ,,character;,,, ir and , cif iwork to be formed, the quantities 'of neterials ta. be i shod.,� and as to'the equisecrnt of ' the proposal, plans, specifications, and the contract. , this�Pzoposai� is i�rCJl5,• NiOTICE: > Insert ahe� words. 'Cash, "Certified Check, or "Bidder's. Bond," as the ;case n�iY♦'be, in an amoiirit e,qual to':at least 10 percent of the total bid price, payable to'the'"Clty.'of Huntington Beach: . -, ..ram `w, Zhe unc3er9igded deposits f ttie above ;rune seaurity' an�'aid : ♦t`, l s •'x t. ,+Yif:c1(�r, 'tl" c �~•N •r: ^,a2r �ih'.f?, ' , , stems , ' i r a , ,..1. Stw, a:. �. Y,,,.L' ;nrr:-.. ,.v+t.�.,, 1 ,• `y L. , rrt Y"r— ,�fi:ypd•.. �,.r.,.,. ..t ,. qJR t that it�;sha].1 be�?forfeftedtothe City of Beachas ].iquidatedamages ., 7l :'.; .0.+...,. ��ht. the C case • tfus is accepted by, ity ar:d the urr3ersigned shall ;'fai i to; execute R "' to th a �acontirac�t.jfor do said work `''sh good' and sufficient bonds in ing�- a form s@t-,.forth Ahn r, •>,,r, n G`l sUrety . r the=ty;. f1C8t10 .4,. ty, oc�nt�cact � documents of '.the' �wzth of_thee,rim'of Nhe oon#ract, otherwise said se=ity shall be returned 'then entice to � wxth3n 1p da. s after the .bi�idP.r has receives wr to the under- hicer�sed in acoordance with an act providing for the registration of contract Acense _t I3c�. ff D% SignatuArd of Bidder Business A& ess y Q hhr i L9t Place of Residence Dated this 7 ' da� of Y , 19 • r Bidder shall signify iM661pt of all ,Addenda here, if any: Aadeiidm No. Date Re�r.3wed Bidder9 Sig ature f M .:. .. . ...-..,.....--...�..... ...........�.r.A `. f. ..- .::. IrT..^L { " '-I••t" '"t S1: •rr .}. •:J• ..1-. (r �w I.' t ir DESIGNATION 63 •SUBCQNTR.ACTORS � r. .tL'�'r''tiaF.Ketl•j .,���•;'`:•..ar�'1�:,➢';ltr '3.r.VI'.,.' :,.,,.+'.,. I�� - ;In��cchanoe �w�.th the r "Subletting `andSuxz.�ontxacting Fair Pract.ces ",`being ' .D•2F..., at••., ,/ ; is :. -�9. ;ut S~ Section 9100=4113 of the t Code of he State of"California, and!any ;:':ra.cryG�i11.G ,CJIIClltta�,�'�:5: r73rrw..+_ ,r:•., ..t^rsat� ;,�,��,.w• ` theretoXeach b dderi shall set 'forth: keel' t!j f ° s s r, Iaw `ice Zoca on of . • J ,;1Rc a(nk;.i. i ..� ::. ,i'ti+ �. s)?i .. � }� �►: tit u;1 t1 �+ the :placet-of Abu xne s of'�each, subco�ztractor`wi�o.wi parforr work o i lakxir or 4 e .y,,.. r h,wksrl"rt�L�:s• fic. J.y r sltr �y •r,+l�,:t.,a a'r✓. •t'Au r , tt�.,..X reru3er service to;`the r`prune contractor `in; -or about ' .. , .. •' .nc+i�i72a4 ✓irm:f"" sr+• .iJ trC w - , .:. •,.:., _. ,.�.Lo � `or fro +gum 't excess of one -Half one, fff ;the of , ttie work tg ravet in an un an ' ea►ce (1%2) `oc one oert (1$ j of `.- j► the''priJrie'"`aontractor'stotal bid, and shall further set forth' ;the 'portion of the wtiich''wi21 be`Jc3ore' each sutc�ortr ctor. y subcontractor for each ti. by a one `portion sharw, listdd. 'iT, S% S }4, ' 1if" t' •ia: :' Iv,1't'i ;ail ,, ! �i t! t•yE.• the gbhtr ctaor fails to. f a subcontractor, fori any fz If, ' J t t. fY,,t.rtion of 'tYie work'to �Q+YL�ec : ram'•+.: :*e .. ,� specify- �1.1 .:� ,t., +. '.;'�. � , �.••7^., k7E t QEL'fOlitl9d UndE'1� the dchtract he P-e ed :'to Vie ai io uiih porticvi himself, and :�e shall mt' be pinutt-d tro st�2tra tire' t ct tha portcn of work eaaCePt under the ' oo�iditions hereinafter yet forth. ' tiro a�,vHlfF''�'•'tx"V`j+s + l:! ir4rt-�t�'1N,�G+➢ .'jl :V_.,. :,.L :t�.., .s" �it}n,.. iSt blettiiw of su?�contracting of any portzon of the ;v�ork to which no' suboantractor was ae6ignated in ; the ' original ;bid :shall only be . permitted in' cases:, of pub erte or.` recess' ty, am , then . city after a finding reduced to writing as a I+ {' publicrecord of the slative i�ody of the'ownE.r. x