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LANDMARK FENCE CO INC - 2000-07-17
Fa CITY OF HUNTINGTON BEACH lBINTERDEPARTMENTAL COMMUNICATION TO: THOSE LISTED HEREON FROM: Robert A. Martinez, Project Manager DATE: June 14, 2001 SUBJECT: RETENTION PAYMENT Bluff Top Park Railing Replacement Project, CC-1134 Landmark Fence Co., Inc. The conformed copy of the Notice of Completion for the above contracts has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Date: r BERT F. BEARDSLEY, Public Works Director I certify that there are no outstanding invoices on file. Date: i L A F[REI NRICH, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed. Date: �! / CONNIE BROCKWAY, City Cle Cc "Progress Payments" RAM: GIEng\Martinez\Word Docs\Retension Payment cc1134 'A% CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: Janelle Case From: Robert A. Martinez le Officer Assistant II Project Manager Subject: Request for Retention Release Date: July 10, 2001 Bluff Top Park Railing Replacement Project Cash Contract 1134 Transmitted herewith is a request for Retention Release from Landmark Fence Company, Inc. 3964 Mission Boulevard, CA 91763-5301 for work performed on the subject contract. The contract amount, to date, is as follows: Retention Release Contract Bid Amount: $189,820.00 Authorized Change Order Amount: $5,410.00 Total Contract: $196,230.00 Amount Paid Previous: ($182,535.54) Amount Retained Previous: ($18,253.55) FUNDS AVAILABLE: $12, 694.46 Amount Billed this Invoice: $18,253.55 Amount Retained this Invoice: ($0.00) TOTAL AMOUNT DUE THIS INVOICE: $18,253.55 FUNDS REMAINING: $12,694.46 We rescommend that this request be approved and that the Finance Department prepares the following check In amount of $18,253.55 to Landmark Fence Company, Inc. from Oder Purchase Number 253. cc: Jeff Gibbons, PW Inspector File CC-1134 "Progress Payment file" 35832 insc �1C0 -a�- MAINTENANCE BOND KNOW ALL MIEN BY THESE PRESENTS: i n s r. q b1 0- 13OND NO: 816282P PREINII /M: S INCLUDED NUCUED F% PFRFORMANCE SOND THAT we, LANDMARK FENCE CO., INC. , as Principal, and DEVELOPERS INSURANCE COMPANY _ , a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH ONE HUNDRED as Obligee, in the sum of ONE HUNDRED EIGHTY—N H—OUSAND - EIGHTX.($189.180.�Q ) Dollars. for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: BLUFF TOP PARK RAILING REPLACEMENT CASH CONTRACT 1134 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee tray sustaln by reason of any detective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void, otherAise to remain in full force and effect IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 16th day of AUGUST LANDMARK FENCE CO., INC. ROBERT YANIK, PRESIDENT MAU IM30% ACV. 16190 ,1W 2000 Frinciyal DEVELOPIIRS INSURANCE COMPANY BY-. �7. G.�-- �• - - .- SUSAN c. MONTEON anom„�r,�F.�, 17784 Fitch Irvine, CA 92714 (714) 20-3900 7 !-n _ _ ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On August 30, 2000 before me, Stephanie _Ryan tMTEI (NOTARY) personally appeared Robert Yanik SICNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and _ - acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), S COMM. 5#58 or the entity upon behalf of which the C�tnrn.ltp55�6a y p NOTARYPUBLIC-CAL"RNIA �i person(s) acted, executed the instrument. to Annli4 Coutl I[y eem. botre@ Much $, 2004 WITNESS my hand and official seal. A�50&&Lt�r - j Ark--., NOTARY'S SIGN TUBE OPTIONAL INFORMATION The infarrnation below is not required by taw. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL 0 CORPORATE OFFICER President 7ITLEIS) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYIIESJ DESCRIPTION OF ATTACHED DOCUMENT Maintenance Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER F RIGItTTHUMBPRINT OF SIGNER s APA 5199 VALLEY -SIERRA. 800-362-3369 STATE OF CALIFORNIA COUNTY 01-. RIVERSIDE On I (t& - / I '� O D O , before me, SS. R. S'I:ANDLEY PERSONALLY APPEARED--`--SUSAN C. MONTEON------ personally known to me saiiahteiery evidence) to be [lie person(&)—ivhose name(4 is/au:.5ubscribed to the %vithin instrument and acknowl- edged to me that-heMie/thay.executed the same iri •lam her/4114Qix authorized capacity(4Q4 and that by h4&her/ tY ei* signatur6(s}-on the instrument the person(4 or the entity upon behalf of which the person(4acled, executed the instrument. WITNESS my hand and official seal. Signature _4 R� OPTIONAL R. STANDLEY =(Oi COMM. #1263272 ARY PUBLIC • CALIFORNIA TY y Comm. Explree e7.2004 This area for Official Notarial Seat Though IITe data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING. NAME OF PERSCNISF OR ENTIrYpESI DESCRIPTION OF ATTACKED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ro.°." I; -c/qa ALLTURPOSE ACKNOWLEDGEMENT ., Ir - !- II ,r- _ . I .a+ li :.t Il.':::'k�- I• ' :1-- � 1--l' I P�OWEN OF AT'll- ' I ! ;; • ( INbEM ITY C MPA Y.OF:OALI bR IA'��-_;C: ,.Ih�- f �.jj—{1 I:11 ::-11 ANIM.— lip DtVCLOP, OS IN�URANC9 COM' A i .O. 430x 19125: Itfi/fNs , C14 92623 f (849( 216.1t3�0D - (( ! t :_ _ �. I I ! -O i�. �!I I - I I =1' . 6..':II- .I :. .ic :-'Ir_t I i' NOTIM 1.' All power arlh sulhorlty hereln grahled AM 14 any 6vernl lermlhalo do the 31 st day bl Mlaioh, 2002: 1.. !'. -'1 ...,' __: .. Ir... I' If il—{ICI 2 ' This Power of Attomey is void If ahersd or If arry_pon,an,ls erased. , I I; l , - -' ! _' „ - I I- " . - '' • ' I - ! r 1-I t • -- I - _ ! t _ ' II: II— 1=i1--I1= 3.'! This Power -of Attorney Is Void unless the seal 19 readhble, the a text Is ih brown Ink; the algnatures are In' blue Mk_ bnd this nglkb flit Ih btud_ �� This Power bf Attor e S !d 016e ielumed G the Atloi s In F c! tiu! S� Id remalri rinan t art o11 bob 09' ibc" f r '_ l Y P I RaY� 1 , Pa P t9 , KNO1N ALL MEN BY fiAESE PREtENiS' Ihsf wt6pt as expressly 11m11ed INDEMNITY COMPANY of CALIFORNIA and 011VEL6niii NAURA l 6,60MOANVt do'JaCh!llevohff but not jolnlly,'hereby make, ci)nstilute aAd, appolnt 1 ' -.' ' I. !, , -.,-_ ''� i �� - •. " „ ,� ,, 'I !' � ,�, ' �u •-, ,r - ,••• - � 1—' „ ,•� '' ,loll- I.11'�I-I_i ! +i MICHAEL• D.` sTONO, susAN c: MONTr=oN, ROSEMARY. STANDL r, JOI�1'�LYdR . II I If —III 11-:1� +SEVE RALLY`*1. r I, !, ! „ I; I(..r I'.��: '- s!.I'i:ll..::11 1 � ;1- I 11 11� �jl '.{1 �'I�11 '1-:=j1:•.II_��lt-�'l1--=1 f�' the true and lawful AttO►ney(S) In -Fact, t0 make, Bxecula, deliver end ackhowtedga, fEr and on behalf Of said-tOrp4rat!6n4 as SUrbllea, bOhdS j UndWFaklllgs and t0[�rtlela=of a<�iefyghil in aq amount not exceeding Tan Million Dollars ISi4,D00.000j In any single urldenaking; g,vino and granting unto S81�JI1113pay(st=lri-Fact hull glowar and'to& rltm td do and.tb oer�dm ' every act necessary, roquislte of proper to be done in connectidn therewilh as each df said corporatlonq could do„b lesarvinl 'Iq eecl, outs d b e a �ull �Q`"`_er, �u iHytior end tevocation; do all of the is of said tt e s :In -Fact; rsuanl la t,esa prey ts• are hereb reline snd,cOnf ed •_:� ... ��'_ '• �I,.. ��.... .P�r f - ..., .. �- '�`.':_1 I, .- ., • �` -�- � ,r. � +i..l��:: :...'� ;.erg,. .. ;y , :- ,• _ :, Thls.Power of Alto ipey Wgranjed and Is q�gned,b� facsimile un�ef and tty,euthar4y gt,lhe following resorutl ns adopt �y he r �pee�(vd gj�a l- a1� o� IF{ �MNI�Y t4srli�1� 1 OF CALIFORNtJ end DEVEt-vPFpB INSURANCE COMPAF�Y eHectl p as Of Seplamber 24.;1986: ' ',I j ' r ' , 9111� Y ` 1••' 1 I ,I 11-=.:11� : 1 II -=1 ;I� :I - 1� r RESOLVED, that tile Chairman of the Board, the Presldent aho.any VIc6 16.esident.ol'lhA corporatlons b6JI d that each bi th,;tnt hf3fa17y, JA; 9 I to 1� bxarutJ Pd,lJera � Attorney, qualifying the atioinelr(e) named In the Powers of Altornay t6 e'x�ectrle, on behan of the C'6r ailOns, b6ndsf u�eAakln and ctlnl��cts bi sur iyshtp; and thaljlha �6ereten Or any Aeelstanl Se&elar�! of the colporaflons be, ar+d each of Ifiem hereby Is, aulhorlied to atle'it the execution of any such Pow r.of'Atttx{tlsy;: Ij .:-��_:-11- ' ! RESOLVED, FURTHER, fhal•tNb slgnaturdt of such dffloer's mq be aff,xed'(a any such Power of attorney or', to any carllhcete,rela�ihd ttf6reto-6y lsosimltd; evil Xfluch:Powd of A1tdtney8r cerlifrcate bed ring'such'facslmlle signatures chatl tie vane and bindfrig u0on We corporatlon when in affliced dhd III the-flltdre'%Wth this' to., tidrtd, d de�aklnd a Contact of su►etyship to Which It IS attacn6d. " V +. t' !; . 1 . 1 I : f _ —' i.-_:(=- i, I t ' I 1. j I{ IN WITN[ SS WH9AEOF• WDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have d6vd4ly(caused thlad presen� to be a�pned by they rbspfctlj Presldenls and atlested by their respective Secretaries this 3rd day of December, 1999. ' ; ; INDEMNITY. COMPANY OFFALIFORNIA i I iI DEVELOPERS INSURANCE POMPANV �; I ' , „ : G . _: ;I I; '.�;...il.f-Ii ��-L� '`:1_I1--1 'I ' I; __ _! ,, t, i, •i ' ', ' '! I +' !!' 1, -'I 11. -^II-_I!---{1.-:i1_-'ll ^II - It. r t - •i +- i�_ - .. :II { II '-•• 1 .t i.,l „ I 1 '11 If li l.By Br Crowell ,, 1 :. I, ! C 1vi11 ..-:II- ._,rI•. 1� MPANY F':-.- '_I_.`. _: !I •:1,1-'. reald11--11-==11=1 etN9UA.tH -f i i; - ieSldaht' i I „ G�OV Pp C I I, ,I I 1 -- - 1 1 �P O4 {' y r yr 11- - - 11 it A CO „ I It , I ATTEST I; �i I .il_ .i __,II_wll.__ od�MA �_- 1 ' OCT$�� P 1 ,, _kl---I' -11' I-11 y II=1al� G t !'l; is i,�- i 1 l• oy c 196t `F�= ,' I�.,, Ie - _ _ ! , ;.By By -WatlerCrowelt, .11 II I ;I-'. 1,. ll.: "- �I -.-IlWalterCrbwelt Secretary '! ' - -�- il. 1' ,r :II ' - lr�;$ecrethry}' _ :11- ' 'II{--1{.:.--I!--±{ 117 �; ..Ij • � " ` � • ,, ' I ii -: I ,; lI ,�- .�i. 11--Ij•—,==1j---"--=i��� �_ • �. ,i '' �� ! : I +r I� r � � � il' � i; � i' „i ',1 I Ii - 1 il- i ;Il-.`_If-'-�11: :II-;{I-=1r_.-I{;- '-..`i '� ', °�� � ,I� :I lr_�. ' �'�� .,• �; i ! �I, . , - jl !' it _;��-_ti-_jl 11-_ •it_ STATE OF. CALtFORNIA " I' COUNTY PF ORKNGE :-• �•- iI ._ �• 'i i it �, On Decembei 3.;1P,9f1, beforQ me. Caroline A. Hrypyk, perso((++etly appeajed Harry Prowell arid tNalter Cto+Vell, perpo�lally kiro+ i to. ine �o� p��lrnp:y-+ed to inq 1ir� he la q' 1 satisfactory evldencb� to be the parson(s) Abse narhe(s) IsI&A. subscribed lb the wlthlri ir{strumont and acknoMQdd6 j to it1T that hb'! e/tfiey ati4ctitts3 thh --paerhe 1j-t ltf- 'er s et dapacftyQesj, and that by his%her/their sign on the Instrument InB persan(SI, or lntt entlt}+ upari behalf f•whfC}t to¢ petsbn(s a dx ulstj tilt J(ftitru 9ft1r'=l i-=== = ' I; WITNESS my had n oHlcialseaf.' :.II 11 ��f1 y 1i. .. it !t . 'I. _ ,r. II { ,' I, li._:'.!' ' II .. Ii 'r- ' - 1: .II-I.l..-11__—_I - .. .._ I` �f-tOAIOI.INEAHRY4LYt S naturo I ' - _1. f l �_iI hubn_o �t'I.-'OiiA1HbECOUNTY- II r I I I M'y Cothrii.i pfr,a!CT_=12J 2t�D9 „- , .-:C>RTIFICAt@- �; I! 1� �� ;,_��"' it_',• ,;.•-�..,-r � �, .I, !I� 1: _'!:._I'. II - '. r ::'1 I.:._I11_.'j_...+JI(-:_, 1fL I_` —III ". The undwslgned, s1J Senior Vita Presldehl of INDEMNITY COMPANY OF CALIFORNIA, dAcf Sbhlor Vice Pilesidbnl of 1b PLOPE�B tN�URANCE,COMPANY; da6e 6robl certify that the lotagoing and attached power of Attorney remains lh full fond hnd has'nbl beeh revoked; and furlhertnor6( that Ih_e Oloylsiord �I th4 jeeglutldnd bf_lbg_rbsw" da i I of Directors of said co atlo set forth In the Power of Attorr* are In 1 a 1 the data of thla Cart If,clile. I - I I ! 1 j 1 Ir ii Tf,leCariificateEse ecutedlnthBCEtyoifrvlrie,Callfornle,Ehlsdayof ,I I 0 -11 111 �I 11 111� i ;1 „INDEMNITY COMP NYOFICeeLIFQRNI■! �' � 1 ;l' 'I 1111 ''jDEVELOPEROJ14 ANDilCAMPANV=fl- ;i i`!� !r 1 --! ==1 -- IIZ__I ~II $ S O C� �j - . - O I By 3,Vi pCr.x' 'Willikirli,T.Shera[ Z---.. u+!i '' _ - ..: r :I•=-_ _ _'t... t967 a �:,!--- WIUIemT, hBr i' Senrdr Vic6 President I' _ " p$ r,�F t2. 1 i ? i - r I - Senlbf.Vice President 1 _ _ 1- I �, tD 314 I (FIF 12l99), 'i '. I ' '' n r ... } ; Il 1 I;.'I I II II -,; 11.111'—I II 11 I� i1 '� '! 14_!,l I I r' r - - I -- COUNTY OF RIVERSIDE ❑ Assessor ASSESSOR -COUNTY CLERK -RECORDER 1:1 Assessor street ❑ County Clerk -Recorder 4080 P.O. Box Street 4 •, 2724 Gateway Drive • P.O. Box 751 Riverside, CA 92502 2204 F r Riverside, CA 92502-0751 (909) 955-6250 ° (909) 486-7000 Certificate pursuant to 995.640(a) Code of Civil Procedure State of California SS County of Riverside I, GARY L. ORSO, Assessor, County Clerk -Recorder of the County of Riverside, State of California, in and for said County DO HEREBY CERTIFY THAT DEVELOPERS SURETY AND INDEMNITY COMPANY id has [ as of been issued a certificate of authority as an admitted surety by the Insurance Commissioner authorizing the insurer to transact surety insurance in the State of California, and that based on the records in this office, that authority [ ] as [ ] as nt been surrendered, revoked, canceled, annulled, or suspended. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County this 19TH GARY L. ORSO day of MMY 2001 eLyls certauth (Rev. 5101) Gary L. Orso, Assessor -Clerk -Recorder Rex L. Jackson, .assistant January 2, 2001 xxxxxxxxxxxxx xxxxxxxxxxxxx xxxxxxxxxxxxx xxxxxxxxxxxxx Dear Obligee: The INSCOMICO Group has received permission from the Insurance Departments in California and Iowa, respectively, to merge Developers Insurance Company (RICO) with and into Developers Surety and Indemnity Company (DSI). As of December 29,2000, DICO merged into DSI and all RICO bond(s) were automatically transferred into the name of DSI. PIease accept this letter and the attached endorsement as legal notice of the merger. From this point on, the attached endorsement should serve as verification of the transfer of bonded liability from all in force DICO bonds to DSI. If this letter and endorsement are not sufficient vehicles of nottfi`cadon of the merger, you will need to contact our Service Department at 800-782-1546 io request further information. This combining of our two well -established affiliates will create a surety with more than $35 million of assets supporting its obligations. The merger will serve to strengthen our commitment to remaining a successful, service oriented surety company. Again, if you should require any further documentation regarding the merger, please contact our Service Department immediately. Very truly yours, David H, Rhodes Executive Vice President Chief Underwriting Officer MERGER ENDORSEMENT . "?, M In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 Ir%ine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address. President 0 Secretary Cite of Huntington Beach Department of Public Works Fos Office Box 190 Hulatirgtori Beach, CA 92648 Subject: Certification of Compliance "'ith Title VZI of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on 1134 Bluff Top Park Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee confor red to the classifications set forth in the contractor training program provisions applicable to the %vage rate paid. President Zlli= and Title g:cc :ashcoal I, DECLARATION OF SATISFACTION OF CLAI;NIS Robert Yanik , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled and dated 8/25/00 Bluff Top Park 2. -Ul workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in fi:il. 3. The following are either disputed claims, or items in connection %Kith Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the forgoing is true and correct. Executed at Montclair, CA on this 15th day of JulY , i (Signature of Contractor) g x'casycon2 RECEIVED BY: s � l/►^ S OG/ (Name) (Date) — CITY CLERK RECEIPT COPY. Return DUPLICATE to (1 Jeffrey Hughes (ext. 6260) L after signingldating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari >=reidenrich, City Treasurer ATTN: ,Jim Slobojan, Deputy City Treasurer FROM:C IS DATE: �� - N SUBJECT: Bond Acceptance ¢ ' I have received the bonds for u1'T1~ fc-v C'JE Co (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. 104 MSC No. Approved (Co4ncil Approval Date) 91b2�2p r' Agenda Item No. City Clerk Vault No. LjL wo . j 5 g:ljahlbondletter.doc RECEIVED BY: nn .S�Obo A^ (!Name) NJ (Date) s A CITY CLERK RECEIPT COPY - Return DUPLICATE to Jeffrey Hughes lent. 6260) after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN:�}Jim -Slobojan, Deputy City Treasurer FROM:�� DATE: SUBJECT: Bond Acceptance ,r h M��Z� N�c C�C- i have received the bonds for -IN (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved 1 " 17 — °o Agenda Item No. E_ ID s (Council Approval Date) �^ Vo� �� City Clerk Vault No. �j G g:lahlbondletter.doc ON Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder WHEN RECORDED MAIL TO: IIIIIII��IIl11 �IIIII IIIIIIII�IIIIiI�1�IIIIII?"IIIII1NO FEE CITY OF HUNTINGTON BEACH 2001039869511:54am 06118101 Office of the City Clerk 117 27 N12 1 P.O. Box 190 — 20(]o Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 1>•Lall9L*34L$1&Us M01114018101 NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Landmark Fence Company, Inc. who was the company thereon for doing the following work to -wit: CC-1134 — BLUFF TOP PARK RAILING REPLACEMENT PROJECT � This project includes the removal and replacement of railing along the pedestrian walkways and ` driveways of the Bluff Top Park. k i z,✓ That said work was completed June 4, 2001 by said company according to plans and specifications and to G 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 Monday, June 4, 2001. That upon said contract Developers Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 7th day of June, 2001. 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, CONNIE BROCKWAY, 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 7th day of June, 2001. City Clerk and ex-offcio Cleof of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 /111--� J lew CITY OF HUNTINGTON BEAC1�14N ?_fil�,W MEETING DATE: June 04, 2001 DEPARTMENT I UMBER:PW 01-061 Council/Agency Meeting Held: Ok Deferred/Continued to. *Approved ❑ Conditionally pproved ❑ Denied P-0? CI Clerk's ignature Council Meeting Date: June 04, 2001 Department ID Number: PW 0 1 -061 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator aW PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works RON HAGAN, Director of Community Services cNn SUBJECT: Accept the Bluff Top Park Railing Replacement Project, CC-1134 and File a Notice of Completion ch n Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City accept as completed the Landmark Fence Company, Incorporated contract for the construction of the Bluff Top Railing Replacement Project, Cash Contract 1134? Funding Source: Sufficient General Funds for the Bluff Top Railing Repairs were authorized for this project. Recommended Action: Motion To: 1. Accept the Bluff Top Railing Replacement Project, Cash Contract 1134, at a final cost of $182,535.54, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. Analysis: On July 7, 2000 the City Council awarded a contract to Landmark Fence Company, Incorporated, in the amount of $189,180.00 to remove and replace the railing along the Bluff Top Park. The adopted project budget also included $5,410 to cover potential change orders and $5,410 for supplemental expenditures, for the total amount of $200,000. 01-061 Jun 4 Martinez -2- 5/21/01 3:47 PM G� REQUEST FOR COUNCIL ACTION MEETING DATE: June 04, 2001 DEPARTMENT ID NUMBER:PW 01-061 The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk to file the Notice of Completion with the County Recorder. The following is a summary of the final project costs: 1. Contract amount: 2. Change orders: Project Construction Costs 3. Supplemental Expenses: Tota I Council Approved $189,180.00 $ 5,410.00 $194,590.00 $ 5,410.00 $200,000.00 Actual Expenditures $169, 948.94* $ 12,586.60** $182, 535.54 $ 00.00 $182,535.54 *Actual quantities were less than estimated. **One change order was issued for this project to allow for deeper post footings. Public Works Commission Review: The Commission reviewed this project on May 17, 2000, and unanimously recommended approval. Environmental Status: This project has been determined to be categorically exempt to the California Environmental Quality Act 16301(c) Attachments): RCA Author: Martinez GIRCA12001 01-061 Martinez, Notice of Completion, CC-1134 01-061 Jun 4 Martinez -3- 5/24101 11:35 AM CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 8, 2001 Gary Granville County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 CALIFORNIA 92648 d03ti�� Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, l% 0 W�; � — Connie Brockway, CIVIC City Clerk CBJh Enclosure: Notice of Completion — CC-1134 — Bluff Top Park Railing Replacement Project — Landmark Fence Company ( Telephone: 714-535-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 -- 2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Landmark Fence Company, Inc. who was the company thereon for doing the following work to -wit: CC-1134 — BLUFF TOP PARK RAILING REPLACEMENT PROJECT This project includes the removal and replacement of railing along the pedestrian walkways and driveways of the Bluff Top Park. That said work was completed June 4, 2001 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 Monday, June 4, 2001. That upon saiq contract Developers Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 7th day of June, 2001. City Clerk and ex-officio Clerk 7 of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, 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 7th day of June, 2001. City Clerk and ex-officio Cie of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the Bluff Top Park Railing Replacement Project, Cash Contract-1134 and File a Notice of Completion COUNCIL MEETING DATE: June 4, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED, FORWARDED Administrative Staff ( } ( f,*_ ) Assistant City Administrator {Initia ( ) { ) City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF ITEM: CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSNTITTAL OF ITE1-i APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF H[JNTINGTON BEACH DATE: September 18, 2000 TO: Landmark Fence Co., Inc. Name 601 South Oaks Avenue Street Ontario, CA 91762-4022 City, State, Zip ATTENTION: DEPARTIN ENT: REGARDLNG: Bluff Top Park Railing Replacement — CC No. 1134 See Attached Action Agenda Item E-10 Date of Approval 7-17-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: d.Z 0.4re�y— Connie Brockway City Clerk Attachments: Action Agenda Page x CC: R. Beardsley Name R. Hagan Name R. Martinez Name S. Freidenrich Name C. Mendoza Agreement X Bonds X Insurance x RCA Deed Other DPW X X X bonds Department RCA Agreement Insurance Other Comm. Serv, X X X bonds Department RCA Agreement Insurance Other DPW X X X bonds Department RCA Agreement insurance Other City Treas. x bonds Department RCA Agreement Insurance Other X X Risk Management Dept. Insurance (Talaphone: 714-536-5227 ) CITY OF HUNTINGTON BEA MEETING DATE: 7/17/00 DEPARTME UMBER: PW-00-061 Council/Agency Meeting Held: 7J 1]—C Deferred/Continued to: Approved ❑ Conditionall Approved ❑ Denied CI Signature i y Council Meeting Date: 7/17/00 Department ID Number: PW-00-061 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: ��RppAYY SILVER, CITY ADMINISTRATORW4� 09REPARED BY: �OBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK 9V RON HAGAN, DIRECTOR OF COMMUNITY SERVICE SUBJECT: Authorize the Award of Construction Contract for the Bluff Top Park Railing Replacement Project, Cash Contract No. 1134 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids were received on June 27, 2000 for the Bluff Top Park Railing Replacement Project, Cash Contract No. 1134. Sfaff is recommending award to the lowest responsive/responsible bidder. Funding Source: Sufficient funds have been authorized for the Bluff Top Railing and are available for this project in account number E-CP-CS-674-6-39-00 (General Fund Capital Project Bluff Top Railing Repairs). Recommended Action: Motion to: 1. Accept low bid submitted by Landmark Fence Company, Inc., 601 South Oaks Avenue, Ontario, CA 91762-4022 and authorize the Mayor and City Clerk to execute an appropriate construction contract for the Bluff Top Park Railing Replacement Project,CC- 1 134, in the total bid amount of $189,180; and C_ /0 CC-1134 -Award RCA.doc -2- 07105100 11:02 AM REQUEST FOR ACTION MEETING DATE: 7/17/00 DEPARTMENT ID NUMBER: PW-00-061 2. Authorize the Director of Public Works to expend a total of $200,000 to cover the contract amount of $189,820, estimated construction change orders of $5,410 and supplemental expenditures of $5,410. Alternative Action[s): Reject all bids, do not proceed with construction and forego the construction of railing replacement along the bluffs. Analysis: On June 5, 2000, the City Council authorized a call for bids for the Bluff Top Park Railing Replacement Project, Cash Contract No. 1134. Bids were received and opened publicly on June 27, 2000. The objective of this project is to remove the existing corroded and dilapidated railing along the pedestrian walkways and driveways, and replacing it wth a new PVC Safety pipe railing similar to the type used in the Pier Plaza Project. Contract Amount: $189,180 Project Change Orders: $5,410 Project Supplementals: $5,410 TOTA L: $200,000 Examples of supplemental expenditures include importing soil, material testing, and compaction testing. The Engineer's estimate was $200,000. Summarized below, by order of least collar amount, are the bids submitted to the City of Huntington Beach: GENERAL CONTRACTORS BID AMOUNT 1. Landmark Fence Company............................................................$189,180 2. Ace Fence Company......................................................................... $212,700 3. K.A.S. Equipment 7 Rental.................................................................. $220,500 4. S & S Mechanical Corporation.......................................................... $232,860 Public ftrks Commission Review: The Public Works Commission reviewed the project on May 17, 2000, and unanimously recommended approval. CC-1134 - Award RCA.dac -3- 07/06100 12:55 PM REQUEST FOR ACTION MEETING DATE: 7/17/00 DEPARTMENT ID NUMBER: PW-00-061 Environmental Status: This Project has been determined to be categorically exempt pursuant to the California Environmental Quality Act 16301 ( c ). Attachment(s): RCA Author: R. Martinezlcf CC-1134 - Award RCA -4- 07/03100 12:11 PM CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LANDMARK FENCE COMPANY, INC. FOR BLUFF TOP RAILING REPLACEMENT PROJECT (CC-tf ) 034 -'7T" JtiLY THIS AGREEMENT, made and entered into thist. day of 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LANDMARK FENCE COMPANY, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as 11,34 "PROJECT," more fully described as the bluff top railing replacement project (CC~t+24) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 00agree/landmark/7119/00 shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 00agree/landmark/7119/00 2 chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"), F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Eighty Nine Thousand One Hundred Eighty Dollars ($189, 180), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 00agreP/landmark/7/19/00 within thirty (30) consecutive working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 00agreenandmarkl7/19?00 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or 00agreellandmarkl7!19100 5 structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGESIDELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 00agree/iandmark/7119/00 6 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 00agreellandmark17119100 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in 00agreerlandmark/7/19100 price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 00agree!landmafkl7119/00 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 00agreellandmark17f19100 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 00agree/landmark/7119100 applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 00agreeilandmarkMi9100 12 22, DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24, NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 00agreel1andmark17119/00 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 00agreellandmark17119/00 14 Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. LANDMARK FENCE COMPANY, INC. By: / l/ ART' print name ITS: (circle one) Chairman residen ice President AND Byi9- t-O print name ITS: {circle on Secrets hief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City AdrTiKstrator ^ CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California �•IN. A,�� • . ATTEST: City Clerk1$- APPROVED AS TO FORM: ✓� r r 31 �- "ity Attorney p ,IA �D AND OVED: Director of Publrc Works 00agreeilandmark17/19100 15 fli I-IHMI:W, -:LT. TC ACORD. 1iiCDEft 111ITim][IN - L 93 AB S A I . . . . . . . . . . . . . 08/0 jTj�..IEIGA i. W PRODUCER (818)706-9900 FAX (818)706-9905 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION F & I Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE C\� CW�l HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 28720 Roadside Dr., Suite 275 uu ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LA P. 0. Box 1469 COMPANIES AFFORDING COVERAGE Agoura Hills, CA 91301 COMPANY --- PennsylvaniaGeneral Insurance Co. Attn: Ext: A INSURED COMPANY General Accident Insurance Co. of America LANDMARK FENCE CO. B 3964 Mission Blvd. — ----- - - Montclair, CA 91763-5301 1 COMPANY C COMPANY D :COVERAGE IM 111111""•, JP1AI!iM2;`LL,. 'It. II ii� IILI NN; S 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDJCED BY PAID CLAIM.S CO POLICY EFFECTIVE POLICY EXPIRATION! LTR TYPE OF INSURANCE POLICY NUMBER DATE JMM1DD/YYJ DATE (MWDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE s 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPiOP AGG $ 2,000,000 C'AINISMADE X.00CUR PERSONAL & ADV INJURY S 1,000,000 A CPP 1220568 11/15/1999 11/15/2000 1 OWNER'S & CONTRACTORS PROT' EACH OCCURRENCE I S 1,000,000 X . X, C, U I FIRE DAMAGE (Any one frel S 300,000 X Contractual Liab. I MED EXP (Any one person) i$ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO 1,000,000 L- . . . ...... ------ --- : i ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS 11/15/2000 (Per - person) - - - A BA 03215361 TO TOW 9 X. HIRED A'JTOS . ...... BODILY INJURY S X NON -OWNED AUTOS (Per amder.) PROPERTY DAMAGE S GARAGE LIABILITY I AUTO ONLY - EA ACC -DENT S . . . ............. ............... ............ ANY AUT9 OTHER THAN AUTO ONLY: Til It: i lil ®R W EACH ACCIDEENT S - ----- - — -- -- AGGREGATE. S I.EXCESS LIABILITY EACH OCCURRENCE S 1,000,000 I B UMBRELLA FORM CUB 0198503 11/15/1999 1111512000 AGGREGATE S 1,000,000 OTHER THAN UNIFIRE" FORM S `NG STATJ- orrr WORKERS COMPENSATION AND TORY L N41TS ER M EMPLOYERS' LIABILITY EL EACH ACCIDENT is THE PROPRIETOR! iINCL I I EL DISEASE . POLICY LIMIT I PARTNERSiEXECUTiVE .... . . ........ ..................... .. ... OFFICERS ARE- EXCL EL DISEASE- EA EMPLOYEE OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS Project: Bluff Top Park, Pacific Coast Highway. Certificate Holder is named as an additional insured 2ndorsement to follow from carrier. *10 days notice of cancellation for non-payment of premium. This certificate supercedes and replaces the certificate dated 7/25/2000. Aj�t!CATEiHOLIDER'11 lit, K`110-41.11121! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 4PIRATION DATE THEREOF, THE ISSUING COMPANY INILLKt)6tXXX0ft MAIL ) *M- Ji I J 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Huntington Beach P.O. Box 190 �,lnvattik-. -I KXX)--0- 6W'AhtXK awca xr i mxxxyxxxxx ALITI42RIZED.R�EPRESENTATIVE Huntington Beach, CA 92648 qF q-pilq, 1, ill EAC ITT jill 1111fliodw 1,31 . . ..... .. ... ....... ..... "W RISK MANAGEMENT CITY OF HUNTINGTON BEACH, CA 000 AUG 10 A 1D b 2 t No, LA POLICY NU:4BER:CPP1220568 COMMERCLa,L GENERAL LIA13ILTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) T}:is endorsement modifies insurance under the COMIN4ERCIAL GENERAL LIABILITY COVERAGE FOR.I1. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Effective 11/15/99 Landmark Fence Co Inc. SCHEDULE NAME OF PERSON OR ORGANIZATION City of Huntington Beach Pacific Coast Highway Huntington Beach, CA P.O. Box 190 F,unttngton Beach, CA 92648 Attu: Robert Martinez Project Bluff Top Park WHO IS AN INSURED (Section II) is amended to include as an insured the person or organizauon shown in the Schedule, but on,y with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 S000 UQ11 10 b' 10. u �;ii,1 RISK MANAGEMENT CITY OF HUNTINGTON BEACH. CA 2000 AUG 10 A 0 42 ACORD,. CERTIFICATE OF LIABILITY INSURANCELPID sc DATE ;FIM:DD:YY) ANAM 1 08/08/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hamilton Brewart Insurance l {; Cf ��� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE California License No. 0519148 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 1949 N6a �; �� ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. upland CA 91785-1949 Phone:909-981-S210 Fax:909-985-3448 1.vS�1RER Landmark Fence Co. Inc. 601 S. Oaks Avenue Ontario CA 91762 COVERAGES INSURERS AFFORDING COVERAGE INSJRERA: Villanova Insurance Company INSJRFR B: INSURER C. INSURER D NSURER E- THE POLICIES OF INSURAN^,E LISTED BELOW HAVE BEEN ISSJED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQU.REMENT, TERM OR CONDITICN OF ANV CONTRACT OR OTHER DOCUMENT'.t;ITh RESPECT TO WHICH THIS CERTIF•CATE MAY BE ISSUED OR MAY PERTAIN, THE INSLRAt,CE AFFORDED BY T(-E PO-ICIES DESCRIBED HEREIN IS SJ8JECT TO ALL THE -ERMS, EXCLUSIONS AND CONDITIONS OF SJCH PO_ICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSUpANCE POL^CYNJ.T3ER POLICY E°FE^TI'VE POLICY EXPIRATION LTR DATE 1 1:DD:YY', I DATE {F.1 1;DD:VY LfF.T-TS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY FIRE DAMAGE )Any cne f re) S CLAIMS MADE OCCUR MrzD EXP {Ary one pe^sor; S PERSONA-. 8 ADV INJURY S GENERAL AGGREGATE IS GEN L AGGREGATE LIMIT APPLES PER: j PRODUCTS - COMP -:OP AGG I S PRO - POLICY JECI JECT LOG AUTOMOBILE LIABILITY •_ CGMBIN»D SINGLE LIMIT $ I ANY AUTO - (Ea ac_ jent) ALL OWNED AUT03 BODILY INJURY h SC�IEDULEDAUTO; (Pe•perear) 5 HIRED ALTOS BODILY INJURY 5 NON-04:NED AUTOS (Per acciaev) PROPERTY DAMAGE S T'i ►II •- Eppi• (Per acace�q GARAGE LIABILITY -:kq ] 3}i..•�- AUTO ONLY - EA ACCIDENT S - r ANYAUTO aryl'`'" L Oil="'� � OTHER THAN EA ACC S _ b`y. ; ;;rj�14r `' - .AUTO ONLY: AGG j 5 EXCESS L:ABILITY I EACH OCCURRENCE I S COCCUR J CLAIMS MADE I AGGREGATE 15 DEDUCTIBLE - I $ RETENT ON S I $ ArORcKERS COMPENSATION AND X 1 CRY LIMITS ER I A ELI PLOYERS' LIABILITY WC11240356 01/01/00 01/01/01 E.L. EACH ACCIDENT $ 1, 000, 000 ! E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L-DISEASE -POLICY LIMIT S 1,000,000 OTHER I DESCRIPTION OF OPERATIONS: LOCATIONS.VEhICLES:EXCLUSIONS ADDED BY eNDORSEMENT;SPECIAL PROVISIONS Re: Proj: Bluff Top Park, Pacific Coast Highway, Huntington Beach, CA. * 10 day notice of Cancellation will be given for non-payment of premium. CERTIFICATE HOLDER N i ADDITIONAL INSURED; INSURER LE -TER CANCELLATION {(l n Vj?I �a VH 7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE JJiUI QU In. -T ` EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL 9NOEM0911.10 MAIL 3 0 * DAYS WRITTEN NOT'CE TO THE CERTIFICATE HOLDER NAMED TO THE I F'. �- !•, J. r I .: i LEFT. F City of Huntington Beach (11;; I 2000 Main Street Huntington Beach, CA 92648 n /' / iJ (7f97) `. j - V/G " -" — N_� .. ACORD CORPORATION 1988 RISK MANAGEMENT CITY OF HUNTINGTON BEACH.' CA- .. NO AUG 10 AID 42 � . . f I L_;1 L. �LLIv ! '!: ,I \ sltC 4 `. N6- POLICY NL'IMBER:CPP1220568 COMMERCIAL GENERAL LIARILTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance under the COMMERCIAL GENERAL LIABILITY COVERAGE FOR\-1. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. 11/15/99 Named Insured Countersigned By _ Landmark Fence Co Inc. I (Authorized Representative) SCHEDULE NAME OF PERSON OR ORGANIZATION. City of Huntington Beach Pacific Coast Highway Huntington Beach, CA P.O. Box 190 Huntington Beach, CA 92648 Attn: Robert Mkrbnez Project: Bluff Top Park WHO 1S AN INSURED (Section IT) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page I of 1 ire ±:9 oRSBC:C) CO MAINTENANCE BOND KNOW ALL MEN' BY THESE PRESENTS: BOND \O: 816282P PRENIIUM: g INCLUDED .NCL�JE:D 1N FERFORMANCI 80*D THAT we, LA\D-MARK FENCE CO., INC. es Principal, and DEVELOPERS INSURANCE COMPANY a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH ONE HUNDRED as Obligee, in the sum of ONE HUNDRED _EIGHTY—xT`E JH USA\TD F.TGHTY (S189, 180.00 _ } Dollars. for which payment, well and truly to be made, we bind ourselves, our heirs, executors and succecscrs, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: BLUFF TOP PARK RAILING REPLACEMENT CASH CONTRACT 1134 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of anv defective materials or workmanship which become apparent during the period of one rear from and after acceptance of the said improvements by Obligee, then this obligation shall be void, otherwise to remain in full force and effect T.\ WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Atrorney-in-Fact this 16th day of AUGUST LANDMARK FENCE CO., INC. ROBERT YANIK, PRESIDENT FOAV lcrlms AEV. 16/0 , rac 2000 prinipai DEVELOPVRS INSURANCE COMPANY 13Y: C. SUSAN C. 1`IONTEON a;;o-ne)- -Fac 17750 Fitch Irvine, CA 92714 (714) 263-3300 ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On August 30, 2000 before me, Stephanie Ryan : D-%T7 i i "FARY. personally appeared Robert Yanik SIG\ER_S. ® personally known to me - OR - -------------- '9STEPHANIE RYAN Comm. 11255658 11RR NOTARY PUBLIC-CAVORNIA Y� Lis AnOdis Cswty '~ My Comm. Expitss Much 4, 2004 ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIG\AfLIRH OPTIONAL INFORMATION The information below is not required by law. However. it could prevent fraudulent attachment of this acknowi- edeement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL X❑ CORPORATE OFFICER President TIT. LE a ❑ PARTNER(s) ❑ ATTORNEY -In -PACT ❑ TRUSTEE{S i ❑ GL:ARDIAN/COASFRV:ATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME -OF PFRSOVS: OR E`;TITYOESI DESCRIPTION OF ATTACHED DOCUMENT Maintenance Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER :y I`y RIGHT THUMBPRINT a OF E �L SIGNER Q ,o ARA 5f99 VALLEY -SIERRA. 800-362-369 STATE OF COUI FjyOF Oil J, u-U CALTFOR\TA RIVERSIDE SS. 0a li E,eft�'e Ir.c, R. STAN n J,FY PERSONALLY APPEAFZED ----- S SA\ C. MONTEON--------- per=n:�nlly kno;vn to *ne (or .: _ 'o be the [per on{�-L.;;`ho=e na'nefbi isA4zo—silbscril:ed to the iviFhui instruinen`- anj edged to to nie that .h4@,4sre/these_ exec uted the same in.1�;' her/•tlu"- authorized capacity(4w4, and that by W"- /her/ fir- signature (4_ .on the instrument the person(4; a: the entity upon behalf of i,hich the personi4acted, executed the instrumei---t. WITILESS my hand and official seal. Signature OPTIONAL R. STANDLEY N r`f COMM. #1263272 p� oa'- NO'ARY PJELiC • CALIFORN4A rx l RIVERsIaE COUNTY _: -y My Comm. Expires Ju^.e T, 2001 Thi_ ;;rea .for C;Fia:z` A'e:fartr-d Seal Though the cata below is not ;egj'red 5y law, it r--iay prove va a-ble to persons relying on the document and cau:d prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER IND'VIDUAL CORPORATE OFFICER T. -E c LJ PAR7NER;S) ❑ L:V:TED GENERA'- ATTQ,RNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN'CONSERVATCR ❑ OTHER: SIGNER IS REPRESENTING: NAVE 0= PEticpr;:S: C'. ❑ ,-Ties= DESCRIPTION OF ATTACHED DOCUMENT Ti-LE OR TYPE OF DOCUMENT NU.MSER C= ?AGES DATE OF DOCUf`v;ENT &GNER(S) OTHER THAN NAV.ED ABOVE ID -CM Rev. L•j -; ALL-PURPOSE ACKNOWLEDGEMENT - _ - POWER OFATTORNEY'OF :- ; INDEMNITY COMPANY OF-CALIFORNIA - = AND DEVELOPERS INSURANCE COMPANY : _ N _O' 0-8` P.O. BOX 19725; IRVINE;.CA 92623-11 (949) 263=3300 _ ' `� % NOTICE::: '1; All power and authority herein granted shall in anyevent terminate on.the 31 st day of March, 2002: -2. This Power of Attorney is void if altered or if any portion is erased.. - _3. .This Power of Attorney.is.void unless the seal'is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. =- - 4.-=-This Power of Attorney should -not be returned to the Attomey(s) 1n-Fact, but should remain a permanent part of the obligee's records.- , - - - (f KNOW.ALL MEN BY THESE PRESENTS; -that except as expressly limited; INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS' INSURANCE'COMPANY, do each severally, _ but riot jointly, hereby make. constitute and appoint - i - _***MICHAEL D.' STONG," SUSAN °C. MONTEON,-ROSEMARY_ STANDLEY,.JOINTLY OR.' _ ;!SEVERALLY*** _ - -_ the true and lawful Attorney(si-ln-Fact, to make, execute, deliver and acknowledge. for and on behaf of said corporations as sureties, bonds, undertakings and contracts of suretyship . 'in an amount not exceeding Ten Million Oollars ($10,000,000) in any, single undertaking; giving'and granting unto said Attorneyls)=1n-Fact full power and authority to do and to perform every act necessary, requ!si+e or proper to be done in connection tnerewith-as each of said corporationsiould do, but reserving to.each of said corporations full power of substitution . and revocation; and all of the acts of said Attomey(s),In-Fact,lp&suant to these. presents, are hereby *atif!ed and confirmed. - - - -This Power of Attorney is granted and is Signed by facsimile under and by authgr!ty ot,ihe foCdwmg resolutions adopted by the respective Board -of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY. effective as of September 24. 1986: - - - RESOLVED: that the Chairman of"the Board, the'Presiden" t and any Vice President of the corporations be.'and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the atiorney(s) named in the Powers of Attorney to execute, -on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary of -any Assistant Secretary of the corporations be; avid each of them hereby is, authorized to attest the execution of any such Power of Attorney: ` RESOLVED, FURTHER; that the signatures of such officers may be affixed to any such Power.of Attorney or to any certificate relating thereto by facsimile, and any such Power I - of Attorney certificate bearing such'facsimile signatures shad be valid and binding upon the corporation when so affixed and -in thefuturewith respect to any -bond; undertaking or contract of suretyship to which it is attached. - _ . IN WITNESS WHEREOF, INDEMNITY. COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally.ca_used these presents to be signed by their respective - _Presidents and attested by their respective Secretaries this 3rd day of December, 1999. ! - INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY _ ,7. ByBy' i = = r Crowell •_ i - - r Crowell resident GO�tiPP'tiY�c resident _ PS�NSP�AyC� i? OCT.S- o o AT - =,MAq:27 y b ' 1367 ' --- - - - _ - 7 1.979 a i By _ - - * _ By _ t Walter Crowell - - Walter. Crowell - Secretary _ - - Secretary - - - - STATE OF. CALIFORNIA I- - • - - .. } SS.. - - - - • -- - - i' - --- - - -� - COUNTY OF ORANGE On December 3,;1999, before me, Caroline A. Hrycyk, personally appeared Harry Crowell and -Walter Crowell, personally known to me {or proved to me on the basis of T. satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and'acknowledged to me that he/she/they executed the same in his/her/their authorized '._capacity(ies), and that by hislherrtheir signature(s) on the instrument the person(s). `6r the entity upon behalf of which the person(s)acted, executed the instrument. - WITNESS my hand' rid off iciahseal. - __ -r_•GAROLINE A. HRYCYK . ' ! - I _ : p' COMM: # 1237813 Signawre' r.••',� - -� -Notary Public; - Califamia_ . - ORANGE COUNTY. _ ' _ - - --- _QM y Comm. Expires OCT -12; 2003 - - - -- CERTIFICATE I' _.- ; -: -The undersigned, as Senior Vice President ofINDEMNITYCOMPANY OF CALIFORNIA, and Senior Vice.President of DEVELOPERS INSURANCE COMPANY,, does hereby •--certify.that the foregoing and attached Power of Attorney remains in full force and has -'not been revoked; and furthermore: that the provisions of the resolutions of the respective Boards "of -Directors of said corporations set forth in the Power of Attorney, are in force aKf the date of this Certificate. This Certificate is executed i _the-City'of Irvine, California, this; day of INDEMNITY COMPANY OF CALIFORNIA- • - DEVELOPERS. INSURANCE COMPANY OPANY -- ' - - - LGGORPOq� �+• - _ - - - - a4QSpRPOR.qvCF` B - �OGT. 5 TIC-�-�" i3 - - ? N1AR- 27f�G Y - William T• Sherer _ ' ±967- - 2 y W!Iliam.T. Sherer- L 1979 .- Senior V!ce President _ , y- 4trSenior Vice President7. t- ID-314 (REV. 12/99) - rL"Y� ir11I1SC�IC© PERFORMANCE BOND — PUBLIC WORK Bond No. 816282P S 2 39z_ 2.00- _premium is for contract term and is subject to adjustment based on final Contract Price. KNOW ALL MEN BY THESE PRESENTS: That we, LANDMARK FENCE CO., INC. As Principal, and DEVELOPERS INSURANCE COMPANY, a corporation duly authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH As Obligee in the full and just sum of ONE HUNDRED EIGHTY—NINE THOUSAND ONE HUNDRED EIGHTY Dollars, ($ 189, 180.00 — — — — — — — ) lawful money of the United States of America, to be paid to the said ON igee, successors or assigns-, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators 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 AUGUST 4. 2000 IWwith the Obligee to do and perform the following work, to -wit: BLUFF TOP PARK RAILING REPLACEMENT CASH CONTRACT 1134 as is more specifically set forth in said contract, to which contract reference is hereby made: Now therefore, if the said Principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 7 th day of AUGUST XKQ 2000 LANDMARK FENCE GO., INC. DEV principal r /Vn'17VT I APPROVED AS TO FORM: GAIL UTTOi?, City Attorney P, DI 026 Rw 81" (CWdOf44 INSURANCE COM 17780 Fitch Irvine, California 92714 (714) 263-3300 Attorney -in -Fact ALL-PURPOSE ACKNOWLEDGEMENT State of California ss. County of San Bernardino On August 9, 2000 before me, I DATE. Stephanie Ryan personally appeared Robert Yanik 31G %FR;S. [g personally known to me - OR - ITI NA I AYA comm.11255658 �A NOTAAy111a1CCAUFOANIA N Lot Anitltt harry Ity Comm. UpirH March 3, 2004 iNOTARY: ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ,NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑] INDIVIDUAL CORPORATE OFFICER President TITLEiS] DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER IS REPRESENTING: .'NAME OF PERSON%Sj OR ENTITY(IESI OTHER RIGHT THUMBPRINT ti OF E SIGNER s a 0 APA 5M VALLEY -SIERRA, 900-362-3369 STATE OF COU\TTY OF CALIFORNIA RIVERSIDE OnY7/0() , before me, PERSONALLY APPEARED MICHAEL D. STONC personally known to me to be the person(e4 whose name4 4 is/ -&Pe subscribed to the within instrument and acknowl- edged to me that•4&/she/t4ei- executed the same in 4io/ her/*&ir- authorized capacityoe&}, and that by his/ -ham/ ttuair-signature(&)-on the instrument the person(4 or the entity upon behalf of which the person(q}acted, executed the instrument. WITNESS my hand and official seal. Signature SS. R. STANDLEY OPTIONAL R. STANDLEY COMM. #1263272 N07pRY PUBLIC • CALIFORHIA RIVERS;OE COUNTY a 2004 MyCor^m.Expires This area for O;ricial Notaria,-Seal Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PAFITNER(S) ❑ LIMITED ❑ GENERAL ❑ ATrORNEY-IN-FACT ❑ TRIJSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNES IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ]D-081 Rec.6/94 ALL-PURPOSE ACKNOWLEDGEMENT J IJ-l. 1f15CC�lco �s5D PAYMENT BOND - PUBLIC WORK Bond No. $16282P Premium included in Performance bond. KNOW ALL MEN BY THESE PRESENTS, That LANDMARK FENCE CO., INC. , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH , as Obligee in the sum of. ONE HUNDRED EIGHTY NINE THOUSAND ONE HUNDRED EIGHTY N_01100 -- - - Dollars ($ 189, 180.00 - - - . for the payment whereof, in lawful money of the United States, 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, the above bounden Principal has entered into a contract, dated AUGUST 4, 20 with the obligee to do the following work, to wit: BLUFF TOP PARK RAILING REPLACEMENT CASH CONTRACT 1134 Now, therefore, if the above bounded Principal, contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 31 B1 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, that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this band, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, and attorney's fees to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 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. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this LANDMARK FENCE CO., INC. ANIK 7th Principal APPROVED AS TO FORM:' GAIL HL' T T,0:] , City Attorney By: day of AUGUST M 2000 . DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine, California 92614 (949) 263-3300 01-028 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT State of California S5. County of San Bernardino-- I i On August 9, 2000 before me, Stephanie Ryan (DATE) ;NOTARI'j personally appeared Robert Yanik S:G%;ER:Si ® personally known to me - OR - BifPIiWE RYAH N Comm,11255668 NOTAAMILIC-CALIFoiBillt 1!J Lei ARIths Cowlq YY {eelnl,14toi Much 3, 2004 "A ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIG�AFURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSFRVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSOSI(S) OR ENTITY(IESi DESCRIPTION OF ATTACHED DOCUMENT Payment Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER a RIGHT THUMBPRINT ii OF E SIGNER 0 a r APA 5/99 VALLEY -SIERRA, 800-362-3369 STATE OF COL;VTY OF CALIFORNIA RIVERSIDE On 00 before me, PERSONALLY APPEARED MICHAEL D. STONG personally known to me ( - to be the person(} whose name(.F) is/ -ate subscribed to the within instrument and acknowl- edged to me that-#e•/she/t#ey executed the same in tom/ her/4;w4r authorized capacity(-ie-+, and that by hisAwr.,/ .tb-;; signature(s*on the instrument the person(( or the entity upon behalf of which the personE+acted, executed the instrument. WITNESS my hand and official seal. Signature R. STANDLEY OPTIONAL _ R. STANDLEY COWL. 0263272 N IIOTAKi A�14,IC - CALIFORNIA a `' TY [zi.'E25!oC s�uno 7 2004 COMM, ExPirn This area for OlFicial Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(iES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/44 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY No 0 9 O 6 P0, BOX 19725, IRVINE, CA 92623 • (949) 263-3300 NOTICE: t. All power and authority herein granted shall in any event terminate on the 315t day of March, 2002. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink. the signatures are in Dlue ink and this notice is in blue ink. A. This Power of Attorney should not be returned to the Attorney(s) -in -Fact, but should remain a permanent part of the obligee's records. KNO%N ALi_ MEN BY THESE PRESENTS, tnat except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, buc not jc.ntly. ne�eby make, constitute and apooint ***MICHAEL D. STONG, SUSAN C. MONTEON, ROSEMARY STANDLEY, JOINTLY OR SEVERALLY*** the true and lawful Attorrey'[s)-ImFact, to make, execute. deover and acknoWedge, for and on oehal' of said corporations as sureties. bonds, undertakings and contracts of suretyship P.,tn am0an' not exceed•ng Ter. Mil ion Dot:ars (StG.000,00G) in any s•ngte uncertaktng, g v rg and granting unto said Attorneys) -In -Fact Putt power and authority to do and to perform every act necessary, requisite or proper to be core in connection therewitn as each of sa-d corporations could do, but reserving to each of said corporal cns full power of substitution and revocaacn: and as of the acts of said Anorney(s)-In-Fact, pursuant to these presents, are nereby ratified and confirmed. This Poorer of Attorney is g,antec and is signed by facsimile under and by authority o' :me fo lowing resolutions adoptea by the respeclive Board of Drectcrs C•' INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effect-ve as of September 24, 1986: Rc"SOLVED, tnar the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is. auror:Wd to execute Powers of Arorney, qualifying 1ne attdrney[s) named ;n the Powers of Attorney to execute, on oehalf of the corporations. bonds, undertakings and Contracts of surer;s•-nip: and that the Secretary or any Ass! star.' Secretary of the corporations be, and each of them hereby is- authorized to attest the execu,,ion of any such Power of Attorney-. RESOLVED, FURTHER, that the signatures of such officers may be affixed to ary such Power of Attorney or to any certificate reiating thereto oy 'acsim.Ie, and any such Power of At:orrey or Certificate nearing such facsimile signatures sha;I be va;io and binding upon the corporation when so affixed and it the future with respect -o any bond, undertaking or contract of suretyship to which it is attached. IN %PjITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents :o ce S,y^ned by the r respective Pres;cents arc attested by their respective Secretaries tnis 3rd day or December, 1999. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By_ By r Crowell �PANY r Crowe -I resident G" Rpo90F^ _ residert r4 G•^• 4! ? T. 5 R0 c ATTEST O $ NAR 27 O 1967 e $ 1979 2 c4lrcpPN,r a O C'gGrFpF�,r Y By * By Walter CrowI Walter Crowell Secretary Secretary STATE OF CALIFORNIA j - )SS. COUNTY OF ORANGE On December 3, 1999, before me, Caroline A. Hrycyk, personally appeared Harry Crowell and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/her/their authorized capacityfies), ar-d that by his/her/their signature(s) on the instrument the peisonis), or the entity upon behalf of which the person(s) acted• executed the instrument. WITNESS my stand nd official seal. t CAROLINE A. HRYCYK Signature ❑ COMM. # 1237813 Notary Public - Califomla -v ?r ORANGE COUNTY A My Comm, Expires OCT 12, 2003 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Nice President of DEVELOPERS INSURANCE COMPANY, does hereby Certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the re5o!ution5 of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. ,�1�y This Certificate is executed in the City of Irvine. California. this day of INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY O*3PAN Y� ^ 'J/!1/�Jl . ttySUHq,4 - aG- opP Dqq� �P�' oRP Ora4r C� ti= � _ R O By DCT.5 C By "R.27 a v William T. Sherer o te67 2 W Ilia. T, Sherer y 1979 z Senior Vice President y °4Qo t;ar Senior Vice President p. a �r ID-314 (REV. 12/99) LANDMARK Landmark Fence Co., Inc. RESOLUTION OF THE BOARD OF DIRECTORS OF LANDMARK FENCE CO., INC. (A California Corporation) Authority for Robert Yanik, President (Catch All) !, the undersigned, being all of the Directors of Landmark Fence Co., Inc., a California corporation, having met and discussed the business herein set forth, have unanimously: RESOLVED, that Robert Yanik, as President, be and is hereby authorized to borrow money for the corporation, and/or make loans of any size, type, or kind whatsoever, at his discretion, on behalf of the corporation, and be it FURTHER RESOLVED, that Robert Yanik, as President, be and is hereb%t authorized to negotiate, consummate, and/or enter into any type of financing, purchases, conditional sales contracts, leases, lease purchase agreements, co-sign for or make loans to employees, or enter into and execute any documents representing debt or encumbrances or obligations of any nature, for and on behalf of the corporation, at his discretion and in his best judgment, and be it FURTHER RESOLVED, that Robert Yanik, as President, be and is hereby authorized to enter into any type of contractual agreement at his discretion, and be it FURTHER RESOLVED, that Robert Yanik, as President, be and is hereby authorized to handle all employment of corporate employees which in his discretion is in the best interest of this corporation, and be it FURTHER RESOLVED, that Robert Yanik, as President, be and is hereby authorized to make any decisions, take any actions, issue any directives, and/or consummate any business transactions whatsoever in the pursuit in the corporation's business. DATED this 17th day of July 120 00 Robert Yanik Director in Toto 3964 Mission Blvd, Montclair, CA 91763-5301 909-623-9450 Fax 909-623-9420 a 9 t VAA.- � 4v SECRETARY OF STATE 2033822 OFNT co I, BILL JONES, Secretary of State of the State of California, hereby certify: That the attached transcript has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this AL'r, 2 5 fgq� �Fg r/a M�0,0'0 owl Secretary of State 5F'.5'a1F F_aM U-19' :.F': A•�7 97 35085 ATTACHMENT #1 t eocsr V � � I � h M[ F.lagF h v O w C � � Q AIX& cy LI Y£R ti � � T.ILAE.Pr IV� `;. ,C Y„ °v ELL/S 3, 6,4,t F/E(0 Tp.4ZA' 7'0 1' 4 444,J r� -r ivoiw arms q � 1 i fj Bluff Top Park Railing Project r PROJECT LOCATION MA P RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the Tower Zero & Restroom Project CC-883, and File a Notice of Completion COUNCIL MEETING DATE: July 17, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED . RETURNED FORWARDED Administrative Staff ( } ( ) Assistant City Administrator (Initial) ( ) ( } City Administrator (Initial) City Clerk ( } EXPLANATION FOR RETURN OF ITEM: RCA Author: Charlonne 7 - VS)rj Council/Agency Meeting Held: f 5~ Deferred/Continued to: �(Ap roved ❑ Conditionally Approved ❑ De d Pty le 's Signature Co cil Meeting Date: June 5. 2000 Department ID Number: PW 00-033 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION � - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS _ SUBMITTED BY: RAY SILVER, City Administratorla ee�� PREPARED BY: u`'ROBERT F. BEARDSLEY Director of Public Work SUBJECT: APPROVE PLANS AND SPECIFICATIONS, AND AUTHORIZE REQUEST FOR BIDS FOR THE BLUFF TOP PARK RAILING REPLACEMENT PROJECT, CC-1134 - Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Status,-Attachment(s) �- Statement of Issue: Staff has completed plans and specifications for the Bluff Top Park railing replacement project between 9th Street and Goldenwest Street, and the project is ready for bidding:-; Fundinq Source: Sufficient funds have been authorized for the Bluff Top Railing and are available for this project in account number E-CP-CS-674-6-39-00 (General Fund Capital Project Bluff Top Railing Repairs.) Recommended Action: Motion to 1. Approve attached project specifications and authorize the Director of Public Works to request construction bids for the replacement of existing railing along the Bluff Top Park, Cash Contract-1134; and, 2. Approve attached sample contract subject to award of the contract to the lowest responsible/responsive bidder. Alternative Action(s): Deny approval of the specifications; sample contract, solicitation for bids and forego the construction of railing replacement along the bluffs. REQUEST FOR ACTION MEETING DATE: June 5, 2000 DEPARTMENT ID NUMBER: PW 00-033 Analysis: The Bluff Top Park area is a very popular and very highly used park for pedestrians walking along the trail. The bluffs are constantly battered by salt and moisture -laden winds, and construction materials used in this area are subject to corrosion. The existing railings along the walkways and driveways are rapidly deteriorating, and some have collapsed. Temporary chainlink fencing has been installed to secure the area from the public. The railing will be replaced with a PVC pipe railing, similar to the type used in the Pier Plaza Project. City staff has completed plans and specifications for the removal and replacement of the railing along Bluff Top Park between 9th Street and Golden West Street, approximately 5,125 linear feet of railing. Therefore, the Director of Public Works requests authorization to advertise this project for bid. Environmental Status: The City has reviewed this project and determined it to be categorically exempt pursuant to the California Environmental Quality Act 15301(c) . Public Works Commission Review; The Public Works Commission reviewed this project on May 17, 2000, and unanimously recommended approval. Attachment(s): 1. Sample Construction Contract 2. Project Specifications 3. Location Map RCA Author: Charlonne/Martinez:jm G:ENGkCHARLQNNE RCA re Railings -2- 5/23100 11:51 AM ATTACHMENT #1 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR BLUFF TOP PARK (BLUFF TOP PARK - 97-'STREET TO GOLDENWEST STREET), CC NO. 1134 THIS AGREEMENT, made and entered into this day of 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Railing Replacement for Bluff Top Park (Bluff Top Park - 91" Street to Goldenwest Street), Cash Contract No. 1134, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner jmp?klag ree/formicon-sam14,'21/00 1 SAMPLE shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California jmp.'k.agreelform.con-saml4.i24!OD 2 SAMPLE chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion implklagreelform./con-sam/4120i00 3 SAMPLE within () consecutive from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. jmaiklagree!formlcon-sam,4120!00 4 SAMPLE When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or jmpiklagreelform, con-samlal20100 5 SAMPLE structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. j mp;klagreeiform/con-sa m/4120i 00 6 SAMPLE CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. jm plk/agree form, con-sam/4120/00 7 SAMPLE 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in jmp?k:agreeiformlcon-samW20?00 8 SAMPLE price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit jmpiklagreelformicon-sam14f20?00 9 SAMPLE therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. j mp/klag reelformi con-sam14120100 10 SAMPLE 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including prod uctslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be jmplklagreelformlcon-saml4120100 11 SAMPLE applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (34) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -Insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. jmplk'agreeiform.'con-sarnAM!00 12 SAMPLE 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 of seq. im plklagree/form/con-saml4?20/00 t SAMPLE 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to i mp/k/agree/form/con.sam/4/20!00 14 SAMPLE Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorneys fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle tine) Secretary/Chief Financial Officer/Asst Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works jmp,'klagreelifofmicon-sam14,'20100 15 SAMPLE ATTACHMENT #2 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the BLUFF TOP PARK RAILING REPLACEMENT CASH CONTRACT No. 1134 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: June 27, 2000 2:00 PNI, 2ND. FLOOR City- Clerk's Office ROBERT F. BEARDSLEY, DIRECTOR DEPARTMENT OF PUBLIC WORKS Doe, i-`37593 vt Ver.1_._. CITY OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the BLUFF TOP PARK RAILING REPLACEMENT CASH CONTRACT No. 1134 Prepared Under the Supervision of: {Engineer's Stamp} {Engineer's name), R.C.E. No. Date Approved by: Robert E. Eichblatt, City Engineer, R.C.E. No. 20921 Date NOTE: If there are anY questions relative to this prr�lect, please call Robert A. ,Lfarlinez, Ciny's Project 11anager, at (714) 536-5423 CITY OF HtiNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET 1-IUNTINGTON BEACT-1, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICEINVITING SEALED BIDS..................................................................................... A-1 SECTION B INSTRUCTIONS TO BIDDERS.............................................................................................B-1 1. Proposal Forms............................................................................................................B-1 2. Proposal Guarantee......................................................................................................B-1 3. Proposal Signature .................................................... .......................................... .... ..... B-1 4. Delivery of Proposal....................................................................................................B-2 5. Return of Proposal Guarantee......................................................................................B-2 6. Taxes.......................................................................................B-2 7. Disqualification's of Bidders.......................................................................................B-2 8. Contractor's License Requirement...............................................................................B-2 9. References....................................................................................................................B-3 10. Listing of Subcontractors...........................................................................................B-3 11. Discrepancies and Misunderstandings.......................................................................B-3 12. Equivalent Materials............................................................................ .................... ..B-3 13. Legal Responsibilities................................................................................................B-3 14. Award of Contract.....................................................................................I..............,.B-4 15. Material Guaranty......................................................................................................B-4 16. Execution of Contract................................................................................................B-4 17, Submission of Bonds and Insurance..........................................................................B-4 18. Addenda.....................................................................................................................B-] SECTION C PROPOSAL............................................................................................................................C-1, 2 Project Bid Schedule......................................................................................... C- I s - C-{ Is List of Subcontractors......................................................................................................C-3 Noncollusion Affidavit ....................................................................................................C-4 UtilityAgreement.............................................................................. .C-5 Disqualification Questionnaire........................................................................................C-6 Compensation Insurance Certification.............................................................................C-7 Underground Service Alert - I.D. Number......................................................................C-8 Bidder's Information..................................................................................................C-9, 10 SECTION D SAMPLECONTRACT............................................................................................................ D-1 SECTION E SPECIAL PROVISIONS.....................................................................................E-1 PART 1 GENERAL PROVISIONS SECTION I -TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS........................................E-1 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK.........................................E-2 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-9 SURVEYING 2-10 AUTHORITY OF BOARD AND INSPECTION SECTION 4 - CONTROL OF MATERIALS .....................................................E-5 4-1 MATERIALS AND WORKMANSHIP iv SECTION 5 - UTILITIES...................................................................................E-6 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK ...................................... E-6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 2:00 PM OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR........................E-7 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7- PROJECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVI-NIENCE AND SAFETY SECTION 8 - FACILITIES FOR AGENCY PERSONNEL ............................ E-11 8-1 GENERAL SECTION 9 - MEASUREMENT AND PAYMENT........................................E-12 9-3 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS............................................................. E-13 200-2 UNTREATED BASE MATERIALS SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS ......................................................E-13 201-1 PORTLAND CEMENT CONCRETE SECTION 203 - BITUMINOUS MATERIALS ...............................................E-I3 203-BITUMINTOUS MATERIALS v PART 3 CONSTRUCTION METHODS I SECTION 300 - EARTHWORK.......................................................................E-16 300-1 CLEARING AND GRUBBING 300-2 UNCLASSIFIED EXCAVATION SECTION 302 - ROADWAY SURFACING ....................................................E-17 302-5 ASPHALT CONCRETE PAVEMENT SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION.............E-20 303-5 CONCRETE CURBS, WALKS GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAY SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION ...............E-20 306-1 OPEN TRENCH OPERATIONS SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS.................E-22 SECTION 310 - PAINTING .............................................................................E-23 310-5 PAINTING VARIOUS SURFACES APPENDIX I - STANDARD DETAIL DRAWINGS & GENERAL LOCATION PLAN vi SECTION A NOTICE INVITING SEALED BIDS for the BLUFF TOP PARK RAILING REPLACEMENT CASH CONTRACT No. 1134 i n the CITY OF HL:NTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on June 27, 2000. [aids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $5 00 nonrefundable fee if picked up, or payment of a $10.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the millllnunl prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590, The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGI`_�NCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The .AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH. CALIFORNIA. the 6th day of June 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California. which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineat ions, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given: and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. 13-1 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for BLUFF TOP PARK RAILING REPLACEMENT in the CITY OF HU-NTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the Agency's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 7. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal. all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. S. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 10. Listing of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies and Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any 2:00 PM after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, lie shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that 2:00 PM, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility Of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions. provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. Seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-3 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of 2:00 P;M from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the 2:00 PM limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4. "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the '_notice of Completion. lb. Execution of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission of Bonds and Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. f3-4 SECTION C PROPOSAL for the BLUFF TOP PARK RAILING REPLACEMENT from CASH CONTRACT No. 1134 in the CITY OF HL:NTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on rile in the oflice of the Cite Engineer of the Cite of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site. plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a hid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-t If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of S whichsaid amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond". as the case may be). Bidder shall signify receipt ofall Addenda here, if any: Addenda Na. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Alame and Address of Subcontractor State License Alumber Class By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly- sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation: that the bid is genuine and not collusive or sham: that the bidder has not directly- or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding: that the bidder has not in any manner, directly or indirectly. sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract: that all statements contained in the bid are true; and, further, that the bidder has not, directly- or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation. partnership, compare association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Dame of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 2000. NOTARY PUBLIC NOTARY SEAL C-a UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF H1;NTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BLUFF TOP PARK RAILING REPLACEMENT, (I)(we)(it) will employ and utilize only qualified persons. as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction. is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Contractor I3v Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of penury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ❑ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply- with such provisions before commencing the performance of the work of this contract. Contractor By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216.4 )17 of the Government Code requires a Dig Alert Identification Dumber be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification :dumber. call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Aumber: Contractor LIM Title Date: Note: This fbrjrt is required for everil Dig Alert Identifications "umber issued by° US.A. during the course of the Fellork. Additional,form.s may be obtained f•orn the AGE' 0' ul)on request. c-8 BIDDER'S INFORMATION BIDDER certilies that the following information is true and correct: Bidder Name Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on , 2000. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability. financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _ day of ,2000. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. .r� Name and Address of Public Agency Name and Telephone No. ol' Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Tape of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 SECTION D SAMPLE CONTRACT D-1 SECTION E SPECIAL PROVISIONS All the Work to be done under this contract shall be in accordance with these Special Provisions and the "GREENBOOK" Standard Specifications for Puhlic Works Construction. 2000 edition, including any supplement, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher: B-Mi Building AVews 3055 Overland Avenue Los Angeles, California 90034 (213) 202- i; 5 The Standard Specifications set forth above. referred hereinafter as Standard Specifications, will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The section numbers of these Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out. PART 1 GENERAL PROVISIONS SECTION I TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS [Add or redefine the following:]. AGENCY - The City of Huntington Beach. Board - The City Council of the Cite of Huntington Beach. Caltrans - The State of California Department of Transportation. County - The County of Orange. Engineer - The City Engineer of the City of Huntington Beach or his authorized representative. E-1 SECTION 2 SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT [Replace with the following:]. Within 10 working days after the date the AGENCY'S award of contract, the Contractor shall execute and return all contract documents required by the AGENCY. The AGENCY reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY. to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS [Add the following:]. The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. In conformance with the State of California Government Code, Chapter 13. Section 4590. the Contractor may substitute securities for any monies withheld by the City to endurance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the AGENCY, or with a state or federally chartered bank as the escrow agent. who shall pay such monies to the Contractor upon notification by AGENCY of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the AGENCY. 2-5 PLANS AND SPECIFICATION'S 2-5.1 General [Add the following:]. Only written authorization from the AGENCY _shall be binding over any deviation or change in the Plans and Specifications. Please refer to SECTION 3 - CHANGES IN `CORK for further explanation. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show E-2 the as -built conditions. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. E-3 Reference in the Special Provisions to "State Standard Specifications" shall mean the Standard Specifications, latest edition, of the State of California. Department of Transportation. Copies of these specifications may be obtained from: State of'California - Department of General Services Publications Divributlon L-'nil P.O. Box 1015 11'orlh Highlands, California 95660 Reference in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Huntington Beach, and where applicable, the following: Standard Plans for Public Works Construction, published by the American Public Works Association, latest edition. Standard Plans, published by the Orange County Environmental Management Agency. Standard Plans, published by the State Department of Transportation, latest edition. Applicable Standard Plans for this project are contained in Appendix I of these Special Provisions. 2-9 SURVEYING 2-9.1 Permanent Survey Markers [Add the following:]. When the Contract does not include a pay item for monument adjusting as specified, and unless otherwise provided in the Specifications, full compensation for adiusting to finished grade shall be included in the price bid for other items of work and no additional compensation will be allowed therefor. 2-9.3 Survey Service [Add the following:]. All construction surveying and monument preservation surveying necessary to complete the work shown on the plans and provides in these contract documents and specifications shall be accomplished by or under the direction of a licensed [and Surveyor or Professional Engineer, with the ability to practice land surveying, retained or provide by the contractor. The AGENCY reserves the right to direct additional construction survey be performed when it feels it is required to adequately construct the work. Payment for construction surveying and monument preservation shall be per the contract lump sum bid price and no additional compensation will be allowed therefor. When the Contract does not include a pay item for construction surveying and monument preservation as specified above, and unless otherwise provided in the Specifications, full compensation for all construction surveying and monument preservation required to complete the work shall be included in the price bid for other items of work and no additional compensation will be alloyed therefor. E-4 . 2-10 AUTHORITY OF BOARD AND INSPECTION [Add the following']. The Contractor shall give at least 24 hours advance notice when lie or his subcontractor will start or resume the x ork. The above notice is to be given during working hours, exclusive of Saturday, Sunday or AGENCY holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs. /day or more than 40 firs. heck, Saturday, Sunday, or AGENCY holidays, he shall arrange with the Engineer for the required inspection service and pay in advance, the Special Inspection Fees which will be charged at the following rates: 4 firs. or less/day - 5225.00 4 hrs. to 8 firs. /day - $450.00 When Special Inspection is required; the Contractor shall notify the AGENCY and pay inspection fees 24 hours in advance. If the Contractor is directed by the AGENCY to work under this contract more than 8 hrs...day or more than 40 hrs. /week. the Special Inspection fee requirements will be waived. E-5 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General [Add the following:]. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment. and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work. which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Security of this guarantee shall be in the form of a Maintenance Bond furnished to the AGENCY by the Contractor. There shall be specific wording in the Maintenance Bond, which includes the guarantee or warranty of the labor and materials for a one-year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be for 100 percent of the total amount earned to date as indicated on the final progress payment. The AGENCY reserves the right to withhold the retention until the Maintenance Bond has been accepted by the AGENCY. The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice. Failure to comply with such notice will cause the AGENCY to file claim against the bond. Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the AGENCY, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 4-1.4 Test of Materials [Replace the third sentence of the first paragraph with the following:]. Unless otherwise provided, all testing shall be performed under the direction of the Engineer and the AGENCY will bear the cost of initial testing of material and workmanship, which are required by the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.6 Trade Names or Equals [Replace the last two sentences of the first paragraph with the following:]. Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth in the Instructions to Bidders. E-6 SECTION 5 UTILITIES 5-.1 LOCATION [Replace the first sentence of the last paragraph with the following:]. The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibilit alone to determine the location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall pothole all utilities, including service connections. which have been marked by the respective owners and which may affect or be affected by the Work. 5-4 RELOCATION [Replace the second sentence of the last paragraph with the following:]. When not otherwise required by the plans and specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections. as necessary, between the meter and property line, or between the meter and limits of construction. 5-5 DELAYS [Add the following paragraph:]. All notification to utility companies insofar as the relocation or removal of a utility shall be made by the Engineer based on Contractor's request as submitted to the Engineer at least 48 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor. if these costs are a result of the Contractor's request being untimely in any respect excepting thereof any delay cost incurred as a result of the utility company not responding at their agreed times. E-7 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK [Replace the first sentence of the first paragraph with the following:]. The Contractor's proposed construction schedule shall be submitted to the Engineer within 10 working days after the date of the AGENCY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and deliver; dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION 6-7.1 General [Add the following:]. The time within which the Work must be completed by the Contractor is fixed at 60 working days. including pipe delivery, starting from and after the date in the Notice to Proceed with the Work. exclusive of maintenance periods. 6-7.2 Working Day J_Add the following:]. The Contractor's activities shall be confined to the hours between 7:00 A.M. to 4:00 P.M., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benelits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 LIQUIDATED DAMAGES [amend the liquidated damage amount to read:]. $250.00 E-S SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES [Add the following:]. A noise level limit of 95 dbl. at a distance of 50' shall apple to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 7-2 LABOR 7-2.2 Laws [Add the following:]. The Contractor, and all subcontractors. suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 Liability Insurance [Add the following:]. The insurance company issuing the Certificates of Insurance is required to be duly licensed to transact business in the State of California. 7-5 PERMITS [Delete Subsection in total and substitute with the following:]. Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGE\CY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor. at no additional cost to the AGENCY, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control [The second paragraph is amended to read:]. Finless directed otherwise by the Engineer, the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean wherever construction, including restoration, is incomplete. E-9 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems. signs, utility installations, pavements, structures and landscaping) which are damaged or removed as a result of his operations. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Delete the last paragraph and substitute the following:]. All cost to the Contractor for protecting. removing, restoring, repairing. replacing, or reestablishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access [Add the following:]. All traffic control shall be in accordance with the latest edition of the following documentation: Caltrans - Manual of Traffic Control Devices for Construction and Maintenance Work Zones, Traffic Manual, Sign Specifications. Standard Plans, Standard Specifications and the AGENCY's Maintenance Work Traffic Control Manual. The Contractor shall provide, to the Engineer. a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergence occur requiring replacement or relocation of the required traffic control devices. Prior to the start of construction. the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate starting date, completion date, and the name and telephone number of contractor representatives who may be contacted at any hour in the event of an emergency. POLICE DEPARTMENT: Watch Commander @ (714) 960-8809 FIRE DEPARTMENT: Battalion Chief/Development w (714) 536-5411 E-10 Information signs shall be required on all arterial streets one week prior to beginning of roadway . construction projects. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. Any relocation of travel lanes longer than three calendar days shall be delineated by removing the existing striping and legends by wet sandblasting and placing new striping and legends as required. Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sandblasting. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delincators. The Contractor shall provide and maintain all signs. barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation Standard Plans and the current City of Huntington Beach Maintenance Work Traffic Control Manual. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. Warning Signs Adequate warning signs for motorists, bicycles and. pedestrians shall be placed and maintained throughout all applicable phases of the work along the buff top, including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. E-II 7-10.3 Street Closures, Detours, Barricades [Add the following:]. Street closures will not be allowed except as specifically permitted by the Engineer. Construction Traffic Control Plans shall be prepared in accordance with the AGENCY's latest Traffic Control Plan Preparation Guidelines and shall be reviewed and approved by the Engineer. The Contractor shall submit the plans to the Engineer for approval or correction at least 10 working days before approved plans will be required Ior commencing the work. Approval of the plans by the Engineer shall not relieve the Contractor from the responsibility for errors or omissions in the plans or from deviations from the Contract Documents. The Contractor shall be responsible for the correctness of the plans and for the results obtained by the use of such plans. Full compensation for Construction Traffic Control Plans shall be paid for on a lump sum bid price and no additional compensation will be allowed therefor. 7-10.5 Protection of the Public [Delete Subsection in total and substitute with the following:]. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety. protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation. the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the lull responsibility for public safety. E-12 SECTION 8 FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL [Add the following::]. No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor, at any time during the operation of the Work. C-13 SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General [Delete the last paragraph and substitute with the following:] At the expiration of 35 days from the tiling and recording of the Notice of Completion of the Work, the amount deducted from the final estimate and retained by the AGENCY will be paid to the Contractor except such amounts as required to be withheld by properly executed and filed to stop payment, or as may be authorized by the contract. 9-3.2 Partial & Final Pavment [Amend the first sentence of the first paragraph to read:]. The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY'S payment procedure. Each month, the Contractor shall meet with the Engineer. a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Add the following to the end of the section:]. Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as -built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon. the AGENCY shall permit the substitution and deposit therewith of securities equivalent to file amount of any monies withheld by the AGENCY. E-14 PART 2 ` CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.2 Materials. 201-1.2.4 Admixtures [Delete Subsection in total and replace with the following:]. Admixtures will not be permitted. 206-5.3 PVC RAILING 206-5.3.1 Materials. All railing shall be PVC vinyl railing as manufactured by Saftron Railing Corporation Miami Beach Florida ((305) 233-5511. All railing to be Series 4242T Safety Railing and color Taupe, NO SUBSTITUTIONS ALLOWED. F-15 PART 3 ' CONSTRUCTION METHODS SECTION 300 EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials. 300-1.3.1 General [Delete Subsection in total and substitute with the foilowing:]. No burning will be permitted. No accumulation of flammable material shall remain on or adjacent to the right-of-way. "fhe roadway and adjacent areas shall be left with a neat and finished appearance. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the pre job meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route. 300-2 UNCLASSIFIED EXCAVATION 300-2.1 General [Add the following:]. Unclassified excavation shall include excavating, removing, hauling and disposal of all material including asphalt concrete pavement to the subgrade elevations indicated on the plans as required to construct the new improvements. Removal of asphalt concrete, aggregate base and native soil shall be made at the locations shown on the plans. or as specified in the field by the Engineer. Asphalt pavement shall be removed to clean straight lines by saw cutting or core drilling. 300-2.9 Payment [Add the following:]. Unless directed otherwise by the Engineer, stockpiling of removal material will not be allowed in or around the project site. Payment shall be included in other items of work. Said payment shall also include full compensation for all required saw cutting of removal areas. E-16 ATTACHMENT #3 CiV1C CENTER PROJECT LOCATION MAP RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works Department SUBJECT: Approve Plans, -Specifications and Authorize Request for Bids for Bluff To Railing CC-1 134 COUNCIL MEETING DATE:. June 5, 2000 ... ... .... ............ ... . ... .. . -RGAATTACHMENTS ... . . . .... . .... ... ... ., . . .. ...... . STATUSm. ........ ... . ........ Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full bythe City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the Cify Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If aP21icable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable . . :.:::: .......... .. .. ... ........ .......... .. ... .. .. . EXPLANATION FORMISSING ATTACHMENTS ........... . ..... . ... . ......................... . ... .. . ..... REVIEWED . . .......... . .... ...... .................................... ... 'RETURNED"" ;';FORWARDED Administrative Staff Assistant City Administrator (Initial� City Administrator (Initial) City Clerk . .. .... .. .. . .. . . .... . .. . ............. ........ ... . . . ....... :EXRLA19A TION'FOR RETURN OF ITEM. R _0A SECTION A j7+rj�i Sh h'Q_G� ZZ NOTICE INVITING SEALED BIDS for the BLUFF TOP PARK RAILING REPLACEMENT CASH CONTRACT No. 1134 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on June 27, 2000. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Details, Specifications, and contract documents are available starting on June 12, from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $5.00 nonrefundable fee if picked up, or payment of a $10.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California. which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 Is The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUttiTINGTON BEACH, CALIFORNIA, the 5th day of .Tune 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 Cj Y nP UACH. CA ZOOO AN 21 P 2.- 0 1 b�' :1 d L7 Of 0091 0 , H 0 P, N PROOF OF PUBLICATION r STATE OF CALIFORNIA) _ - be disorimineted against 1 : SECTto ,tie basls'`of 11aoe,- S S. NOTICE :;INVI'TING .. l color; national origin, County of Orange SEALED -:-BIDS` ' ancestry, sex;oor religion I , for. the Y- in ngy i consideration to':the award of BLUFF. TOPS ;contract. wadi _--° PARK -_RAILING..%I No.-bid�ahall tie con. REPLACEMENT-- :sidered `unless it Is i am a Citizen of the United States and a I I CASH CONTRACT : prepared on -, the . ap- No. 1134=' : +!mooed Proposal 'firms resident of the County aforesaid; I am the I'Instre bids to Bidders. over the age of eighteen years, and not a CITYhOeF The bid must be ec- .HUNTINGTON: , : ;�mpanled bY;,e. certified 'cashiers party to or interested in the below BEACH ;check, check PUBLIC. NOTICE -IS ,or bidder's bond made entitled matter. I am a cleric of HUNT- Ifory an to the amountnoAGENCY thenEBY CITY GIVEN 1096 of the amount principal thebtds HUNTINGTON BEACH INDEPENDENT, a INGTON BEACH, sae .than bid- AGENCY; invites 'seated bid: Theshall licensed for the above stated der shell be licensed in newspaper of general circulation, printed such bids n will receive accordance with such bids in the,oMce`of. provisions o!'the Buai- Professions and published in the City of Huntington [he City Clerk, 'Second ness and, , 2aoo Main Street, Code and shall passes Beach, Cali- State 'Contractor's Beach Co l J n ty of Orange, State of[ Huntington a Hunts forria 92648, up to the License 'Class 'at the hour 2:00 PM on June time of the: bid. opening. California, and that attached Notice is a of 27, 2000. -Bids will be The successful-Contrac- publlcly open in the for and his ':5subcon- true and complete co as was printed PY P ed Council Chambers un=i tractors will-be,raines [ass otherwise- posted. ! . possess r business the and published in the Huntington Beach lto icenses Copley of the Details, licensee .from"' Specifications, and Bond AGENCY: - The - AGENCY re - and Fountain Valley issues tract documents are! - available starting on,serves the right to reject of said June 12. from the Office; any or all' bids, to waive newspaper to wit the issue(s) of: of -the Director of Public) any irregularlttyy and to Works, 2000- Main, take all ' bids under Street,.- Huntingtoni, advisement for a Beach, CA 92648, upon : -maximum perlod of 60 payment- of ' a $5.001 .days. - -nonrefundable; fee Ili . BY ORDER of the June 8, 2000 picked up, or payment of CITY COUNCIL- ,of the a $10.1M nonrefundabie CITY OF HUNTINGTON Junta 15, 2000 fee if. mailed. = BEACH, CALIFORNIA, Any contract enteredf - the - 5th- Aay`.of June into pursuant to this no2000. June 22, 2000 tics will incorporate the Attest, "Brockway, provisions of --the State! Connie Labor Code. Pursuant CITY CLERK OF ' THE lot . the provisions of the La-' ' CITY OF - bor Code of the State of HUNTINGTON BEACH I declare, under penalty of perjury, that Catilornia,: the minimum Published_ Huntington prevailing race of per Beech -Fountain Valley the foregoing is true and correct. diem wages -for each .Independent June 8.'15, craft: classification or 22,.2000 - type of workman needed 062c622 to execute the contract shall be those de- Executed on termined by -the Director of, Industrial Relationinf June 2 2 2 Q n o the State- of California, at Costa Mesa, California. which Office at the of the file r at the Director of Public Works, - 2000 Mein Street;. Huntington Beach. CA 92648. The AGENCY will de-1 duct a . 10% retention' from all progress pay- ments.° The Contractor may - Substitute an escrow holder.surety of equal valuelue to to the reten- Alon in accordance with the provisions of the Cal. Signature ifornla - Government Code,- Section 4590. The -Contractor- shall be .beneficial. owner of the surety. and'shall receive anyy interest -thereon.` < rThe' AGENCY-. hereby - affirmatively -ensures - that minority _ business enterprises will be- at - Full opportunity to -submlt -bids in response to this notice and'will not COPIES TO: Front Desk Engineer City Clerk Y, BL UFF TOP PARK RAILING REPLA CEMENT CC -1134 June 27, 2000, 20900 PM (Engineer's Estimate: $200,000) BID LIST (,- n -,,,) BIDDER'S NAME RANK TOTAL BID. AMOUNT l . Ace Fence Company 2. Crane Veyor Corporation $ 3. K.A.S. Equipment & Rental 3 $ 2 20 500 j CJ� 4. Landmark Fence Company 5. Milco Constructors. Inc. $ G. S. & S. Mechanical Corporation S 2 7. Trimark Construction $ S. $ 9. S 10. $ IL $ 12. S 12108420 I SECTION C PROPOSAL for the BLUFF TOP PARK RAILING REPLACEMENT from CASH CONTRACT No. 1134 in the CITY OF HU TINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTII\GTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supenision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working clays, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE tern..Estimated No. Quantity Item wit -unit.price written in words: Unit Price : Extended Amount 1 6000 LF Remove rxtisting Railing/Chain Link Fencing «• Two Dollars S 2.03 S 12,180.0 Three cents Per LF 2 6000 LF Install Sailron 4242 Safety Railing @ Twenty -Eight Dollars S 28.70 $172, 200.0 Sevens _Cents Per LF Additive Bid Items for stairs only 11 100 LF Remove Extisting Railing at stairs @ Fiye- Dollars S 5.00 S 500.00 No Cents Per LF 2 100 LF Install SaRron 7234 Safety Railing at stairs Forty —Three Dollars S 43.00 S 4,300.0 No Cents Per LF Total Amount Bid in Figures: $ 189,180.00 Total Amount Bid in Words: One Hundred Eighty Nine Thousand, One Hundred Eighty and 00 100 Dollars C-Is 4 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, findBidder ' s Boncin the amount of S imm .00 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids. payable to the AGENCY. (Please insert the words "Cash". "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. bale Received Bidder's Signature None C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number None. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. O 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 1 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of @KxW San Bernardino Robert Yanik , being first duly sworn, deposes and says that he or she is President of Landmark Fence Co., Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone sliall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and. further. that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Robert Yanik Name of Bidder ignature of fief f 0L S . Oaks Ave. , QntariQ_, CA q 176 Address of Bidder Subscribed and sworn to before me this 27th day of June , 2000. NOTARY PUBLIC STEPHANIE RYAN Comm.11255658 �A NO' A Ry PUBLIC-CALIFORNIA Vl CJ$ Aapilii Cowry f Comm. £ryiui Muth a, 2004 NOTARY SEAL C-a UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BLUFF TOP PARK RAILING REPLACEMENT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person u.-ho, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: June 27, 2000 _Landmark Fence_ Co., Inc. Contractor By Robert Yanik President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE 'r . Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: June 27, 2000 Landmark Fence Co., Inc. Contractor By Robert Yanik President Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service AIert at 1-800-422-4133 or 1-800-227-2600 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Afuniber issued by USA. during; the course of the Fork. Additional forms may be obtained tuna the AGE rCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: _ Landmark Fence Co., Inc. _ Bidder Name 601 South Oaks Ayenue Business Address Ontario CA 91762-4022 City, State Zip ( 909 ) 947-6850 Telephone Number 744115 C-13 12/31L01 State Contractor's License No. and Class 12/30/97 Original Date Issued 12/31/01 Expiration Date The work site was inspected by Bob Lunsford of our office on ,Tune 23 , 2000. The following are persons, firms, and corporations having a principal interest in this proposal: Robert Yanik C-9 The undersigned is prepared to satisfy. the Council of the City of Huntington Beach of its ability, financially or otherwise. to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Landmark Fence Co., Inc. Company Name Robert Yanik Printed or Typed Signature Subscribed and sworn to before me this 27thiav of June NOTARY PUBLIC ,2000. N Comm. 11255658 rr�� NOTAAYFUBUC-CAIIFOANIA Vi toy Agelvs Cowty �IComm. Erplrn Mad3,2004 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2 3. Compton U.S.D., 604 S. Tamarind Ave., Compton,_ CA 90220 Name and Address of Public Agency Name and Telephone No. of Project Manager: Reynaldo Villasenor 310-639-4321 $834,408.00 I_r_on Fence and Gates Contract Amount Type of Work 8/30/99 Date Completed Co. of L.A., Dept. of Public Works, P. 0. Box 1460, Alhambra, CA 91802 Name and Address of Public Agency Name and Telephone No. of Project Manager Bob Martinez 562-709-5816 $2231,634.36 Welded Wire Mesh Fence 3/31/00_ _ Contract Amount Type of Work Date Completed So. Whittier U.S.D., 10120 S. Painter Ave., Whittier, CA 90605 Name and Address of Public Agency ]game and Telephone No. of Project Manager: Bob VRAtacre 562-944-6231 $647,915.00 Security Fencing Contract Amount Type of Work 12/17/99 Date Completed C-t o k DEVELOPERS INSURANCE COMPANY 1C0 131D BOND BOND NO. KNOW ALL, MEN BY THESE PRESENTS, That we, LANDMARK FENCE COMPANY 50287— 51 as Principal, and DEVELOPERS INSURANCE COMPANY, a California corporation authorized to transact a general surety business in the State of CALIFORNIA CITY OF HUNTINGTON BEACH as Surety, are held and firmly bound unto in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID (hereinafter called the Obligee) Dollars, (S 107. OF BID W )for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for BLUFF TOP RAILING REPLACEMENT NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful perfor- mance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 26th day of LAVTJXARK PENCE COMPANY Principal JUNE DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine, California 92714 (714) 263-3300 By: J LLVL��' C-- SUSAN C . MONTEO'V A':e ney :n Facl DI 035 10r93 GENERAL B;D BOND AILL-PURPOSE ACKNOWLEDGEMENT State of California 5S. County of , a?c.' 4ruo On 06) before me, .� _b41Fi / INOIARyi persona appeared SIG.E: Ili [9<ersonaliy known to me - OR - STEPHANIE RYAN Comm. 11255658 NOTARY PUSUC-CAt1POANIA tom Ampla CowEly Yy Cm. lkpllll Mach a, 7004 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. vz'� tinraRY's SIONAn_ REV OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL g?r'ORPORAr OFFICER - - Trrt.Ias ❑ PARTNER(S) ❑ ATTORNEY-In-RACT ❑ TRUSTEE(S) ❑ GUARDIANICONSER- ATOR ❑ OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER d L SIGNER IS REPRESENTING: RIGHT THUMBPRINT G NA%IE OF PERSON(S) OR E\TITYNES! c OF a r SIGNER a APA 5/99 bAI-I.EY-51 ERRA. 800-362.3369 STATE OF COUNTY OF CAT,IFOR`TIA RIVERSIDE On �O 0� , before me, SS. R. STANI DT,EY PERSONALLY APPEARED-----St;SAN C. >]ONTEON--------- personally known to me 5rl•iri"-w4rc to b(_- the persoi)4; l%!hose nainnek&) iSAQ.C�ubscribed to the within instrument and ackno%vl- edged to me that 1w7Lshe/t}v-1�executed the same in lei&/ her/414Qix. authorized capacity(4@4 and that by !;- , her/ 41+@4- signature{} -on the instrument the person(iF47 or the entity upon behalf of %%7hich the person4,Lacted, executed the instrument. WITi\TESS my hand and official seal. Signature OPTIONAL R. STANDLEY ''� COMM. #1ZbJZIZ •'I NOTARY PUBLIC - CALIFORNIA / RIVERSIDE COUNTY �_,::r My Corrm. Expiros June T, 2004 TLis arts or C c! :ofar al Seal Thqug'n the data below is not required by law, it may prove va`uable to persons relying on the document and could prevent fraQdu'ent reattachment of thiw form. CAPACITY CLAIMED BY SIGNER C INDIVIDUAL C CORPORATE OFFICER ;-TLEiS) PARTNER(S) ti t "SITED GENERA, L� ATTORNEY -IN -FACT TRUSTEE(S) C GUARD IAN,'CONSERVATOR C OTHER: SIGNER IS REPRESENTING: NAME of PE.aSO.NiS) OR ENTiTmEs; DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF COCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ICI-11SI Rev-<<,y ALL-PURPOSE ACKNOWLEDGEMENT _il _''1� , ' . __ �_� ,_- `sf : I, I II ,•_. I ,i-=1'_-•' �' l " I 1 .I I, I1 Ir' ,r ,r_ :' _ _I. ' - I: ' ry ':j' •I it ,I '- j :r it _ _ _ I: V it -POWER OF ATTORNEY OF INDEMNITY COMPANY _OF.CALIFORNIA AND' DEVELOPERS INSURANCE COMPANY;; P.O. j OX!19725.IIRVINE:.CA192623 • (949) 263-3300. ' `' NOTICE. 1!'_ Afl[power and author- hereln'granted shall in anyee'vent terminate on the 31st tlay of March. 2002. _ _ ! :! N V 2. This Power of Attorney is void d alterep tjr if !any - portion is erased. „ ' - 3: , This Power of Attorney Is void unless the sea_ I is read_ able, the fail is in brown ink, the signatures are in blue ink aria this notico is in blue ink 14' This Power of A torney Should not tie returned : the'Attorno (s)-In-Fact, but should remain a permanent pan of the Obkgee's records: 'KNOW ALL)MEN BYJHESE-PRESENTS' that except as expressly iimrted, INDEMNITY COMPANY OF CALIFORNIA and'DEVELOPERS INSUR_ ANCE COMPANY,'do each se!verally.! - 'out net jofitly, nereoy_mane: c6nstitu-.6 and ii- op o,nt **M!I,CHAEL ID. STONG;'SUSAN C'.-MONTEON; -ROSEMARY STANDLEY;; SHAWN _ BLUME;.JOINTLY OR'_SEVERALLY'_I" '' the'true antl lati,.'ful Aacmey1,s-1n-Fac1,-_to make, execute. cel.�er ano ac' ,iovvledga_'for and on benait of saia'corporwions, as"sureties. bcnos" undertak=ngs and contracts of suretyship ' - in' rn arncunt not exceeding Ter M:I'ion Dollars {S`0,000,0001 in any. single, ungOaking; giving'aria g•ani:rg;Linio said Atwrnev(s)-In-Fac0utl power and authority to do and to perform ' •' _-every act necessary, reQu,sae or proper to -tie done it conneceon therewtIn as eacrl of sain corporations coa,d doj butreserv.ng to each of said corporations full power of substitution +: and revocation; and a I o1 :he acts of Sa•d AII66,ey'{s -1n-Fact. pjrsjani to these preS4nts;'are hereby ,at'•ed and cor1'=rred: - - .I ,i -,- II "I, -I! I: I, ,1 ,I _ ,I .I � ,t- I• I! __ - I- �_ .- � � _ s, __. , -- j =.. . - - , I _-. ' , �' ! • _': , I _ -: , I - _ is '- ' ! - •_ , I .' � - - , - i - � ' , ' • 1 • I , I , , . •_ : , This Power of Attorney gran" and is_if- -6d by facsirrt;te under antl by authority o1 the following resotut;ors_aaoptea by the respective Board ofPrectors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS'INSURANCE COMPANY, ef'ect.e as of Sep!er ber 24, 1986: 1 -- I - - it 11- 'r = !'RESOLVED. that the'Cha,rrran of the Board: tne'Presldent and any Vice President of the corporations oe.,and chat each of them hereby S. ei Ihonzed to execute -Powers of: 1, -Attorney quahfytri6.the attoiney'isi-named in the Powe%S'or Attcrney::o execute. on beha'!.of :he corporat.ors..bond s, un&e a4mgs andiconvact_s of suretysh:p.'and'that tFie Sacretary. = or ary-Assistant; Secretary o' he corpo•at dr: a s bend each of,tm he reby is. ar.tnorizel t6 attest .he execution of any such Power'ol Attorney; f• _�I- I: __ -li t. - ,' - - -, RE 50LVF D: FURTHER; that the signatures. of such of ;cars may tie afixed,to any such Power of Attorney or te.any cart ficaie relating :hereto by. facsirr;ile: and arty suc.-1 Power of A!tomeypr:ceri`cate boar rig such I.c im_ile s-gratures Shag be vaftl _antl binding upon the corporation'when so_affixed and in We future with respect to any bond, undertaking or contract of suretyship to whicK it is attached. ..-- - ill" k - :i il-j; �i.- _- �-i. ''. 'I .: - - n .: - '- - _ •I '" _. I • _ IN'%-ViTNESS-WHEREOF INDEMNITY. COMPANY, OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY_have severally causeaitri_es_e presents to tie sgrea dy.tnejr respective Pres,dents arid atlested bv.their. respective Secretaiies-tn•s 22nd-day; of December; 1998. INDEMNITY COMPANY OF CA'. 11 IA- _ - - ` ' _ DEVELOPERS INSURANCE COMPANY'J. I - -,I II I. , ,, - I By Dan F.VInCentr;Jr, Dan '1 _ •': " `' _ Y to ricenti' Jr., t- _- tl I' - i - - - i - -I' ?A6'Y .I rr 'I ,I I{-• ,I- d.q ' _ _ President ' _ _ _ M GF _ - _ P sident... I it -.t -11- T- 40. C i , i' =;i- II� li= l = = i - I' z�, dG ATTEST, -! r -' .I - �3 I _ ' CCT. S_ , „ ' _ __ _'_ IUAR 27 z - i I —tQf7 «' yO'4•kp It-'rj'-Ir 11 By'-_ 1 i - _ - - 8y = i -Walter Crowell - a - ;I =;; - ;, -_ - Walter"Crowell, :I :I = :! --li - 3ecratary'•'Sec.etary, it- -'f .ill,! -II-• %.i J•i' ,t T - ,I -,{'-,! =il .I -` STATE OF CAL'IFOANIA-_ _ - ! 2.1 - I , - S S: : [ I I , _ _ - - I , , I '� i I . • . _ : COUNTY-OFORANGE t„ II 2. !! �, �!--On_December.22,'_1998; before me. C. Hollister, personally appeared Dante F. Yncent!1Jr, and Wader Crowell. personally known to me {or proved'[o'me on the bests of ' =- "' Sallsfactory eviden_Cej to be he person{s.I whose name(s) isiare subscribed to the within .!lstrument and aCknowlleOgetl to me that he/She/they executed the Same in h1s/heritheir authorizea- • capac.ty0es), and that by his:nie_rltheir s6Aalure(s) on_ the instrument -It a Derson(s). or•.the entity upon tiehall:of wh!ch the persoh(s) acted. executed the instrument' it -it _ '' I` I _WITNESS�[[[tTTT11ty hanC a'rid oHi. - I seal. • '' !' i d0..y :F ,I '•�,p __ __' _ __. ., - _ _ i. _ .i Ij W itig. II , C.+HOL'LISTER i Imo•/ is Q..COINAA.g1792b15- �•+ Signa_ti.re _VNotaryPublic -; Celiforrii_a _ r �-, _+_; ORANGE COUNTY =' ' y.Comm. Expires AUG.. t; 2002 CERTIFICATE_ it '-,I it ="'li -i, '„ :j- i = i i = ;The undersigneb, as Senioi.V;ce President of INDEMNITY COMPANY,OF CALIFORNIA. and Serior Vice President of DEVELOPERS INSURANCE COMPANY.'does hereby j certify that #ne forego rtg;and allacned Power of Attorney;rematrs in.full'Force and has not-Been;revoked: and furthermore, that the provisions of the resolutions of,the respective Boards --pf Directors of said corporations set forth'inithe Power of "Attorney are in force as of the dal Of ihl6 Cent f Cate. _ _ , j, � - 'I .r= I ',_ -i'�! •" f, 1` -,i" _ iTili5 Certificate Is executed 1n the City of Irvine. California; thiJ! 1 'pay o1 tf-[.v �L.- _ - _ - - f' INDEMNITY COMPANY_OF CALIFORNIA !' " ' = DEVELOPERS INSURANCE COMPANY :: - e,45114r By;; - _ ' e �I sPt I •(_'• z 2 OCT. s �_ �+ ' By ' `- `r - n z tytl,R. 27 = i, -, ;, ` W1116hi : Snerer. -I, w- 1 19fi7' II :. WdliamT. Sharer I' 'yw t979 b Sen;or V'ce President _ I - t _ i ,+ �� lyN+° r _I Senior Vice President. _r' o qr,F RAP Y I ID-314 FIEV.1f 12/98) 1 11 ' ., = I• - :I �f,:; :-+: ;r"` f.;'e::y!, 3Yr• i f-,:•1 c''t .aASti i•:. "` .,...; •'x:�-. k-.•`I;.;Cra:t.FII: .. `. (r_4s a, .;la��ht:_ •.�: i'y �'... .b•r.if• .i y.�C, •K\� a.•_:. ..1:.: �.'�•": _ CE FY O ON; BE ACFt. CA s n_ ZUJJ jU"11 2, Landmark Fence Co., Inc. 601 South Oaks Avenue Ontario, CA 91762-4022 City of Huntington Beach City Clerk Second Floor 2000 Main Street Huntington Beach, CA 92648 BLUFF TOP PARK RAILING REPLACEMENT CASH C)NTRACI•;#] 134 J UNE 27, 2000 2:00 P.M. rn CO.. � `={'• r�ef� .'1.� i Fart; r yiC �.... ' ��'i:.� � 7'.Y,;`'.: S'_1Yy-'i: �+f iF .fit,-•. -. L'� " iY)I�4.Y�iT�`•' 'FY .. ��� �:�� +- pia � _*� -::�. • .. .: .. - x ..i- {•: ;•� Via.. �- ar;�' - L u