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HomeMy WebLinkAboutLos Angeles Engineering Inc. - 2003-04-21 RECEIVED BY: CITY CLERK RECEIPT COPY 1 Return DUPLICATE to City Clerk's Office (Nam) ^�^ after signing/dating CITY OF HUN TING TON BEACH I Lip INTERDEPARTMENTAL COMMUNICATION TO: . �Shari Freidenrich, City Treasurer FROM: �// �;z2:;z zi S 2P,;1 DATE: 7 - O 5` SUBJECT: Bond Acceptance I have received the bonds for _U ) Z& 16n 1 i �:-A-ILII iL 2 k/A-)1!$ (Company Nerve) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. �I �—T �62 Re: Tract No. CC No. MSC No. i Approved Agenda Item No. (Council Approval Date) City Clerk Vault No. i ( /,l,1• �� r//-b #27 g1followuplhondletrer.doc City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: April 21, 2004 SUBJECT: Retention Release Payment Company Name: Los Angeles Engineering, Inc. Address: 4134 Temple City Blvd. City, State and Zip Code: Rosemead, CA 91770 Phone Number: (626) 454-5222 Business License Number:A 242856 Local Address: Same as above Notice of Completion Date:4/9/04 Contract Purpose: Release remaining 10% money to contractor from Cash Contract 1176 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on fit fec at this time. Date n,/ / Robert F. Beardsley, Public Wdrks Director I certify that there are no outstanding invoices on file. 5 -3 - 0 _1 � Date 5 ri Nidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. � D Date City Clerk Reten. Release.doc 4/21/2004 1:44 PM PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded m O1fiva1 Record. County of Orange Tom Daly. Clerk-Recorder AND WHEN RECORDED MAIL TO: II I I II II 11 11 I1 1I 1 IN III II INO FEE 200400029840910 00am 04109/04 WHEN RECORDED MAIL TO. 107 23 N12 1 CITY OF HUNTINGTON BEACH 0 0u 0 00 o 00 OAO 0 00 0 00 0 00 0 00 Atln. Robert A. Martinez P.O. Box 190- 2000 Main Street Huntington Beach, CA 92648 I THIS SPACE FOR RECORDER'S USE ONLY f TITLE OF DOCUMENT: NOTICE OF COMPLETION I1 NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee. 2000 Main Street, Huntington Beach. CA 92648, that the contract heretofore awarded to Los Angeles Engineering, Inc. who was the company thereon for doing the following work to-wit MURDY PARK IMPROVEMENTS PROJECT; CC-1176 That said work was completed March 29, 2004 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on March 29, 2004, per City Council Resolution No. 2003-70 adopted October 6. 2001 That upon said contract International Fidelity 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 March 31, 2004. Director of Public Works or City Engineer �;ity of Huntington Beach. California STATE OF CALIFORNIA) (T/N County of Orange )ss. City of Huntington Beach ) I, the undersigned, say I am an Agent of the City of Huntington Beach, owner in fee. in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof. the same is true of my knowledge I declare under penally of perjury that the foregoing is true and correct. and that said NOTICE OlhCOMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of O ange County Dated at Huntington Beach, California, this March 31. 2004. ��rector of Public Works or City Engineer ty of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) M 059-TITLE PAGE(R7/95) DECLARATION OF SATISFACTION OF CLAIMS t I, 7trYaus c5r ,e-r „LaS �h ,r,�l�s �;rri�r�eein9ta�e: (Name of Contractor) J 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: H1kA4 �a� K lfY F r O✓ rYlPa ,T ✓U j r: and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either 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: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at i� , + _0�46'i L'r l on this day of PI 0,r Ck 2QN (Location) (Signature ofContractor) A PPRO V ED AS TO FORM ;E,�NiFER McGRATH, CitvAttm,,y giollowup\cashcont\casncon2.doc . ��TttzI43 puAmry rr,ccdure =15 City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: C C-j I-co M un cl(4 �a IL 1 rrt p ro ve -CL Ao �eml t Project No. Tdle 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 conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. i� - ^ );� emu , 0,Jy4rce't 0'& pf Q-k (Signature and Title) ry1 i /t,S APPROVED AS TO FORTI IEN IIFER�McGRRAATH,CityAth,,y San $u� H. \ ! puty City Aitomw 12- �V+ G7 q fol!ov ic�cashconecashconl.doc RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH :-r INTERDEPARTMENTAL COMMUNICATION TO: S Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance 1 have received the bonds for L0.5 /nJL—, 1L (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 9 R Agenda Item No. (Cduncil Approval Date) / City Clerk Vault No. Z20h• 6� -hL,/f 9116 k27 gJfollowuplbondieder do JW MAINTENANCE BOND 0 Bond No.03UM EyiEz L'd >&tb / N btkpuCA-;'� KNOW ALL BY THESE PRESENTS,That we Los Angeles Engineering, Inc. a%Principal, and International Fidelity Insurance Company as Surely,are held and Emily bound unto City of Huntington Beach as Obligee,in the penal sum of Eight Hundred Eighteen Thousand Five Hundred and 00/100 - - - - - - - - - ---- - -------- - - ---- ------- - - -- ----- -- - ----- ---------------- --- ---- -- ------- ------• (S 818,500.00 to which payment well and truly to be made we do bind ourselves,our and each of our hews,executors,administrators,successor and assigns jointly and severally, firmly by these present%. WHEREAS,the said Principal entered into a contract with the City of Huntington Beach dated September 3 2003 for Murdy Park Improvements, Cash Contract No. 1176 WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One(1) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and material which may become apparent during said period,and WHEREAS,the said contract has been completed,and was approved on 29th day of March 2004 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of One(1) year(s)from and after March 29 2004 then this obligation shall be void,otherwise to remain in full force and effect. SIGNED, SEALED AND DATED 19th day of April 2004 Los Angeles Engineering, Inc. (L.S.) r C GL (L.S.) Kim Yu, Vice tPresident Contract Administration (L.S.) APPROVED AJ TO FORM: PRINCIPAL(S) International idelity In prance Company JE IFER Mdi�RA�^TH�Ciry Attars Oy By r / WVt Mark . Shreck St. Attomey-in-Fact Executed In Two Counterparts` _ • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Los Angeles ss. County of On 4/19/04 before me, Logan ORrien, Notary Public Date Name ene Tel d On.xr(e.g..'Jam Dee,Na Wy Wier personally appeared Kim Yu Name(.)of s o-q-) El personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare ..............................t subscribed to the within instrument and LOGAN O'BRIEN acknowledged to me that helshe/they executed c COMM. #1299970 R the same in his/her/their authorized g NOTARYPUBLIC-CALIFORNIA s capacity(ies), and that by his/her/their 2 LOS ANGELES COUNTY 2 nature si on the instrument the person(s). or My Cantu.Evinn April 7,2005 g ) ( ) i,,,rr ,,,,,fail.................... the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Pk.Nd y seal AOwe SVn of PEE OPTIONAL Though the information below is not required by law,if may prove valuable to persons relying on the document and mould prevent fraudulent removal and reattachment of this form to anollw document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of IhumU here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 014]a N.eeWN.Ory A..oGa -VZOO.We,A..,P..O.W.24X-au1iM. ldOPel666i1 .W • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On April L9, 2004 ,before me,Julie M.Ormondroyd,Notary Public,personally appeared Mark E.Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the @ULIE M.ORMONDROYD E, person,or the entity upon behalf of which the person acted,executed the nCOMM.81302326 P instrument.sNOTARYPUBLIC CAL""2LOS ANGELES COUNTY Mr Comm Emres Apr?26 zoos WITNESS my hand and official seal. , ; •.................................... Signature-ollNotary Public Place Notary Seal Above Optional Though the information below is mi required by law,it may prove valuable to persons relying oe the dmummt and could prevent fraudulent removal arid r Iuwhment of this form to arwther document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capadty(ia)Claimed by Shaer Signer's Name: _individual _Corporate Officer-Title(s): _Partner- Limited General �Attomey-in-Fact _Trustee _Guardian Other: Signer is Representing: Tel (973)4W POWER OF ATTORNEY 0 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARK E. SHRECKENGAST, XULIE M. ORMONDROYD Los Angeles, CA. its we and lawful attorney(s)-in-fact to execum,scal and deliver for and on its behalf as surety,anyy and all bonds and undertakings,contracts of indemnity and other writings obligatory inthe nature thereof, which arc or may be allowed, required or permitted by law,stamen,rule, regulation,contract or otherwise.and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers a[its principal office. This Power of Anomey is executed,and may be revoked.pursuant m and by authority of Article 3-Section 3,of the By Laws adopted by the Board of Directors of INTERNA7-ZONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company therein,bonds and undertakings,contracts of indemnity and other writings obligatory in the mmre thereof and, (2)To remove,at any time-any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney i. signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, IS of which the following is a true excerpt: Now therefore the signamres of such officers and the seal of the Company may be affixed to any such power of attorney or any certificam relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindmg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. DE�ITy IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be e�\ u signed and its corporate seal to be affixed by its authorized officer,this 31s[day of August,A.D. 1998. `OQ SEAL cli INTERNATIONAL FIDELITY INSURANCE COh NY ,s. STATE9 NEW JERSEY Sve �p County off Essex Vice- idem On this 31st day of August 1998,before me came the individual who executed the preceding instrument, to me persomll known, and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FD)ELITY INSURINCE&NIPANY;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. 0ARQG IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal, P-' �� at the City of Newark,New Jersey the day and year first above written. O NOTARY `a '� PUBLIC \\ � 6 J y�l JEPS� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21.2005 I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct mms;cripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, 1 have hereunto set my hand this 19th day of April 2004 Assistant Secretary�/ �( 0 s PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) SKI A i Vale the in acco wane I am a Citizen of the United States and a the tow CaliforniaproGO.ions of the Cd.. Govern resident of the County aforesaid; I amIOSIa meat Code. Section 4590 IDS Contactor � 1 PARN AEON- shell be beneficial owner over the age of eighteen years, and not a IIq MN PAOIECT(A of the SVfely and shall receive any Interest party to or interested in the below entitled CON�AQm�16n�" `"The AGENCY hereby matter. I am a principal clerk of the affirmatively ensures NONTIWTON RA01 that minority ensures HUNTINGTON BEACH INDEPENDENT, gggy EN the he enterprises well be IIP09111 GIVEN that the entered lull opportunity nit o/ NUNTINOTON to submit bids a re a newspaper of general circulation, 81ACN. a, AGENCY. aponse to this notice Invites sealed ems for and wdl not be Ids printed and published in the City of the above ,rated the basis against on projects and weft receive the brel of race, color, Huntington Beach, County of Orange, such bid, the trice national origin.ancestry. in any of Ilia City Clerk.Second sea, a religion m any State of California, and that attached Flom. gt Man Street, c.rthe award of leading to Huntington Be act Call- the award of contractbe cc loran f 20 up ro Me No Did shall be con Notice is a true and complete co as August 2�2 pm do ampare pal°" It i' P PY August Publicly 2003 Bids proved o, the. ap- was printed and published in the will be Council tee^ in proved Proposal forma the Council Chambers in conformance with the unless otherwise posted. Inslru<bons to Bidders Huntington Beach issue of said Copirs of the Plans. The Did must be AC newspaper to wit the Issue(s) of: Specific alone. and check, cash.*, h. +cech ed chock. Speech Orions, ne Chad. cd buer's [hack. ",enable from the Office m bidders bond made of the Director of Public payable to the AGENCY Works. 2000 Main for an amount no leas Street. Huntington than 10% of the amount Beach. CA 92648, upon Did. Tte Successful payment of a $35.00 bidder shall be licensed nonrefundable Jae H in accordance with July 24, 2003 picked up or paYmant provisions of the Bus, of + $45.00 nomefund- mess and Professions able lee IF maned via Code and shall possess US Postal Service a State Contractor's Jolly 31 , 2003 Any contract entered License Class at the into pursuant to this time of the bid opening August 7 , 2003 notice will incorporate The successful Con. the provisions of the tractor and his sub- Stale Labor Code. Pur mired"ls w111 e sua rent to the provisions q to Possess I declare, under penalty of perjury, that of the of California.Code of the the busAGES license, from State tl prailingthe Mr AGENCY t minimum pm w8lg rate The AGENCY reserves the foregoing is true and correct. of per diem waf.a for or right elect any each cult.[tarn cation or all ties,to waive any npureeded type of e workman irregularity y and to lake mended to all be the all bids under advise contract shell ba those meat tear a minimum Executed on August 7 y 2003 determined by the period of 60 days Director of Industrial BY ORDER of the CITY at Costa Mesa California. Relations of the State n CUNNING of the CITY OF H, Relati ns which are of HUNTING TON BEACH. I'll at�ha Office of the CALIFORNIA, the 21st Director of Public Works, day of April 2003 2000 Main Street. Hum Atsesh Connie track- tugton Beach,CA 92W8. wits CITY CGERX OF The AGENCY wdl de. THE CITY Of HUN duct a 10% retention TINGTON BEACH Signature from all progress pay Published Huntington nienls. The Contractor Beach Independent July may submt to an as- 24.31.August 7.2003 crow holder surely of 074.171 equal value to the PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) ratmtfen in accordance with the provisions of am a Citizen of the United States and a 1Is Cahfo,nu Govern. resident of the County aforesaid; I am matsment Cod.. Section i M� shop The Cenlial owner over the age of eighteen ears and not a e NINFMIM of tl b.sutherety and hall �/ of IM surety and shall 9 9 7 (0M(T%@,111Jbd1 receive any interest art*0 party to or interested in the below entitled crmor "'The "AGENCY hereby matter. I am a principal clerk of the NUNIINGTH11ACN affirmatively ensures PUBLIC NOTICE IS that minority business HUNTINGTON BEACH INDEPENDENT HEREBY GIVEN that the enterprises well be r CITY OF HUNTINGTON afforded full opportunity a newspaper of general circulation, BEACH, as AGENCY. to submit bids m rr invites sealed bids for envier to It notice printed and published in the City of the above stated and wtl vial be do projects and will receive c e basis against on such bids in the office me basis of race. wiry. Huntington Beach County of Orange of the City Clerk,Second national ongin,anin any i Floor. 2000 Main Street. sea, w religionole m any State of nd that attached Huntington Beach. Cab, the word of leading to California,1 forma 92648. up to the the award of contract. Notice is a true and complete copy as N° hid shall be cos hour °f 2.00 pD,m. on prepare unless August 12. 2003. Bids it is will be publicly open m prepared p the ap was printed and published in the NN Council Chambers in conf Proposal theme m Instructions conformance with Ilse Huntington Beach issue of said �I���s°thatwthe p°pled. Ih. bid must .ecifp of the Plans. the bid must be ace newspaper to wit the Issue(s) of: CW&sct Specifications, '^e check d by acheck certified onotbact from th O are check, cashiers check. aaaaabDi from the Office or °,leer's bond made W the Director of Public payable to the AGENCY Marks. Hunt Main for a1 amount no less Seaeet Huntington than ITh, of the amount Seal CA 926.E upon bid. The successful pymant of a $3500 bidder shall be licensed Mvefundable fee If ,n accordance with July 24, 2003 I/NWd up, or payment provisions of the Bus. M a $45.00 nomelund nets and Prolesswns able fee it meted via Code and shall possess aTUl31 2003 U.S.Postal Service a State Contractor's 17 v Any contract entered L,c.ense Class at the into pursuant to this time of title bid opening AUJUSt 7, 2003 notice will incorporate The successful Con - the provisions of the tractor and his sub - Stale Labor Code. Psi,- c.ntr.ct.,s will be suant to the provisions required to possess of the Labor Code of the business licenses from StalI declare under penalty of perjury, that mini of prevaiCaliforling the the AGENCY minimum prevailing rate the AGENCY reserves the foregoing is true and correct. of per diem wa{ea for or o relict any each r doe clasvM Far all bids. to waive any or type of workman irregularity and to lake needed to execute the a0 bids under advis. .contract shall be those meal for a manimum August 7 2003 determined by the period of 60 days AU Executed on g s Director of Industrial BY ORDER of the CITY at Costa Mesa, California. C hump of the State . COUNCIL of the CITY OF H, IN@ Of the which are pis CALIFORNIA, BEACH. Ilia H the OPoce of ton day atA ail the 21 s1 RDKiw of Street., treeublic Works, day of April wider KUDO Muir Street Hun' ANeeh TY CL Rau Of N h, Beach.CA ill do CITY CLERK Of �O The AGENCY will de TI CITY C NUM- duct a ]0`b relenlron TII CITY REACH from ail progress pay Published Huntington Signature Tents The Contractor Beach Independent July may substitute an ea 24.31.August 7.2003 crow holder surety of 07. 171 equal value to the' - RECEIVED BY: • • CITY CLERK RECEIPT COPY - Return DUPLICATE to G) Ar �.:..t y, l�Ctic JeWep H"h"teal.6260) (Name) after signingldating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer AT-W.--Jim Slobojan, Deputy City Treasurer FROM: L- DATE: / m ) SUBJECT: Bond Acceptance I have received the bonds for � �FiZL /y17�it1LZ!(�/tC, (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 Agenda Item No. (Council Approval Date) City Clerk Vault No 60o g rjah;bcndletter.doc Executed in Two Counterparts • Bot&tuber: 0367936 Pre n. S4,997.00 Final Premium Based on Final Contract Amount THE AMERICAN INSTITUTE OF ARCHITECTS r cop-/ �o�i�NclL L3/� 3 AIA Document A37' Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Los Angeles Engineering, Inc. International Fidelity Insurance Company 4134 Temple City Boulevard One Newark Center Rosemead,CA 91770 Newark,New Jersey 07102 OWNER (Name and Address): City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach,CA 92648 CONSTRUCTION CONTRACT Date: Amount:Seven Hundred Eighty Five Thousand One Hundred Twenty Four and 80/100 Dollars S785,124.80 Description (Name and Location):Murdy Park Improvements,Cash Contract No. 1176 BOND Date (Not earlier than Construction Contract Date): September05 2003 Amount:Seven Hundred Eighty Five Thousand One Hundred Twenty Four and 80/100 Dollars $785,124.80 Modifications to this Bond: 99 None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Los Angeles Enginee ing Inc. International Fidelity Jr{s ce party Signature: Signature: Al ,�(f// Name and Title: Angus 0 rien, President Name and Title: ark E.Shre c gas4 Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or Sununit Surety Insurance Services other party): 7447 N.Figueroa Street,Suite 300 Los Angeles,CA 90041 (323)256-0126 APPROVED T FORM: AS ALA DOCUMEM A31I• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1964 ED. •ALA 9 TTHE HIRD PRRNG CIN4T�IT CTH O9F67 RCMITECTS, 1R5 NEW PORK AVE.,N.W..WASIIINGTON, D.C. 201j,J , nl)FER t�lcCiRATH� / tj 984 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. 72 On 9/5/03 before me, Logan OBrien, notary Public fS Date Name anc Title of 01ficia(a 0,-Jane one New,Punic) personally appeared Angus OBrien Name(.).9 S,fgmra) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are Ei ..................................... subscribed to the within instrument and LOGAN O'BRIEN G G acknowledged to me that he/she/they executed COMM. #1299970 R R s NOTARY PUBLIC-CALIFORNIA S the same in his/her/their authorized 2 LOS ANGELES COUNTY 2 capacity(ies), and that by his/her/their PAjjCO3= EVian April 7.2005 : 0 & a d 1999,............ signature(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. 11 P Et Plxe Newly Seal Al Sneene Of Notev,Panne OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: 0 Individual Corporate Officer—Tille(s): Top of manio mine ❑ Partner—0 Limited 0 General L❑-3 Attorney in Fact 0 Trustee 0 Guardian or Conservator 23 Other: Signer Is Representing: 0 1999 Nebaeal Nwry M elW-93M N SWO A,RID ea,24M-CaalSwOna,CA 91313 24W- Wg P.,Na 15907 M ,n Ca Tat-Free 1 1500 878 WT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On September 05, 2003 ,before me,Julie M.Ormondroyd,Notary Public,personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same ..................................... in his authorized capacity, and that by his signature on the instrument the JULIE M.ORMONDROYD a person,or the entity upon behalf of which the person acted, executed the cO COMM.#1302326 R R NOTARY PUBLIC-CALIFORNIA S instrument. S LOS ANGELES COUNTY 2 2 MY Cornm.EapM AM 26,2006 ; WITNESS my hand and official seal. ..................................... Sign ur�of-Notary Public Place Notary Seal Above Optional 'though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent imuc ulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above. Capacity(ics) Claimed by Signer Signer's Name: _Individual _Corporate Officer-Title(s): Partner-_I.im ited_General X Attorney-in-Pact _Trustee _Guardian Other: Signer is Representing: 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Suret shall be deemed provided in Subparagraph 3.1, P P Surety shall be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surely under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default: and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the Contractor's right to complete Owner under the Construction Contract.To thelimii of the amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of dared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surely in accordance with the tion Contract; terms of the Construction Contract or to a Contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual dam- 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction manse of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con- lion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a related subcontracts, purchase orders and other obli a- qualified surety equivalent to the bonds issued on the ti gons. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working orwithin twoyears after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law,the minimum period of limitation avail. AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND- DECEMBIIR IW ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. NW..WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING•MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig• duced by all valid and proper payments made to oron Con- nature page. behalf of the Contractor under the Construction Con- tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete orcomplywith the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • .AIA n THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. ?OBW A312-ISM 3 THIRD PRINTING•MARCH 1987 Executed in Two Counterparts • B01411umber: 0367836 Premium. Included in Performance Bond THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document Ai!' Payment Bond Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Los Angeles Engineering, Inc. International Fidelity Insurance Company 4134 Temple City Boulevard One Newark Center Rosemead,CA 91770 Newark,New Jersey 07102 OWNER (Name and Address): City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach,CA 92648 CONSTRUCTION CONTRACT Date: Amount: Seven Hundred Eighty Fivenousand One Hundred Twenty Four and 80/100 Dollars S785,I24.80 Description (Name and Location): Murdy Park Improvements,Cash Contract No. 1176 BOND Date (Not earlier than Construction Contract Date): September 05,2003 Amount: Seven Hundred Eighty FiveThousand One Hundred Twenty Four and 80/100 Dollars $785,124.80 Modifications to this Bond: X None L7 See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Los Angeles Engineering,Inc. International Fidelity r�uce Co wa ' Signature: Signature: r Name and Title: Angu 0'Brien, President Name and Title: Aark E. Shrec gast,Attomey-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Summit Surety Insurance Services other party): 7447 N. Figueroa Street,Suite 300 AP VED TO FORM; Los Angeles,CA 90041 (323)256-0126 �JE NIFER M�f vs A62 AN DOCURIEBIr AM- PERFORMANCE BOND AND PAYMENT BOND•DECEMBfR 1984 ED. •XIA • THE AMERICAN INSTITUTE Of ARCHITECTS, Ins NEW YORK AVE.,N.W.,WASHINGTON.D.C.28886 A312.1984 4 THIRD PRINTING•MARCH 1987 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �_�. :_'��-- ice .=`_ ,a'`'..S�I.r'.. !:�:.F'�.•,c�.c^r`:�^w^r`i`r.<`:;?� •r__^.�.�r�':<-r:ct`.c.^.:^t..•v... .�[�•?:i i State of California s �2 Los Angelesl1 ss. ?' County ofJ �t� r, n On 9/5/03 before me, Logan OBrien, notary Public `S Dale Name a[W Tnle W 000er Ic B.,'Jano Doo,Notary Puolc) O personally appeared Angus OBrien t :' Name(s)o:SiBner(sI x� personally known to me ❑ proved to me on the basis of satisfactory evidence a '> to be the person(s) whose name(s) is/are ••••••••••••••••••••••••••••••••••••� subscribed to the within instrument and • LOGAN O'BRIEN acknowledged to me that he/she/they executed R COMM. #1299970 R the same in his/her/their authorized acit _ NOTARY PUBLIC-CALIFORNIA s ca les and that b his/her/their ; 2 LOS ANGELES COUNTY 2 p y( )• y • r Comm.Wm April • signature(s) on the instrument the person(s), or 7.........naay+urrr+rru�ru++++++t the entity upon behalf of which the person(s) acted, executed the instrument. ; lit WITNESS my hand and official seal. It PIOCB Notay Soal Aoave SQnalufe of Notary Puolic OPTIONAL 3 ' Though the information oelmv,is not required by law, it may prove valuable to persons relying on the document Pr and could prevent fraudulent removal and reattachment of this form to another document. rS Description of Attached Document z Title or Type of Document: n Document Date: Number of Pages: ' Signer(s) Other Than Named Above: r Capacity(ies) Claimed by Signer 3 Signer's Name: ❑ Individual •,' lop of thumb hero 21 ❑ Corporate Officer—Title(s): ; Partner—❑ Limited ❑ General •� )? ❑ Attorney in Fact . *' ❑ Trustee ❑ Guardian or Conservator ❑ Other. Y{ r' Signer Is Representing: ; i.:'::t:-.4sc,�c:4C tit£-C-<.�'<,`4:(.tiZ6C'S.c.SC`Phie(.�cv�r�Z.'Sh54'=(.�4£<:�ti'S(>�<.`r�t":`�<."!i.•6(.'�i)�.X7c.�i•`6;(,`S�Z'C1TS:VSX.'tii�iC�`S2.S�i'T'.� 0 IM Nauonal Noury,tisowuon•93W oo Sow A,P.0.8oa 2402-Cnauwa .CA9W1324M- ww rmmv r,uq Pmo.Na SW7 Watlar CM TW Fuel 870 W7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On September 05,2003 ,before me,Julie M.Ormondroyd,Notary Public,personally appeared Roark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the ..................0................ person, or the entity upon behalf of which the person acted, executed the JULIE M.ORMONDROYD instrument. i COMM.#1302326 A NOTAm puBLIC•CAL MMIA S LMMMELESCOuryty 2 WITNESS my hand and official seal. A{y Comm.Eoes AA 26,2005 Signatu e cT Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this furm to another document. Description of Attached Document 'Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual _Corporate Officer- Title(s): Partner- Limited General X Attomey-in-Fact _Trustee _Guardian Other: Signer is Representing: 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner. Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or Surety (at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. Sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed, any provision in this Bond conflicting with Said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety. that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED,•AIA- THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE.,NW..WASHINGTON.D.C.20006 A312.1984 5 THIRD PRINTING• MARCH 1987 • i Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON. D.C. 20006 A312-19M 6 THIRD PRINTING• MARCH 1987 Tel(973)&4-VOO 1AWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR NEWARK. NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporatnn organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark. New lersey.does hereby cm=mte and appoint MARK E. SERECKENGAST, JULIE M. ORMONDROYD Los Angeles, CA. n+Iruc .u)J lewtul attotneyl L-in fact In execute, seal and deliver for and on us behalf as surety.am and all bonds and undemkmgs,conrracu of itdemmq and other w n;mgs obingaton in the mium thereof, which are or may be allowed, mqunred or permitted by law, statute.rule. regulation.contract or otherwise and the exc,uuon of such m-strumentlsl inpursuance of these presents, shall be as binding upon the sad INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes, as if the same had been duly executed and ackm)wledged by its regularly elected officers at its principal office. This Power of Attorney is executed.and ma be revoked,pursuant to and by authonty of Article 3-Section 3,of the %Laws adopted by the Board of Dimcwrs of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of Febmary, 974. The President or any Vice President. Executive Vice President. Secmury or.Assistant Secretary, shall have power and i u homy 11)To appoint Attorneys-in-tact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings.contracts of indeirmry and other wntings obligatory in the nature ftx f and. f27 To mmove,at any time.any such attorney-m-fact and revoke the authonry given. Further, this Power of Attorney is signed and sealed D facsimile pursuant to mwluton of dw Board of Dimcwn of said m Company adopted at a ccung duly called and held on the 29th day ofgAprd, 1982 of which the following is a true excerpt: Now therefore the signatums of such officers and the seal of the Company may be affixed w any such power of anornev or any cenhficam relaung therew by facsimile,and any such power of attorney or cemficate bearing such facsimile sig u m es or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile scat shall be valid and binding upon the Company in the future with respect in any Nind or undemking to which it is attached D�ITV/AIJ IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal w be affixed by in audhonred officer.this 31s;day of August,A.D. 1998. SEAL �S *i INTERNATIONAL FIDELITY INSURANCE COWANY o T STATE OF NEW JERSEY County of Emit On this 31%day of August 1998. before me came the individual who executed the 9receding hnsuunrent, w me personal) krown, and, being by me duly sworn.said the he is the therein described and authomed officer of the INTERNATIONAL FIDELITY [NSl1RANCE C�MPANY;that the seal affixed to said ins rumcnt is the Corporate Seal of said Company; that the sad Corporate Seal and his sigtumm were duly affixed by order of the Board of Directors of sad Company. MARQG IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, P' , at the City of Newark,New Jersey the day and year first above wntten. O NOTARY "'r PUBLIC � J y�J JEP`'� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21.2005 I,the undersigned officer of INTERNATIONAL FIDELITY LNSLMA.VCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Atwrmy and affidavit.and the copy of the Section of the By-Laws of sad Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same arc correct uansenpts trermf,and of the whole of the said ongimis,and that the sad Power of Atomcy has not been revoked and is no% in full for"and effect IN TESTIMONY WHEREOF. I have hereunto set my hand this 5 t h day of September, 2003. Assistant Secreury CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 8, 2003 Los Angeles Engineering Inc. 4134 Temple City Blvd. Rosemead, CA 91770 Re: Murdy Park Improvements The City Council awarded the bid to your company for the above reference project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, / �G7GlLt Connie Brockway, CMC City Clerk CB:dj Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (anginal) g:follow p\cashwnt\cashcon-lener.doc (Telephone: 714-536-5227) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Los An�eles Engineering, Inc., 4134 Temple City Boulevard, Rosemead,CA 91770 Here insert all name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and International Fidelity Insurance Company, 1575 Treat Blvd., Ste. ZOB, Walnut Creek, CA 94596 (Here insert full earn,and address or legal title of Surety) a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Onen 2000 Main Scree[, Huntington Beach, CA 92648 w as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid Dollars ($ 10.00% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Murdy Park Improvements, Cash Corinct No. 1176 (Her marl fall name, a dress an escrsi o project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 12th day of August 2003 Los Angeles Engin ering, Inc. (Prin - a (Sea)) (Witness) By: Kim Yu, vice r ide ftebntract Administration International Fidelity Insurance Company (5 h) fSeaO (witness( =By — I (Tr e) Mark E. Shreckengast, Att ey-in-Fact AIA DOCUMENT A310• BID BOND •AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.V. AVE., N.W., WASHINGTON, D.C. 30006 0 Printed on Reoscicd Paper 9193 • • l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :�.^.,^:.'w^C.•_^.:'r.<_._c���^.P'cy:.e!r.<'.`.f�.<.�_.._.,•,�_•�•_...��.,.,,�y-'�'_n_.`r'_.'"•"� =�"_''.'r�'t�'.A�:c:'�.i�_a.>=rrc•.c�•.'�_as:r, rt State of California S1 County of Los Angeles ss. r On 8/12/03 before me, Logan OBrien, Notary Public ry Omo Namo arq Lae of Omer la-0."Jane Doe,Notary Pun4c') h personally appeared Kim Yu. r Name(5)a Svnerts) ' Z2 ti x7 personally known to me ❑ proved to me on the basis of satisfactory �S evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and r2 reaaaaaaaeeaeaee 5 .....................� acknowledged to me that he/she/they executed 6 LOGAN O'BRIEN the same in his/her/their authorized F5 a COMM.#1299970 R capacity(ies), and that by his/her/their NOTARY PUBLIC.CALIFORNIA 5 h h 2 LOSANGELEBCOUtRY z signature(s) on the instrument the person(s), or f� �S Comm.Expires April7,2005 ; the entity upon behalf of which the person(s) ...,.:r!+rrei�rrrairirr+r........... acted, executed the instrument. R Th �5 WITNESS my h nd and official seal. N � TI Place NONry Seal Apovo Sgnatwe of Nwary PuWk r' ti OPTIONAL hThough the information below is not required by law, it may prove valuable to persons relying on the document �i and could prevent fraudulent removal and reattachment of this form to another document riDescription of Attached Document I Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: ACapacity(ies) Claimed by Signer Signer's Name: ❑ Individual -S ❑ Corporate Officer—Tille(s): TOP of thumb nere ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact P rti ❑ Trustee �i ❑ Guardian or Conservator �5 ❑ Other: i; Signer Is Representing: r! ?y T z .�ucz.�c��,�.`�..�—cscrr. z�,:c.z,��ct�;cry cz.� rz u.�.�.�,z�.��c,�ccc�zuu�.��•sx��cz;sv O 1999 Nao Nolen Maa:uuon•9W Ce Sob Ave.,Pe,Bo.2a •Gua-onn.CA 9131121 •.vnv ruepuMury ap Proe No S9a7 RacrJen Cee Toe Frea 19 879.bat7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 12,2003 ,before me,Julie M.Ormondroyd,Notary Public,personally appeared Mark E-Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same -' in his authorized capacity,and that by his signature on the instrument the --- G person, or the entity upon behalf of which the person acted,executed the :C?:9• m'L•i:L.f..gLl>:.c•;iA g instrument- ` 2 ..... °°°°°°.... WITNESS my hand and official sea], SignaturV of Notary Pubes lic — Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual _Corporate Officer-Title(s): _Partner-_Limited_General X Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: Tel (973)624-7200 POAER OF ATTORNEY IN 1 ERNIATIONAL FIDELITY Y INSURANCE COTMPANY HONtE OFFICE: ONE NEWARK CENTER,20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSEiNTS/AFFIDAVITS KNOW ALL MEN BY TPIFSE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey, does hereby commute and appoint MARK E. SHRECKENGAST, JULIE M. ORMONDROYD Los Angeles, CA. its[rue and lawful atiomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof.which are or may be allowed,required or permvrnd by law,stature, rule,regulation,contract or otherwise including any and all consents for the release of retained percentages and/or final esarnates on engineering and construction contracts required byy the ppeep�aarrv�nticat of Trannssppoortation,State of Florida,and the execution of such nnstrument(s)in pursuance of these presents,shall be as binding upon the said INI'ERNA'I70NAL FIDELI7Y INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attomev is executed,and may be revoked-pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERINATIONAL FIDELITY INSURANCE CONTANY at a meeong called and held on the 7th day of February, 1974. The President or any Via President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Anemeys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given- Further,this Power of Ahomey is si ned and scaled by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day ofgApril. 1992 of which the following is a we excerpt: Now therefore the signatures of such officers and [he seal of the Company may be affixed to any suchwer of attorney or any certificate relating thereto by facsimile,and any such power of morney or certificate bearing such facsimile sngmttrres or facsimile sea shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Q�<ST Y/NS. IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this insttumettt to be �\ (! signed and its corporate seal to be affixed by its authorized officer, this 319 day of August.A.D. 1998. INTERNATIONAL FIDELITY INSURANCE CO o �a SEAL ellm Z STATE OF NEW JERSEY y 9E 0 0.4a�o County of Essex d �IN/ r 1.� � Secretar On this 31st day of August 1998,before me came the individual who executed the vrecednx,tom nsem, to me personally known, and,being by roc duly mom,said the he is the therein described and authorized officer of the INTERNATIONAL.�MELITY INSURANCE COMPANY;that the seal affixed to Mid instrument is the Corporate Seal of said Company; that the said Corporate Sal and his signature were duly affixed by order of the Board of Directors of said Company. OARQej IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, Q- �� at the City of Newark,New Jersey the day and year first above written. O NOTARY y PUBLIC � J JER`�� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21.2005 L the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Atwrriey and affidavit,and the copy of the Section of the By-Laws of mid Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the mine are correct transcripts thereof,and of the whole of the mid originals,and that the mid Power of Attorney has net been revoked and is now in full fora and effect IN TESTIMONY WHEREOF.I have hereunto set my hand this I2 th day of Augussst� 2003 Assistant Secretary�/ -- --- * • PAGE 02 MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS OF LOS ANGELES ENGINEERING, INC. a California Corporation The Director Of LOS ANGELES ENGINEERING, INC. , a California Corporation, held a special meeting of the Board of Directors at 4134 Temple City Blvd, , Rosemead, California at 2 : 00 p.m. on March 1 , 2003 There was present at said meeting the following Director constituting the full board. ANGUS O' BRIEN ANGUS O' BRIEN acted as Chairman of the meeting and ANGUS O' BRIEN acted as Secretary of the meeting. After discussion and upon motion duly made, seconded and unanimously carried, it wase RESOLVED: That KIM yU, Vice President for Contract Administration, is authorized to execute on behalf of this corporation, any and all bid documents and contracts, thereby binding the corporation thereto; RESO WED : The following persons are confirmed as the duly elected officers, serving in their said capacity until their successors are elected and qualified: ANGUS O' BRIEN President ANGUS O' BRIEN Secretary ANGUS O' BRIEN Chief Financial Officer KIM Y1J Vice President for Contract Administration There being no further business to come before the meeting and upon motion duly made, seconded and unanimously carried, the meeting was adjourned. ANGIIS ' BRIEN Secretary ATTEST : L ANGuS 0' IE Chairman DATE ACORD. CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 09/10/2003 FILBSIEcaA 877-559-6769 TNIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis Borth Aaerica, Inc. - Regional Cert cenut HOLDER. THIS CERTIFICATE DOES NOT AMEND, EYTEND OR 12201 a. Tatue Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. snits 300 PAoen". As 65028 INSURERS AFFORDING COVERAGE mouR Loa Angeles sngineeriag, Inc. ) BtlIRERA Cm biaed specialty Iweuranoe Company _ 40827-001 44aq11s34 Taple city Blvd. s, / �"/� FRB Io•u o Company of the state of Beene 1 19429-000 C. C(Qy14eBeae. CA 51770 y. ••`` // NLMERD _ • r R48URERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDRION 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 AGGREGATELIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INN TYNOFNWUMWE POLICY WAR DA ATE ,&,Mft UNITS A '_OeaMllwanr 1CG50104100 7/7/2003 7/7/2004 _EAdIG%%XIAAENCE __51,000,000 X COfaERCULGEWE L1 LITY FIREDAMAGEIMY"WI f 50,000 .�ClNMS MADE Y ,OCCUR MEDEAPy, .p, ) s 5,000 PERSONAL&AOVeiAATY 1—L 000,000 — ,GENERALAG#REGATE f 2,000,000 GEN'LAGGREWTE LIMIT APPLIES PER I PRODUCTS-COIPIGPAGG s 2,000,000 POLICY- LOC A AUTorosn[LABILITY 1CJL50104200 7/7/2003 7/7/2004 COMBINEDSHNGUELANT Y AYAuY0 (E„� $ 1,ono,000 N . _. • ALL OLMEO AUT03 BODILY INJURY 9CHIEDULEDA1ITOS Mwori En) f HEED AUTOS BOOLLYBaIURY K s NOONREDAUTOS �HroeM) PROPERTY DAMAGE f (Pe axOF�I) 6Al1AW LLIALRy AUTOOKY-EAACCIDENT ,S ANY AUTO OTHER TAN EAACC_-3. AUTOONLY. AGO f H BanBlwarrr 42034652 7/7/2003 7/7/2004 L#Z"O NVWC: f 5,000,000_ OCCUR ❑ CLNMBMADE AGGREGATE s 5,000,000_ s DEDUCTIBLE s - RETflR10N f s LyORAIB SCOMPIMATMAIIB A7N!FE1R?McGj?ATH, VED `; TO FORT EMPLOYERB'llABIITT E.L.EACH ADTIIT s �,�'2 El dBEABE.EAEIPLOYH : JE C At1 / EA mum-POLICY UNIT s or"= DEscGsrrnw OF aFIBUTwwAncATpwnERacuaErcLllsoea ADDED Br ENOORBEUEENTISPECULL PROWsrows General Liability Deductible: $0 Re: Murdy Park Improvements, Cash Contract No. 1176 - LA Engineering Job No. 1330 The City of Huntington Beach, its agents, officers and employees are named as Additional Insured per the attached CO 2010 (11/85) . CERTIFICATE HOLDER ADOI IOI INSURED.WSMIR"LETTERS CANCELLATION SHOULD ANY OF TIE ABOVE DESCRIBED 140t e*S BE CANCELIED BEFORE THE ErPIRAT" DATE THEREOF,THE ISSUING INSURER WILL gMICAL IEZIE VAIL 30 DAYS WRITTEN NOTICE TO THE CERTNICATE HOLDER NAMED TO THE LEF0U%XXAIHHEYd(0DC9NIJ1YL if06K Y4ODY017sTCY D1(YIYW Of PF%E YM 9C IGITOG OOENI%10XIY9lIE107C XY Ydf047L9CfL1C City of Huntington Beach I1N�Y Attn: Risk Management AUTHORIZE ESENTATNE 2000 Main Street 9Te Huntington Reach, CA 92648 7 ,�PR ACORD 25-S(7/97) Coll:811128 Tpl:19D325 Cert:34dB548 V ®ACORD CORPORATION 1988 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7197) Co11:811128 Tp1:190325 Cert:3408548 POLICY NUMBER: 1CG50104100 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Los Angeles Engineering, Inc. This Endorsement Changes the Policy. Please read it carefully. Additional Insured — Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Murdy Park Improvements, Cash Contract No. 1176 - LA Engineering Job No. 1330 Name of Persons or Organization: The City of Huntington Beach, its agents, officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc.with it's permission. Copyright, Insurance Service Office, Inc. 1984 POLICY NO: 1CG50104100 COMMERCIAL GENERAL LIABILITY INSURED: Los Angeles Engineering, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. Murdy Park Improvements, Cash Contract No. 1176 - LA Engineering Job No. 1330 u ❑The City of Huntington Beach, its agents, officers and employees CG 25 03 11 85 Includes copyrighted material of Insurance services Office, Inc.,with its permission. Copyright, Insurance services Office. Inc., 1984 ACORD, CERTIFICA OF LIABILITY INSURA E DATE 09/(4/2(HI3l tl9nur_at3 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Baumann Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 22019 Vanowen Street,Suite G ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License No: 0523936 / (/ COMPANIES AFFORDING COVERAGE Canoga Park, CA 91303-2558 COMPANY A Commerce and Industry Ins Co INSURED COMPANY Los Angeles Engineering Inc CI �� 'B Fireman s Fund Ins Co 4134 Temple City Blvd j"i Rosemead,CA 91770 COMPANY C COMPANY CDB D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 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 REDUCED BY PAID CLAIMS. 00 LYNI DATE TYPE OF SISURANCf POLICY NUMBER POLICY EFFECrIn ar )) DAB Qom) Lrl1 GOSI uAMUTY GENERAL AGGREGATE $ COMMERCUL GENERAL LIABILITY PRODUCTS COMPAJP AGO { CLAIMS MADE OCCUR PERSONALS ADV INJURY 3 OWNERS 3 CONTRACTOR'S PROT EACH OCCURRENCE 3 FIRE DAMAGE(Any aM/MP) f MED EXP UMy orn f AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT 3 ALL OWNED AUTOS GODLY INJURY { SCHEDULED AUTOS (Pr PvM ) "RED AUTOS GODLY INJURY { NON-OWNED AUTOS (PW APLYPlK) PROPERTY DAMAGE { aA1UM LIABILITY AUTO ONLY-EA ACCIDENT 3 ANY Auro App OVED AS TO FORM OTHER THAN AUTO ONLY EACH ACCIDENT 3 AGGREGATE 3 EXCESS LIAMLRY Or EACH OCCURRENCE f UMBRELLA FORM AGGREGATE { 0-'AF P T4 AN U V BRELLA FORM { A WORKERS COMPENSATION AM X EMPLOYERS LI WUTY WC3281013 04/01/03 04/01/04 EL EACH ACCIDENT f 1 00I1,1.700 THE PROPRIETOR/ X BGCL EL DSEASE-POLICY LIMIT f I OOIi,IN10 PARTNERSIEXECUTNE OFFICERS ARE. EXCL EL CI SE-EA EMPLOYEE 3 1000 000 l; OTHER Equlpment Floater MX198305099 07/107/03 07/07/04 Rented/l,eased Fq$500,000 1333,631 All Risk $1,000 Ded.,Special Form DESC OPTICIN OF OPERATIONSILOCATIONSNEHCLESSPECIAL ITEMS LAE Job#1330- Murdy Park Improvements,Cash Contract No 1176- Waiver of Subrogation regarding worker's compensation to the City of Huntington Reach per attached form CERTIFICATE HOLDER CANCELLATION:Ten SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE The City of Huntington Beach EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL U=MI WV MAIL Alto: Risk Management 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT _'IHNI %lain Street SBIXIBSY%lal�aloEMmRmra�3na3mwanlaXmalLaL%mlrnc Huntington Reach,CA 92648 R\WI%//�IIQ%%pi�l%IE�{%tsa�RX1EaX%Ia3AH\SB\riEYa[iRld<]IIEO AUTHORI R PRESENTATIVE NIINI I ACORD 25-S(1/95) ACORD CORPORATION 1988 CFOTIFICATE OF INSURA&CE - (Continuations) - 001811 COB INSURED: Los Angeles Engineering Inc OTHER COVERAGES - (Continued): CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE DATE LIMITS B Property NIX198305099 07/07/03 07/07/04 $327,0(H) Buidling/Equipment B Builders Risk NIX198305099 07/07/03 07/07/04 $1,500,000 Per Location Course of Const $2,500 Ded/Special Form B Builders Risk NIX198305099 07/07/03 07/07/04 $320,000 with 5% Ded., Earthquake or$15.000 per Loss ENDORSEMENT Insured: Los Angeles Engineering, Inc. Policy Number: WC3281013 Insurance Company: Commerce and Industry Insurance Company WAIVER OF SUBROGATION IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BECAUSE OF PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE LAE Job # 1330 Cash Contract No. 1176 — Murdy Park Improvements CERTIFICATE HOLDER'S NAME The City of Huntington Beach Attn: Risk Management 2000 Main Street Huntington Beach, CA 92648 Date: 09/04/03 DATE IMW W/YYI ERTIFKi E OF LIA INSUR NCE „9 ,,421N13 vROOLIOEn a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Baumann Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 22019 Vanowen Street,Suite G ALTER THEHIS CERTIFICATE DOES CO COVERAGE AFFORDED BY THE MEND, EXTEND POLICIES BELOW. License No: 0523936 COMPANIES AFFORDING COVERAGE Canoga Park, CA 91303.2558 COMPANY A Commerce and Industry Ins Co INSURED COMPLos Angeles Engineering Inc 0 Ftreman's Fund Ins Co 4134 Temple City Blvd Rosemead,CA 91770 COMPANY CDB COMP O THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM PERIOD ENT WITH RESPECT 70 ICY 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 REDUCED BY PAID CLAIMS. 00 TYPE OF INSURANCE POLICY NUMB" POLICYOTECTIYE POLICY EXPIRATION pAM(MMSDDIM DATE IMINDWYYI Iafia GENERAL LUNXLDY GENERAL AGGREGATE f COMMERCIAL GENERAL lU9aT' PROpUCTSCOMPAOP AGG f CWMS MADE OCCUR PERSONAL f ADV INJURY 1 DIwIERS a CONTRACTORS PROT EACH OCCURRENCE f FIRE DAIAAGE(AnyOHA NP) f MED EXP(Myar,E f AUTOfIWILE LIABILITY ANY AUTO COMBINED SINGLE LINT f ALL OWNED AUTOS EDGILY INJURY f SCHEDULEDAUTOS ROVED TO FORM: (Pw WR ) HIRED AUTOS BODILY INJURY NONONTIED AUTOS ,, (PM ALCW�Iq f )E NIFER M RA ,Cily A �w� PROPERTYDAMAGE f GARAGE LIAMRRY Auro oNLv.EA AcuoENr s ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDEM f AGGREGATE f EXCUS ILIAMILnY EACH OCCURRENCE f AGGREGATE UMlNELLw FORM f OnO1 THAN UMBRELLA FORM f A WONOW INPL TIONAMIO WC3281013 04MLW 04MILM X w EL EACH ACCIDENT s'. 1000 THE PROPRIETOR/ X INCL PARTNERSE%ECUIIVE EL DISEASE-POLICY LIMIT f 1,000,000 OFFICERS ARE. EXCL EL DISEASE-EA EMPLOYEE f B OTNER ,011)(11.000 Equipment Rmter MX198305099 07/07/03 07/07/04 Rented(Leawd Eq$500,000 1,333,6- AllRLsk $1,000Ded.,Special Form DESCRIPTION OF OPERATIONSLOCATIONSNEHICLESSYECIAL ITEMS LAE Job#1330- Murdy Park Improvements,Cash Contract No 1176- Waiver of Subrogation regarding worker's compensation to the City of Huntington Beach per altached form SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE The City of Huntington Beach EEPIRATIDM DATE THEREOF. THE ISSUING COMPANY WILL MAIL Attn: Risk Management 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 Alain Street Huntington Beach,CA 92648 arXsazXMacaXMl�arn!LmTmmarof�sYaaElaX�laaaeMl:x nx�rxxaNaxxPfaczwcc�a>mtXzaxaaonsxMBx�nea AUTHOR E RESENTATWE C09TIFICATE OF INSUROICE - (Continuations) - 001811 CD8 INSURED: Los Angeles Engineering Inc OTHER COVERAGES - (Continued): CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE F. . - ',UMBER DATE DATE LIMITS 6 Properly 11\198305099 07/07/03 07/07/04 $327,000 Buidliug/Equipment B Builders Risk MX198305099 07/07/03 07/07/04 1500,000 Per Location Course of Const f2,500 Ded/Special Form B Builders Risk MX198305099 07/07/03 07/07/04 S320,000 with 5% Ded., Earthquake or$15,000 per Loss COO ply ENDORSEMENT Insured: Los Angeles Engineering, Inc. Policy Number: WC3281013 Insurance Company: Commerce and Industry Insurance Company WAIVER OF SUBROGATION IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BECAUSE OF PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE LAE Job # 1330 Cash Contract No. 1176 — Murdy Park Improvements CERTIFICATE HOLDER'S NAME The City of Huntington Beach OL!- Attn: Risk Management y' V 2000 Main Street Huntington Beach, CA 92648 Date: 09/04/03 t Company Profile • • Pave I of 2 Im CalNornl Company Profile nst�rance INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, NJ 07102-5207 Agent for Service of Process KEVIN CHAMBERS, 1575 TREAT BLVD. SUITE 208 WALNUT CREEK,CA 94598 Unable to Locate the Agent for Service of process? Reference Information NAIC #: 11592 NAIC Group #: 000 California Company ID#: 43414 Date authorized in California: February 09, 1996 License Status: UNLIMITED-NORMAL Company Type: Property &c Casualty State of Domicile: NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the ,glossary. SURETY Company Complaint Information Company Enforcement Action Documents http://cdinswww.insurance.ca.gov/pls/wu_co_proflidb_co_prof utl.get_co_profTp_... 9/11/2003 t Company Profile • • Page 2 of 2 Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Roresentative in My Area Financial Rating Oreanizations Last Revised-July 10,2003 05:26 PM Copyright z Califomia Depamnent of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co—Prof utl.get_co_prorp_... 9/11/2003 CI'Il' 1=UNDI::D CONS'I"RUCI']O\ CONI'RAC'1' 131a'WIiI N THE CITY 01' I[UNTINGTON IAN AND L� ,aN�l-rr5 F-N�INtrG�INb LNG. FOR cG#- II-lb i�fUlztN PAfZ-tom IMPf�-a'�MPNT's, TABLE OF CONTENTS Page No. I. STATI-' OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE 01' CONDITIONS 01: WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PRO.IEC'1' 4 5. TIMEOPTIIEI?SSENCE 4 6. CFIANGI]S 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPI NDI�NI'CONTRACTOR 7 IL LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE:CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15, WIT I MELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES 11 16. AFFIDAVIT'S OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, I101.1) 1[ARN41.I7SS 12 19, WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE.OP THIRD PARTY CLAIM 15 23. DEFAULT&TERMINA-1ION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND O'1'l IER 16 26. NON-ASSIGNABILITY 16 27. CITY GMI'LOYEI--S AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION IIEADINGS 18 31. IMMIGRATION IS 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. AVI ORNEY'S PEES 18 34 IN'I'ERI'RI:.FATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENIIRI TY 20 CITY FUNDED CONSTRUCTION CON'I'RAC-1' B1[iIIVEIiN THE CITY 01' 1-1UNTINGTON BEACH AND ►_� PtN.6�t�s �N61N��f� �G. FOR My ICY �t� I M Pt�✓�i>=N-j s, c�� i r1� THIS AGREEiNlF..NT ("Agreement") made and entered into this o1 day of {� 2005, by and between the City of Iluntingunt Beach, a municipal corporation of' the Slate of Calilornia, hereinafter referred to as "CITY." and L-cr- N46 -f� I �on*INPFF416 a California e5Z5F-foJ2^-r hereinafter referred to as "CONTRACTOR_" WI-113REAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as MUF-7-YY F/NfZ-tz:z Imff-0V FRTI e� 4- NO LGT in the City of Huntington Beach: and CONTRACTOR has been selected to pertonn said services. NOW, TI I..?RIEFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I. STATE'NI XNT OF WORK: ACCEPTANCE OP RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hcreinafter delmcd) and tumish, at its own cost and expense, all labor, plans, fools, equipment, supplies, Iransportation, utilities and all other items, services and racilities necessary to complete and constnict the PRO.IISCT in a good and workmanlike manner. CONTRACTOR agrees to Fully assume the risk of all loss or damage arising out oT the nature of the PROJECT, during its progress or prior to acceptance by CITY, Rom ugme/(arms/ciI% consJ3-03 I the action of the elements, from any untorescen difficulties which may arise or be encountered in the prosecution of work, and Ibr all other risks of any description in 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 shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set torth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is filly familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be pertbrmcd, and that it enters into this Agreement based upon its thorough 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 the 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; abr t/roansIcily consU•L03 2 1 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, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as ZzMW "A" and incorporated herein by this reference); 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 he of like effect as if indicated and mentioned in both. In case of a 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% and agradrorms/un wn%14.03 3 CONTRACTOR shell not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 teens of the bid or proposal which is in conflict herewith. I CUM PENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the ttaithful performance of this Agreement. subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, it sum not to exceed CVV-� HUNPe-PPTWF�NWfb4f2-- GCt-�5 Dollars (S _I$ l?A,j3o ), as set torth in the Contract Documents. to be paid as provided in this Agreement. 4. CONIN4ENCE\4ENf OF PROJECT CONTRACTOR agrees to continence the PROJECT within ten ( 10) working days atler the Notice To Proceed is issued and diligently proseeutc the PROJECT to fI/4+T7' vYoF-nN6 completion within nyp consecutive DAy �Si from the day the Notice to Procced is issued by DPW, excluding delays provided for in this Agrccmcnt. 5. T INIE OP THE' ESSENCE The parties hereto recognize and agree that time is of the essence in the perlonnancc ofthis Agrccmcnt and each and every provision ofihe 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 conforniance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agrnJPonns/cfn consW-03 4 other contractors, subcontractors, and CI"I'l' forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJI'CT 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 ol' 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 theretrom is authorized in writing by DPlV. CONTRACTOR agrees to make any and all changes, furnish materials and perfonn all work necessary within the scope of' the PROJIECf as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work. CONTRACTOR shall submit immediately to DP`,1/ a written cost proposal reflecting the effect orthe change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. ayty/formskm mnsU4-03 5 7. NOTICE "TO PROCEED No work, services. material, or equipment shall be pertormed or furnished under this Agrccmcnt unless and until it Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability ol'thc job site, for any reason. relief to CONTRACTOR shall be limited to it time extension equal to the delay due to such unavailability. S. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its perfonnance of this Agreement, lumish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's thithtol perlonnance ol'Ihc work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims Tor Tabor and materials lurnishcd. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such perfonnance for it period of one (I) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agrccmcnt including, but not limited to, any workmanship, installation, titbrication, material or structural Facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/fonre/city const/4-01 6 the delcctive item or items. Upon expiration of such ten ( 10) day period. CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPINDEN"I"CONI"RAC"I'OR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee ol" CITY. CONTRACTOR shall secure at its own cost and 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 olficers, agents and employees and all business licenses, it' any, in connection with the PROJECT and/or the services put' nned hereunder. 11. LIQUIDATED DAMAGLYI)FLAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements linished 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 it penalty, the sum of ONF- TFA04SN`ID Dollars (S l'� ) 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 it reasonable endeavor by the parties hereto to estimate it lair compensation for the loresecable damages CITY would sustain in the event of and by reason otsuch delay; and CONTRACTOR agrees to pay these damages herein provided, and agrcdfonns/cm consJ4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work duc to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including. bill not limited to, acts of God or of the public enemy, tire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors duc to such causes. CONTRACTOR shall, within fificen (I5) days from the beginning ofany such delay (unless DPW shall grant it further period of time), notity DPW in writing of the cause of the delay and CITY shall extend the time Ror completing the work it'. in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shalt be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act. neglect or defaufl of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by 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 no way 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 CONTRACTOR has thus been delayed, bill no allOwance or extension shall be made unless it 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 materials by CITY or ag,mMm s/ciq c ml/ -03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: ( I) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents: or (2) 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 perfonned under this Agreement. DPW shall promptly investigate the conditions and il'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. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. ag,ee/fo,mskitr w%04.03 9 13- VARIATIONS IN E'STIN1ATI D 0UANflTlIiS '['he quantities listed in the bid schedule will not govern final payment. Payment to 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 01,111C PROJECT. ifthe 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 ofthis Section. DPW may, at its sole discretion, when warranted by the lacts and circumstances. order an equitable adjuslmcnt. upwards or downwards. in payment to 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 adjusUncnt in price or lime for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause in increase in the time necessary for completion. DPW shall ascertain the facts and circumstances and make such adjusmienl for extending the completion date as in its sole judgment the findings warrant. Id. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work pertorncd by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate. Tess the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW. taithtully executed fitly percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satistactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100'Y)) of agr Y/iorms/cm.wnsd4-03 10 the value of the work completed since the commencement of the IIRO.II CT, as detennincc] in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY"s final payment to CONTRACTOR, if unencumbered. or any part thereof unencumbered, shall be made thirty-five (35) clays afler the acceptance of the work and the tiling 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 DPW, aflimting that the work for which payment is demanded has been performed in accordance with the ternis of the Agreement and that the amount stated in the certificate is due under the teens of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WI-II-II-ILLD CONTRACT FUNDS, SUBST[TUIION OP SLCURITILS At the request and at the sole cost and expense of CONTRACTOR, who shall retain benclicial ownership and receive interest, it- any thereon. CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY 10 cnsurc performance under the terms of this Agreement. Iti. AFFIDAVITS 01: SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement. CONTRACTOR shall file with DPW its atTdavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJL--Cf have been paid in full and that there are no claims outstanding against the PROJLCI- for either labor or material, except certain items, if any, to be set lorth in CONTRACfOR's affidavit covering disputed claims, or items in connection with Notices to Withhold. which have been filed under the provisions ofthe statutes ofthe State of California. agree/forms/citp const/4-03 I I 17. WAIVER OP CL,AI\IS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute it waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION. DEPENSB, MOLD I IARNILESS CONTRACTOR hereby agrees to protect. dcicnd, indemnity and hold harmless CITY. its olficcrs. elected or appointed officials, employees, agents, and volunteers from and against any and all. claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACfOR's property. arising directly or indirectly out of'the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by ally negligent act or omission of the CONTRACTOR. any subcontractors anyone directly or indirectly employed by any of them or anyone for whose acts any o(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 the CITY. CONTRACTOR will conduct all defense at its solo cost and expense and CITY shall approve selection of CONfRACfOR's counsel. '['his indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKE'RS' CO.NIII NSAIION AND E'NIPLOYEI2'S LIABILITY INSURANCE Pursuant to Ccriijornia labor Co(le Section 1861.. CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer ug,e)C naJcm.const/4-03 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the tcrnis of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANC[ In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to delend, hold harmless and indemnity CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PRO.II--Cf. This policy shall indemnify CONTRACTOR, its ofticcrs. employees and agents while acting within the scope of their duties. against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage. including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1.000,000) per occurrence. If coverage is provided under a forni which includes a designated general aggregate limit, the aggregate limit must be no less than One Nlillion Dollars (SI.000.000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed otlicials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance ag,"iformskin'w.sH4-03 I J coverage which may be 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 it self' insured retention. or a "deductible" or any other similar form of limitation on the required coverage. 21. CIIRTIPICATES OF INSURANCE: ADDITIONAL INSURED ENDORSENII-XI:S Prior to commencing performance of the work hereunder. CONTRACTOR shall limiish to CITY certificates 01' insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: I. provide the name and policy number of each carrier and policy: 2. state that the policy is currently in force: and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of'CITY. CONTRACTOR shall maintain the foregoing insurance coverages in lurec 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 CONTRACTOR's defense. hold harmless and indemnification obligations as set tbrth under this Agreement. CITY or its representative shall at all times have the right to demand the original or it copy of all the policies of insurance. CONTRACTOR shall pay, in it prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its ofticcrs, ug,,Jfonas/cite wnsU•1-03 14 elected and appointed of7icials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hcrcundcr. 22. NOTICE OP THIRD PARTY CLAIM Pursuant to Public Contracts Carle §9202. CITY shall provide notice to CONTRACTOR of receipt ofany claim filed with CITY or it court ofcompetcnt jurisdiction which arises out of perforniance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERN1IN AT]ON If CONTRACTOR fttils or refuses to prosecute the work hcrcundcr with diligence, or fitils to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agrcement or the Contract Documents. CITY may give CONTRACTOR notice in writing of its intention to tenninate this Agrcement. Unless the violation is cured within tell (10) days after such Notice of Intention has been served on CONTRACTOR. CITY may, without prejudice to any other remedy it may have, tenninate this Agreement upon the expiration of that lime. 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 delault consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently detennined by it court of competent jurisdiction that CITY's tcnnination of this Agrcement under this Section was wrongful, such tcnnination shall be converted to a tcnnination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. nbreehbrmmkiro mnsr/4-03 15 24. '1*6R\91NATlQN FOR CONVIiN113NCL CITY may terininate this Agreement for convenience at any time with or without cause, and whether or not PROJI�CT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of tcnnination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the tcrtination period plus seven and one-halfpercent (7 '/%) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for tcnnination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS- I3STHMATIiS AND OTI113R DOCUiMIENTS CONTRACTOR agrees that upon completion of' the work to be performed hereunder, or upon expiration or 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. 26. NONASSIGNABILITY CONTRACTOR shall not sell. assign, transter, convey or encumber this Agreement, or any part hereof; or any right or duty created herein, without the prior written consent ofCITY and the surety. 27. CITY I—NIPLOYLTHS AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work pertonned pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agr L�,/rorms/city coast/4-03 16 28. STOP NOTICES: Rf?COyriRY Or ADMINISTIZATTyr COSTS CITY shall be entitled to all reasonable administrative costs and necessary, disbursements arising out of the processing of Stop Notices. Notices to Withhold, or any similar legal document. This obligation shall be provided for in the Tabor zinc] materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S100) for every Stipp Notice filed in excess of two (2). regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set oil any unrcimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICC'S Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section hercinabove) or to CITY as the situation shall warrant, or by enclosing the same in a scaled envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below: provided that CITY and CONTRACTOR may designate diflcrcnl addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable ovemight carrier or U. S. certified mail-return receipt requested: -10 CITY: TO CONTRACTOR: City ofl-luntingtonBeach [.05 �t�F�L (=1iN6IN6 ING. AT-I-N: 2000 \lain Street Huntington Beach, CA 92648 Gf4 uErro/fonnskm wnst/4-03 1 A. SUCTION HEADINGS The titles, captions. section. paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement arc merely descriptive and are included solely for convenience of reference only and arc not representative of matcrs included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. .i I. IiNIN4IGRAIION CONTRACTOR shall be responsible Im tLll compliance with the immigration and naturalization laws of' the United States- and shall, in particular, comply with the provisions of United Sialer Code Section 1324a regarding employment verification. 32. LIXGAL. SERVICES SUBCONTRACTING PROHIBI TI-D 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 Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; zinc] CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. A"ITORNI3Y'S PEI3S In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/fonndcity cons)/4-03 18 shall bear its own attorney's tees, such that the prevailing pally shall not be entitled to recover its attorney's lees from the non-prevailing party. 34. INTF]WRI` fATION OF THIS AGRI3Li ,l1-NT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the panics. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any contlict between any provision contained herein and any present or future statute. law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby aflccted shall be curtailed and limited only to the extent necessary to bring it within the raµiiroments of the law. 35. GOVL'RNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Cali tornia. 36. DUPLICAII- ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agrtw/rnrnns/ciry conslW.03 19 irrespective of the date of its execution and delivery, be deemed an original. Bach duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement. its Coll sell UapprovaI for one transaction or event shall not be deemed to be conscnUapproval to any subsequent occurrence of the same or any other transaction or event. 39. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or tennination of this Agreement shall so survive. 39. iMODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. EXI'IRF..TY The parties acknowledge and agree that they are entering into this Agreement Itecly and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations. inducements, promises, agreements or warranties. oral or otherwise, have been made by that party or anyone acting on that party's hchalf, which arc not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise. agreement, warranty. ]',,let or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A". contain the entire agreement between the parties respecting the subject matter ng"c/fonns/city mwl-1-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH,a municipal/corporation o/f�the eSState of California Los Angeles Engineering, Inc. 4134 Temple City Blvd. Rosemead CA 91770 7 1� Mayor By: s i` Angus O'Brien, President AZ T: pnnl rome ITS: (circle one)Chainrurn/PresidentNice President City Clerk Jr AND By: �L l� APPROVED AS TO FORM: Angus O�'Rrign, Sorrerary prim m ITS: (circle one)Secretary/Chief Financial Officer/Asst. 6 Attornty 1(r) Secretary-Treasurer f ED AND 9P OVED: REVIEWED AND APPROVED: r/arect �or o blic Works City Ai inistrator apree/form✓cm comV4-03 21 SECTION C "A" PROPOSAL for the Mi;RDY PARK IMPROVEMENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach. and to enter into a cWtract at the following prices. Tte undersigned agrees to complete the instailtition with 85 working days and perform tke 90-day plant establishment and of (1) year post-installation Zlfdintenance as described herein., starting from the date of the Notice 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 If awarded the Contract, Wridersigned agrees that in the even* 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. 10 % Bid Bond Accompanying this proposal of bid, find In the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda .No. Date Received idder' nature 1 8/8/03 8/8/03 C-2 08/07/2003 11:24 7143741573 CHB ENG PAGE 03/13 Revision l SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 1 2.5 Site Ycibilizatioll S(x ✓�����( Acres @ 1('641•t/ 7w° � ai0t-)-2 Dollars G2 �Ot7 jlo,soo f _ Cents 2 2.5 Site Clearing, Grubbing & Demolition Acres @ /{n„`Ie4g f01L54s9 fc✓cy hUIZJ-d Dollars Cents 1.51100 3y 270 3 610 Earthwork— Unclassified Fill C.Y. @ lc ,3 Dollars Cents 10.00 (0, 00 4 6,600 Earthwork — Unclassified Excavation/Export C.Y. @ /cuCv Dollars 11•25 �%ZSD ✓! UG Cents 5 1 2" DW Meter & Con ection Each @ oc'.2 >`GIo�S:W:J o Dollars L�ZDo q ZoU Cents 6 1 Sever Clean Out Each @ _pae 610;jdezX S,xertt, Dollars 160.00 160.00 Cents 7 1 TT P13D-DW / Each -fyyz- hv,,dre t Dollars 2iy00 2,`/00 Cents 8 300 2" PVC Pipe �/ - L.F. @ 7u Dollars /3.00 3 ypU Cents 9 300 4" PVC Pipe L.F. @ ���Q� Dollars 9-0D 2 y00 Cents 10 1 Tras Enclosure, Gate, an curb Lump Sum @ ,rr, 1w5&-a9 Ae h Dollars Cents 11 520 French Dra' L.F. @ -- vvsC fevcvl Dollars q7, 7,S Zyi 8 o _ e,), •ue Cents _ 12 60 PCC Longitudinal Gutter L.F. @ Fvvrt�� Dollars VO,00 2,zlOQ Cents C-3 08/07/2003 11: 24 7143741573 CHH ENG • PAGE 04/13 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 13 25 PCC Drainage Channel p L.F. @ /11 jYJ �'< Dollars l y 00 Cents 14 1 Parkway Cu�vcrt /t Lump Sum @ t�rL�711i L'�+lfj,,� 4yt b,,, .,e Dollars �' [�Ov 3 clJo Cents 15 400 Pedestrian Concrete Paving S.F. Ca;_ F,Jy� Dollars j �0 2 32U C/ /1 Cents 16 9670 Vehicular Concrete Paving S.F. @ 6 4y- Dollars ]LWCti4y Cents 17 470 Enriched Pedestrian Concrete Paving S.F. @ Lleocq Dollars 'e- Cents 14 110 Enriched Vehicular Concrete Paving S.F. @ Dollars 7(oD _ Cents 19 42,150 Asphaltic Concrete Paving S.F. @ I Dollars o(0 791 3K lj�jS Cents 20 12.515 Basketball Court Paving S.F. @ b✓G Dollars 5 71) Seoch cents 21 305 Concrete Banding L.F. @ H>! Dollars Z0.00 (0l /00 Cents 22 1,100 Concrete Curb I—F. (c) /1 Dollars IO /0, 0/0 G r Cents 23 5 Curb Ramp Each @ OHC 1tris�4ns� Dollars 4 000 3,- 600 Cents 24 415 Curb & Gutter L.F. @ J1ke1eC r Dollars A9.00 (i6yO Cents 25 235 Rail (includin Mow trip) L.F. @ Gfy u e- Dollars 5]�00 Cents 26 1 Parking Lot & Court Striping Lump Sum @ OoC Amd er e Dollars 3,/oo 3, /DO Cents 27 7 Parking Lot Signage F,ach @ me Dollars I N,00 If 225- Cents C-4 0B/07/2003 11: 24 7143741573 CHB ENG PAGE 05/13 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 28 1 Light R location & Site lectr.cat Lump Sum @ acc-141 sik ,34411,-39 _Dollars 2610Do 2("0cc) Cents 29 2090 Temporary Construction Fence L.F. (cry 0/4C Dollars /. 00 210770 Cents 30 1 Restroom /� Lump Sum @ 1�/lne& ftoaa -�k''S IJO Dollars / 7,000 !p z" Cents 31 4 Bench / /� Each @ rvv-L h'mctG.l SCdc4"r rN-G Dollars y75-'00 //CD0 Cents 32 5 Trash Receptacle Each k1041116fe SIK&•1Lr Dollars V60.00 2,300 Cents 33 2 Volleyball Posts, Net & Sleeve Sets @ OItL- *10'SGW'O 9x hloc4lel( f Dollars /r 650 ��300 Cents 34 1 Relocated Basketball Uprights Lump Sum @ SX Avv XN/O 414c lord^ct' Dollars 6,�00 �00 _ Cents 35 8 Backboards, Net& Ring/- Each @1i✓uly lty+ t^c1� �r (rjcu,t _Dollars �15,0O 72o Cents 36 1 Automa.Icp Irrigation Syste� Lump Sum @ F,to Ey/ J✓w ` )dL15=,fi-i'J _Dollars 3 Qj0 �j� DOU 7 Cents 37 41.050 Soil Preparation & Weed Abatement S.F. @___, Dollars y, 7y7 62 t✓ e eti Cents 38 38,665 Hydrostolenized Turf / S.F. @ Dollars 0 q 314 pufZ «t Cents 39 352 1 Gallon Shrub Each @ Dollars 7,3D r` Cents _ 40 214 5 Gallon Shrub f0ee-q Each @ Dollars 9 rr^ Cents 15, 3D 7; 2 7`I.10 41 30 24"B o Treyg/ Each @ 0 `1 ua "'O t' Dollars /9 00 7 SDO Ccnls L 42 2385 Shredded Fir Bark S.F. @ Dollars D S �/3��- 75 1 ar Cents C-5 B8/07/2003 11: 24 714374116 CHB ENG • PAGE e6/13 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN UNITPRICE EXTENDED NO. QUANTITY WORDS AMOUNT 43 6 Relocated Tree 2y,400 Each r . f Dollars Cents S 44 1 90 Day Plsnt Establishment Lump Sum @ 4106 Wm Sj4.V Ok/ JIV2dra Dollars 7, /0D Cents 45 1 1 Year Post Installation Maintenance p Lump Sum @ .SeUtileety ttl0S v2 Slac hooelfa Dollars Cents 46 65 6" PVC, SDR 35, Fittings, & Concrete Backfill L.F. @ 6V'L� wjetu Dollars y3 vo 2, 2�S Cents 47 25 Drainage Channel Cents 44 260 12" Wide Concrete Step-Off L.F. @ elf/If Dollars goo 2 050 Cents 49 265 Grassy Pavers S.F. 4�9 e0ch Dollars �0 Z, 4ir(cl.50 Cents BASE BID Total Amount Bid in Figures: $ 7 73, /3 9, 6. Total Amount Bid in Words: jeJCn I,to'ider,Q SeAoc- -P' {4.-c �54', Uq -- e- ,),n �.rru-Q r Gl� 0- LC!/f�"'t-3 :S+KC{y ,,sr ee-t(l PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract based on the basis of the Project Base Bid alone. Additive 33,665 Replace Line Item 38 with this item. Alternate 91 S.F. Sod Turf. U 1 5_ 3f9.25- @ Dollars roe. Cents C-6 OST OF SUBCONTRACTOR* 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. E;t�i Name and Address of Subcontractor State License Class 2 a !.4 Number (AIJ,9 7q l l l HAS es poaz 4-4ttq&)g4 600031 94591&1 VI Ca�zrs S��A�r>l� Z�1�Nb eNNlS �u�KTS S&Co9t` Q,C' /'1�Zsoa<y +4TJ645ot3 (04. (29,&44GC CA. 398`l69 E/eu�ci r� UT eye/� "F cam° 7b323� — eto Ceke4 e raaS GLANDs(�I E iCiJt'.S, etc M, By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-7 OONCOLLUSION AFFIDAVIO TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Kim Yu being first duly sworn, deposes and says that he or she is Vice President Contract Administration of tns Angplac Fnginvaring 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, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Los Angeles Engineering Inc. Name of Bidder Signa&re of idder Kim Yu, Vice President Contract Administration 4134 Temple City B1vd.Rosemead Ca,91770 Address of Bidder Subscribed and sworn to before me this 12 day of August 2003 ......... ..........................G o LOGAN O'BRIEN q COMM. #1299970 R S NOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 Idyy Gorton.Expires Aad 7.2005 NOTARY PUBLIC Logan OBrien, notary Public NOTARY SEAL C-8 DISPALIFICATION QUESTIONARE 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 �*o 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-10 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 Niurdy Park Improvements, (1)(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. Los Angeles Engineering Inc. Contractor !/1✓ By kim u Vice President Contract Administration Title Date: 8/l2/03 C-9 COMPEIRATION INSURANCE CERTIOCATE 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. Los Angeles Engineering Inc. Contractor By Kim Yu Vice President Contract Administration Title 8/12/03 Date: C-11 IWERGROUND SERVICE ALIPT 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 Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Los Angeles Enginepring Tnr. Contractor IL By Kim Y Wrp P ',]Ant C-L...r Admlai,urau4on Title Date: 8/12/03 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-12 *BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Los Angeles Engineering Inc. Bidder Name 4134 Temple City Blvd Business Address Ca, 91770 Rnce _� City, State Zip 626-454-5222 Telephone Number 591176 A B C27 C10 HAZ State Contractor's License No. and Class 3/26/87 Original Date Issued 3/31/04 Expiration Date The work site was inspected by n;,,o- c,m,.; of our office on August 5th 200 3 The following are persons, firms, and corporations having a principal interest in this proposal: Angus OBrien, President, Secretary, Chief Financial Officer Kim Yu Vice President Contract Administratio C-13 The undersigned is preparrtto satisfy the Council of the City of lotington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Los Angeles Fnginag�JpS ;pe Company Name A Signature f Bid er Kim Yu, Vice President Contract Administration Printed or Typed Signature Subscribed and sworn to before me this 12 day of yj8"61; 209 3;, LOGAN O'BRIEN R COMM. #1299970 R S NOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 . .... E........••..................... ......... ..•. NOTARY PUBLIC f Logan OBrien, Notary Public NOTARYSEAL 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. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-14 LANDSCAPE REFERENCES CITY OF IRVINE / CANINE PARK- CIP 381200 ONE CIVIC CENTER PLAZA IRVINE CA.92623 949-724-6000 $ 325.000.00 CONTACT/DOUGLAS DAVIDSON CITY OF BEVERLY HILLS/ GREYSTONE MANSION LANDSCAPING AND SITE IMPROVEMENTS- 455 N. REXFORD BEVERLY HILLS CA,90210 310-285-1188 $ 1,685,064.04 CONTACT/ CHARLIE ACKERMAN CITY OF ONTARIO/ ONTARIO VIEW CORRIDOR. RDA 9900-15 303 E. "B" STREET ONTARIO CA.91764 909-986-1 151 $ 4,400,000.00 CONTACT/ JORGE VILLANUEVA CITY OF ONTARIO/ LANDSCAPE STREET IMPROVEMENTS FOR INLAND EMPIRE BLVD. RDA 9900-05 303 E `B" STREET ONTARIO CA,91764 909-986-1 151 $ 350.000.00 CONTACT/ JORE VILLENUEVA CITY OF LAGUNA NIGUEL/ GEORGE WHITE E.S SPORTS FIELD RENOVATION PROJECT CC. 01-06 27791 LA PAZ ROAD, LAGUNA NIGUEL CA,92677 949-362-4337 $ 700.000.00 CONTACT./ FRANK BORGES COMMUNITY REDEVELOMENT AGENCY OF LOS ANGELES (CRA) WATTS TOWERS CONTRACT NO.502189 354 S SPRING ST LOS ANGELES CA,90013 $ 825,000.00 CONTACT/ SANDRA SUNDAY 213-977-2614 COMMUNITY REDEVELOMENT AGENCY OF LOS ANGELES (CRA) WASHINGTON BOULEVARD LANDSCAPING AND PUBLIC IMPROVEMENTS CONTRACT NO. 502308 354 S SPRING STREET LOS ANGELES CA,90013 $ 2,100,000.00 CONTACT/ SANDRA SUNDAY 213-977-2614 ,3 11: 24 7143741573 CHB ENG PAGE 02/13 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 5, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Use Revised Project Bid Schedule attached (Revised Line Item 10 to delete Transit Pipe and replace with Trash Enclosure item, Line Item 38 to read " Hydrostoienized Turf', added "including mow strip"to Line Item 25, Added Line Items 46-49 and the addition of Sod Add/Alternate) 2. Clarification. Striping and Signage by Contractor, not City Forces. 3. Please find attached, the pole base detail for the new and relocated light poles. Cost to be included in Line Item No 28. 4. Replace Stainless Steel Door Assemblies, Section 08110 with Fiberglass Reinforced Plastic Doors, Section 08220. (Attached, 5-sheets) 5. Revise Specification Section 02900, Item 3.06 to read "HYDROSTOLONIZED TURF"and Item 3.06.D. to read "Hydrostolon mixture shall be Paspalum Vaginatum as indicated on the drawings. Applied at the rate of 218 BU./AC. 6. Add "The type of turf to be used shall be, Paspalum Viginatum, "Seashore Paspalum", or Pacific Sod (800) 942-5296 7. Sheet A-2, 14 of 30, Construction Note 7 should read "Stone Textured Concrete Column to Match Columns at Existing Community Center". Remainder of note to be deleted. 8. Existing Irrigation Controller"A" is located near Golden West St. Use 600' run for bidding. Los Angeles Engineering Inc. Company Name By Kim Yu, Vic President Contract Administration _ 8/12/03 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 WConstructinn Contracts(CC5)1CC 117613pecsVAdderdurn 1.doc 0B/07/2003 11: 24 7143744 CHB ENG � PAGE 13/13 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 6, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Delete Line item 47 from the Bid Schedule as it is already shown as Line Item 13. Los Angeles Engineering Company Name By / Kim Yu,Vice resident Contract Administratio 8/12/03 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 WConstructlon Contracts(CCs)1CC11767Specsb4ddendum 2.doc 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles Ss. CI On 9/5/03 before me, Logan 01trien, notary Publ.i.c Data Narnt,and Tine of OfIrNtl 1.9.-Jan.Doe.Notary Poole) personally appeared Angus 01trienrs personally known to me El 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 LOGAN O'BRIEN acknowledged to me that he/she/they executed G G R COMM. #1299970 R the same in his/her/their authorized S NOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 capacity(ies), and that by his/her/their ... . N�Comm.Expires April 7.2005 - signature(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. (p Slfvlatura of Notary Punic Place Notary Seal Aeove i OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. fi Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signet's Name: El Individual ni Top 01 Murlib here ❑ Corporate Officer—Title(s): O Partner—0 Limited 0 General -D Attorney in Fact Trustee 1�4 0 Guardian or Conservator 12s C Other: Signer Is Representing: IQ ;rcl" 1999.Nliemeal Nadary dereemeo,- N S010 A,O,Po JElco 2202- CA 91010 2402 Orff P.No.9907 fl amr call Tol-Flee 1 M 876 e 7 PY OF HUNTINGTON BEACP q11 } r��� MEETING DATE: September 2, 2003 DEPARTMENT ID NUMBER: PW 03-060 Council/Agency Meeting Held:9/�,/v 3 Deferred/Continued to: , Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature 1 Council Meeting Date: September 2, 2003 Department ID Number: PW 03-060 CITY OF HUNTINGTON BEACH - . REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS W ? r SUBMITTED BY: RAY SILVER, City Administrator -1-4'' C) 30 o_ PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Wo S q� JIM B. ENGLE, Director of Community Services iW _D AWARD MURDY PARK RECONFIGURATION PROJECT PHASE RNE CC- SUBJECT: 1176 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: Bids for the Murdy Park Reconfiguration Project, Phase One, CC-1176 were received and opened publicly on August 12, 2003. Staff recommends award of the contract to Los Angeles Engineering, Inc., the lowest responsive and responsible bidder. Funding Source: Funds are budgeted in Account No. 20987028.82200, Park Acquisition and Development Fund, Murdy Park Reconfiguration. A reimbursable grant has been approved under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 for $550,000 and $450,000 from the park in-lieu fees paid to the Park Acquisition and Development Fund from the Cattelus Meadowlark residential project. The Engineer's Estimate is $750,000. Recommended Action: Motion to: 1 . Accept the lowest responsive/responsible bid submitted by Los Angeles Engineering, Inc., in the amount of $785,124.80 for the Murdy Park Reconfiguration Project, Phase One, CC-1176; and 2. Authorize the Mayor and City Clerk to execute a construction contract with Los Angeles Engineering, Inc. in substantially the same form as the attached sample construction contact. Alternative Action(s): Direct staff to not move forward with the project at this time. 1 " 03-060 Sep 15 Broussard (Award Murdy Park).doc •7• 8/2812003 10:43 AM RRUEST FOR COUNCIL ACTIA MEETING DATE: September 2, 2003 DEPARTMENT ID NUMBER: PW 03-060 Analysis: City Council originally approved moving forward with this project on October 16, 2000. The Community Services Commission, on November 8, 2000, approved the conceptual plan to reconfigure Murdy Community Park and Park View School into a youth sports complex. The project included input from the user groups, Ocean View School District and Save Our Kids. Project elements include relocation of six basketball courts, additional parking and a 250 square foot restroom facility on the park. The project has been reviewed and approved by the City Attorney relative to Section 612 (Measure C). As a condition of the Lowe's Hardware project, Ocean View School District is to relocate Ocean View Little League (OVLL) from Rancho View School to Park View School. Huntington Beach Adult Education is currently using Park View and additional parking is necessary to accommodate the OVLL. Increased parking will also be useful when the main activity at Murdy Community Park is converted to youth sports after the adult softball program has been relocated to the Huntington Central Park Sports Complex. This is one of the nine strategies identified in the Youth Needs Assessment Study, which was jointly commissioned by the City and local school districts. An additional 96-space parking lot is planned for Murdy Park. Since the primary need for this parking lot is to service the youth sports, it will be centrally located to the fields on the school and park. It is necessary to relocate the existing basketball courts to the west of the existing tennis courts on the park. Three unisex restrooms, including an ADA accessible restroom, will be adjacent to the new parking lot. While the City is constructing these Murdy Park improvements, the school district, Lowe's and OVLL will make the necessary improvements to Park View School to accommodate the OVLL relocation. Project funds are budgeted in the Park Acquisition and Development Fund with $550,000 received from the City's designated allocation from the 2000 Park Bond Act and $450,000 from park in-lieu fees collected from development of the Meadowlark Airport site into residential by Cattelus. On April 21, 2003, the City Council authorized the advertisement of this project and on August 12, 2003, bids were opened. The bids are summarized below in ascending order: Bidding Contractor Bid Amount 1. Hondo Company $772,000.00 2. Los Angeles Engineering $773,138.65 3. 4-Con Engineering $816,053.55 4. TerraCal Construction $817,847.10 5. Ecology Construction $818,316.70 6. D&M Construction $841,311 .00 7. Allied e Corporation $867,196.25 8. Sequel Contractors $877,947.50 9. Big Ben, Inc. $1 ,010,387.00 10. Moment Construction $1 ,046,095.00 11. Adams/Mallory Construction $1 ,054,248.00 03-060 Sep 15 Broussard (Award Murdy Park).doc 4- 8/28/2003 10:43 AM d RAUEST FOR COUNCIL ACTIA MEETING DATE: September 2, 2003 DEPARTMENT ID NUMBER: PW 03-060 On August 14, Los Angeles Engineering filed a bid protest claiming irregularities in Hondo Company's bid. The City Attorney's office reviewed the bid protest and agreed, making Hondo Company's bid $74,215.80 higher than their submitted bid. Therefore the lowest responsive and responsible bidder was determined by the base bid to be Los Angeles Engineering, Inc. In addition to the base bid, the City also requested that the bidders provide an alternate bid item for sod turf in lieu of hydrostolonized turf. As hydrostoloinzed turf has a recommended planting time between April and August, staff recommends that the bid alternate be included in the bid at an extra cost of $11 ,1986.15. This would bring the contract amount to $785,124.80. Sod would also allow immediate usage of the rehabilitated turf area. References were reviewed with favorable results; therefore, staff recommends that the Council accept the bid from Los Angeles Engineering, Inc. Public Works Commission: The Public Works Commission reviewed and approved this project on December 12, 2001 by a vote of 5-0-2. Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s): DescriptionCity Clerk's 1 Location Map 2 Sample Construction Contract RCA Author: T. Broussard:jm 03-060 Sep 15 Broussard (Award Murdy Park).doc -4- 8128/2003 10:43 AM ATTACHMENT #jjj 8/1=003 9:15:38 AM NW Ira ww.er. — — awln or. all , — — — — N"A o.. Carl CY. ELF LF"4. Ls Nwom Or. tlD _ PROJECT AREA c oncu D. I T.00 Dr I Lam_ J � W ,,A LOCATION MAP Murdy Park Reconfiguration Project N W �+ E C Cify of Huntingfon Beach I Location Map ATTACHMENT #2 i CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20_, 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 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: I. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and 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 fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from aWwr""wcm w"w4-03 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 in 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 faithtidly completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of"CII-Y for the compensation set forth in the accepted bid proposal. 2. ACCI31"IANCIi OF CONDITIONS OF WORK: PLANS /WD SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the teens, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section). 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 thorough investigation of all such matters and is relying in no way upon any opinions or representations of CII-Y. It is agreed that the Contract Documents arc incorporated into this Agreement by this reference, with the same force and cllcct as if the same were set forth at length herein. and That CONTRACTOR and its subcontractors, if any, shall be bound by the 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; 13. Bonds covering the work herein agreed upon: ages./forjmk l mnst/4-07 2 0 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. and any revisions. amendments or addenda thereto: D. The current edition of Sim0eird Specifications for Public Works Comiructiou, published by Builders' News. Inc.. 10801 National Boulevard. Los Angeles. CA 90064. and all amendments thereto. written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated Gcncral Contractors of the California Joint Cooperative Committee: I Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal. (which is attached hereto as Exhibit "A" and incorporated herein by this retercncc): F. The particular Plans. Specifications. Special Provisions and Addenda applicable to the PROJI=CT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as it indicated and mentioned in both. In case of a discrepancy between any Plans. Specifications. Special provisions. or Addenda, the matter shall be inunediatcly submitted by CONTRACTOR to the Department of Public Works of CITY (hercinafler relened to as "DPW"), and agree/fonns/cm const/4-03 J CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DI'W, save only at its own risk and expense. Should there be any conflict between the ternis 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 ternts of the hid 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 Conu<tct Documents, a sum not to exceed Dollars (S ). as set forth in the Contract Documents. to be paid as provided in this Agreement. 4. COMMENCEMENIT OF PROJECT CONTRACTOR agrees to commence the PRO.IECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ( ) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. l IM6 OF "Il-IE ESSENCF The parties hereto recognize and agree that time is of the essence in the perlonnance ofthis Agreement and each and every provision ofthc 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 ag,m1fonnskiq'cons114-03 4 other contractors, subcontractors. and CITY forces working on the PROJECT in a manner that will facilitate the ellicient completion of the PROJHCT 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 performcd and shall have the right to decide the time and order in which the various portions of the work shall be perfoned and the priority ol' the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work ofCONfRACTOR on the premises. G 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 DPW. CONTRACTOR agrces to make any and all changes. furnish materials and perfonn all work necessary within the scope of the PRO.IGC"f its DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work. CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the cticct of the change. Should DPW not agree to Such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR: thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/ro,,mkny mnsIM-03 5 7. NOTICE TO PROCFFD No work, services, material, or equipment shall be perlonned or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site. for any reason. relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 3. 13ONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, famish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful perlorniance of the work, and one in the amOUnt of one hundred percent of the contract price to guarantee payment of all claims Rx labor and materials furnished. In addition- CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such perlbrniance for a period of-one (I) year after CITY's acceptance thereof within ten (10) days of filing ofthe Notice ofComplction. 9. `,1/ARRANI-II S CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to. any workmanship, installation, tabrication, material or structural lacilitics constructed. CONTRACTOR, within ten ( 10) days alter notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agrn /forms/city consW-03 6 0 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACfOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all limes hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense. and be responsible Ibr any and all payment ol'all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its ofliccrs, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DA\-IAGES/DELAYS It is agreed by the parties hereto that in case the total work called far hereunder is not in all parts and requirements finished or completed within the number ol'calendar days as set forth herein, damage will he sustained by CITY, and that it is, and would be, impractical and cxlrcmcly difTicult to ascertain an(] determine the actual damage which CITY would sustain in the cvcnt of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penally, the sum of Dollars ($ ) per day for each and every working day',., delay in completing the work in excess ofthe number of working/calendar days set lorth herein. which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the loresccablc damages CITY would sustain in the event of and by reason of'such delay. and CONTRACTOR agrees to pay these damages herein provided, and ugmv/forms/cite consd4-03 7 further agrees that CITY may deduct file amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages R3r any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence ot'CONTRACfOR. including, but not limited to, acts of God or of the public enemy. tire, floods. epidemics, quarantine restrictions, strikes, unsuitable weather. or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning ofany such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and Cl'l Y shall extend the time for completing the work if, in its judgment, the findings of fact thereon justity the delay; and the decision of 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 by waiting tier materials required by this Agreement to be furnished by 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 no wav 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 CONTRACTOR has thus been dclaved, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fitlecn (15) days ofthc conmicncenwnt of'such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agrmYforms/cny consJ4-03 8 delays by other contractors or subcontractors, will be allowed and an CStensl0n of time for completion shall be the sole remedy.of CONTRACTOR. 12. DIPPGRING S1TL CONDITIONS A. Notice: CONTRACTOR shall promptly. and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially li'om those indicated in this Agrecmcnt or the Contract Documents; or (2) Unknown physical conditions at the job site. of an unusual nature, dilicring materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so diftcr and cause an increase or decrease in the time required for performance of any part of the work under this Agrecmcnt, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time EXtcnsion: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided. however, the lime prescribed therefor may be extended by CITY. agrmMornss/cob const/4-03 9 0 13. VARIATION'S IN LSTHMATI D OIJAN'Il'I IFS The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only Cor the actual quantities otcontract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion ofthc PROJEC'I'. ifthc actual quantities usCd are either more than or less than the quantities listed ill the bid schedule, the bid price shall prevail subject to the provisions of'this Section. DPW may, at its sole discretion. when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards. in payment to 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 price or time for completion shall be allowed if asserted afler linal payment under this Agreement. II'thC quantity variation is such as to cause an increase in the time necessary for completion, DPW shall asccr1ain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRI SS 13AYi\4ENTS Each month DPW will make all estimate in writing ol'(he work pertonned by CONTRACTOR and the value thereof. From each progress estimate, tell percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, Tess the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, Iaithfully executed tidy percent (50%) or more of the value of the work as dctennined trom the bid schedule, and if DPW finds that satisfactory progress has been and is hcing made. CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of awredCwms/cw,const/4-03 10 the value of the work completed since the Cnunencenient of the PROJLCI. as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CIIY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days allcr the acceptance of the work and the filing ofa Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by hnv, each payment to he accompanied by a certificate signed by DPW, al'firming that the work for which payment is demanded has been performed in accordance with the ternis of the Agreement and that the amount stated in the certificate is due under the ternis of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WffI IHI LD CONTRACT PONDS. SUBSTITUTION OP SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon. CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms ofthis Agreement. 16. AFFIDAVITS OF SATISFACTION OI' C.AINIS After the completion of the work contemplated by this Agreement. CONTRACTOR shall file with DPW its at7idavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no clainis outstanding against the PROJI-CI' for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's af'tidavit 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_ agrtc/forms/city const/4-03 I I IT WAIVER OP CLAEMS The acceptance by CONTRACTOR ofthc payment of the final certificate shall constitute a waiver of'all claims against CITY under or arising out of this Agreement. Is. INDFNINIFICATION, DGPGNSE. 1-I01-1) HAR:N•IL.I SS CONTRACTOR hereby agrees to protect. defend, indemnify and hold harmless CITY, its officers. elected or appointed officials, employees, agents. and volunteers from and against any and all, claims, damages, losses. expenses,judgments, demands defense costs. and consequential damage or liability of any kind or nature, 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, any subcontractoi s. 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 the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' CONIPENSATION AND FIMPLOYER'S LIA131LITY INSURANCE Pursuant to California Labor Code Section 1861. CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer ag m/ronns'kay cons)/4-03 12 8 0 to be insured against liability for workers' compensation: CONTRACTOR covenants that it Will comply with such provisions prior to commencing perlbnnance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of'not Tess than the Stale statutory limi[s. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE' In addition to the workers` compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY. CONTRACTOR shall obtain and furnish to CITY, it policy oT general public liability insurance, including motor vehicle coverage covering the PROJE-CT. "]'his policy shall indemmify CONTRACTOR. its of7icers, employees and agents while acting within the scope of their duties. against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the Ibllowing amount: combined single limit bodily injury and property damage. including products/completed operations liability and blanket contractual liability. of One MMillion Dollars ($1,000.000) per occurcncc. If coverage is provided under it form which includes it designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1.000.000) for this PROJI3CT. "]'his policy shall name CITY, its officers. elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance vgrm/forms/cite wnst/4-03 I J coverage which may be applicable to the PRO.ILCT shall be deemed excess coverage and that CONTRACT OR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain it sett-insured retention, or it `'deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATF'S OF INSURANCTi: ADDITIONAL INSURI-D EN NI17NTS Prior to commencing pertonnancc ol' the work hereunder. CONTRACTOR shall furnish to CITY ccrtiticatcS of insurance subject to approval of the City Attorney evidencing the lorcgoing insurance coverages as required by this Agrccl enC the certificates shall: I. provide the name and policy number ofcach carrier and policy; 2. state than the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice oICITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is ILlly completed and accepted by CITY. The requirement for carrying the toregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold hannlcss and indemnification obligations as set Ibrth under this Agreement. CITY or its representative shall at all times have the right to demand the original or it copy ol'all the policies of insurance. CONTRACTOR shall pay. in it prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming CITY, its ollicers. agr Y/forms/cite eonsd4-03 14 • elected and appointed officials, employees. agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICI- OI, THIRD PARTY CLAINI Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim tiled with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten ( 10) days of receipt of such claim or claims. 23. DI31-AUL T AND TER NI IN AT]ON If CONTRACTOR tails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the lime specified, or is adjudged bankrupt or makes an assignment for the benctit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to tenninate this Agreement. Unless the violation is cured within ten ( 10) days alter such Notice of Intention has been served on CONTRACTOR. CITY may. without prejudice to any other remedy it may have. tenninate 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 dcfaull consists and deduct the resulting costs Iron the progress payments then or to become due to CONTRACTOR. II it is subsequently determined by a court of competent jurisdiction that CIfY's termination of this Agreement under this Section was wrongfid, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set torth in Section 23. ngree/fonns/tire const/4-03 15 • 24. "Il RiMINATION FOR CONVFNIENCG CITY may terminate this Agreement for convenience at any time with or without cause. and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of tenmination, under this Section CITY shall pay CONTRACTOR Il r value of work in place on the PROJLC'I' through the termination period plus seven and one-hall percent (7 '/ %) Im overhead and profit less all such payments already made. Such payment by CITY shall be CON'TRACTOR's sole and exclusive remedy for tenmination by CITY lbr its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS. GSTIN4ATL'S AND OTHER DOCUPOF'NTS CONTRACTOR agrees that upon completion of the work to be perlonned hereunder, or upon expiration or 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. 26. NONASSIGNABILITY 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 ofCITY and the surely. 27. CITY L\9PLOYIZES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work perfornicd pursuant to this Agreement. No otlicer or employee of CITY shall have any financial interest in this Agreement in violation of the California Governrnem Code. agrm/fonns/ciw consV4-03 16 • 28. STOP NOTICES: RECOVERY OFADNIINISTRATIVE, COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fec of Onc Hundred Dollars ($100) for every Stop Notice filed in excess of two (2). regardless ol' whether or not CITY is named in an action to enforce such stop notices. CITY may set oil' any unreimburscd cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall he given either by personal delivery to CONTRACfOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United Stales Postal Service- to the addresses specified below: provided that CITY and CONTRACTOR may designate ditlerent addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt rcqucsted: TO CITY: TO CONTRACTOR: City of I-luntinaton Beach Al-I'M 2000 Niain Street Huntington Beach, CA 92648 agrm/forms/dtc c ns1/4-03 1 30. SI-Cl ION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, dcline, limit or describe, or consu'ue the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 3I. INUMIGRATION CONTRACTOR shall be responsible for lull compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section I J24a regarding employment verification. 32. LEGAL SGRVICLS 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 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 CONTACTOR. 33. Al"fORNI-EVS 1-1--ES In the event suit is brought by either party to construe, interpret and/or enforce the tenns and/or provisions of this Agreement or to secure the performance hereof, each party ngr t/forms/city coist/4-03 l H shall bear its own attorneys ices. such that the prevailing party shall not be entitled to recover its attorneys Iccs from the non-prevailing party. 34. INTERPRI fATION OI'THIS AGRIiGN4LNT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its lair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenlbrceable, void, illegal or invalid, such holding shall not invalidate or atlect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement. the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law. and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVL-'RNING LAW This Agreement shall be governed and construed in accordance with the laws ofthe State of California. 36. DUPLICATE-` ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, ngrm/forms/cav consW-03 19 • irrespective of the date of its execution and delivery, be deemed an original. Bach duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONS F \T Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL, Terris and conditions of this Agreement, which by their sense and context survive the expiration or tennination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. I NTIRF"I'Y The parties acknowledge and agree that they are entering into this Agreement 1'rcchl and voluntarily following extensive ann's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements- or warranties. oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agrcement. and that that party has not executed this Agreement in reliance on any representation. inducement, promise, agreement, warranty, Bret or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A contain the entire agreement between the parties respecting the suhjcct matter ag"a/rorms/nic consd4d03 20 0 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WFIFRI OP, the parties hereto have caused this Agreement to be executed by and through their authorised oil-ices the clay, month and year first above written. CONTRACT OR CITY OF HUNTINGTON BEACH. a municipal corporation ofthe State of California Pv4ayor 13v: ATTEST: print 1,amc ITS: (circle one)Chairmtm/President/Vice President City Clerk AND fly: APPROVED AS TO FORtM: print muse ITS: (circle one) Secretary/Chia Financial O(licer/Asst. GiIV Alt OtlleV Secrenuy -Treasurer INITIAL IiD AND APPROVED: RILVIEWED AND APPROVED: Director of Public Works City Administrator agrz<`/Ibnns/city cons)/1.03 21 CITY FUNDED CONS"I'RUC"IION CON"I'RAC'f B1 1'�k'IiI::N "I"l IF CI'I"1' OF IiUN'I'ING'I'ON 131-'ACI I AND FOR TABLE•OF CONI'I:NTS I sago NO. I. STAT'I?017 WORE, ACCEI'1'ANCE OF RISK I 2. ACCEPTANCE 017 CONDITIONS OF WORK; PLANS 2 3. COMPI NSAIION 4 4. COMNII NCFNI N'T OF PROJECT 4 5. "TIbIE 01'TI IE ESSENCE 4 6. CFIAN'GES 5 7. NOTICE"TO PROCELD 6 S. BONDS 6 9. WARRANTIES 6 10. INDEPENDI-N"T CON'IRAC'I'OR 7 IL LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENT'S 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACIION OP CI.AH%IS 11 IT WAIVER 01:CLAIMS 12 18, INDEMNIFICATION, DEFENSL. HOLD HARIMIA-SS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OFT[11RD PARTY CLAM4 15 23. DEFAULT T&TERMINATION 15 24. TERMINATION FOR CONVENIENCE* 16 25. DISPOSTIION OF PLANS, ESTIMATES AND OTHER 16 26, NON-ASSIGNABILITY 16 27. CITY EMPLOY[-'ES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30, SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. A'I"I"ORNEY'S PEES 18 34 INTI:RPRI'I'AIION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATEORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. LNTI RE'I'Y 20 ' Se C , 3y vJ ,ram .' •�� �'�� _ REQUEST FOR COUNCIL ACTION MEETING DATE: September 2, 2003 DEPARTMENT ID NUMBER: PW 03-060 Analysis: City Council originally approved moving forward with this project on October 16, 2000. The Community Services Commission, on November 8, 2000, approved the conceptual plan to reconfigure Murdy Community Park and Park View School into a youth sports complex. The project included input from the user groups, Ocean View School District and Save Our Kids. Project elements include relocation of six basketball courts, additional parking and a 250 square foot restroom facility on the park. The project has been reviewed and approved by the City Attorney relative to Section 612 (Measure C). As a condition of the Lowe's Hardware project, Ocean View School District is to relocate Ocean View Little League (OVLL) from Rancho View School to Park View School. Huntington Beach Adult Education is currently using Park View and additional parking is necessary to accommodate the OVLL. Increased parking will also be useful when the main activity at Murdy Community Park is converted to youth sports after the adult softball program has been relocated to the Huntington Central Park Sports Complex. This is one of the nine strategies identified in the Youth Needs Assessment Study, which was jointly commissioned by the City and local school districts. An additional 96-space parking lot is planned for Murdy Park. Since the primary need for this parking lot is to service the youth sports, it will be centrally located to the fields on the school and park. It is necessary to relocate the existing basketball courts to the west of the existing tennis courts on the park. Three unisex restrooms, including an ADA accessible restroom, will be adjacent to the new parking lot. While the City is constructing these Murdy Park improvements, the school district, Lowe's and OVLL will make the necessary improvements to Park View School to accommodate the OVLL relocation. Project funds are budgeted in the Park Acquisition and Development Fund with $550,000 received from the City's designated allocation from the 2000 Park Bond Act and $450,000 from park in-lieu fees collected from development of the Meadowlark Airport site into residential by Cattelus. On April 21 , 2003, the City Council authorized the advertisement of this project and on August 12, 2003, bids were opened. The bids are summarized below in ascending order: Biddinq Contractor Bid Amount 1. Hondo Company $772,000.00 2. Los Angeles Engineering $773,138.65 3. 4-Con Engineering $816.053.55 4. TerraCal Construction $817,847.10 5. Ecology Construction $818,316.70 6. D&M Construction $841,311.00 7. Allied e Corporation $867,196.25 8. Sequel Contractors $877,947.50 9. Big Ben, Inc. $1 ,010,387.00 10. Moment Construction $1 ,046,095.00 11. Adams/Mallory Construction $1 ,054,248.00 03-060 Sep 15 Broussard (Award Murdy Park).doc -7- 8/28/2003 10:43 AM a 0 ' Moca->J 1 42K CC- l �o BID DATE: TI1i �E 00 Engineer's Estimate: S 1-1:77C , BID LIST BIDDER'S NAME RA1Y8 I TOTAL BID,,WOUNT (! P 3. s 3 �. , cf)o ;o 8. a 1�15; 1 0 �A 10. t� 11. 12. cO � 13. � 14. 15. SECTION A 02 NOTICE INVITING SEALED BIDS 1 _ 02 for the / - 03 MURDY PARK RECONFIGURATION PROJECT CASH CONTRACT No. 1 176 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, Lip to the hour of 2:00 p.m. on August 12, 2003. Bids 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 S35.00 nonrefundable fee if picked up, or payment of a S45.00 nonrefundable fee if mailed via U.S. Postal Service. 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. 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 successflrl 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 A-1 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 21" day of April . 2003. Attest: Connie Brockwav CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 TRANShIISSION VEP.IFICATIOh! REPORT TLME : 07/17/2003 12: 37 DATE,TIME 07/17 12: 36 FAX NO. /NAME 919496465008 DUP,ATION 00: 00: 52 PAGE(S) 03 P.ESULT OK MODE STANDAP.D ECM [OLDICITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 1 90 }Huntington Beach , CA 92 64 8 LETTER OF TRANSMITTAL Fax (714) 374-1573 Anention: Connie Brockway Date: July 17, 2003 To: City Clerk's Office ProjectIC.C. No.: C.C. No. 1176 2000 Main Street Regarding: Murdy Park Reconfiguration Huntington Beach, CA 92648 ❑ We are sending you. ❑ By Mad ❑ By Fax Mail)Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via r the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ a Samples Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids VAM i Copies Pages Description 1 1 1 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submitcopies for distribution ® For your action ❑ netumed for eorteoBone ❑ RNum corrected prints ❑ For review/comment ❑ Other. Remarks: On April 21, 2003, the City Council authorized the advertisement of the Murdy Park Reconfiguration Project, CC1176. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for 7/24, 7/31, and 8/7 with a bid opening on 8/12. Please contact me at extension 5247 with any questions you may have. e: By:�l))''V1r�VLI iA M.Todd Broussard,Principal Civil Engineer GACOWntucran Coinnans tCOSACC I t 76\Cottttits\7YnfalroQacl t 76m Council/Agency Meeting Held: A� -. 1 'a(>, .2f_ Deferred/Continued to Approved J Conditionally Approved J Denied City Clerk's Signr6ture Council Meeting Date April 21, 2003 Department ID Number: PW 03-021 � - CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator V,/ 17 PREPARED BY: ROBERT F BEARDSLEY. Director of Public W JIM B ENGLE. Director of Community Servic s SUBJECT: AUTHORIZE ADVERTISEMENT FOR MURDY ARK RECONFIGURATION, PHASE ONE. CC-1176 Statement of issue. Funding Source. Recommended Action,Alternative Aclionlsl.Analysis, Environmental Status,Attachment(s) Statement of Issue: Plans and specifications are in final preparation for the Murdy Park Reconfiguration. Phase One, CC-1176. Authorization to advertise the project is requested. Funding Source Funds are budgeted in Account No 20987028.82200. Park Acquisition and Development Fund. Murdy Park Reconfiguration A reimbursable grant has been approved under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 for $550,000, and $450,000 from the park in-lieu fees paid to the Park Acquisition and Development Fund from the Cattelus Meadowlark residential project. The Engineers estimate is $750,000. Recommended Action: Motion to Approve the project plans and specifications. and authorize the Director of Public Works to request bids for the Murdy Park Reconfiguration. Phase One, CC-1176 Alternative Acticirl Direct staff to not move forward with the protect at this time. Analysis. City Council originally approved moving forward with this project on October 16, 2000 The Community Services Commission, on October 11, 2000, approved the conceptual plan to reconfigure Murdy Community Park and Park View School into a youth sports complex The project included input from the user groups. Ocean View School District. and Save Our Kids organization. Project elements include relocation of six basketball courts, additional parking, and a 250 square foot restroom facility on the park. The project has been reviewed and approved by the City Attorney relative to Charter Section 612 (Measure C) It Is not a lease or sale of parkland: there is no building or structure over 3,000 square feet or over $100,000, respectively. Plans and specifications are in final preparation and staff now requires permission to advertise for bids. REQUEST FOR COUNCIL ACTION MEETING DATE: April 21, 2003 DEPARTMENT ID NUMBER: PW 03-021 As a condition of the Lowe's Hardware project, Ocean View School District is to relocate Ocean View Little League (OVLL) from Rancho View School to Park View School. Because Huntington Beach Adult Education is currently using Park View, it is necessary to provide additional parking in order to accommodate the OVLL. Additional parking will also be useful when the main activity at Murdy Community Park is converted to youth sports after the adult softball program has been relocated to the Huntington Central Park Sports Complex. This is one of the nine strategies identified in the Youth Needs Assessment Study, which was jointly commissioned by the city and local school districts. In order to accommodate these uses, an additional 96-space parking lot is planned for Murdy Park. This parking lot would help service the park and school users. Because the primary need for this parking lot is to service OVLL and other youth groups, it needs to be centrally located to the fields on the school and park. Therefore, it is necessary to relocate the existing basketball courts to the west of the existing tennis courts on the park. It is also desirable to include additional bathrooms to service sports field users on the school and park. Three unisex restrooms, including an ADA accessible restroom, are planned on the park adjacent to the new parking lot. While these Murdy Park improvements are being constructed by the city, the school district, Lowe's, and OVLL will make the necessary improvements to Park View School to accommodate the OVLL relocation. Project funds are budgeted in the Park Acquistion and Development Fund with $550,000 received from the city's designated allocation from the 2000 Park Bond Act and $450,000 from park in-lieu fees collected from development of the Meadowlark Airport site into residential by Cattelus. Public Works Commission: The Public Works Commission reviewed and approved this project on December 12, 2001 by a vote of 5-0-2. Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachmentfsl: City Clerk's . . • Number No. D- 1 Location Map 2 Proposed Site Plan RCA Author: T. Broussard:jm 03-021 April 21 Broussard (Advertise Murdy Park) -3- 418/2003 2:23 PM ATTACHMENT # 1 3/31/2003 10 09 47 AM Neu Ave _ - Lsw Car. E WOOoa Dr. ^ J 2 NlIMNt CN. Cool+CN Carla CN — Norma Dr. Earl CM. Lydia Dr N^ La Wncly GN. PR.O.3EC.T 5 � Pr6m Dr. Lou►Tlor-1 / Cor.... Dr. ra,l� er LOCATION MAP Murdy Park N W E S City of Huntington Beach Location Map ATTACHMENT #2 NEW � I RELOCATED IAS ETBALL EXISTING PARKING LOT TOTAL OF FOUR(4) NEW PARKING LOT WITH96 SPACES TO CONNECT .TO �. .EXISTING PARKING LOT N W 2S0 S.F. RESTROOM BUILDING. XISTING WALK SHALL 8E REMOVED &.REPLACED WITH NEW ENTRY WALL TENNIS COURTS - 1 EXISTING SOFTBALL FIELDS SHALL - ,I REMAIN WITH BLEACHERS & BRICK . . il DUST INFIELDS PACIFIC BELLCELL EQUIPMENT r � 1 'OSTY ICAL N W NRICHED CONCRETE PAVING I / \ .,.,�. �IGHT POLE IN MINOR SOFTBALL FIELD - A' FIELD SHALL BE r RELOCATED_WITH y/ NFW LIGHT FIXTURES/. \ •''� !. ;_ ADDED FOR TWO(2) ' / ., ,•;.. - - .WAY LIGHTING l� /-+ SOF TBALL•FIELD 1J DENOTES EXISTJNG.SPORTS 1 \ ' ILIGHTS THAT SHALL REMAIN I \. IN CURRENT LOCATIONS I �r�Yrr I l EXISTING SHRUB PLANT MATERIAL ADJACENT .TO FENCE WITH NEW GROUNDCOVER ADDED EXISTING TURF MOUNDING SHALL BE REGRADED TO ACCOMODATE SPORTS ACTIVITIES 210' x SSO' SOCCER/FOOTBALL FIELD WITH RELOCATED SPORTS LIGHTS EXISTING PEDESTRIAN ACCESS NEW SHRUBS & GROUNDCOVER NORTH OF PEDESTRIAN ACCESS PRELIMINARY LAYOUT PLAN MURDY PARK RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR MURDY PARK RESTROOM FACILITY/PARKING LOT EXPANSION, PHASE ONE CC-1176 COUNCIL MEETING DATE: Aril 21, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) NotApplicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff f Assistant City Administrator (Initial) City Administrator Initial City Clerk t EXPLANATION FOR RETURN OF ITEM: / / kA&2t P j- a s nor O .J Only)(Below Space For City Clerk's Use RCA Author T Broussard CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 23, 2003 Adams/Mallory Construction Company, Inc. 740 S. Van Buren #A Placentia, CA 92870 Re: CC-1176 — Murdy Parr, Reconfiguration Project Enc!osed please find your original bid bond issued by Great American Insurance Company (Bond #6138350) for CC1176. J / J Connie Brockway, CMC City Cierk CB:pe Enclosure U (Telephone:714-53"227) PREMIUM: NIL Bond No. 6138350 G'ZE U AVEMCAN INSURANCE WMPlr1NY 'Gf13 NG -7 P; 12: 18 KNOW ALL MEN BY THESE PRESENTS, that we, ADAMS/MALLORY CONSTRUCTION CO. , INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, THE CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS (S 10% .), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 6TH day of AUGUST 2003 WHEREAS, the said principal is herewith submitting a proposal for MURDY PARK IMPROVEMENTS IFB NO. 1176 NOW, THEREFORE, the conditior. of this obligation is such that, if the said principal shall be awarded the said contract, and shall within sixty ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former;but in no event shall the liability hereunder exceed t11e penal sum hereof. MAL ORY CONSTRUCTION CO. , INC. B P ncioal GREAT AMERICAN INNSSURANC�EC MPPANY By DAVID L. CULBERTSON Arroni vdmFacr F,9116K- (3/921 (610 FORM) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 8/6/03 before file , LEXIE SHERWOOD — NOTARY PUBLIC personally appeared DAVID L . CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal . . LEXIESHERWOODf "A COMM.01311304 NOiARYPUBLIC-CAUFO.PNIA� �y.• ORANGE COUNTY 0 COMM.EXP.JULY 27,200S S a re of Notary Public OPTIONAL 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. DESCRIPTION OF ATTACHED DOCUhfENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES L DATE OF DOCUMENT 8/6/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(5) ❑ PARTNER (S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NN41 OF PERSON(S) OR ENTITY(S) f - GWM AMERICAN INSURANCE COMPANY' 580 WALNUT STREET•CINCINNATI. OHIO 45202• 513-369-5000•FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 14046 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,orother written obligations in the nature thereof:provided that the liability of thesaid Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLI`ITED RICHARD A. COON LEXIE SHERWOOD CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19 th day of June . 2001 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON —ss: On this 19th day of June, 2001 before me personally appeared DOUGLAS R. BOWE,. to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the scat;that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or anv one of them.be and herebv is authorized,from time to time,to appoint one or more Attorneys-In-Fact to execute on behalf of the Company,as surety,anv and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof.,to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of anv of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of anv bond, undertaking,contract orsuretyship,or other written obligation in the nature thereof,such signature andscal when so used being bercby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same fora and effect as though manually a7xed. CERTIFICATION I. RONALD C. HAYES, Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attomev and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and arc now in full fora and effect. Signed and sealed this 6TH day of AUGUST 2003 S1029S(I 1/9n - ,r:f I'rJl GS7r'b'=.: r .''f'i... L.y..,wr' ,n`Al vs,yr yr -.4-3. .r,f:t. l`.Y4 ti-� ♦ Y �.. l''�/�j1�3�S`-,. � .., y-�ry.+� .E.�C� r.�°4��1.st 'f�J�^.f�+ft. r.�'> ' '�,i.- t: >�� tf- �t�Z"''.r.2e af� iC'✓,. 'r`. ••y. G ,. 4_'_��� - y �"CL� r ^'S ,i "�'� �'3." { y�tl' � n- f-y.4., •�, �"�' E''/�i,.5-r r! t '.'> yE,�k ti"1"Y�`/t•c�'�''y' y' ' ��Y� �+��R�F^ r y,f ,-'Yt"e. 4�`9..0,"a'A.,.k• 1"�+�'ht"�q'S` �,C',l�t'` r n P ']' � l,N�xry•x�'i:ir.>' t,.i7`1�¢�.�11an�O tren..d"i"'4� $t{t••. ,. '...Y. z- 2 k �Ir ..bTe•5yxt rY'+:..` / .�::.:r �� .+. �..tt.".,�1'� K� -�:.ft .t•: ti :_A - .. • City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, CA 92648 -' ' �..'1-�'�:y�J ltSi f C, {J��t} � � t' ft`F, r• ` 1y1 •��-rW� 1 l( 1.� f ill f ! ir•.; . i�uJ�y` �.'�f"r•ha...Y� �? aY//�'43t �i�-,ti ai^' i � L . SEALED BID ENCLOSED qny M. Murdy Park Improvements 11� E001 s?T Cash Contract 1176 i i!:nj Due 12 AUG 03 at 2:00 PM '4•Y�i�k i t�^-r '1w},tt! rt� .r-I t+�" ,F S ,,��2 lt�,r;�y is �� �'rkFn. n N��}:5'A' ',R1r«fri i r,^'`t'w v 1, ' 'r t ,•� i SECTION C F PROPOSAL for the MURDY PARK IMPROVEMENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the installation within 85 working days and perform the 90-day plant establishment and one (1) year post-installation maintenance as described herein., 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 Lf awarded the Contract, thPundersigned agrees that in the eventothe 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 a Bid Bond in the amount of S 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received B' de'r's S, nature l One 04 AUG 03 Two 06 AUG 03 C-2 • CHB ENG PAGE 01/11 08/04/2003 16: 11 7143741573 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 5, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Use Revised Project Bid Schedule attached (Revised Line Item 10 to delete Transit Pipe and replace with Trash Enclosure item, Line Item 38 to read' Hydrostolenized Turf'. added"including mow strip"to Line Item 25, Added Line Items 46-49 and the addition of Sod Add/Alternate) 2. Clarification. Striping and Signage by Contractor, not City Forces. 3, Please find attached, the pole base detail for the new and relocated light poles. Cost to be included in Line Item No 28. 4. Replace Stainless Steel Door Assemblies, Section 08110 with Fiberglass Reinforced Plastic Doors, Section 08220. (Attached, 5-sheets) 5. Revise Specification Section 02900, Item 3.06 to read 'HYDROSTOLONIZED TURF" and Item 3,06.0. to read"Hydrostolon mixture shall be Paspalum Vaginatum as indicated on the drawings. Applied at the rate of 218 BU./AC. 6. Add "The type of turf to be used shall be, Paspalum Viginatum, "Seashore Paspalum", or Pacific Sod (800) 942-5296 7 Columns atlExisting Construction commun ty Center". Remainder ofn Concrete Column to Match ote to be deleted. 8. Existing Irrigation Controller"A"is located near Golden West St. Use 600' run for bidding. ADAPTS/MALLORY CONSTRUCTION CO. , INC. _ o a o resi e t Company Name y 12 AUG 03 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 G:\Construction Contracts(CCs)\CC717"pecs\A.ddendum 1.doc 08/05/2003 14:51 71437415 CHB ENG PAGE 01/01 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 6, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Delete Line item 47 from the Bid Schedule as it is already shown as Line Item 13. ADAMS/MALLORY CONSTRUCTION CO. , INC. Company Name gy on or. 12 AUG 03 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 WConstruction Contracts(CCs)VCC117eSpecs\Addendum 2.doc HECE1vED: 8/ 5/03 4 : 17PM: .>*SMALLORV; 0848; PAGE 2 • _ ©6/04/2803 16: 11 7143741573 CHB ENG PAGE ©2/I1 Revision 1 SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. UANTITY WORDS AMOUNT 1 2.5 Site Mobilization ryo0 Tars Acres @ z O S9 S Cents 2 2.5 Site Clearing, Grubbing & Demolition Acres @'(u�z h '�`''�'btviJllRmollars ^ Cents d 3 610 Eorthwork- Uncjau fiedFill Dollars C.Y. @ c � a s Cents �g , 025 H I ° 4 6,600 Eartbwork-Unclassified Excavation/Export C.Y. @-rr i� Qk Dollars�y�T Cents 3 to D f38 5 1 2•' DW Meter& Connection F--Je- Each @TLOo ^" ,Se•,n Dollars Ccnts (O cy 6 1 Sewer Clean but Each @ F AYe �'ntir�2r1� �T�J Dollars I J C f 3 Cents J 7 1 2" RPPBD-DWOeTy Each @ J acab 7T fOV S FOOV-4 0P FDollars 3 l�aD 3 y a o Cents 8 300 @ PVC PipeL.F. @ � Dollars Cents 10 9 300 4" PVC Pipe L.F. @ TCU OU Dollars Cents aC) Coo 10 1 Trash Encl6sure, Gate, and curb V- Lump Sum (0) 0�6HrkkhtCPt0DollarS js SQ�Cents 11 520 French Diain Dollars l L.F. @ � Cents 12 60 PC Longitudinal Guttcr L.F. @ eTt 7P' 8 Dollars Cents C-3 FIEGEIVED: 8/ 5/03 4 : 17PM; orAMSMALLORY; N848; PAGE 3 • e8/04/2003 16: 11 7143741573 CHB ENG PAGE 03/11 Revision I ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 13 25 PCC Drainage Channel L.F. @ eDI n ( aDollars �^ Ccnts D 14 l ParkwayCulve_rt_ Lump Sum @ AD Dollars 1� ® ! 17 0 Cents L ]5 400 Pedestrian C,,,.Qp6rete Paving S.F. @ F--7p Y- Dollars Z Cents 16 9670 Vehicular Concrete Paving S.F. @ Dollars l �� Cents 17 470 Enriched Pedestrian Concrctc Paving S.F. @ F Dollars EjEry _ Cents [jc� 3 18 110 Enriched Vehicular Concrete Paving u S.F. @ U Ut—e%j D lla 1 ( ' l� oZ8 19 42,150 Asphaltic rs Concrctc Paving S.F. @ 7W O Dollars Q /Ty Cents 5 20 12.515 Basketball Court Paving S.F. @ S Dollars Cents 1 , 00 67, 6a� ' 21 305 Concrctc Banding L.F. @ 62 OJ r- Dollars Cent, e L `(V 22 1,100 Concrctc Curb I-F. @ Tw E�Lj &7 Dollars f�PTIY Cents 3 d 23 5 Curb Ramp Each @ �700P— 1D Dollars / , Q Cent, `t 1S-0e S 24 415 Curb & Gutter L.F. @ b / Dollars r 7 lY Cents J 7 25 235 Rail (including Mow Strip) �, L.F. @ S l Dollars Cc 731 17 �ST J 26 1 Par ng Lot & Court Striping Lump Sum @ (� ANDollars I / Cent, l9 C> 27 7 Parking t Signage Each @'CN> -P-- Dollars Cents I (� C-4 RECEIVED: U/ 5/03 4 : 17PM; WAMSMALLOr1Y; N548; PAGE 4 • 08/04/2003 16: 11 7143741573 CHB ENG PAGE 04/11 Rcvision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 2.8 1 Light Relocation & Site Electrical_ ND Lump Sum @ -( QZ) f D WD Dollars '7 Cents 3 °� 29 2090 Temporary Construction Fcncc L.F. @ C-) Dollars Cents l� 30 1 Restroom Aft Q Lump Sum @IMAkwly [r' ars Cents 31 4 Bcnch Each @ ( �rs Ccnts _ 32 5 Trash Receptacle Each @ �ollars I / 1 Ce `( 33 2 Volleyball Posts, Net & Sleeve Sets @ r 7� 7L 6((/1�I� A_0) c�'r�Dollats �j � • 8 Cents 34 1 Relocated Basketball U rights _T� Lump Sum @��b�lt�Us n�t4��tlyAt� its a qLz oZ�Cents 35 8 Backboards. Net & Ring Each @ ` `s6wy Dollars �O _ Cents 36 1 Automatic Irrigation Systcm 1d2opto Lump Sum @ S'M 5S �}F ,UD S�� oars Ll / Cents (� 37 41 ,050 Soil Prep tion & Weed Abatement S.F. @ Dollars Ui OT6 M 7 Ccnts 38 38,665 Hydrostole izcd Turf S.F. @a; Dollars r�� E LU 6 Ccnts e l ` 39 352 1 Gallon Shrub Each @ t H7_ Dollars Cents 40 214 5 Gallon Shrub Each @ Dollars Cents J 4l 30 24" Box Tree Each @ N/) ( DDollars Cents 42 2385 Shredded Fir B S.F. @ ' ,Dollars f Cents 1 C-5 RECEIVED: 8/ 5/03 4 : 18PM; ->ADAMSMALIORY; #848; PAGE 5 08/04/2003 16: 11 714374& CHB ENG • PAGE 05/11 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 43 6 Relocated Tree �/1 Each @ 7#{Ov5/*AA() Qt�rlars Cents a.Lq_L1Qr- 44 1 90 Day MantEstablishment F-6R Lump Sum 724DUyS Kv yUM1% l&s �,I Cents 31 �f 45 1 1 Year Post lnstallation MaintenanccHO P•�_ Lump Sum @4 olla . � Cents A 46 65 6" PVC,SDR 35, Fittings, & Concrete BackfM Cents t 4S 260 12" Wide Concrete Stcp-Off L.F. @ Dollars r8 E l Cents 49 265 Grassy Pavers S.F. TLO elp'n- b Dollars /n� // g Cents o� b U BASE BID Total Amount Bid in Fi res: S Total Amount Bid in Words: ONt= l F�F FOtU 2 USArW rtLV U � 6 PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below arc an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract based on the basis of the Project Base Bid alone. Additive 38,665 Replace Line Item 38 with this item. Alternate #1 S.F. Sod Turf. @ Dollars ,5d � 6 Ccnt� C-6 AT 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. r Name and Address of Subcontractor State License Class Number Belli �27ts" C ►2 Sali CORc�k rrrgati n O, 6A ab ^r Land rslt- lAtttw Cr�dk ple gGSFAG J„1 3SZ379 t3 ILQF% PAYI� RACEA-crA 577986 F1 C IZ te Mtf2 CoNPA,�V �R/I�IGF, 393gD1 C 29 ,,4 Cod 3y3D rS ladPf7tSM347 (!u /�5 CIO y ,-3•P• E� r [ Chi OZ C- to 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. I That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-7 •NCOLLUSION AFFIDAVIT• TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Ronald W. Mallory being first duly sworn, deposes and says that he or she is Press ent OfADAMS/MALLORY CONNT, CO. , INC theparty making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed organization, or corporation: that the bid is genuine person, partnership, company, association, 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, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ADAMS/MALLORY CONSTRUCTION CO. , INC. Name of Bidder Signature o residen 740 S. Van Buren, Unit A Placentia, CA 92870 Address of Bidder Subscribed and swom to before me this 12TH day of August 2003 LEXIE SHERWOODj U COMM. 0 1311304 0 NOTARY PUBLIC-CALIFORNIAp I ORANGE COUNTY 0 �l COMM.EXP. JULY 27,2005 NOTARY PUBLIC �'I/[D/LI/ t� NOTARY SEAL. C-8 *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 NIurdy Park Improvements, (1)(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. ADAMS/MALLORY CONSTRUCTION CO. , TNC. Contractor By Ronald W. Mallory President Title Date: 12 AUG 03 C-9 DISQ•IFICATION 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 ® No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-10 CONIPETMATION INSURANCE CERTIOCATE 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. ADAMS/MALLORY CONSTRUCTION CO. . INC. Contractor 4,ByRon1d Mallo y President Title Date: 12 AUG 03 C-11 ODER'S INFORMATION 40 BIDDER certifies that the following information is true and correct: ADAMS/MALLORY CONSTRUCTION CO. , INC. Bidder Name 740 S. Van Buren, Unit A Business Address Placentia, CA 92870 City, State Zip (71P 632-3044 Telephone Number 426516• Classes "A" and "B" State Contractor's License No. and Class 30 AUG 1981 Original Date Issued 31 AUG 04 Expiration Date The work site was inspected by RJ Mal lore of our office on 31 JUL 03 2003 . The following are persons, firms, and corporations having a principal interest in this proposal: Ronald W. Mallory, President Catherine Mallory, Secretary No others. C-13 The undersigned is prepared satisfy the Council of the City of Hunt3ltgton 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. ADAMS MALLORY CONSTRUCTION CO Comp Name Signature o Bidder Ronald WL Mallow Printed or Typed Signature Subscribed and sworn to before me thisi THday of 2003 . LEXIE SHE��00 0 NOTARY PUBLIC-CALIFORNIA 2 ORANGE COUNTY 0 1 COMM,EXP.JUIY?7,2005' 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. P Name and Address of Public Agency Name and Telephone No. of Project Manager: PLEASE SEE ATTACHED. Date Completed Contract Amount Type of Work 2. PLEAS Name and Address of Public Agency Name and Telephone No. of Project Manager: PLEASE SEE ATTACHED, jute Completed Contract Amount Type of Work 3. PLEASE Name and Address of Public Agency Name and Telephone No. of Project Manager: PLEASE SEE ATTACHED. Date Completed Contract Amount Type of Work C-14 i • ;, Kt CITY OF HUNTINGTON BEACH toLj 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 23, 2003 Allied E Corp. 1290 N. Hancock Street, Suite 201 Anaheim, CA 92807 Re: CC-1176 — Murdy Park Reconfiguration Project Enclosed please find your original bid bond issued by Fidelity Deposit Company of Maryland for CC1176. e 0W'0!461;t- Connie Brockway, CHIC City Clerk CB:pe Enclosure (Telephone: 7145363227) o D Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227,Baltimore, MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Allied E Corp. as Principal,(hereinafter called the "Principal"),and Fidelity and Deposit Company of Maryland 3910 Keswick Road, Baltimore MD,21211 ,a corporation duly organized under the laws of the State of Maryland ,as Surety,(hereinafter called the"Surety"), are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,(hereinafter called the"Obligee"),in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars(S 10%""""""""""""'), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for MURDY PARK RECONFIGURATION AND RESTROOM NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4th day of August A.D., 2003 Allied • Cc rincipa( bf Witness (SEAL) Fidelity and Deposit Company of Marylapd Surety p'1 By Witness DWIGHT REILLY ,Attorney-in-Fact Printed in cooperation with the American Institute of Archit (AIA)by Fidelity and Deposit Company of Maryland Fidelity and Deposit Company of Maryland vouches aut the language in the document conforms exactly to the language used in AIA Document A-310.February 1970 Edition. BID7000OZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . ... . . .. -� ". ..tC'r.'�-t?r�.':�% �:LY.., i. .i.Z ':�i:i..'.�i�X.�.'.fii(.r{`�.:ri?.t•.C..C.'.-.4�..Ai�..,{�..{i�4`�.'.�'�.5'r.'ti'�.S'..'.4f..�i.'�" Stale of California ss. County of San Bernardino On AUGUST4, 2003 before me, CLAUDETTE N. MARTIN, NOTARY PUPLI De,. Nome W Two a DaNar(0.9..'Jw ooe.Now"Post personally appeared DWIGHT REILLY ------------------------------- Narna.i a sgn.r(., KXpersonally known to me L I proved to me on the basis of satisfactory evidence to be the personr.) whose name(t) is/Ac+4 i - subscribed to the within Instrument and C_AUDETTE N.MARTIN acknowledged to me that he/"U111119�executed S 'ggl COMM. #1345285 S the same In his1ff&A1%dlr authorized ? :fi. ri-rT aY Pusuc-cnuFORNu S L-� SANSERNARDiNOCOUNTY P capacity(SK), and That by hEs/h%8fi1F ...............41V C n' F�p M =29.2ow signature(X) on the Instrument the person(x), or .................... r the entity upon behalf of which the person(A) acted, executed the instrument. WITNESS my hand and official,seal. �aa rn m Plat.Nd.q Sad Aewe SW^ean.d Noury Pva.e CLAUDETTE N. MARTIN OPTIONAL Trough the Information below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and realfachment of this form to another documont. Description of Attached Document BID BOND Title or Type of Document: .— Document Date: AUGUST 4, 2003 Number of Pages: 1 Signer(s) Other Than Named Above: NONE — Capaclty(les) Claimed by Signer Signer's Name: DWIGHT REILLY ------------------------- ❑ Individual Ton of inurmt . ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General 99 Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND W. O 1992 Ndbnel Nd.ry AfeMatlon•90l0 h Sob Ave..V.O.Bm 2a02•Cnel...anlr,CA 91313 2402 Pba,No.S907 aee0.r;Ong To.Free 1i OM"27 Bond Number* BID Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE:3910 KESWICK ROAD,BALTIMORE,MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by Paul C. Rogers, Vice President and T. E. Smith, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company,which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate,constitute and appoint DWIGHT REILLY ,its true and lawful agent and Attomey-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: Bond or undertaking number BID , issued on behalf of Allied E Corp. as Principal in a penalty not to exceed the sum of Unlimited IS Unlimited ) and the execution of such bond or undertaking in pursuance of these presents, shall be as binding upon said company,as fully and amply,to all intents and purposes,as if it had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore,MD.,in their own proper persons. The said Assistant Secretary does hereby certify that the extract set forth on the next page hereof is a true copy of Article V1,Section 2,of the By-Laos of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 4th day of August ,A.D. 2003 . ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND i By s T. E. Smith Assistant Secretary Paul C. Rogers Vice President - State of Maryland ll County of Baltimore ( SS: On this 4th day of Aueust ,A.D.2003 ,before the subscriber,a Notary Public of the State of Maryland duly commissioned and qualified, came Paul C. Rogers,Vice President, and T.E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. c)'rND�uet�ic Carol J.Fader Notary Public My Commission Expires: August 1,2004 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2. The Chairman of the Board, or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys- in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,policies, contracts, agreements,deeds,and releases and assignments of judgements,decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto" CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Artomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTLIONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 4th day of August 2003 ,'a oririr _ a 0 L.L.Goucher Assistant Secretary ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is S_waived_ This amount is reflected in the total premium for this bond" Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terror sm. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance compae has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct eamed premium in the prior year. The federa share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance'companies to collect a terrorism surcharl from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed S 100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure, 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insura coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed 55,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bon Copyright Zurich American Insurance Company 2003 -00507= �,r� i.Vy,-t �m '7Yf3 xTty�rfif.-�tke^'n K h4�s<rt13°1i` kJ rr 1•.'+Y lk„a� ` 4� f°�'•At�bE C� �1 3.,tt+>"" �yi! '`cn,•.u. r•. fi•,�.•�,, -I `Jd•!> y4�fi ,a�',.G. 7 ''llf''>i L'�.Syr 111Y�Y.,..5 .>ci u7• l=iJ.��N�3L +1fS � 'i-..ii�!.-..�SY�tz'. ,R' v.i, y�'�t: � '� t� r � i i 5 W Allied e Corp •.�. ' ! r ( .J+.. 1290 N. Hancock St., Ste. 2, !;ur t r ! ;!: c!!, CA „ u Anaheim, CA 92807 2001 AUG 12 F% 159 ry "45t �. Fed .... �i'�,r^•+r!'7 .,5� r 7s yfl-a�j Cty It` iP f7.�.,J,r��y�.u,,3)��1 T:., 7 �'CNt �r"�v I.t,"ril•}1i �/'S.?f�•1hirv5 'S"' "'?:1'} ::i- vSaa f4 �''A'I a�Y^" ,'4r• yFs•�'. yf:4 ;, ice:.Xt �,� ,�*�T.` a „' r �j t.� '`�v ^ •c- i`rF' r.3 -`F'M-k it b '+� 5 a 1 Ky i� f r h ti .7 . ✓?. H� .. y r..r y1l y n�, i i.f .f4'li5�{�'s"'�^Kc t4r ��t��Hi�fi-c� 2' [ `; r �'7i 4 t.}' i" t " •. S'..Z,3 ' r 5 � IDENTIAL ~ 1 r 1, City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 •, "f — __ _ _--__ _ — _ — _ — _ ____ __ _ _ ___ _ _ _ _ MURDY PARK RECONFIGURATION AND RESTROOM •..� iI � I5�.5 4. � 1 2 PM 08. 12 .03 SECTION C PROPOSAL for the MURDY PARK INIPROVENIENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND NIENIBERS 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the installation within 85 working days and perform the 90-day plant establishment and one (1) year post-installation maintenance as-described herein., 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 If awarded the Contract, thAdersigned agrees that in the event Coe 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 Bid Bond in the amount of S ten percenivhich said amount is not less than 10% of the aggregate of the total bid price. as required by the -Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here. if any: Addenda No. Date Received iddt s ' rtarprt 1 8/5/03 2 8/5/03 C-2 08/05/2003 09: 44 7143741573 CHB ENG PAGE 02/11 Revision I SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 1 2.5 Site Mobilization Acres @ l iuhk (K71�UhCt SZV2h_ v' d 1 Dollars �00 v_ G> het Cents 2 2.5 Site Clearing, Grubbing & Demo It (iYe oQn d 1y Acres @��x{ en�hov�ltnd 1 h1 U' TPQSr Dollars 1 YO Ccnts 3 610 Larthwork— Unclaccified Fill C.Y. @ Dollars b 2S 3 512 P - VQ Ccnts 4 6,600 Earthwork—Unclassified Excavation/Export C.Y. @ e�Qh�ee1) Dollars { Ccnts 5 1 2" DW Meter& Connection o. 0V Each @ t10 10VSQtld �\je h01 jleG( _Dollars .Lim Zi�W Cents 6 1 Scwer Clean Out Each @ hCee V ( Se,Ver11 VQ Dollars ?>IS CIO OLtok ±UN Ccnts 7 1 2" RPPBD-DW r� Each @ \JO!N0\A(1M PV2 ff'kA Dollars p Z000 'tQ/(0 Cents 8 300 2" PVC Pipe p0 S 10C os L.F. @ nineteen Dollars — rl M Cent. 9 300 4" PVC Pipe Dollars 3�L.F. @ v Q G lq Q mu Cents L 10 I Trash Enclosure, Gate, `and curb Lump SLIM@ "\J21 'e �lSnnd �V2 i , , fe(� Dollars Z �;W I L SCE 00 CKM Cents 11 520 French Drain oe L.F. @ �YVQ�i 0 Dollars .LI �b0 _ all y Cents 12 60 PCC Longitudinal Gutter a L.F. @ -VW - Sep . Dollars 3� 1;10 Cents C-3 08/05/2003 09: 44 7143741573 CHB ENG PAGE 03/11 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRTTTEN N UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 13 25 PCC Drainage Channel . '6� - R)JY Dollars 100 —� L.F. @ L1 Lk — Cents 14 1 Parkway Culvert Lump Sum (c� O zvA �Jt �UpL�Y2� Dollars Z SUp E oJ 21 SppaLQk oO Yp Cents 15 400 Pedestrian Concrete Paving S.F. @ 7 Dollars 2s Ztspp ' h14 - �R Ccnts 16 9670 Vehicular Concrete Paving ZS S.F. @ Dollars � �0 1\35 S �12 Cents 17 470 Enriched Pedestrian Concrete Paving o S.F. @ 211 Dollars Cents 1£ 110 Fnrichcd Vehicular Concrete Paving 00 00 S.F. @ Dollars 10— ` i Epp Ck Cents 19 42,150 Asphaltic Concrete Paving � , S.F. @ I Y^yO Dollars i_o ��,S�S w Cents ` 20 12,515 Basketball Court Paving S.F. @ •?J� .n ._Dollars � � QJ'7 (QOS � Zl0 Cents 21 305 Concrete Banding L.F. @ Dollars C3 0= •2i�Ul) Cents 22 1,100 Concrete Curb 00 L.F. @ 1 2Qh Dollars �-2) 114 ' pp — wn Cents 23 5 Curb Ram W cr Each @ filee Dollars �1(b0r ISi(0 D Cents 24 415 Curb & Gutter L.F. @ Vd�11I Dollars 2��e 8 Cents 25 235 Rail (including Me Strip) o� L.F. @ Y Dollars U� iQ S 7S co Cents 26 1 Parkin Lot& C urt Striping Lump Sum @_Ke MatZ Dollars 5 Q00 . 1 S CCO Cents 27 7 Parking lot Signage a Each @ 0 �JYQ Dollars aul 6b Cents CA 08/05/2003 09: 44 714374 j CHB ENG • PAGE e4/11 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 28 1 Light Relocation & Site Electrical �ON Lump Sum @ c�1e i a Sa4(� YW� ,)% Dollars � �j= 3� ZSO m Cents 3 29 2090 Temporary Construction FenceCO L.F. @ Dollars ZSv S 2.ZS Cents 30 1 Rcstroom Doll o .N Lump Sum @,Si�iY"2kAlt��1tatSanL�SZV2h }1t111C�IQL�Dollars �5 = (off-7S-0 — I "k) Cents 31 4 Bench Each @ �J� h�ndrQc� Dollars I Spp - CpQ p 'MO Cents 2i 32 5 Trash Receptacle Each @ Y V Glced LJeh� Dollars 31S �1 �75 d VAU Cents 33 2 Volleyball Posts,Net eeve oc Sets @ wamC 0 -"tdlet �j Dollars ''ZSU 21Si 0 Ca'I U�b Cents -- 34 1 Relocated Basketball Uprights �1 Lump Sum @ Q UvSCk JQ JA(� O Dollars BYO Cents 35 8 Backboards, Net & mg Each @ Q\tl�k �� NN2'0 W Dollars o� e w Cents 36 1 Automatic Irrigation System Lump Sum @ S X 2V2R OAS_ Y .tl .(�Y ({ VDollars " %rFAH Cents 37 41,050 Soil Preparation & Weed Abatement S.F. @ �e\U Dollars .30 Cents 38 38,665 14ydrostolenized Turf S.F. @ - Dollars i 1 �r ee Cents 39 352 1 Gallon Shrub Each @ � even Dollars -o Cents 5 21&U0 ' 40 214 5 Gallon Shrub u, Each @ Wln - VQ _Dollars LUO Cents _ 41 30 24" Box Tree _ M' 00 Each @_ {our L6d' 'd Dollars Cents 42 2385 Shredded Fir Bark S.F. @_ of CO Dollars k% Cents c-s 08/05/2003 09:44 7143741573 CHB ENG PAGE 05/11 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EEX'TFNDEDNO. UANTITY WORDS 43 6 Relocated Tree �.�a,Fd Twkn1 ' o_Fach @ ie vu St A `'�� Dollars 3 12S qn e� c Cents 44 1 90 Day Plant Establishment 11 jj 6a4a� FNO �)\K)4 (Dollars Lump Sum @ G�9m �� �Zolo Cents 45 1 1 Year Post Installation Maintenance owl\a� i Dollars Lump Sum @ r \t o Cents 46 65 li" PVC, SDR 35, Fittings, & Concrete Backfill L.F. @ t��- t e Dollars �f�j ' 2 lu S Q � ) Cents /2 Drainage Channel J A 2 L.F _ Dollars A 48 260 12"Wide Concrete Ste -Off L.F. @ lyQ�n _Dollars `3 � 3 3 TO Cents 49 265 Grassy Pavers S.F. 1 ee h Dollars o° Cents \C1-- S/o3S -, QIN BASE BID Total Amount Bid in Fi ures: S 1 Total Amount Bid in Words: i �t v t ri PROJECT ALTERNATIVES: Dr 1 ail 5 The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to he responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract based on the basis of the Project Base Bid alone. Additive 38,665 Replace Line Item 38 with this item. M A­ Alternate #1 S.F. Sod Turf. CJYI P OAS @ Dollars la Cents I ' l -12 53/ °d C-6 WIST OF SUBCONTRACTOR 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 Electrical 12M3 '/AG/ttc ()ss� Ay ti6"Oyoh gf 2G) C10 " , .60"') ,. CnOIaa Concret /Grading/Paving/Masonry LLaYd toad r • yO4A (nrd AIM A4) AIS - -- -p u G. AU4 1221�, t� 'f In e 2 rTV �(061 M-A 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 ubc�ontractorssllisting. 2 ` That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-7 ANCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �A / E 14 r A D_5 D F�l , being first duly sworn, deposes and says that he or she is ?V,eg :c t of i l ,4?d e �. c- 1- ' 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, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. � llteC`t e �f�. Name of Bidder Signature of Bidde /1 l 2 `Ic% /l '. 11 wEcucl�� * 2C' Address of Bidder Subscribed and sworn to before me this rn day of 4 i 200 1 . ALSO+co7W-Ru NY COmm.E --M tiW '1 . NOTARY Pi;BLIC �- ' NOTARY SEAL C-S 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 Nfurdy Park Improvements, (n(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. -2 c / a By v0 Title Date: C-9 DISQ$kLIFICATION QUESTIONNAWE 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 �! 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-10 COMPOSATION INSURANCE CER*ICATE • 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 workers 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. jo lit e,(orto Contractors By rP Title Date: $ C•11 UARGROUND SERVICE ALE* 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 Alert at 1-8004224133 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 Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AG'EVCY upon request. C•12 The undersigned is preps to satisfy the Council of the City of Ikitington 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. Allied a Co Company NatiI, Signature of Bidder If 2 ►► A l����1 Michael Ab4hari SAL EN Printed or Typed Signature Subscribed and sworn to before me this 11 day of A;,sr 2O3, usor Corrwu Jr Corti._.:rn 1,'•lye 1Cl✓ o�•7s Co,,nry NOTARY PUBLIC �'NM" NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 City of Huntongton Beach/ Huntongtorm Beach Name and Address of Public Agency Name and Telephone No. of Project Manager: Eric C;9n,non New addition Mav .2003 Contract Amount Type of Work Daze Completed 2. whi Name and Address of Public Agency Name and Telephone No. of Project Manager: Harry OrrKIDrf 714-883-1599 2,579 000 Rpim del nf rcipjwmm ni ' triirva 8/2000 Contract Amount Type of Work Date Completed 3. Whittier School District - whittiAr CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Harry Orndorf 714-883-1599 1 ,980,000 Library r '"^• • • •ghn r Contract Amount Type of Work Date Completed C•14 SIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: AIM ei092 Bidder Name 12go N NUn(ACIF S� SAP. #201 Business Address AWNIm City, state zip ( ) . .144. 'Ill 322-1 Telephone Number 651356 A.B.C10.20 State Contractor's License No. and Class 3/91 Original Date Issued 7/31/04 Expiration Date The work site was inspected by Henry Abahari of our office on 8/10/03 . 200_ The following are persons, firms, and corporations having a principal interest in this proposal: ikP �tnhari Jaleh Tadideh Ali abahari Amir Abghari C-13 08/0`_ '2003 09: 44 7143741573 CHB ENG PAGE 01/11 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 5, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Use Revised Project Bid Schedule attached (Revised Line Item 10 to delete Transit Pipe and replace with Trash Enclosure item, Line Item 38 to read " Hydrostolenized Turf', added "including mow strip"to Line Item 25, Added Line Items 46-49 and the addition of Sod Add/Alternate) 2. Clarification. Striping and Signage by Contractor, not City Forces. 3. Please find attached, the pole base detail for the new and relocated light poles. Cost to be included in Line Item No 28. 4. Replace Stainless Steel Door Assemblies, Section 08110 with Fiberglass Reinforced Plastic Doors, Section 08220. (Attached, 5-sheets) 5. Revise Specification Section 02900, Item 3.06 to read "HYDROSTOLONIZED TURF" and Item 3.06.D. to read "Hydrostolon mixture shall be Paspalum Vaglnatum as indicated on the drawings. Applied at the rate of 218 BU./AC. 6. Add "The type of turf to be used shall be, Paspalum Viginatum, "Seashore Paspalum", or Pacific Sod (800) 942-5296 7. Sheet A-2, 14 of 30, Construction Note 7 should read "Stone Textured Concrete Column to Match Columns at Existing Community Center". Remainder of note to be deleted. 8. Existing Irrigation Controller"A" is located near Golden W t. Use 600' run for bidding. ,t Company Name y Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 WConstruction Contracts(CCs)\CCt 176\SpecsWdendum tdoc 08/05/2003 1d:49 7143741573 CHB ENC PAGE 01/01 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For MURDY PARK RECONFIGURATION! PROJECT CC- 1176 August 6, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Delete Line item 47 from the Bid Schedule as it is already wn as Line Item 13. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247 WConstruction Contracts(CCs)1CC1176\Soecs%Addendum 2.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 23, 2003 Big Ben, Inc. 3822 Campus Drive, Suite 136 Newport Beach, CA 92660 Re: CC-1176 — Mundy Park Reconfiguration Project Enclosed please find your original bid bond issued by Lincoln General Insurance Company for CC1176. Connie Brockway, CMC City Clerk CB:pe Enclosure (Telephone: 714-63"227 Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Big Ben, Inc.. as Principal, hereinafter called the Principal, and Lincoln General Insurance Comapany a corporation duly organized under the laws of the State of Pennsylvania as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars (S 10% of bid*), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Murdy Park Reconfiguration Project 9 1176. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shalt pay to the Obligee the difference not to exceed the penalri hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6th day. ofAugust, 2003. Big Ben, Inc. ^ (Principal) (Seal) (Witness) (Title) Lincoln General insurance Company _(Surety) (Seal) (Witness) KELL SAI ATTORNEY—IN—FACT ` (Title) Printed in cooperation with the American Institute of Architects (ALA)by Lincoln General Insurance Company. Lincoln General insurance Companc touches that the language in the document conforms exactly to the language used in AIA Document A310 I BID BOND• February 1970 ED ASI-001 CALIFORNIA ALL-PURPOSE ACOJWLEDGEMENT • State of California ; SS. County of San Bernardino i ; ; On AUGUST 6, 2003 before me,Janet L. Miller, Notary Public Name and Tue of officer(e.g.,*Jane Doe,Notary Public) i Personally appeared Kelly A. Saitman j Names)of Signef(s) ; ; x personally known to me ❑ proved to me on the basis of satisfactory evidence ; to be the persons) whose name(,sj"is/gpe subscribed to the 3 within instrument and acknowledged to me that p6/she/oey d executed the same in his/her/ter authorized capacity0s), d . �nrvEt L. M1UER and that by t}Mer/their signature(6) on the instrument the 4 NCorr on i 131102g persons), or the entity upon behalf of which the person(6j ; t; �cr pub9c - CDOrorryp acted, executed the instrument. W Cor��dfno County E�e7Ju2a2M5 WITNESS my hand and official seal. 3 ; ; / Signature of Notary Public ; OPTIONAL i ; Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document a ; Description of Attached Document i ; i Title or Type of Document: 3 Document Date: Number of Pages: Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer(s) ; ; Signer's Name: ; ❑ Individual ❑ Corporate Officer a Title ❑ Partner — ❑ Limited ❑ General ; Top of thumb here x Attorney-in-Fact ; ❑ Trustee Cl Guardian or Conservator 7 Other: ; ; ; Signer is Representing: � a a a ; LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESEN7S: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint Jay P. Freeman, Kelly A.Saitman,Janet L Miller its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf: as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three NUIllon Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such insawnents were signed by a duly authorized officer of the corporation, and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Lnsurance Company on the 46 day of September,2002. RESOLVEDihai the President, an Executive or Senior Vice President,or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF, ance Lincoln General Insur Company has caused its corpora to be txed, these presents to be signed by its duly authorized officers this 4th day 2n1 °fij Attest: Gary J. do Se tary hojwani,Presid t The Commonwealth of Pennsyhania = Z: 977 �0 York County 5 O••" `0 — ..' J'. Nsyol :aa\ On this 4th day of September, 2002, before rr�*'onagc—ern �\C. Bhcjwani to me known, who being duly swum, did depose and say: that he is the President of the Corpu4'6Vjpplpt!!)Zd in and which executed the above instrument that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that be executed the said instrument by like order and authority and the same was his free act and deed. vo:arial Seal TIC Commonwealth of Pennrylvania - Catherine Mane Loose,Notary - York County spnngersoury Twp„York C My Commission Expires June 1 Notary Publt 1, Gary Omdorf7 Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full, true and cored copy of Power of Attomey issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attomey is now in force. LN WITNESS WHEREOF I have h- anto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 6TH day of AUGUST tlNgrV'r��.,. '���'•QgoRAiF .n% J. d ,Secretary =-Z 1977 0_ J 0 _ YL �,,,..........,e,,,ra' f\ .,,�.`. �"(1 .. ��'•-� C.n taF;."li`�.}' }...fir; .�L tit P� 'r' A •_• (-lt. .rt� Big Ben, Inc Gn..d!onhu4rs (hf.6 •v,uid e.14n mr l :�-A >, .�-f7!-. a r �A'w�+1-»'�y. ^�3 ��T rt�` r" .y J.t�' ��'3�'.. r.+i S '`� e �>� 'a F=.'� �G �`., �n ��9� t .. .4. Jam Prgr '3t .v;�Y `�'^ ry i✓:' ,�`i374.-1..-f(�-"T -4{.S t1. �_.`�''r C:aT u1.�4�' . _tri y�,_ .0 'Yh 3822 Campus Dr. Suite 136 Newport Bench: CA 92000 _ �. • �e^ '��' t n�. � • 1 Z , 00 OECTION C PROPOSAL for the iVIURDY PARK IMPROVEMENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the installation within 85 working days and perform the 90-day plant establishment and one-(I) year post-installation maintenance as described herein., 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 govem over extended amounts, and words shall govern over figures. C-1 If awarded the Con*, the undersigned agrees that in theent 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 l Qr'f ;in the amount of 5 10 .Of B id which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's EInature f 4 � C, , Z � lS fo 3 C-z 08/04/2003 16: 78 7143741573 CHB ENG PACE 02/11 Revision 1 SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICF WRITTEN IN UNTTPRICB EXTENDED NO. QUANTITY WORDS AMOUNT 1 2.5 Site Mobilization Acres (] _Dollars // (�cl) Zit C Cents 2 2.5 Sitc Clearing, Grubbing& Demolition Acres Q Dollars Z 6, 000 Cents 3 610 Earthwork- Unclassified Fill C.Y @a Dollars 28 / 7c ed Cents 4 6,600 Earthwork - Unclassified Excavation/Export p C Y —Dollars 1 . 149- J 1 q 72- _ Cents 5 1 2" DW Meter& Connection Each @ Dollars 3 S(/D 3 Cents 6 1 Sewer Clean Out Each Dollars 3, Sm 3, S nv Cents 7 1 2" RPPBD-DW Each Ga Dollars it &1W Centr 8 300 2" PVC Pipe LF. Dollars 30 �6rU Cents 9 300 4" PVC Pipe p L.F. @ Dollars Z8 0 (E Cents 10 1 Trash Enclosure, Gate,and curb Lump Sum ® Dollars 1 0000 /0, 000 Cents i 11 520 French Drain L.F. Q Dollars s $ Zg 0/6 Cents i 12 60 PCC Longitudinal Cutter L.F. (a, Dollars Cents C-3 BB/04/2003 16:28 7143741573 O3 B ENG PAGE 03/11 Revision I ITEM ESTIMATED REM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITV WORDS AMOUNT 13 25 PCC Drainage Channel L.F @ Dollars 76zj Cents 14 1 Parkway Culvert Lump Sum (dj Dollars 3 �C/U 3S(fD Cents i 15 400 Pedestrian Concrete Paving S.F. @ Dollars 6 Z (4-M Cents 16 9670 vehicular Concrete Paving Z S.F. @ Dollars Cents / 17 470 Enriched Pedestrian Concrete Paving S.F. @ Dollars Y. n, 3 7 6O Cents i 18 Ito Enriched Vehicular Concrete Paving S F @ _Dollars 110 Cents 19 42,150 Asphaltic Concrete Paving SF @ --_ - - Dollars Cents r 20 12,515 Basketball Court Paving S.r @ 20 114Lf Ccnts t 21 305 Concrete Banding L.F. ® Dollars k 2 4 U Cents / 22 1,100 Concrete Curb L.F. @ Dollars 0 Cents r 23 5 Curb Ramp Each @ Dollars 1 ,5--4b -7 S �p Cents 24 415 Curb & Gutter LF. @ Dollars /6, (06(fU Cents r 25 235 Rail (inchlding Mow Strip) Q L.F. @ Dollars S r Cent% / 26 1 Parking Lot & Court Striping Lamp Sum Co, Dollars 2 s-O Z S Cents r 27 7 Parking Lot Signage _ _ Each (a Dollars , 3 S N Cents C4 08/04/2003 16:28 7143741573 CHB ENG PAGE 04/11 Revision I ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 28 1 Light Relocation & Site Electrical Lump Sum (q� Dollars ( 660 C' 60600 Cents / 29 2090 Temporary Construction Fence LF. _Dollars Z 24 0 Cents / 30 1 Restroam LLmp Sum C Dollars / oo 000 /00, O(V Cents i 31 4 Bench Each Dollars O(Do Cents 32 5 Trash Receptacle Erich ® Dollars y CV Z CVT Cents 33 2 Volleyball Posts, Net & Sleeve Seta ® Dollars /6 OD Cents 34 1 Relocated Basketball Upn8hts Lump Sum © Dollars of Cents 35 8 Backboards. Net & Ring Each Q __Dollars / ry Cents 36 1 Automatic Irrigation System Lump Stun ® Dollars .,,,n 600,60 Cents i 37 41.050 Soil Preparation & Weed Abatement S.F C Dollars 0- 3v / 2 Cents 38 38,665 Flydromolenized Turf S F Dollars /✓ S O z(� Cents / 39 352 1 Gallon Shrub Each (a) Dollars 7 z CI 6 4 Cents 40 214 5 Gallon Shrub Each @ — Dollars (o ,S-p 3 S3 1 _ Cents 41 30 24" Box Tree Each (a3 Dollars 3 3 10 S'Q Cents / 42 2385 Shredded Fir Bark S.F @ Dollarsroot Cents C.s 08/04/2003 16: 28 7143741573 CHB ENG PAGE 05/11 • • Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO, QUANTITY WORDS AMOUNT 43 6 Relocated Tree Each (a} Dollars 1-f 6 7U Z &0 2.0 Cents / 44 1 90 Day Plant EstabhFhment Lump Stun Dollars 7 o o U 7 p 6o Cents 45 1 1 Year Post Installation Maintenance Lump Sum @ _ Dollars Yy �v 4+ 000 Cents `I 46 65 6"PVC, SDR 35, Fittings, & Concrete Backfill L F. @ Dollars 46 12-9 ':�YU Cents r 25 Drainage Channel L.F. @ Dollars 7 s � Cents 48 260 12" Wide Concrete Step-Off LF @ Dollars //,.�0 Cents 49 265 Grassy Pavers S.F. Dollars 1 I, .w 2S— Cents IC10, 381 dT BASE BID Total Amount Bid in Figures: S qjO3 7- ev Total Amount Bid in Words: Orr "eii re— <, • l PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identifiedilisled below. The City shall award the contract based on the basis of the Project Base Bid alone. Additive 38,665 Rcplacc Line Itcm 38 with this item. Alternate dl 5.F. Sod Turf. Dollars N 38 6 6Sr„ @ Cents C-6 OT 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 .Vane and.address of Subcontractor State License Class of Work Number C sv �G.tCe S �Y Or 8iZ3Lt � � Z3 AJ �! A.oS� ff �J<z� I ✓ 5'8 z�� 3 G z 7 ecru! � na � ,`7 �,tial AJJA LL_ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds fumished by subcontractor for this project. C-7 WONCOLLUSION AFFIDAV* TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange T S. 1' Sykaa�A x being first duly sworn, deposes and says that he or she is P.-e S'd. f of 3 k" 15 E N , r t kc- 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 fir 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. i�tcsbFN , 1NC Name of Bidder Signature of Bidder Address of Bidder 4 e Subscribed and sworn to before me this /2,—day of , 2003— . MOON SOOK KIM _ �y Ca Mbllon♦ 1412363 '�_ Notory Public .Co1il0MI0 vt Oronge County - My Comm.Expires Apr 20,2007 NOTARY PUBLIC ��1 NOTARYSEAL C4 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 Murdy Park Improvements, (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. Contractor By Title C-9 DISWALMCATION QUESTIONAIRE 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 21 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-10 COMPEP&TION INSURANCE CERTIOATE 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. Contractor By Title Date: l'-1 I ADERGROUND SERVICE ALOT 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 Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: bid & Con—tractor By Title Date: 1z o 3 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-12 i •IDDER'S INFORMATION • BIDDER certifies that the following information is true and correct: t!) } tCa c—N , TNc . Bidder Name Z Z Business Address City, State Zip Telephone Number � 7 44 4L+ � � - State Contractor's License No. and Class Original Date Issued ZLX�Zt Expiration Date The work site was inspected by Q-e,, S�-a- of our office on 8/ 4 . 2003 The following are persons, firms, and corporations having a principal interest in this proposal: C-13 The undersigned is prep9d to satisfy the Council of the City of*ntington 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. G, E ov, Company Name Signature of Bidder Printed or Typed Signature SubVIM! day of ktlk�.�. 2�00.�3. nrnYYon 11412363 uy Abc •Cabrna r_ , ,UVK KIM Ownge coLA* Cu ,msvun 114123 63 mw/p 7 vuowc•CdMaMo NOTARY PUBLI z` nmm ExphaMpr2Q 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: 0 1 Name and Address of Public Agency -TV V/NE Name and Telephone No. of Project Manager: + -f 3 S0 00G, 60 Rom, e�� Fe b, zm 3 Contract Amount Type of Work Date Completed 2. Name and'Address of Public Agency Name and Telephone No. of Project Manager: �"'�J1�/ Oily) 5-7T3 3-L 12, , z000 Contract Amount Type of Work Date Completed 3. 17pnh- -1, 4" .. T �xs u.c'--J Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-14 08/04/2003 16:28 7143741573 CHB ENG PAGE 01/11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 5,2003 Notice To All Bidders* Please note the following revision to the Project Plans,Specifications, and Technical Provisions: 1. Use Revised Project Bid Schedule attached(Revised Line ftem 10 to delete Transit Pipe and replace with Trash Enclosure Item, Line Item 38 to read' Hydrostolsnized Turr,added'induding mow strip"to Line Item 25,Added Line Items 4649 and the addition of Sox!Add/Alternale) 2. Clarification. Striping and Slgnage by Contractor,not City Forces. 3. Please find attached.the pole base detail for the new and relocated light poles. Cost to be Included in Line Item No 28. 4. Replace Stainless Steel Door Assemblies,Section 08110 with Fiberglass Reinforced Plastic Doors. Section 08220. (Attached;5-sheets) 5. Revise SpedBcation Section 02900, Item 3.06 to read'HYDROSTOLONIZED TURF'and Item 3.06.D. to read"Hydrostdon mixture shell be Paspalum Vaghnaturn ea frniica(ed on the drawings. Applied at the rate of 218 BUJAC. 6. Add-rne type of turf to be used shah be,(Pas 'p�limj _ 'PasViM, e umFr Pacific Sol(800)942-5296 7. Sheet A-2, 14 of 30,Construction Note 7 should read'Stone Textoaed Concrete Column to Match Cohrrnns at Existing Commurhity Center. Remainder of note to be deleted. 8. Fxhstmg tMgason Controller'A"is located near Golden West St. Use 60(y nm forbidding. Conmwy NenV By Date I& All bidders must adrnovledge ft receipt of Oft Addendhan vdth your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714)5365247 WConetruction Cann(CC9)1CCI l7V-%woAAddendan 1.doc CFB ENG PAGE 01/01 City of Huntington Beach Public Works Departrnent 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER TWO For MURDY PARK RECONFlGURATION PROJECT CC- 1176 August6,2003 Notice To AD Bidders: Please note the following revision to the Project Plans, SPec ations, and Technical Provisions: 1. Delete Line item 47 from the BW Schadule as it is ebvady shown as Una Item 13. 1 R C � (vim Company Name 6y 8 1Z 0 3 Data AD bidders must acknoMedpe the receq%of this A.ddere VAh your bo proposal. Should you have any questions regardirlg this Addendum, please call Todd Broussard at(714)536-6247 G'>Cmwhotbn Contracts(CCs)1CC117815Prr V&W dum 2.doc ji le CITY OF HUNTINGTON BEACH LOIJ 2000 MAIN STREET CALIFORNIA92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 23, 2003 D & M Construction, Inc. 6520 Platt Avenue, PNIB #551 West Hills, CA 91307 Re: CC-1176 — Murdy Park Reconfiguration Project Enclosed please find your original bid bond issued by Fidelity Deposit Company of Maryland for CC1176. Connie Brockway, Civl( City Clerk CB:pe Enclosure (Telephone! 714-536i227) BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A310 KNOW ALL BY THESE PRESENTS, That we, D & M CONSTRUCTION INC. as Principal, hereinafter called the Principal, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND of 225 SOUTH LAKE AVENUE, SUITE 700, PASADENA, CA 91101 a corporation duly organized under the laws of the State of MARYLAND as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Oblieee, in the sum of TEN PERCENT OF TOTAL AMOUNT BID - - - -- - - -- - - - - --- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - Dollars(S 10% of Bid Amount ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CITY OF HUNTINGTON BEACH NEW RESTROOM PARK BUILDING 1000188436-07 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this STH day of Au u 2003 D & M CON RU TI f}l, Ip1� (Seal) ( Principal Witness {l Title FIDELITY AND DEPOSIT COMPANY OF MARYLAN Witness { By UGENE . ZONDLO Attorney-in-Fact S-00541GEEF 12100 ZURICH THIS IMPORTANT.DISCLOSURE NOTICE IS PART OF YOUR BOND Fideliy and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures Lt.compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your par'.. Disclosure of Terrorism Premium The premium charge for risk of lass resulting from acts of terrorism(as defined in the Act) under this bond is S_waived_ This amount is reflected in the total premium for this bond. Disclosure of Availabilitv of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resultin.;, from acts of terrorism(as deli ed in the Act) with terms, amounts, and limitations that do not differ materially as thoso for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act) eer a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1%of direct eamed premium in the prior year; for 2003,7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United Stares government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge fiom policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed S 100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human Iife, property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air camier (as defined in section 40102 of title 49, United 17 States Code)or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as pan of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate,do not exceed S5,000,000. These disclosures are informational only and do not modify yot r bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH,Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s 5'r t nate, constitute and appoint Eugene T.ZONDLO, of Irvine,California, its true and lawfu r - o make, execute, seal and deliver, for, and on its behalf as surety,and as its act and I o t�ti to ngs and the execution of such bonds or undertakings in pursuance of these o as d ompany, as fully and amply, to all intents and purposes, as if they had 11�e,q � n y e regularly elected officers of the Company at its office in BaltimQry,7 h owtt.yxpp�re s. rs power of attorney revokes that issued on behalf of Philip E. Vega, date tgJJ IU"`dy1''1�"� The said Assistant c t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- any,and is now in force. N WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of March, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�C OLPOf' c o 1 By: T E. Smith Assistant Secretary M. P. Hammond Vice President State of Maryland City of Baltimore ss: I On this 13th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. rronwt Sandra Lynn Moone} Notary Public My Commission Expires: January I, 2004 POA-F 012-6073 .CALIFORNIA ALL-PURPOSOCKNOWLEDGMENT • No.8907 State of California County of Orange On August 8, 2003 before me, Rosa E. Rivas, Notary Public DATE NAME,TITLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBUC- personally appeared "••••••••""'EugeneT. Zondlo"""••'•••""•••"'•'••'• '•• NAME(S)OF SIGNER(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 Gapacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ROSA E. RIVAS COMMISSION#1233179 = Notary Public-Califomia z ORANGE COUNTY o WITNESS my hand and official seal. My Commission Expiros AUGUST 27,2003 SIGNATURE OF NOTARY OPTIONAL 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) B LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184-Canoga Park.CA 91309-7181 yp 2— �F�GQ`�'''�Th(Z—J'GT7�1�`�lldhlG`" i7' '"rr'T6 rYa + fyy � -� .'� r-•� -rh�,�i w �i,+n r.e;J»••:'4 r' .i e }'� ..tl.Cf`M1!�'k•'•S , *ir•' ):i J - ,t G n r1.e' r r:' � -�'`� yL J 1.vr'.a Y ?'- i 77 � s(r r � •+;.: �'"�.� 2 Et �t }a..� yt � 'fit L'�i-• Xk H r v#.. .�} a ry7, t� �ly. .f r�rrl�"r.: �• ,n w.'t"r_..�'��6�.'„3•+'�,�t�T.�fpff7f''G-�'��-�'"v r 4 y R�, `�k� �t` =H 71�•"ar ,>L� ,��^N rt ��.'za� .T'-��' .n.�l I '1}.(1 t5�r tt ..�-. ..�J�Z�0 Pfr A-r� �,E*M-!�•� Gr�. ?P}t"'1:��'y rJ tJ���'F'i-w+-r '�f„.4 ci• l$ +'9�.:.''-r�l ,.v,k./' - ai��\ r. ,^� { :3r- M+ ,v ' :.:,'h F�-t� ;y.,�>t,iiti _.�'��i 1�;'�'•�.^ ZY . = -} ��r -ti 514. � K.I,�M1r�%�.lti1T `a..t��.�s*Kr. M1'�F�•:. '�rD - . 4 ti'n }r .i.<. rYn:it y.n r.t � ,� ...�:.a . t ; • A �!y , M1 .. • I 'fit 1fp.)ftlM1`f Y..•'r ^'`i ,�tr•/a r r',. a,slwta rIY• , 1. K ` -..�ti .J ' MW r ✓rlr .tNra:a�r 1�rp A4 /. �Sii {�yy C, - � :. / .. . r �.y�7.p,Fia`f � ,, t0 r,rr t•,,'••i c +.��' Y � :. 'i _ r ark,^t` b+r"'}�`',�,.'r�� •`�••{`- d .�� I "T. � . .G ��Pi� Gar F1GG i..S'D i �r�1 �,•, ��t-tf..�.. r��}'Eia °1iJ� �ya yc�VtM.,Zt ,f. �a ii:..l.ly. t >� � ', r l �/^.ysr , . .-1 1 T. / Itlt'TY ♦Y.s.,4-�\ yf�4�'Y �M1� lL"' Y�� J �C r4lSa 1`it Y '. �.���M1(,M1 t�—'\���11\�-1 �`>�\ .gyp .• ; �j. /y�� r tV fa'� ,rtf`!r7'5 ,4 i y . '1{.,i ^,t', r 5 y/ r n�•.\ d3 _ C- f.'.'� e., j- Z(� Lq r t ,� �r{�.T i� �r f.-.vlll',,,r:. '�>,�V r •,� ; �r i. r a t ' i / ' - , y r .{ ,1+� hZ T•r. i =fir w,,b�A J 1lu iK jJ M1 rr M1� Y \r L r .r}. - • k'i 1 'I� Y�.`V: L��yti cY ahS�r -s�� ����1.. SST >t,<f 1.''S' s �. •HM1} ♦ �> I - .. i..`:..fib -..Y'`�� n< •fa. r x„aY, . , '.;-Y'' its " v.r>✓ yr '^,Jar'jit�/ r .e �, 1 - / `' ' 4 ate✓ �i �,:� ]{,K ly '� '`` , .. .. i i ;iy.'C���•�}�'�flA{jl�Yjr}�'w.ayG(����`j •y ;l ty"J:..e � ri r 1 .'� , , f: . �y/LHflr��r+'K ��„' �r�•v�1���-f'1�yyS•3,v t5��2 P\. ,� .) , +J�-rG �+ ; M1i i �<..r. ,. .�1: . - .. r, City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE Fir MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 5, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1 Use Revised Project Bid Schedule attached (Revised Line Item 10 to delete Transit Pipe and replace with Trash Enclosure item, Line Item 38 to read " Hydrostolenized Turf', added "including mow strip"to Line Item 25, Added Line Items 46-49 and the addition of Sod Add/Altemate) 2. Clarification. Striping and Signage by Contractor, not City Forces. 3 Please find attached. the pole base detail for the new and relocated light poles. Cost to be included in Line Item No 28. 4. Replace Stainless Steel Door Assemblies, Section 08110 with Fiberglass Reinforced Plastic Doors, Section 08220. (Attached, 5-sheets) 5, Revise Specification Section 02900. Item 3.06 to read "HYDROSTOLONIZED TURF" and Item 3.06.D. to read "Hydrostolon mixture shall be Paspalum Vaginatum as indicated on the drawings. Applied at the rate of 218 BUJAC. 6. Add "The type of turf to be used shall be, Paspalum Viginatum. "Seashore Paspalum", or Pacific Sod (800) 942-5296 7. Sheet A-2. 14 of 30, Construction Note 7 should read "Stone Textured Concrete Column to Match Columns at Existing Community Center'. Remainder of note to be deleted. 8. Existing Irrigation Controller"A" is located near Golden West SOUse 600 run for bidding. 22JJ�A - — //mpany Name // //4— By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 G .Construction Contracts(CCs)\CC1176SpecsAddencum 1 coc SECTION C PROPOSAL for the MURDY PARK IMPROVEMENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the installation within 85 working days and perform the 90-day plant establishment and one (1) year post-installation maintenance as described herein., 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. .L C•1 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 'O to the amount of S . which said amount is not less than 10% of the agregaiteof the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all addenda here, if any: Addenda No. Date ecei ed Ir B 's Si nature t G2 ReilSIQIR • SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 1 2.5 Site Mobilization Acres @ r, r Dollars (p� ooc� ;�5, ovp Cents 2 2.5 Site Clearing,Grubbing& Demolition Acres @ Dollars Ia, noa 4 - vob Cents ' 3 610 Earthwork- Unclassified Fill C.Y. @ to Co Cents 4 6,600 Earthwork - Unclassified Excavation/Export C.Y. @ -+e •,+vim ,y y.. meea Dollars l 0 39i (coo Cents 5 1 2"DW Meter& Connection Each @ 7 cUrc u o- yer cDollars I v C� o�, 't e)c:U Cents 6 1 Sewer Clean Out Each @ T z ✓� N�,aoe .v Dollars 1 ) 2 ­,6, Cents 7 1 2"RPP13D-DW Each @ A H v Dollars �vQ Cents 8 300 2" PVC Pipe L.F. Dollars g lf3c� o Cents 9 300 4" PVC Pipe L.F. Dollars oUo tiob Cents 10 1 Trash Enclosure, Gate,and curb Lump Sum @ —c'czµT aA Dollars Cents 11 520 French Drain L.F. @F Dollars Cents 12 60 PCC Longitudinal Gutter L.F. @ <— Dollars 3 1 Ca vC� Cents C-3 Re n ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 13 25 PCC Drainage Channel L.F. @ Dollars 3Q 7 pQ Cents 14 1 Parkway Culvert Lump Sum Dollars 3 coati 3, LoUC> Cents 15 400 Pedestrian Concrete Paving S.F. Dollars 6-1- Cents 16 9670 Vehicular Concrete Paving TMe r,,_,�ep S.F. @ Dollars -7 7, 3 U Cents 17 470 Enriched Pedestrian Concrete Paving S.F. @ c "p .+TMr v.+'P�ovr o T. z aT�/Dollars C- 2 Q Cents 18 110 Enriched Vehicular Concrete Paving S.F. -/ DOIIarS G 1�3 2�Q Cents O 19 42,150 Asphaltic Concrete Pavia EI ar H -/- FUG.» UJ��or-10 S.F. @ .�+¢t c ., ��e o Dollars Cents 20 12,515 Basketball Court Paving S.F. = ,. ,o¢ao rs Dollars 7 g 7� Cents 21 305 Concrete Banding LF. @ c Dollars D v Cents 22 1,100 Concrete Curb L.F. @ F ,v� �+ »�fff -w*� Dollars Cents 23 5 Curb Ramp Each @ -ram A Dollars i v, ova Cents 24 415 Curb & Gutter L.F. @ ��� o G , fT-� Dollars 3b 12, ti so Cents 25 235 Rail (includin Mow Strip) -I- t Uf_av,-1P _ L.F. @ `o,x�HJ.�eL� cICT / Dollars 71!:> t4 Lf1jb Cents 26 1 Parking Lot& Court Striping Lump Sum @ Dollars C . , cxc- Co , oov Cents 27 7 Parking Lot Signage Each Dollars gQo a i , Uv o Cents C4 At ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 28 1 Light Relocation & Site Electrical TH �QT�/-Fil Lump Sum @ �,�c u .tea co Dollars 3e, -5c�p 3125, 500 Cents 29 2090 Temporary Construction Fence ® ' T y L.F. T.+¢cc r+ .+azco � Dollars Cents 30 1 Restroom O.at ru+�¢zD '>`x� —/ F,Jc' ,HU✓�.-,D LUMP Sum Dollars Cents 31 4 Bench Each Dollars COUO 1 Cents 32 5 Trash Receptacle Each Dollars Sp0 2— , 5c-)0 Cents 33 2 Volleyball Posts, Net& Sleeve Sets @ 1 , 2c_�v a ti U O , Cents 34 1 Relocated Basketball Uprights Lump Sum @r, "-gxn� ,o o arm Dollars 19 �X� I £3>poo Cents 35 8 Backboards, Net& Ring Each Dollars 1 , 2 Uv , Cob v Cents 36 1 Automatic Irrigation System Lump Sum T,.+c� Dollars Cents 37 41,050 Soil Preparation & Weed Abatement S.F. G(�a�LT 7/ Dollars G C > 2 {U Cents , 38 38,665 Hydrostolenized Turf z,. „" ,.�zo S.F. @ Dollars Cents ' 39 352 1 Gallon Shrub Each @ c� �T y U`sue ' Dollars Cents 40 214 5 Gallon Shrub �raJ?t�Jtr Tl-,U U7Ar>f� Each Dollars G 12, C�yU Cents 41 30 24" Box Tree Each Dollars LqC 1 Cents 42 2385 Shredded Fir Bark C c. .�L- TNCJ�faA...1D S.F. @ ..�Ja J ..+�,...aD¢cuD �SZJZr1T-i DOIIan Cents C-5 zi ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 43 6 Relocated Tree Each Dollars Cents 44 1 90 Day Plant Establishment Lump Stun Q FU,�e— Dollars H , vod y vop Cents 45 1 1 Year Post Installation Maintenance TM "Y x Dollars Lump Sum Q _ r,.� _� r, ocvv Co CDC_3eU Cents 46 ■65 6" PVC, SDR 35, Fittings, & Concrete Bac}�kfillY L.F. T v.aT / 6 J .1 J¢G 1� Dollars yU � , coUU Cents 47 25 Drainage Channel L.F. Dollars 3 � 75CU Cents 48 260 12"Wide Concrete Step-Off L.F. i+". WtDollars 3 n 7, ce, UU Cents 49 265 Grass+ Pavers ¢g�TMp��c�.+ 0 li.Ar S.F. Dollars L 3 1 Cents BASE BID Total Amount Bid in Figures: S i 3 Total Amount Bid in Words: z: e_- a- -�+azr PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract based on the basis of the Project Base Bid alone. Additive 38,665 Replace Line Item 38 with this item. Alternate#1 S.F. Sod Turf. . 5-21 G£A;' .5 -r Cents C-6 OST OF SUBCONTRACTOR-0 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 � . �. e•rla-.�I 39 WI�I H,CE e wa. • ,I-, 4 15 C. 3� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be fumished copies of all subcontracts entered into and bonds fumished by subcontractor for this project. C•7 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 4 State of California ss. County of Orate 10 s ' IP being first duly sworn, deposes and says that he or she is 4 of the party making the foregoing bid that the bid is not made irrAi 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, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. yature'of er �S 71�'C4 '—Z—/ Address of Bidder ql f"7 Subscribed and swom to before me this AZE day of 200—1. rNOTARY LIE G.MNKEL PUBLIC-CALIFORNIA ISSION♦1265233 NGELES COUNTY . Exp.June 19,2004 ------------ NOTARY PUBLIC NOTARY SEAL GS 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 Murdy Park Improvements, (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 '_700, 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. Co actor By Title Date: cD C-9 • • 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 �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•10 COMASATION INSURANCE CERACATE 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. Contras By Title Date: d r C•tt 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 Alert at 1-800422.4133 a minimum of two working days before scheduled excavation. Dig Alert Identification .Number: (aU GCIS- W4VI22 62E i i Cotilracj r GI B Title Date: U Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. 1 C-12 BIDDER'S INFORMATION* BIDDER certifies that the following information is true and correct: Bidder Name (sue Business Address c-Af-�-- C , State Zip c�ltS ?�' S Telephone Number '-3�q3 �4�-- 4-,13, State Contractor's License No. and Class �157 q'V Original Date sued Expiration Date The work site was inspected by �/a0, efour office on —� 200p� The following are persons, firms, and corporations having a principal interest in this proposal: w C-13 • • ' . 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. fik Company SaAe N Signature(of Bidder Printed or Typed Signature Subscribed and sworn to before me this �2day of ElLE SLIE G.FfUNKEL NOTARY RUBLJC-CAIJFORNI� COMMISSION 1265233 �' LOS ANGELES COUNT/ MY Comm.E.D.A+^i,19,2W4 NOTARY PUBLIC — NOTARYSEAL 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. SicIC d�tvt{- GAT Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-14 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 23, 2003 Ecology Construction, Inc. 22019 Vanowen Street, Suite F Canoga Park, CA 91303 Re: CC-1176 — Murdy Park Reconfiguration Project Enclosed please find your original bid bond issued by St. Paul Fire and Marine Insurance for CC1176. dZ� 04e�y- Connie Brockway, C(.IC City Clerk CB:pe Enclosure (Telephone: 714 5363227) ( �w�� St.Paul Fire and ylarine Insurance Company Tf10 •7l pa S[lfel St.Paul Guardian Insurance Company Y St.Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guarbnty Insurance Underwriters,Inc. Fidelity and Guaranty Insurance Company Principal OfHcdt: 335 Washington Street St.Paul,Minnesota 55102 Seaboard Surety Company' Principal Office: 5501 Smith Avenue BID BOND Bahimora,Maryland 21209 KNO\V ALI,NJ EN BY T1117SE PRESENTS,that ECOLOGY CONSTRUCTION, INC. of 22019 VANOWEN STREET SUITE F, CANOGA PARK, CA 91303 as Principal, andST. PAUL FIRE ANT MARINE INSURANCE,. MINNESOTA corporation,as Surety,are held and firmly CDr bound unto CITY OF HUNTINGTON BEACH as Obligee, in the full andjust suns of TEN PERCENT OF THE AMOUNT OF THE BID Dollars,lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the said Principal is herewith submitting its proposal FOR MURDY PARK IMPROVEMENTS > CONTRACT NO. 1176 THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the farmer, but in no event shall liability hereunder exceed the penal sum hereof. Signed,sealed and delivered 6th ,day of AUGUST 12003 E OGY CONSTRU TION, INC. al) (Sea!, Surety.Company: ST. PAUL FIRE AND MARINE INSURANCE CO r SHAWN BLUME Aaomey-in-Fact P5274 Rev.9-2000 Printed in U.S.A STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDEnr On >� �� J 1J�3 before me, R. STANDLEY PERSONALLY APPEARED SHAWN BLIME personally known to me (a. pfe eci ie ine EM .• . ai - to be the person*N%hose names} is/armsubscribed to the within unstrument and acknowl- edged to me that he%ha/ukw executed the same in his/ authorized capacity{i­r,�, and that by his/+rrr' thair, the instrument the person(i}or the entity upon behalf of which the person(4acted, executed / R. STANDLEY Y COMm #1263272 the instrument. m,*" MOT/.RV PUBLIC CALIFORNIA l RIVERSIDE COuMTY WITNESS my hand and official seal. \_ W Comm.E ph sw^�T,mD� Signature Thisa. tfor OTiciol Notnriol Sral OPTIONAL 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: f ,IE Of PERSONISI OR E.NTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGENIENT TheStFb� Consider It done March 17, 2003 IMPORTANT NOTICE TO ST.PAUL SURETY AGENTS OR BROKERS — NOTIFICATION REQUIREMENTS UNDER THE TERRORISM RISK INSURANCE ACT OF 2002 Dear St. Paul Agent or Broker: This letter is to follow up on previous correspondence regarding the Terrorism Risk Insurance Act of 2002 (the"Act"). As you are aware, the Act is federal legislation that guarantees the federal government's financial backing of insurance companies in the event of a foreign act of terrorism. The St. Paul previously sent notice to all agents and brokers explaining the need to provide proper notification to policyholders (bonded principals)under the Act. The St. Paul has been continually reviewing its procedures in light of further strategic developments and market conditions relating to implementation of the Act. As a result, the contents of The St. Paul disclosure rider form that is required to be attached to All bonds has been modified.The St. Paul will no longer require the signature of an attorney-in-fact on the rider.No other changes or modifications have been made to any other form(or any procedure)discussed in previous correspondence or appearing on the Surety page of The St. Paul Web site. As indicated previously, all bid,final, and other contract surety bonds, all new commercial bonds, and all continuation certificates must have the revised rider attached,entitled "RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE,"which will indicate the percentage of federal participation and the premium being charged for the terrorism coverage. A copy of the revised rider is attached to this letter.The revised rider will also be available on our Web site.The revised rider must be numbered (for bid bonds indicate "Bid"), and the AIA312 bond should reference the rider indicating that the rider is a modification to the bond. The original St. Paul rider(requiring execution)remains acceptable for use, and you do not need to alter any bonds previously issued with the rider. However, for ease of administration,you can begin to use the revised rider immediately. In addition, we encourage all agents and brokers to discuss this rider with obligees and explain the requirements of the Act prior to submitting any bond, particularly bid bonds. If there are any questions, please refer to The St. Paul Web site (the Surety page appears under Products &Services or you can go directly to www.stpaul.com/www-surety/index.aso). Questions may be e-mailed to: sur-terrorism@stpaul.com. Please note that these procedures may be modified or changed in the future.Please review our Web site periodically for further updates. We greatly appreciate your cooperation. Sincerely, Fred Gurba Senior Vice President St. Paul Surety Enclosures: Revised rider me&Pdul POWER 0FATTORNEI' ��1 Seaboard Surey Company United States Fidelitc and Guaranty Company St.Paul Fire and Marine Insurance Compann Fidelity and Guarann'Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters.Inc. St.Paul Mercury Insurance Company Passer of Attorney No. 21505 Certificate No. 1540674 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York.and that St. Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company and St. Paul Mercury Insurance Company art corporations duly organized under the laws of the State of Minnesota.and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa.and that Fidelity and Guaranty Insurance Undery riters, Inc. is a corporation duly organized under the laws of the Slate of Wisconsin (herein collecinelr called the "Companies'). and that the Companies-do hereby make, constitute and appoint Michael D. Stong, Shawn Blume,Susan C.Monteon and Rosemary Standley Riverside California of the City of .State ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the Fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 14" day of October 2002 Seaboard Surety'Company United States Fidelity and Guaranty Company' St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company' St.Paul Guardian Insurance Company Fidelity'and Guaranty Insurance Underwriters,Inc. St.Paul NlLrcur'Insurance Company rA •_'+ : SIAL'e .ram b�1927 �e \ ® 19F/ g 1�r1 PETER W.CARMAN,\'ice PresiJent 3t 58rtL ';88AL a 89a 6 1 p n State of Maryland / City of Baltimore THOMAS E.IIUIBREGTSE.Assistant Secmun' m On this 14 day of October 2002 , before me.the undersigned officer. personally appeared Peter W: Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company.Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters, Inc.:and that the seals affixed to the foregoing instrument are the corporate seals of said Companies:and that they. as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. �)����� Q, ,}- .`-'• ¢0 ryOT a In 14'itness Whereof,I hereunto se[my hand and official scat i My Commission expires the Ist day of July,2006. °Arun yo REBECGx EASLEI'-USORALA,Noun Public 86203 Rev. 7.2002 Printed in U.S.A. ••--r•y"r<,r-?a!.Ir Yy O.,s r''Uai?M:,..�y.g.;v•�j—fyi�•r;{{. /YG.ci G,.�T♦•-�r!d:'r kdr,.-r'�.': /►C''�" ...•; .`'�`',�>.�s.;.r�, ,r'�".f7•o-.y,'��'t�;�a ,,.1.af.�! -�rI^,�„.s'3�F-'s�utom�a.-:�ate¢..l;', •�;„;�7::.�`�t''.•+}�Tr', ;,�rf..''{,�z,.r:�tr'.'^",mYr• .'4}Y>�'yitf��'x6`]��.T`:..:Fx}`cz'""•'F`�yJr`l+k�-y>^�-V0.'L-'=.r.. 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SECTION C PROPOSAL for the NNRDY PARK INIPROVEMENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the installation within 85 working days and perform the 90-day plant establishment and one (1) year post-installation maintenance as described herein., 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 govem over extended amounts, and words shall govern over figures. C•1 If awarded the Contract, •undersigned agrees that in the ever' 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. to i Accompanying this proposal of bid, find nit e amount of S which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder' i nature One 8- 1-1- .2 0 J —Z-.o d -5- a0o3 i C-z 08/04/2003 16:25 7143741573 CHB ENG PAGE 02/11 Revision 1 SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 1 2.5 Site Mob] on Acres @ 2 A Dollars Cents 2 2.5 Site Clearing, Grubbing& Demolition Acres @ °S"y Dollars �}) ODD )(J) GCZs 3 610 Earthwork- Unclat.ried Fill C.Y. (ds - "CV< Dollars Cents 4 6,600 Earthwork- Unclassified Excavation/Export C.Y. @ M % N-k.. Dollars C Z"o Cents l , 6 0 5 9) 4 0t oC 5 1 2"DW Meter di Connect.on Each @ �a( >~y �.v< V - rdre) Dollars {Sly. UU LK 00 Z�Q_A U Cents 6 1 Sewer Clean Out Each @ -- E:' � _Dollars �QT �L� Z�� Cents 11JJ t> 7 1 2" RPPBD-DW Each a - L�>�t�w,.,ag i�� a �) S: Dollars Cents R 300 2" PVC Pipe L.F. @ :V14 Dollars Z.C-u Cents S . U U 11500. 00 9 300 4" PVC Pipe L.F. @ Dollars Z Cents 0 0 Q ob. ob 10 1 Trash Enclosure, Gate, end curb Lump Sum @ F tea,+ A\ vvi+.�1 Dollars 1 c� G60 .oU Zs+'o Cents r' 1 obo 00 11 520 FrenchDra ° S �� Dollars �p S .0b �v Cents 12 60 PCC longitudinal Gutter L.F. @ Dollars 1 S . OU 0100 10 0 . �v �-� Cents C-3 08/04/2003 16:25 7143741573 CHB ENG PAGE 03/11 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN 1N UNIT PRICE EXTENDED NO. UANTITY WORDS AMOUNT 13 25 PCC Drainage Channel L.F. @ -Tw. , v , Dollars o25 aU �; �S. 0b Cents 14 1 Parkway Culvert Lump Sum @ 2,�,�Z j Dollars Cents PI 400 Pedestrian Concrete Paving S.F. @ jzv.,, Dollars ({ 06 �n P10 •�O 7. 0 Cents 9670 Vehicular Concrete Paving S.F. @ Dollars (,, .SO (, Z, � S3. to Cents% 17 470 Enriched PcdcstAn Concrete Paving S.F. @ Dollars . Eli 3 Z�10 O1J 7¢,r Cents 18 110 Enriched Vehicular Concrete Paving S.F. @ Dollars i Cents . OU 1 00 00 19 42,150 Asphaltic Concrete Paving S.F. @ Dollars "2 00 00 oD Cents h`I, 3 20 12,515 Basketball Court Paving S.F. @ k Dollars / ZuL GO r?S,OgO.o� Cents 21 305 Concrete Banding L.F. @ fin Dollars Q . 0 3G�- t?>) Cents L 22 1,100 Concrete Curb L.F. @ .f y, ,A;, Dollars Zest Cents S b, li . tiU 23 5 Curb Ramp Each @ Dollars 3�S 0 0-b Cents L t-S 24 415 Curb & Gutter L..F. @ v a Dollars � C"a Centsj( GO g `�1S • Q0 25 235 Rail (including Mow Strip) L.F. @ ¢ e rc. Dollars Cents � l ��. 035 26 1 Park' g Lot& Court Striping Lump Sum @ �t� +w.•.a.�,.. L,,,.ar4 Dollars Centc 27 7 Parking Lot Signagc Each @ _O5 t �-.,.4jg2 ty Dollars t&v `T-Cents C-4 08/04/2003 16:25 7143741573 CHB ENG PAGE 04/11 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 28 1 Light Relocation & Site Electrical � Lump Sum @ �_ 5, . , k o Dollars d '-M Cents �1�OGZ. oa 7 l/oar, OU 29 Z 2090 Temporary Construction Fcnce L.F. @ Dollars 1 �G 30 1 Rcstrvom Lump Sum @ AII-Awa I� �+ � � Dollars $ZI 13Z. Flo �Z/ 131 y� Cents 31 4 Bench Each @ w llars Sa S QG a 16Q. Op Lwz Cents 32 5 Trash Re tacle Each @ ;V Y ' Aw vA Dollars rJ d S. Up a 6 LS ,Ua Ccnts 33 2 Volleyball Posts, Net& Sleeve Sea @ N \.� Dollars 14OD. 6b g '66b. d-0 Z-Q�b Cents 34 1 Relocated Bask ball Uprights Lump Sum @_ -tin _ 0 Dollars 3 aD �adQ tro 7c Cr) Cents 35 8 Backboarft Net& Ring Each @ L1r ,. c�•�l „� Dollars $qo .06 00 Zuv Cents / 1 36 1 Automatic Im' ation Systcm y��ct Lump Sum @ _;.mod � a.�11 .�, .�Ln'�gllars 133 • 00 q 61 &13 oo Cents 37 41,050 Soil Preparation & Weed Abatement S.F. @ _Dollars (5 (, ( Sr7 . Sd Cents 38 38,665 Hydrostolcnized Turf S.F. @ Z'L.-o Dollars Cents • `� 4 b 3� $0 39 352 1 Gallon Shrub Each @ v< Dollars S 0 b I (o0 . Oo a Cents 40 214 5 Gallon Shrub Each @ �: , .,i Dollars 0 ��Z y 00 � Cents 41 30 24"Box Tr e ' Each @ A W 6 � ,,,�,1 c&,._l,_ Dollars `Cents � 7S 'OD $ ZSG• oD 42 2385 Shredded Fir Bark S.F. @ Dollars . 0o 316-z Cents C-5 08/04/2003 16: 25 7143741573 CFi6 EIJG PAGE 05/11 i • Revision I ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 43 6 Relocated Tree Each @ � ,,� Dollars �� Cents • 6Ct 90� ,Liob . Jb 44 1 90 Day Plant Establishmen Lump Sum @ { o K ) ',J vt Dollars 1 1 0 S,oa Cents Lk 45 1 1 Ycar Pyst Installati Maintenance Lump Sum (i, w� � av�. / _Dollars Za10 Cents � ��. � a5/ �• EU 46 65 6"PVC, SDR 5, Fittings. & Concrete Backfill L.F. @ Dollars ZA-4-0 Cents � 1 IUD 47 25 Drain Channel L.F. @ ,i t; j� Z Dollars Q Cents 48 260 �,• Wide Concrete Step-Off L.F. Dollars Cents �� SO 0a 6b 49 265 Grassy ave S.F. y Dollars �j� Lem Cents ` ob BASE BID Total Amount Bid in Figures: $ S p Total Amount Bid in Words: t= y PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identiftedAisted below. The City shall award the contract based on the basis of the Project Base Bid alone. Additive 38,665 Replace Line Item 38 with this item. Alternate #1 S.F. Sod Turf. @ rINA- Dollars ` , OQ �$ ` 6S•oa Cents C-6 •IST OF SUBCONTRACTOR* 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 h37 C C _ o/J A p A`w� cl. � - N•Sa�,. (ra ��,70 l S � �C I C o ca .0 S Faw S Ut 110 4 '� -0 gel 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. ?. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-7 OONCOLLUSION AFFIDAVIO TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ��3Qh ��o40i being first duly sworn, deposes and says that he or(she is of ECo 6 Ca .;Ari h 7"the party making the foregoing bid that the bid is not made in the int rest 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, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ey �o�»f/uC-( Name of Bidder 71-1 Signature of Bidder CA 9�3Q3 Address of Bidder Subscribed and sworn to before me this (c-;"� day of s 2003 NOTARY PUBLIC a�Y- • / NOTARY SEAL C-S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _az��-cry.suscx=.�.aster:-s�rr�s•�s�-er•�r-�r-�-�s�,r:�r:4r�sar�cs�-�sws-sir•�� State of California 1 1 ss. County of 7auu J On .,l.ln\ kl P� 2oc�5 , b lie. JOak 11 Namc a ink d O llcr tc 'Ja Doe.Notary 'dNK personally appeared _Gu(l0. -tLCL-CLA Naree(s)ol signcrtsl -EhpMsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(e)-whose name(-I�re subscribed to the within instrument and acknowledged to me that he�they executed the same in hisAo/their authorized capacity(iee}- and that by his/tQtheir signature(6)-en the instrument the persor440 or the entity upon behalf of which the persoa(s}-- e� acted, executed the instrument. ` NESS my hand and fficialOLA se P4<o Noury seal AW.c Sig a�urc of Ndary Puck OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: l Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 1O' Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: l l 0 1997 W6 Ndary A socia4 •2] De Sao Aw.,P.O.O .2M •C1ulsw .CA 9I31}2ag2 Pr .No.$907 eeartler:Call Ta-Free 1-0 76d 7 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 Murdy Park Improvements, (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. G6 /p 4V 4-14C Contractor By l Title Date: V C-9 DIS(OALIFICATION QUESTIONARE 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? 0 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•10 COMPOSATION INSURANCE CER*ICATE 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. Contractor By / / L-E7i C7 Q.i, Title Date: Lt 8 C-11 ARGROUND SERVICE ALE* 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 Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By `�i idles Title Date: tt 8 CD Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-12 BIDDER'S INFORMATION BIDDER certifies that the following information is truce and correct: Bidder Nam C;29019 -�;/ Business Address Cana a--R,k c 93�3 City, V State Zip 0 -70�/- /093 Telephone Number 666,3q9 Ce", A i B State Contractor's License No. and Class c�2 - a3 - 173 Original Date Issued P- 3 / - aeon Expiration Date The work site was inspected by of our office on 12003. The following are persons, firms, and corporations having a principal interest in this proposal: CVII� J C-13 The undersigned is preparevo satisfy the Council of the City of Hisngton 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. 4-c'olo�y Co parry Name Signature of Bidder �hoh�c� �o �o ctid Printed or Typed Signature Subscribed and sworn to before me thisf)"ay of u S 2003 . 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. C-a, ,[ A �wN4� a 78�� L a �' � • LO no N CA 9)677 Y Name a d A dress of lkblic Agency Nam/e�and Telephone No. of Project Manager: pC ICJ � /V�t✓ /i.�R �7//KL//O'f�l- VC OO� Contract Amount .1 /Type of Work /pDate Completed 2. C.re+1y s� N. �j,� kYCC .dPak; 6fQ G✓�ks�e 1�1� S ���v� Name d ddress of Public Agency C• A . CA Name and Telephone No. of Project Manager: �Se/cp�ian �02 ) 7fa y0� _ / ✓ / / /a✓C J. -1n.TI�Y�.rtis..Y .2 c9o � Contract Amount Type of W rk nA (� Date Completed 3. C. ,-2 ,L/ ?o y o� 02�0 IV AlOd it .J� Name d Address of Publics Agency L . 4 . CA 1?01,22 / I p G Name and Telephone No. of Project Manager: ���5 is �'��'*• (a�3) yo s- ���/ Contract Amount Type o Work Date Completed C-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '3S_�'+Sv'44�SG4.�JwSL�i�Sri-=S��'�w�Yw�S��Y3iL+�J�'i'G`r-�Y+.41:CS-L"£�.�5•f'Lw'"�-4'i�_1`Sit.S:l`r��-4'S�is-U1:CLw`L-2�T"Y State of California f County of SS. �� c�l'cS On S� Zpp3, b re e, Date ` yam\ a Tale d Omar(cO.'J Doc,Noary P Ac personally appeared \ vu d� __ Name(a)d sipwHs) tonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)-whose names fs re subscribed to the within instrument and acknowledged to me that he/ge they executed the same in hisinDelheir authorized capacity(ies)- and that by his/ojc Aheir signature(s}en the instrument the persori(sj; or the entity upon behalf of which the person(4 acted, executed the instrument. 9 ` "SS my handland o ficial seal. ' plax Noary Seal Mrne Spru re d Notary Puck t OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on fire document aril could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document l Title or Type of Document: Document Date: Number of Pages: ' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ° on a momo here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General l ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i 0 DK7 NatiorW Noary Aaaodalion•93W De SdC Aw.,P.O.ee�2402•CMliw CA 9 131}2a Prod.No.56n7 NeorOer:Can ToO.Froa 1-0 76d822 08/04/2003 16: 25 7143741573 CHS ENG PAGE 01/11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 5, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Use Revised Project Bid Schedule attached (Revised Line Item 10 to delete Transit Pipe and replace with Trash Enclosure item, Line Item 38 to read " Hydrostolenized Turf', added "including mow strip"to Line Item 25, Added Line Items 46-49 and the addition of Sod Add/Altemate) 2. Clarification. Striping and Signage by Contractor, not City Forces. 3. Please find attached, the pole base detail for the new and relocated light poles. Cost to be included in Line Item No 28. 4. Replace Stainless Steel Door Assemblies, Section 08110 with Fiberglass Reinforced Plastic Doors, Section 08220. (Attached, 5-sheets) 5. Revise Specification Section 02900, Item 3.06 to read "HYDROSTOLONIZED TURF" and Item 3.06.D. to read "Hydrostolon mixture shall be Paspalum Vaglnatum as indicated on the drawings. Applied at the rate of 218 BUJAC. 6. Add "The type of turf to be used shall be, Paspalum Viginatum, "Seashore Paspalum", or Pacific Sod (800) 942-5296 7. Sheet A-2, 14 of 30, Construction Note 7 should read "Stone Textured Concrete Column to Match Columns at Existing Community Center'. Remainder of note to be deleted. 8. Existing Irrigation Controller"A"is located near Golden West St. Use 600' run for bidding. Company Name By Date All bidders roust acknoWedge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 G:1Construction Contracts(CCs)1CC 1176tSpecs\Addendum t.doc 08/05/2003 14: 55 7143741573 CHB ENG PAGE 01/01 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 , Fax (714) 374-1573 ADDENDUM NUMBER TWO For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 6, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Delete Line item 47 from the Bid Schedule as it is already shown as Line Item 13. Coto '4 -'Z' = J / Company Name By 03 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 G:\Construction Contracts(CCs)\CC 1176\Specs\Addendum 2.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK December 23, 2003 4-Con Engineering, Inc. 14771 Washington Drive P. O. Box 2217 Fontana, CA 92334-2217 Re: CC-1176 — Murdy Park Reconfiguration Project Enclosed please find your original bid bond issued by Great American Insurance Company for CC1176. doz� 040�- y Ccmie Brockvvay, Ci..:� City Clerk CB:pe Enclosure (Telephone: 714-536-5227) GREAT AMERICAN INSURANCE COMPANY OHIO Bond No. N/A BID BOND Approved by The American Institute of Architects.A.I.A.Document No.A310 February, 1970 Edition KNOB'ALLIIENBYTHESEPRESENfS:thatve4-CON ENGINEERING, INC. as Principal,hereinafter called Principal,and GREAT AMERICAN INSURANCE COMPANY,a corporation duly organized under the laws of the State of Ohio,with Administrative Offices at 530 Walnut Street.Cincinnati,Ohio 45202 as Starry.hereinafter called the Surety,are held firmly bound unto CITY OF HUNTINGTON BEACH TEN PERCENT OF AMOUNT BID— w Obligee,heminaftv called Obligec,in the sum of Dollars lS 104 OF BID" For the payment of which sum well and truly to be made,and the slid Principal and the said Surety,bind ourselves,our heirs,esccutors,administrators,successors and amignsJointly and sevemlly,firmly by these presents. WHEREAS,the Principal has submitted a bid for MURDY PARK RECONFIGURATION N 1176 NOW,THEREFORE,if the Obligec shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surery for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the dif ermcc not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Ohligcc may in good faith contract with another Party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 7TH day of AUGUST 2003 4-CON ENGINEERING, INC. In the presence of. A;�4 (Principal) (Seal) By:�iC"ct l-d S tPt2E$. (fide) GREAT AdIE CAN INSURANCE COMPANY (Seal) (Surety) / (Anomcy-in-Fact) KELLY A. SAI A Bid Bond F9630a CALIFORNIA ALL-PURPOSE ACSOWLEDGEMENT----------------- • t State of California t t SS. t County of San Bernardino t AUGUST 7, 2003 t On before me,Janet L. Miller, Notary Public t Name and Title of Odtcer(e.g.."Jane Doe,Notary Public) j Personally appeared Kelly A. Saitman 3 Name(s)of Signer(s) d t t x personally known to me t t ❑ proved to me on the basis of satisfactory evidence i t to be the person(4 whose name((pYis/9?e subscribed to the within instrument and acknowledged to me that ¢6/she/giey t =20nvniS� L. ER executed the same in bisr/her/tVtr authorized capacity . " atf028 and that b "[her/their r si nature d 0- my alfomM y 9 (�) on the insWment theCountyperson, or the entity upon behalf of which the personaaj t JU20L acted, executed the instrument. t t WITNESS my hand and official seal. j t Signature of Nothry Public i OPTIONAL d Though the information below is not required b law, it may 9 q y y prove valuable to persons relying on the document and mould prevent fraudulent � removal and reattachment of this form tb another document. 3 Description of Attached Document Title or Type of Document: Document Date: Number of Pages: i Signer(s) Other Than Named Above: d Capacity(ies) Claimed by Signer(s) 3 Signet's Name: d d ❑ Individual d ❑ Corporate Officer � Title d t ❑ Partner — ❑ Limited ❑ General 3 b h here f thumb x Attorney-in-Fact Top o d ❑ Trustee i ❑ Guardian or Conservator Other: d d d d Signer is Representing: i i d id d CALIFORNIA ALL-PU9&SE ACKNOWLEDGMENT State of California ss. County of San Bernardino On August 12, 2003 ae before me, CarrieD GarawbTedo Noao an, rx�P�ubli� �F � , ilrer Personally appeared Richard J. Garabedian ame s a ,gnar s ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(.&) whose name(c4 isA a#;o subscribed to the CARR' D.GARASEMAN within instrument and acknowledged to me that helrl;ieA wk Comm,:slcn 9 1337589 _ ^_v 4 Notary Puclic Caii:cmia executed the same in his,Weckhoic authorized capacity404, z t'4 San. 5emarcino County and that by hisA4e4llh4@ c signature(c4 on the instrument the My CcT.m.Expires.so.5,2ece P person(44, or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. iglu ure or Notary HtNic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: Kelly A. Saitman Capacity(ies) Claimed by Signer(s) Signers Name: Richard J. Garabedian Signer's Name: N/A ❑ Individual ❑ Individual ® Corporate Officer ❑ Corporate Officer Title(s): President Title(s): ❑ Partner-- ❑ Limited ❑ General ❑ Partner -- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Top of Uwrnb here Top of Numb here Signer is Representing: Signer is Representing: 4-Con Engineering, Inc. --------------- a t GUM ANERIGMY INSURANCE GOMPAW 580 WALNUT STREET• CINCINNATI. OHIO 45202 a 513-369-5000• FAX 613-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13970 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL KELLY A. SAITI LkNI ONTARIO, UNLPITED DONALD R. DES COMBES CALIFORNIA J�`IET it, MILLER This ower o Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS W H EREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 26TH day of JULY 2000 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 26TH day of JULY, 2000 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Hoard of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents,or anyone of them, be and herebyis authorized,from time to time,to appoint one or more Attorneys-In-Fact to execute on behalf of the Company,as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,,to prescribe their respective duties and the respective limits of their authority,,and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract or suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby,adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 7TH day of AUGLET S I n]9S(t 11971 x. . '��;tyT,a�r•. 4. _ R;l , — --- r , . e, �.t4��N}}'441 rM1{•� '`ii .'•� - P\ - � - - }' - fir "r - y .:.-vb-ter t hfti•'za Jh I," ;� +, 1 r� �l. � a f t �yif S .♦ �t �j lt� "ate *� � r 2 1 J'•,'1 :q• _ .\:,.+w � .;_ �. .- + { +'� . , T.• r � Yt�l A'�r � 1 ./+4r ♦ag R.; y E < ^ {y ' . I` t ar X r r . '},.Jev �yrl;j ty ✓y r •. n t }. :.� r y..� h } ^ � lh�Zw . LS t �t 'y^ 4�-a�" -+f•, ^Y�-Y }�' ..? ( '9 } � r U - T - e L •, f 'Ky ti i - r v r - SECTION C PROPOSAL for the NIURDY PARK INIPROVENIENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the installation within 85 working days and perform the 90-day plant establishment and one (1) year post-installation maintenance as described herein., 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 govem over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, Andersigned agrees that in the event We BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates wit,'Sn` 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 B; a t3or tl in the amount of $ /0 6V 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: F=BL C-2 Revision 1 • • SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 1 2.5 Site Mobilization Acres r@ <U 2k—� Tw6 � t.S �� Dollarst > j _1006 $O,BOo Cents 2 2.5 Site Clearing, Grubbing & Demolition Acres @ Dollars !�l/OV U ��7, Sz a Cents 3 610 Earthwork- Unc•lassiijiecl Fill C.Y. @ F(M,9- Dollars j i • 00 ty `J-Woo Cents 4 6,600 Earthwork - Unclassified Excavation/Export 113 $S G C.Y. @ ('&jQ%1A� yt \ Dollars S -T jeVnt- ' iV, Cents 5 1 2" DW Meter & Connection N Each @ oNErlcus awl Eig4rEtEY`1 Dollars 1i fit) `10 µ iigcu Cents 6 l Sewer Clean Out Each Dollars35173� VU Cents 7 1 2" RPPBD-DW Each Dollars 3, vuv vc� 3 vVV W Cents 8 300 2" PVC Pipe L.F. @ TwEN 1� Dollars 20 . uU vvv•✓v Cents 9 300 4" PVC Pipe 01 W0 -� L.F. @ �1� lzk� Dollars ?u O uf7 t Cents 10 1 Trash Enclosure, Gate, and cur Lump Sum Dollars I�It vv� • ✓� 1 y t uW w Cents 11 520 French Drain 2(q tuo L.F. @ 4 Dollars / Cents 12 60 PCC Longitudinal Gutter L.F. @ NttiC.-Vez1N Dollars �u U(�\�IyU• Cents C-3 Revision 1 • • ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. Q1 WORDS AMOUNT 13 25 PCC Drainage Channel L.F. @ Dollars �y U U b �t I pu o ,vv Cents 14 1 Parkway Culvert Lump Sum @ N+NE K,ntvd.2E� Dollars aUU it) Cents 15 400 Pedestrian Concrete Paving S.F. @ TA(L1=E -P-f­o� V4�\' Dollars 3_ 3--b F Ft Cents 16 9670 Vehicular Concrete Paving r-c,.Az ooLL0 q-5 S.F. C s• trrdbollars '0+ 00 OD ' La Cents 17 470 Enriched Pedestrian Concrete Paving S.F. @ FpvR- P`v 6 Dollars r- Cents �t 18 110 Enriched Vehicular Concrete Paving Lb S.F. @ .5, A Dollars (p(mob- i P) Cents 19 42,150 Asphaltic Concrete Paving 3ov-t U S.F. @zwU Dollars -,L. 4 Cents 20 12,515 Basketball Court Paving �� S.F. @ k Dollars `l aS V llF Cents 21 305 Concrete Banding L.F. @ 'CA� (LA Tw0 Dollars 32 b6 %7 66 W Cents 22 1,l00 Concrete Curb L.F. @ TwEI v Dollars t� �U t 3.Z u� oU Cents 23 5 Curb Ramp Each @ fry✓9-- 0,t,6 YLrC� Dollars yuu-&0 ZtoQ6"� Cents 24 415 Curb & Gutter L.F. R `r �` Dollars t S- vU �1Z 00 Cents 25 235 Rail (including Mow Strip) L.F. @ Dollars �SV ✓v ( if 7TU- w Cents 26 1 Parking Lot & Court Striping 1Z SvU W Lump Sum @ ttiwt ,cov rl V_`UJj G Dollars Cents 27 7 Parking Lot Signage D Each @t)n�E atu"c�-cclTwc�ly F ✓t Dollars tZS- W ,bZS'V Cents C4 Revision 1 • • ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 28 1 Light Relocation & Site Electrical Lump Sum @ t end ( pi lE Ay.ta Dollars j J-L5,6e U.w Z5, 006 Cents 29 2090 Temporary Construction Fence L.F. @ -two Dollars Z- r� S r 2Z5 rJtU F Cents 30 1 Restroom Lump Sum @t :r t�—�FIQ 1vuASAv Ell Dollars �,000i Cents 31 4 Bench t Each @ N•w-t'k r-CXQ.ECt 4z;F17 Dollars �S O •vt� t r Qvv W Cents 32 5 Trash Receptacle Each @ -V-C Xq_ kX ANA(WA Dollars I �! ' r `' NZl Uvv-UU Cents 33 2 Volleyball Posts, Net& Sleeve Sets @ Dollars Ir uo u - CIO z,too. `'v Cents 34 1 Relocated Basketball Uprights Lump Sum Dollars SUv- UU SD(� Cents 35 8 Backboards, Net & Ring Each @Twewc Dollars $l;2ov00 R, (PoU- [lo Cents 36 1 Automatic Irrigation Systemouo- Lump Sum @�u JL�y N,t kV.(AAf)t 4x Dollars i / Cents 37 41,050 Soil Preparation & Weed Abatement S.F. @ Dollars C) jv/ZbZ-SZ� EU, LIL2ii1-lJc Cents 38 38,665 Hydrostolenized Turf S.F. @ Dollars O• lA 3Q •6(> Twtt_\)E Cents 39 352 1 Gallon Shrub Each @ SEVel i Dollars r Cents t` 40 214 5 Gallon Shrub Each @ Z �cjVyt -+eeyy Dollars 0SZ• Uv Cents 41 30 24" Box Tree Each @-ttNl) hwvdtlt S� y��yL- Dollars ��S•� ZS� UU t Cents 42 2385 Shredded Fir Bark S.F. @ Dollars Cents C-5 kevision 1 • • ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 43 6 Relocated Tree Each (ahwO �uS*� dE � I�ti�G1Qr� Wollars pt� 6tsU o� 1(0�bau -uu Cents l� 44 1 90 Day Plant Establishment Lump Sum @ P� NE 4-v.�,�. At-cy Dollars `liup0'Uu f q,aue •vo Cents P 45 1 1 Year Post Installation Mai tenance IS, 000, • Lump Sum @ S't r�42-") Dollars U� Fkc�rJ -w S Ur-JY Cents 1`2 - 46 65 6" PVC, SDR 35, Fittings, & Concrete Backfill L.F. @ e7c�1 Dollars �l . b(D Cents 47 25 Drainage Channel OL'u R V D�" O Cents L� 48 260 12" Wide Concrete Step-Off L.F. @ Dollars Li • UO Ito lU• uv Cents 49 265 Grassy Pavers S.F. Dollars tiZ. uv `$ U. rJr) Cents BASE BID Total Amount Bid in Figures: S /Z. U P,lb Total Amount Bid in Words: A.� Y; r- tH2t Z� en i'iG 14_ h .aNcl.1:�`-1 `• Y�"rcl/ .�,.w'Yti n-c( PROJECT ALTERNATIVES: h` ��2t-g7- The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract based on the basis of the Project Base Bid alone. Additive 38,665 Replace Line Item 38 with this item. Alternate #1 S.F. Sod Turf @ U.cl O Dollars I` /tG r-: Cents C-6 GIST OF SUBCONTRACTOR 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 I Number ;11L,VIwy i'(T �aro1-g-( c- 3-L Lpnni to \�rLr✓1 Luc i3 ��G R � & pa,. �P lrA C +ar �o ry Zb9oGi �- q �-Idll� Ar`1') MIS-QV Fr N Vf';T(.i.JI'' n r c_3 ,7� r� ti ,TNELI Pc tt � `,�� ca Z2S1 � �t 3 1� iLA;2vAo✓tTc+k `iL-I3S2 C. 7 L CA fro 323 (� � IlJ ° ' 4u?-q O 2� i k� �'Ew G-�c'�+t"TZ PCl ot�J LPrG�Ia'OF 'J P^�tA S( C- By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-7 *NCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �2 �V)c f,C, -r 6Nc,`(LsbeA lwj being first duly sworn, deposes and says that he or she is E ;dk - of N- (,6ry t-NWt JEEl7nl(n,jb 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, company association, organization, bid depository, or -to any member or agent thereof to effectuate a collusive or sham bid. �! Clir�J E N(stTN£c IZ.t rl� �t�G• Name of Bidder of deri� c1%c.dctS-C,r. becl�tnvl iN4re 411 n4vn 7. v. g u-)� Z'2-j q T-byy-t- ncn ( rA Address of Bidder Subscribed and sworn to before me this 1 I day of bi4L4 l , 200 3 . NOTARY PUBLIC NOTARY SEAL C-8 JURAT State of California ss. County of San Bernardino Subscribed and sworn to (or affirmed) before me this 11 th day of August , 2003 by (1) Richard J. Garabedian ame Of igner s CARRIE D.GARABEMAN _ Commirssion 9 1337689 _ (2) N/A Notary Public- California _ amen igners San Bernardino County 1Ay Comm.Ex➢TttS Jan 6,2006 Signature of Notary u is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:Bidder's Information Document Date: August 11, 2003 Number of Pages: 2 Signer(s) Other Than Named Above: N/A Top of thumb here Top of Ihumo here 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 Murdy Park Improvements, (n(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. Contractor k uVrd T UNr�tbc�,� RFs devt}- Title Date: AL4!�NST t1 C•9 DISQkLIFICATION QUESTIONNADLE 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 CVNo If the answer is yes, explain the circumstances in the space provided. Vote: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C•10 COMP*SATION INSURANCE CERAPICATE 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. '-I - oUN EN61TNEi Ti�16i r �1C . Contractor Y tZ,C hti( G G\ l 1 c 0.,Y\ Title Date: ApterW5 1 f 1 2v03 C-11 Ui�ERGROUND SERVICE ALE* 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 Section 4216/4217 of the Government Code requires a /A ,,,revnlc, (ion Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Undlert at 1-800-422-4133 a minimum of two working days before scheduled exca Dig Alert Identification Number: N' GUNcr'j Contractor By }L cY\"Pr-k .S - Title Date: S r t M �UU3 ber issued by U.S.A. Note: durt go the cour is se of heuired ar every Dig Alert Work. Additional forms maybenobtained from the AGENCY upon request. C-12 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: l O N t III�TN EE/2SNI6) Bidder Name / q-1-7 ! Ljg&). ; r1+pX--\ zz1 -4 Business Address :v--r?y\-\- e P- Cl2�-i`/ 2 2-1 City, State Zip cloy- IV 3L - 9`1 t-/ 2 1- 1 Sb2 PAS Telephone Number 1 -1bz8L4 State Contractor's License No. and Class —/- 30 - Original Date Issued t-1 - 30 - 04 Expiration Date The work site was inspected by A^±an-rof our office on Ai!bah 2003. The following are persons, firms, and corporations having a principal interest in this proposal: R c,hcAQl 6c-k� A bed uy� C-13 The undersigned is prepared satisfy the Council of the City of Huwgton 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 e ge Z���1c�v Printed or Typed Signature !I Subscribed and sworn to before me this day of Awa_ it 5l 12003 . 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: nt � W � � Z , J L� c Ur Name and Address of Public Agency Name and Telephone No. of Project Manager: ►-1 C 61 U`+ 3'-�)- -7 Date Completed Contract Amount Type of Work 2. Name and Address of Public Agency GI \ NG`Qr1Gc SILFtTE �o-V 7 Name and Telephone CNo.�of Project A>Q Manager:- lt4R—1 5 �y/ rwz 1� TENNS c� i Y 5113 S17,0wt - /IJbr1oz Type of Work Date Completed Contract Amount 3. �2c�p I� r7A21L Ma . tN EiZ/ ^Anl Cif U� �`�GApA Name and Address of Public Agency Name and Telephone No. of Project Manager: 5/0 S-"/Oi zs--b Date Completed Contract Amount Type of Work C-14 JURAT State of California SS. County of San Bernardino Subscribed and sworn to (or affirmed) before me this 11 th day of August , 2003 by CARP;DD.CAPtABEDIAN (1) Richard J. Garabedian area iprers Cc.nmasicn C 1337689 i Notary Puolic- California 5; ro San Berardino County (2) N/A My Comm.Expires Jan 6,2006 are o bigrer s lV g Sigrm uraT oTRoiilary�uorlc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Noncollusion Affidavit Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: N/A Top of thumb here Top of Ihurb here City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 5, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Use Revised Project Bid Schedule attached (Revised Line Item 10 to delete Transit Pipe and replace with Trash Enclosure item, Line Item 38 to read " Hydrostolenized Turf', added "including mow strip"to Line Item 25, Added Line Items 46-49 and the addition of Sod Add/Alternate) 2. Clarification. Striping and Signage by Contractor, not City Forces. 3. Please find attached, the pole base detail for the new and relocated light poles. Cost to be included in Line Item No 28. 4. Replace Stainless Steel Door Assemblies, Section 08110 with Fiberglass Reinforced Plastic Doors, Section 08220. (Attached, 5-sheets) 5. Revise Specification Section 02900, Item 3.06 to read "HYDROSTOLONIZED TURF" and Item 3.06.0. to read "Hydrostolon mixture shall be Paspalum Vaginatum as indicated on the drawings. Applied at the rate of 218 BUJAC. 6. Add "The type of turf to be used shall be, Paspalum Viginatum, "Seashore Paspalum", or Pacific Sod (800) 942-5296 7. Sheet A-2, 14 of 30, Construction Note 7 should read "Stone Textured Concrete Column to Match Columns at Existing Community Center'. Remainder of note to be deleted. 8. Existing Irrigation Controller"A" is located near Golden West St. Use 600' run for bidding. Z.1( vvz - Company Name A Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 WConstruction Contracts(CCs)ICC11761SpecsWddendum 1.doc City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 6, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Delete Line item 47 from the Bid Schedule as it is already shown as Line Item 13. I r�ti 1-n.C-1 C1u4 Company Name G,tirYk beU:c,V\. ones Avt(.(uST Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247 G:\Construction Contracts(CCs)\CC1176\SpecsWAddendum 2.doc s • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONME BROCKWAY CITY CLERK December 23, 2003 Hondo Company, Inc. 2121 South Lyon Street Santa Ana, CA 92705 Re: CC-1176 — Murdy Park Reconfiguration Project Enclosed please find cur original bid bond issued by The American Institute of Architects for CC1176. ay- Connie Brockway, Cf.'C City Clerk CB:pe Enclosure 1Telephone:714-53632Z7) THE ASERICAN INSTITUTE OF OCHITECTS ALA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we HONDO COMPANY, INC. 2121 S.LYON ST. SANTA ANA,CA 92705 (Here insert full mmc,and address or Icpal title of Contractor) as Principal, hereinafter called the Principal,and FIRST NATIONAL INSURANCE COMPANY OF AMERICA P.O.BOX 34526 SEATTLE.{YA 98124 a corporation duly organized under the laws of the State of WASHINGTON as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 (Hem ins,n fall runt,and addressor legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of(10%) ten percent of the attached bid amount,for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for _ MURDY PARK RECONFIGURATION PROJECT. CASH CONTRACT NO. 1176 (Here insen full name,address and description of Mimi) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 4th day of August,2003 HONDO COMP COMPAIIV. IIVC. (Principal) / / / (Seal) (wi es. (Title) Secr�ttary ITreasurer FIRST NATIONAL INSURANCE COMPANY OF AMERI A (DAA1 10,1 A, (S rety (Seal) (Witness) (Title)MAR N, Attomey-in-Fact AIA DOCUMENT A310 BID BOND AIA& FEBRUARY 1970 ED THE ANIERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE..N.W.WASHINGTON,D.C. 20006 1 WARNING: Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On&=� 4 �QQ,3 before me Quyen Pham, Notary Public DATE , NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) 0 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 OUYEN PHAM authorized capacity(ies), and that by his/her/their COMM,A 1384040 V signature(s) on the instrument the person(s), or the Notary Publjc•Cahfornia N Orange County entity upon behalf of which the person(s) acted, Ny c°mm. E �1fQ$ executed the instrument. OVEMBER 9 2006 WITNESS hand and officials I. Place Notary Seal Above Sign ture oflf4otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL 1Z ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE SAFECO POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 FIRST NATIONAL SURETY OF ATTORNEY SEATTLE,WA 98124-1526 PO BOX 34526 SEATTLE.WA 98124-1526 No. 12804 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint ................................................ERIC LOW EY:MARK RICHARDSON;Cora Mesa-Caliromb...................................................... its true and Lawful attamey(s)-in-fad,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 14th day of January 2003 4 P CHRISTINE MEAD,SECRETARY MIKE MCGAVICK, PRESIDENT. CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS ._ the President. any Vice President, the Secretary,and any Assistant Vice President appointed for that - purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate tittes with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making o evidencing such appointment the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced:provided.however,that the seal shall not be necessary to the validity of any such instrument or undertaking' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted Jury 28. 1970. -On any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V,Section 13 of the By-Laws,and (11) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said po verof-attomey appointment is in full force and effect the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereat.' 1. Christine Mead. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are we and correct and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hard and affixed the facsimile seal of said corporation this 4th day of August 2003 S1;It1,MCr 1- r�`�o•ro,A a��� SEAL s 29zB .%r6ri cos lost`•Jai^ • • CHRISTINE MEAD,SECRETARY S-1049fFNEF 7t98 ®A registered uademak or SAFECO Corporation 01fl42003 POF = _ ,----- _—_._.- :r jb ,Cr?r .�� 11, _ } t� ' Fffa. 'r I f f p�1 v `rr ' ,l t•:,t,z4YL• , S �rCy rJ , r' ;yrir") R„ r FJ 1 1 (t}.,j' t y A x +f5•h•t Jr jl Hi �1 \ ��FfY.41 5{ 1,.,�• i♦�Tvi 1 v ! i� t LvS i}1�, � �+r X`r�l+t.���y�v'•J F�f s [>}t�`jv�, ''"y�gl`n`3e. i 1w ' m1'Gi .},pc1 t. r ,x.. .•.F?,�,.r ('r�T" ' �� kI.r at'F ts,+-. 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RL r ,rl, r Jl tv i' 1, t .r ^�F,� �,•+r! t t`.'�K iF r.i , 'fry IiwMI t�M1 y f.LY a ♦ x � v Y' ! ,M1 irs r i a +,t ll�/'••�..•�s'i L''yy l FS�''>�u�,�n J ...f Y s, i Ll�<S f��1J'M[�•L M1va�����'+'Y r';a".'!' yA'2 D\y�Yl .�L'� �it 4 t .,;a� 15 � wig •rk o'd•q 4h"�% .Fg,+.•�{c µ 5 rl�t Firpiecrriw Conlrrrclnrs ;['j � COMPANY INC. 2111 South L�rm Street YF "�� ' '.L yt�v. �'• 'a• ♦ .u`T 4 L=',, ,x*• 3t"'" t ' y .{�l Sonla Ann, CA`)2705 ry+ .,• I, i J. �rx 's:�'S""'� i" <r ' �. i' �4J' A' 'C�, CITY CLERK t �rt •an CITY OF HUNTINGTON BEACH ;sto z R Et 5 `": 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 SEALED PROPOSAL FOR: MURDY PARK IMPROVEMENTS CC# 1176 "DO NOT OPEN WITH REGULAR MAIL" • r °Y4„•"1,�� h�.f��,Ya�,r�fsy, ` w�.r a ;`r+a r! , !-�k;` 1 I '� Y , I � in,tl !'h' 2y v yY. 'F �•(` ',�'i t ti u ,�F lF� y ♦ "�^SS.k"` +' A� rctil a i k..?5 l ,11,Y� ,j'!"Y ! '� �, , � 1 ,1 J I! +,.,+j, N .Y.,� .f^�1 •;r v''j``S�'3�r,.�TS l\ ! � �I, .I 1�1 fVJ ti�'. i 1I- . 5' 1 � _ •1 �� :�.A �" T [�1��c+v S ,N,1. 4r1 i trt..•� (� i S _ r D ,� ~ - 1 M1 ♦ it i.". SECTION C 10 PROPOSAL for the VIURDY PARK ITNIPROVEMENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND METNIBERS 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the installation within 85 working days and perform the 90-day plant establishment and one (1) year post-installation maintenance as described herein., 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 I If awarded the Contract, tiOndersigned agrees that in the event We 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. Bidder' s Accompanying this proposal of bid, find Bond in the amount of$ 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda.No. Date Received l /• -•\Bidder's Signature 1 8-5-03 2 8-6-03 EEL C-2 Revision I SECTION C PROJECT BID SCHEDULE ITEM ESTI\SATED 1TEb1 WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS A\•COUNT 1 2.5 Site `4obilizauon Qd Twenty Seven Thousand Four Hunt01o 'ars Acre, @ _ S^w VU Twent Cents 27 477.20 27 477.20 2 2.5 Site Clearing, Grubbing & Demolition Acres @ Twenty Two Thousand Dollars no Cents 22,000.00 22,000.00 3 610 Earthwork— L'nclasscfied Fill C.Y. (a) Ten Dollars no Cents 10.00 6, 100.00 4 6,600 Earthwork — Unclassified Excavation"Export C.Y. @ Fourteen Dollars no Cents 14.00 92,400.00 5 1 12" DW Meter & Connection Each (2` Two Thousand Five Hundred Dollarc no Cents 2,500.00 2,500.00 6 1 Sewer Clean Out Each @ Four Hundred Fifty Dollars no Cents 450.00 450.00 i I 1 2" RPPBD-DW Each (a Two Thousand Three Hundred Dollars no Cents 2,300.00 2,300.00 8 300 2" PVC Pipe L.F. c Twelve Dollars Dollars no Cents 12.00 3,600.00 9 300 4" PVC Pipe L.F. @ Sixteen Dollars no Cents 16.00 4,800.00 10 l Trash Fnclosure. Gate, and curb Lump Sum L. Twelve Thousand Dollars no Cents 12,000.00 12,000.00 _ 11 520 Trench Drain L.I. (a; Forty Five Dollars no Cents 45.00 23,400.00 12 60 PCC Longitudinal Gutter L.F. - Twenty Five Dollars no Cents L 25.00 1 ,500.00 C-3 Revision 1 1TE,%I ' ESTIMATED 1TE.M WITH UNIT PRICE W'R1Tl"EN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 13 25 PCC Drainage Channel i...F. @ Fifty Dollars Dollars no Cents 50.00 1 ,250.00 14 1 Park%vay Culvert Lump Sum @ One Thousand Eight Hundred Fiftpollars no Cents 1,850.00 1,850.00 15 400 Pedestrian Concrete Paving S.F. @ Four Dollars Fifty Cents 4.50 1,800.00 16 9670 Vehicular Concrete Paving S.F. (d six Dollars no _ Cents 6.00 58,020.00 17 470 Enriched Pedestrian Concrctc Paving S.F. @ Seven Dollars no _ Cents 7.00 3,290.00 13 110 Enriched V'chicular Concrete Paving S.F. @ Eight y Dollars no Cent; 8.00 880.00 19 42,150 ( Asphaltic Concrctc Paving S.F. @ one Dollars Eighty Ccnts 1 .80 75,870.00 20 12,515 Basketball Court Paviny.- S.F. @, Six Dollars _Dollars Thirty Two Cents 6.32 79,094.80 21 105 Concrete Banding L.F. @ Fifteen Dollars no Cents I 15.00 I 4,575.00 22 1 .100 Concrete Curb L.F. @ Sixteen Dollars no 16.00 17,600.00 Cents 23 5 Curb Ramp FachCa., Six Hundred Dollars no Cents 600.00 3,000.00 24 415 Curb & Gutter L.F. @ Fourteen Dollars no _ Cents 14.00 5,810.00 25 2.5 I Rail (including Mow Strip) L.F. @ _ Seventy Eight Dollars no Cents 78.00 18,330.00 26 t Parking Lot & Court Striping Lump Sum @ Thirteen Dollars _ no Cents 13,900.00 13,900.00 27 7 Parking Lot Si_enase Each @ One Hundred yFifty Dollars no Cents 150.00 1 ,050.00 C-4 Revision 1 _ ITEi\•I ESTFOATED ITE`1 WITH UNIT PRICE WRITTEN TN CHIT PRICE EXTENDED NO. QUANI WORDS A%10UNT 28 1 Light Relocation & Site Electrical l.utilp Sum C Thirty Four Thousand Dollars no Cents 34,000.00 34,000.00 29 2090 Temporary Construction Fence I L.F. Ci; Three Dollars no _Cents 3.00 I 6,270.00 30 1 Restroom Ninety Four Thousand Lump Sum Call Seven Hundred Dollars no Cents 94,700.00 94,700.00 31 4 Bench Each Four Hundred _Dollars no Cents 400.00 1,600.00 32 5 I Trash Receptacle Each C Four Hundred Fifty _Dollars no Cents t 450.00 2,250.00 33 2 Volleyball Posts. Net R Sleeve Sets (a Six Hundred Dollars no _ Cents 600.00 1,200.00 34 1 Relocated Basketball Uprights Lump Sum @ Three Thousand Eight Hundred Dollars no Cents 3,800.00 3,800.00 35 8 Backboards. Net R Ring Each C Four Hundred Dollars no Cents 400.00 3,200.00 36 1 Automatic Irrication Systcm Lump Sum Fifty Three Thousand Nine Dollars Hundred inety Five Doliars no Cents 53,995.00 53,995.00 37 41,050 Soil Preparation & Weed .Abatement S.F. G No Dollars Thirty Cents .30 12,315.00 35 35.665 Hydrostolenized Turf S.F. z; No Dollars Twenty Cents .20 7,733.00 39 352 1 1 Gallon Shrub Each CO- Six Dollars no Cents 6.00 2, 112.00 I 40 214 5 Callon Shrub Each ` Sixteen Dollars no Cents 16.00 3,424.00 41 10 24" Box 'free Each (`al _ Four Hundred Sixty Dollars no Cents 460.00 13,800.00 42 2385 Shredded Fir Bark S.F C No Dollars Forty Cents .40 954.00 C-5 Revision I _ ITE:NI ESTIMATED ITEM WITH UNIT PRICE WRITTEN UNIT PRICE EXTENDED \O. OU;INTITI' WORDS AMOLTNT 6 Relocated Tree Each ` _Four Thousand Six Hunted TwentyDollars no Ccnts 4,620.001 27,720.00 --+. 1 90 Day Plant Establishment ; I_urnp Sum Two Thousand Eight Hundred Dollar no Certts 2,800.00 2,800.00 4= I IYear Post Installation -Maintenance Lump Sum I9 i Eight Thousand Five Hundred Dollars — no Cents I 8,500.00) 8,500.00 4b G5 6" PVC.. SDR 35, Fittings, & Concrete Fackfili L.F. Ccd Twenty Four Dollars no Cents 24.00 1 ,560.00 =7 < Drainage Channcl L.F. `r _ Dollars Deleted Cents _ 4° 260 12" Wide Concrete Step-OFF i L.F. y Sixteen Dollars no 16.00 4, 160.00 Cents I — 49 265 I Grassy Pavers S.F. I Four Dollars J no Cents 4.o 1 ,060.00 BASF BID Total Amount Bid in F;gureS: S 772,000.00 Total .-`,mount Bid in Words: Seven Hundred Seventy Two Thousand Dollars no cents i PRO•IECT ALTERATIVES: The Addrtke Alternate 13id, Project Alternatives, bclo.% arc an integral part of this proposal, and to be responsicc, the bidder shall quote a price For each Addirive .Alternate identified/listed bclo,.v. The Cite shall Rtcard the contract based on the basis of the Project Base Bid Rlone. °.dditive 38,665 Rcplacc Line Itern 38 with this al tern. ternate I '1 S.F. Sod Turf. a No DJilars Eighty Cent: .80 30,932.00 l I C-6 «LIST OF SUBCONTRACTOR 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 o Work Number Electric Williams Maher Electric Santa Ana CA 470441 Landscape Irrigati n Buena Vista Landscape Placentia, CA 674472 C-27 Masonry t c y O _ Demo Grading Dobson Equipment Rental Orange, CA 679934 C-12 Plumbing Orosco Plumbing Placentia CA 341765 C-36 Paving Haitbrink Anaheim, CA 517707 C-12 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. I That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-7 ANCOLLUSION AFFIDAVITS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Robert Lloyd being first duly sworn, deposes and says that he 4dk9bR is Secretary Treasurer of Hondo Company 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 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, company association, organization, bid depository, or to any member or agent thereof-to effectuate a collusive or sham bid. Hondo Company Inc. Name of Bidder Signature of Bidber Ro b'rt Lloyd 2121 South Lyon Street Santa Ana, CA 92705 _ Address of Bidder Subscribed and sworn to before me this 12 day of August 200� . r� EILEEN SANDOVAL - COMM. #1254369 u0lro +000C-CALIFORNIA K0 3 ORANGE COUNTY N I_ � My Comm.Exp.Feb. 27, 2004 NOTARY PUBLIC ��v�J C�'1��- NOTARY SEAL C-8 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 Murdy Park Improvements, (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. Hondo Com ar� nc . Contractor By Robert 1,Llo+d Ij Secretary Treasurer Title Date: 8-12-03 C•9 DISQLRLIFICATION QUESTIONNAE 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 p rtion of the Proposal shall constitute signature of this questionnaire. C-10 COMFOSATION INSURANCE CER*ICATE 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. Hondo Company Ipc. j Contractor / 1�(w/ By Robert A/oyd Secretary Treasurer Title Date: 8-12-03 C-11 ARGROUND SERVICE ALE* 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 Alert at 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Upon Award Hondo Company Inc . Contractor By Robert'Lloyd 1. Secretary Treasurer Title Date: 8-12-03 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-12 BIDDER'S INFORNIATI014 BIDDER certifies that the following information is true and correct: Hondo Company Inc. Bidder Name 2121 South Lyon Street Business Address Santa Ana, CA 92705 City, State Zip 714 434-0104 Telephone Number 373104 A B, C27 , D12 , D34 State Contractor's License No. and Class 4-13-79 Original Date Issued 4-30-05 Expiration Date The work site was inspected by Robert Lloyd of our office on 8-1- 200 3 The following are persons, firms, and corporations having a principal interest in this proposal: Michael Woods , President Robert Lloyd, Secretary Treasurer C-13 The undersigned is prepare*satisfy the Council of the City of Humkgton 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. Hondo Com Inc. Company Name Signature of Bidder/ Robert Lloyd, Secretary Treasurer Printed or Typed Signature Subscribed and sworn to before me this 12 day of August EILEEN SAN DOVAL II`l > _ COMM. #1254369 op NOTARY PUBLIC.CALIFORNIA3 ORANGE COUNTY N My Comm.Exp.Feb. 27.2004 NOTARY PUBLIC< NOTARYSEAL 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. See Attached Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-14 08/04/2003 16: 15 • CHS ENG • PAGE 01/11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 5. 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Use Revised Project Bid Schedule attached (Revised Line Item 10 to delete Transit Pipe and replace with Trash Enclosure item, Line Item 38 to read " Hydrostolenized Turf', added "including mow strip"to Line Item 25, Added Line Items 46-49 and the addition of Sod Add/Alternate) 2. Clarification. Striping and Signage by Contractor, not City Forces. 3. Please find attached, the pole base detail for the new and relocated light poles. Cost to be included in Line Item No 28. 4. Replace Stainless Steel Door Assemblies, Section 08110 with Fiberglass Reinforced Plastic Doors. Section 08220. (Attached, 5 sheets) 5. Revise Specification Section 02900. Item 3.06 to read -HYDROSTOLONIZED TURF" and Item 3.06.D. to read "Hydrostolon mixture shall be Paspalum Vaginatum as indicated on the drawings. Applied at the rate of 218 BUJAC. 6. Add "The type of turf to be used shall be. Pasoalum Viginatum, "Seashore Paspalum", or Pacific Sod (800) 942-5296 7. Sheet A-2, 14 of 30, Construction Note 7 should read "Stone Textured Concrete Column to Match Columns at Existing Community Center". Remainder of note to be deleted. 8. Existing Irrigation Controller"A"is located near Golden bve St Use 600' run for bidding. Hondo Company Inc . Company Name By /Robert Lloyd 8-12-03 U Date All bidders must acknowledge the recetot of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247 GAConstrvcoon Contracts(CCsj,CCI17&Spocs'Addendum 1.ccc 7143741573 66/e5/2003 15: 02 7143*73 CHS Er1G • PaGE 01/01 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 6, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Delete Line item 47 from the Bid Schedule as it is already sho% n as Line Item 13. Hondo Company Inc. Company Name By Rrert Lloyd r 8-6-03 Date All bidders must acknowledge the receipt of this Addendum viGn your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247 G\Ccnstructicn Contracts(CCa)1CC 11761Specs`%Iderdum 2.doc r, j& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK December 23, 2003 Moment Construction Company, Inc. 1601 Sawtelle Blvd„ Suite #27 Los Angeles, CA 90025 Re: CC-1176 — Murdy Park Reconfiguration Project Enclosed please find your original bid bond issued by Arch Insurance Company (Bond #SU5001671) for CC1176. e ow-4 Connie Brockway, CMC City Clerk CB:pe Enclosure (Telephone:714-5 G 227) �r y ARCH INSURANCE COMPANY SU 5001671 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Moment Construction Co., Inc., as Principal, and the ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MISSOURI, and authorized to do business in the State of California as Surety, are held and firmly bound unto Citv of Huntington Beach as Ob ' ee, m [he s of 10% of the total amount bid not to exceed One Ten lI O, O t��C Hundred Thousand & No/100ths DQLLARS, lawful money of the United States of America, to the payment of which sum well and truly to be made, the Principal and Surety bind themselves, and each of their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The condition of this obligation is such, that, if the Obligee shall make any award to the Principal for Murdy Park Reconfieuration Project, Cash Contract No. 1176 Bid Date : 8/1212003 According to the terms of the proposal or bid made by the Principal therefore and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the ARCH INSURANCE COMPANY, as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED, DATED: A• ,;7, 2003 ment Construction ., Inc. Arch Insurance Co any ( rincipal) ) By: By: Michael E. Cundiff. Att me n Fact DIRECT CORRESPONDENCE TO : LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST., LOS ANGELES,CA 90041 PHONE(323)257-8291 .FAX(323)256-7218 Bid Bond-08 25-99.dot CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Countv of Los Angeles On 0 7 2003 {I� before me, Susrrt: E. !YtoraleslNolary Public NAME, i iFE OF OFFICER personally appeared Michael E. Cttttdij NADI F OF SIGNF,R(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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SUSAN E.MORALES WITNESS m hand and official seal. COMM 47332202 m Y r+atary Pvblit California cn ILI '.OS ANGELES COUNTY QIF My Comm.Fop.Dec 25,20054 (SIGNATURE OF NOTARY) / OPTIONAL 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENT[TY(IES) Arch Insttrance Company POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, Susan E. Morales, George A. Munana, Matthew J. Huggins and Eric Schmalz of Los Angeles, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit-the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney is signed, sealed and certified by facsimile under and^by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. ,A ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. Moment Construclion Co.. Inc. 1601 Sav✓lelle Blvd., Suite # 27I-ju. h vl era 4e r� Los Angeles, CA 90025 Nh + 2... t ryy!iZ'b bv}� ../" r 4 n� c rt\ YV,tr art ti,�v�•t V. (.10 'II- J .l .r✓v/1'Y' �. + i +^('`+- I 1 + 0 "? txa 5� rc ,r a cY I i tl WA CH.t,{{, CFI N r „h ' p �r vsilF��gs aL'. / 11UNI 'Y''t"' rt{..•�ti vh n,y„r'�h"i�a�` -.4,.'� ' ry a�+� 3� 7 + �a f ri.+ 1, �fi c \ s_eA`x' �]kt 1 ..a l•.�'G�' -�z P�S••e-. 7 - [ -/ l '� 'y.lx•n�'0..4}• ±�^a,�+ ..5, .�S�Y�• ' ��� nl ,t (0U3 AUG I ? I-+ I. ,J 1 :� �ht 4 { �l� tl'y rt:I^4 3 { fit3��tr i�^.y� I M1..i + • ' �4V� Jv0. &S,�,' r j =,•-ice � :,y 6 I . 1h..• .. „1 i� �� •~`4`Nr1AA ~ ` 1 riI y , yt F�T' M1 dvfJ`,.rr r+ � _ '>v n• � .�. '... J._�� rr. . . K City of Huntington Beach Utr, li ,� , r• � Department of Public Works I 2ND Floor, City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 IS�� t.•',+ {+ti r.,'rJt'.jl Lrf>r a S ' ✓}r ! r -,t . h ,. .. . .r ; rr}t q h}a ) wi'a•, ^+a r. t� it r + r r LZ1 r yr. ; ;:• t 1 7+ ti. 11 t M..r'i�'+✓4 r�' " r^.Yxi 1 1 i :� � Y S 1 Bid for: Murdy Park Improvements Bid Date: August 12, 2003 SECTION C PROPOSAL for the NIURDY PARK ItMPROVEMENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND .tMENIIIERS 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the installation within 85 working days and perform the 90-day plant establishment and one (1) year post-installation maintenance as described herein., 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 reacivertise the project. In the case of discrepancies in the amounts bid, unit prices shall govem over extended amounts, and words shall govern over figures. C-t If awarded the Contract, thadersigned agrees that in the event Oe 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 d voido. 1l0,r000..� O. Accompanying this proposal of bid, find Bid Bond in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received 1, Bidder's S nature 1 8-4-03 y . � 2 8-6-03 C•2 • SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEMS WITH UNIT PRICE WRITTEN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 1 2.5 Site Mobilization Acres a lei) thousand se✓cy, f vvld.eci Dollars 10,700.00 26,750.00 Cents 2 2.5 Site Clearing, Grubbing & Demolition 2 -7, 000 G71 Sao Acres rJ r ujen ry Se✓en rhouIQel Dollars 3A77097OQ -4, C�7 Cents 3 610 Ecudnv ,-k- (/uciccssificd Fill C.Y. rr 71cn Dollars 10.00 6,100.00 Pr Cents 4 6,600 Earthwork- Unclassified Excavation/Export C.Y. a Tr n Dollars 10.70 70,620.00 $e✓( n Cents 5 1 2" DW Meter & Connection Each @ .�2ur 7A00YO11d S-cven *1,&1fer Dollars 4,700.00 4,700.00 Cents 6 1 Sewer Clean Out Each rc _c" ✓C 9Q,-?cl ec/ Dollars 700.00 700.00 C/ Cents 7 1 2" KPP13D-DW Each rr 7 µuhdIed S(f _Dollars 870.00 870.00 (� Cents 8 300 2" PVC Pipe L.F. cJ ✓c vl Dollars 57.00 17,100.00 Cents 9 300 4" PVC Pipe L.F. a p-t' Dollars 65.00 19,500.00 0 Cents 10 1 Trash Enclosure, Gate, and Curb Lump Sum a tF�9hT Dollars 8,700.00 8,700.00 Cents 11 520 French Drain L.F. cc Lo r V Se✓c v Dollars 47.00 24,440.00 � Cents 12 60 PCC Longitudinal Gutter L.F. a 7 eVPh Ttj Dollars 20.00 1,200.00 Cents C-3 ITEM ESTIMATED1 Or WITH UNIT PRICE WRITTEN • UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 13 25 PCC Drainage Channel L.P. « °c ✓e Dollars 70.00 1,750.00 Cents 14 1 Parkway Culvert Lump Sunl rr lrVP 7hc 0SOFe1c' Dollars 5,000.00 5,000.00 Cents 15 400 Pedestrian Concrete Paving S.F. « S/, Y- Dollars 6.00 2,400.00 0 Cents 16 9,670 Vehicular Concrete Paving S.P. « Se v(f in Dollars 7.00 67,690.00 6 Cents 17 470 Enriched Pedestrian Concrete Paving S.F. « C—rc�Gt7` Dollars 8.00 3,760.00 Cents 18 110 Enriched Vehicular Concrete Paving S.F @ N V Dollars 9.00 990.00 Cents 19 42,515 Asphaltic Concrete Paving S.F. rr ffcJr Dollars 4.70 199,820.50 Sc Vh/1 Cents 20 12,515 Basketball Court Paving S.F « Fw C Dollars 2.00 25,030.00 0 Cents 21 305 Concrete Banding L.F. rr 7we five Dollars 12.00 3,660.00 0 Cents 22 1, 100 Concrete Curb L.P. rJ PP, f",9 Dollars 20.00 22,000.00 Cents 23 5 Curb Ramp Each @ FOur 1-61o✓fokid Senn {lundeec Dollars 4,700.00 23,500.00 56 Cents 24 415 Curb & Gutter L.P. « rttlf' �J SC VC Dollars 27.00 11,205.00 rZS Cents 25 235 Rails (including Mow Strip) ✓n, Dollars 70.00 16,450.00 Cents 26 1 Parking Lot & Court Striping ,/ , Lumpm Su « S !':r r(�VS�cinc) S'eylcei 77lnylc%r cf Dollars 6,700.00 6,700.00 Cents 27 7 Parking Lot Signage Each G( rcC //U Dollars 370.00 2,590.00 r Cents C-4 ITEM ESTLIIATED �1'EMS WITH UNIT PRICE WRITTEN • UNIT PRICE EXTENDED NO. QUAN'rI"rl' WORDS AMOUNT 28 1 Light Relocation & Site Electrical Lump Sum rr TL.0Pn Dollars 27,000.00 27,000.00 Cents 29 2,090 Temporary Construction Fence L.F. « r(rlire Dollars 3.00 6,270.00 Cents 30 1 Rcsu'oom Lump Sum « pnc 4.-Ij.eel F0%J</ SC�e alid Dollars 147,000.00 147,000.00 Cents 31 4 Bench Each @ Dollars 400.00 1,600.00 Cents 32 5 trash Receptacle Each « (=j✓e yundred SevC Dollars 570.00 2,850.00 Cents 33 2 Volleyball Posts, Net & Sleeve Sets « �J/,o licVe" e) Dollars 970.00 1,940.00 Cents 34 1 Relocated Basketball Uprights I Lump Sum « ,h(ee rl1C)uJC7,4 ScVen ecl Dollars 3,700.00 3,700.00 0 Cents 35 8 Backboards, Net & Ring Each a Qnc rho✓So hd Sege n Dollars 1,070,00 8,560.00 Cents 36 1 Automatic Irrigation System Lunlpsurll a sr r Sc��n Tea✓fo Nc/ Dollars 67,000.00 67,000.00 gf Cents 37 41,050 Soil Preparation & Weed Abatement S.F. rr Dollars 0.30 12,315.00 GI Cents 38 38,665 Hydrostolenized Turf S.F. @ d Dollars 0.27 10,439.55 rtu Pn Cents 39 352 1 Gallon Shrub Each « Cq T Dollars 8.00 2,816.00 Cents 40 214 5 Gallon Shrub Each « uyr, onC Dollars 21.00 4,494.00 Cents 41 30 24" Box Tree Each « Thf-cc Y*nclocd S e✓P n Dollars 307.00 9,210.00 Cents 42 2,385 Shreded Fir Bark S.F. « Dollars 0.87 2,074.95 SC vC_ Cents C-5 ITEM ESTIMATED Is'EMS WITH UNIT PRICE WRITTEN • UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 43 6 Relocated Tree Each « ✓� (�O✓S4 d St ✓eel7� Dollars �7-,7@e-90 46,400-9e J Cents 51 0-70 0'42,0 44 1 90 Day Plant Establishment Lumpsum « C-, h 7 �GIO✓Sa pI4 Sc✓Pn 1�y vi Cc/ Dollars 8,700.00 8,700.00 Cents 45 1 1 Year Post Installation Maintenance L-umpSum « Foi (J Se✓en � h0✓JrJ-10/ Dollars 47,000.00 47,000.00 Cents 46 65 6" PVC, SDR 35, Fittings, R Concrete Backfill L.F. « C SC✓e 1 Dollars 87.00 5,655.00 Cents 47 260 12" Wide Concrete Step-Off L.F. « ScVe.n Dollars 7.00 1,820.00 pl Cents 48 265 Grassy Pavers S.F. « SckPnjccr Dollars 17.00 4,505.00 Cents 13ASE 1311) Total Amount Bid in Figures:$ 1 04-(, 095 , 1016 1755 (In -S Total Amount in Words: one mYIlipn ror rhous04el ine pive CIO 1/Orr P120.1E CT AL:fERi`'ATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract based on the basis of the Project Base Bid alone. Additive 39.665 Replace Line Item 38 with this item 1 , 40 541 131 Alternate #I S.F. Sod -turf S- 3'-}. 39,66- - « OnC Dollars FOr 121Cents C-6 OST OF SUBCONTRACTOR* 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 De, fro , Fn.�Nu.�2 STQrr Corp 2O Tn Trr,ejgiOn tanjicq 7QrZunQ Ca �3'z17$ C.27 Plum,' 4 s fc /0 Gi' Sa„_r IoLv.n K9 S,� �(; Sore MOniC4, CA y`Fgd87 leou h Q).W- .Mc cat land 707S97 B r rrr 'rw/ n c!a I P C A- jo i l e 0 nS A-P err r�J Gc�rL! �. sp ec.c ji $ T�7?� g rca CA 7i7-159 (o D 3 ¢ Q proco/tx)oy A C 4 k'h `eT Me7rtQ 28`I444 c43' c C)shcel e J /I S. P. S ponirG, y E�� $ 4 Wood�cck prc>o(. w Tnc C- Y 50n rrx7o-i 3kShy S.�. flJi �c%u1 $Cilo�,y Nu,171,1 J n C 48198 /GS_r C- J Gar cos C-� L 3 7 (.Cq& Pro- F�I*ncJ 4 V\/C,J7U�0 C-6kit Tr U C.7i Z` 0 n We -hill 335028 E/ccT-rC) - * r t 3942 ro C / 0 € Ier- ect'a cu/Ver, Co Lod (O bn /{ I&Tr IPIAU Icy T' On 74678 / C 2 L n P/O,rlel Con n cra t co n_irr"cj 10 e �r✓'rvs VCD ,LJQSonc t.V c)oc4 to,,d iAVIi cA Szsroo2S P R1 ' pro AoI , (.p I e027ZCo A .7,✓e,,su l .4J10h0 lT C z AC Vjo ' Son7a re 'Z 5G 383 C- 12 4s .hae pert ftrr '.•g L07 de: v/L0; (0�0�{ e (o C - iz C 2 I Fbl-arnoun7, CA- a TC.7A?;T Co—Ts Lned�slvtcvu, O r-a c C 4 5�/6 9 9 /1 , C 3- By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. .'That the AGENCY will be fumished copies of all subcontracts entered into and bonds fumished byAubcontractor for this project. C•7 &NCOLLUSION AFFIDAVI* TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Seyed S. Sadeghi being first duly swom, deposes art�i says that he or she is President of Moment Construction Co.nt❑e party malting 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, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Moment Constructs n—Co..1-nc. Name of Bidder Seyed S. S deghi Signature of Bidder 1601 Sawtelle Blvd. Los Angeles, California 90025 Address of Bidder Subscribed and swom to before me this Z2 day of-AV , 200,:::�72 LILLYTAHERI V comm. #1304088 NOTARY PU13UC-CALIFORNIA LOS ANGELES COLWTY NOTARY PUBLIC le � G% // �/ M Comm.Ex ke_s Msy to.2WS 1 %y//� NOTARYSEAL C-8 • 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 Murdy Park Improvements, (1)(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. Moment Construction Co. , Inc. Contractor Seyed S. Sadeghi By President Title Date: 8-12-03 C-9 DISQALIFICATION QUESTIONNA.E 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 ® 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•10 COMPE*ATION INSURANCE CERTIOCATE 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. Contractor By Title Date: C-11 UNRGROUND SERVICE ALE* 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 Alert at 1-800-422-4133 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 Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-12 BIDDER'S INFORMATION • BIDDER certifies that the following information is true and correct: Moment Construction Co. , Inc . Bidder Name 1601 Sawtelle Blvd. #27 Business Address Los Angeles California 90025 City, State Zip ( ) ( 310 ) 470-9155 Telephone Number #605950 A & B State Contractor's License No. and Class 11 -15-90 Original Date Issued 11 -30-04 Expiration Date The work site was inspected by Felino M. Tia of our office on 08-04 . 200 3. The following are persons, firms, and corporations having a principal interest in this proposal: Moment Construction Co. , Inc. C-13 The undersigned is preparen� satisfy the Council of the City of Hugton 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. Moment Constructio/Eo. , C. Company Name Signature tf Bidder _ Seyed S. 11 Printed or Typed Signature Subscribed and sworn to before me this/ day of wf / 002 ,;3 LILLY TAHERI 0 COMM.r1304M ^ NOIAB ANOBUIS QO Wre 1/ NOTARY PUBLIC / / M Cam .es ,2M + NOTAR 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: City of Los Angeles 200 N Main STreet, Floor 13 1 Department of Recreation & Parks- Los Angeles, CA 90012 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Hamid Navid / ( 21 3 ) 978-1 940 Stoner Recreation Center-Field & $3 , 122, 342 . 07 Pools Improvements 02-14-03 Contract Amount Type of Work Date Completed 770 Wilshire Blvd. , Third Floc Los Angeles Community College District Los Angeles, CA 90017 Name and Address of Public Agency DMJM Name and Telephone No. of Project Manager: Mr. Estephen Cole ( 213 ) 593-8400 Los Angeles Mission College-Administration $1 , 349 , 700 Building Expansion and Remodel 07-02-02 Contract Amount Type of Work Date Completed 1545 Wilshire Blvd. , Suite 10C 3. Los ri c Los Angeles, CA 90017 Name and Address of Public Agency PMA & Associates Mr. Christian victor / ( 310 ) 253-7100 Name and Telephone No. of Project Nlanager: $3 , 192, 122 Los Angeles. H/S Safety & Technology 01 -17-01 & Fire Alarm Systems Contract Amount Type of Work Date Completed C-14 FIN CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK December 23, 2003 Sequel Contractors, Inc. 13546 Imperial Hwy. Santa Fe Springs, CA 90670 Re: CC-1176 — Murdy Park Reconfiguration Project Enclosed please find your original bid bond issued by The American Institute of Architects for CC1176. Connie Brockway, CtvIC City Clerk CB:pe Enclosure (Telephone: 714-536-5227) Bond No. BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE, PRESENTS. that we Sequel Contractors, Inc. as Principal hereinafter called the Principal, and Federal Insurance Company as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligec, in the sum of-fen percent of the total amount of the bid Dollars ($10% ), for the payment of which stun well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Clear/Grub,AC Paving. Cold Mill,PCC Pour, Backfill,Painting and Irrigation Improvements NOW, TIIEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into' a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6th day of August 2003 el Contracto , Inc. P (Seal) Witness T mas S. a , V.P. & Secretary Name/fide Federal Insurance Company Surety (Seal) Witness Bv: Do glas A.Rapp Attorney-in-Fact i ORSC 21328 (5/97) • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Fte of Californiaunty of ORANGEss. AU3 0 6 2003 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Dato Name ara Tao of Olfrm(a g.,'Jane Doe.Notary Publk� personally appeared DOUGLAS A. RAPP Nume(s)of Sigror(s) ' L& personally known to me ❑ proved to me on the basis of satisfactory OFFICIAL SEAL evidence CHRISTOPHER J. COArS �: NOTARY PUBLIC-CALIFORNIA to be the person(s) whose name(s) Is/are COMMISSION # 1267699 C N ORANGE COUNTY subscribed t0 the within instrument and My Commission Exp.July 15,2004+ acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES nd fici seal. Pb Notary Seal PDow w d Notary pollut OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): Top of Numb here ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CIMNatla,W Notary AAYCa.•=0 Do Sob A...PO.ern 2b •C2et,x G91]I}2W taulrowy ory ROE. lo.9r? R,oidar.C+tl T04F1N 1�6 7 Chubb IWER Federal Insurance Comp Attn: Surety Department F Vigilant Insurance Company 15 Mountain View Road OFIu60 Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Douglas A. Rapp or Linda D. Coats of Laguna Hills, California_____________________________________________ each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (outer than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to h said bonds w obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 14 t h day of May, 2003 Kenneth C.Wendel,Assistant Secr tary, STATE OF NEW JERSEY T.W.Cavanaugh.vice president D County of Somerset SS' On this 14 th day of May, 2003 . before me,a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNrrY COMPANY,Cie companies which executed the foregoing Power of Attorney,and the said Kenneth C. Wendel,being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof that the seals affixed to the foregoing Power of Attorney are such corporate seats and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with T. W. Cavanaugh, and knows him to be Vice President of said Companies; and that the signature of T. W. Cavanaugh, subscribed to said Power of Attorney is in the genuine handwriting of T.W.Cavanaugh,and was thereto subscribed by authority of said By-Laws and in deponents presence. 7 Rr�F Notar 2 �Y Karen A. Price Notary Public Stale of New Jersey No. 22316;7 Lcu C A �OGn fl!$SIGn FYCERT FItCA'MOW04 Notary Public Extract trom the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY; "AN powers of attorney for and on behalf or the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President w an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President any Assistant Vice President any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Seaetaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and bindi u respect to any bond or undertaking to which it is attached.' n9 Pon the Company with I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY(the'Companiesl do hereby certity that () the foregoing extract of the By-Lam of the Companies is true and correct (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Depamnent further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect Given under my hand and seals of said Companies at Warren.NJ this 6 th day of August, 2003 3'sd�"C" �uum r p''uaWcF C 4 NOUN► hS aA� kfN,ypP+- Kenneth C.Wende,Assistant Secretary EHE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY F ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3497 Fax(908) 903-3656 e-mail: suretyOchubb.com Form 15-10-02258 (Ed. 10-02) CONSENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of LOS ANGELES ss. On , before me, E M:CHAEL A. MAHLER, NOTARY PUBLIC Date Naam an0 iltle of`Ja a 1e.g..-Jam Doe.Notary Polk- personally appeared Thomas S. Pack, V.P. & Secretary Name(s)d S.gmr(s) js G�rsonally known to me ❑ 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 M I t�11 L t It ft ER S ry .y S} COMA e1304357 capacity(ies), and that by his/her/their. N +_ 1' 7 " NO7aRY NaUC U11fORNIA> signature(s) on the instrument theperson(s). or n7Cc--.,t E, May 13 N05 "' the entity upon behalf of which the person(s) lvv�ww acted, executed the instrument. ITNESS my hanJ and official seal. PWce Natal,Seal A e 55^ature d Notary K OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ,.., Individual Top 01 tbtanb more Corporate Officer—Ttle(s): Partner—❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: r Signer Is Representing: O 1992 NaOU NOWry Ass atm-9350 De Soto Ave..PO Bor 2402 CWlseevth,CA 91313-2402 P.ro No 590I Reo,ae, Call Too-PWe 1 t100.9266627 N. SE9UEL CONTf2AC�TORS;9INC ;: 'r�� �,"ra< f� Santa Fe SpringsCA9Q670 y� �r•� I' h ,s .J .1 , T `1 yk#r azj f� M1 'C a�2r pit ` t tOM, CA r,,h,• < �.y'-riS r`t a"S•7 3tT2 �"'.13�� 7 r il• r I: 55 . r t:"^r "v{T• iy_ tM.�,'}Y''��1,�,C.`t�"q..{i l �. 1*0 °riL•i."t"�x.'.'--tcti'rt�Y�(�t'bn chi .1.. 'lrrn 4^'�1• 1<S 'Hat Yi V. t•a.aY.{rf e•. tr n Y4 S4t♦ +�{'Rir 1`���, 'F a1 r/ sA JR,h^r Wr,Lra�+S-iva vra ... �. ry ,Rx�`tr,L�iA'�.� 1` z�fa. .�, kaY� °t Fr^ter . tt v� ..t 1•i r i -0 7 �` .< y Is'raF�4 � a>�,�✓4Yr4't ,Y. ?1{a'3�`i�S r �r'a �.^•ti,� 7�L. '� . , ,� r 13546 1mltcrial I1wy.Sanra i;c Springs,CA 90G70 r.•d `f cc a �lt�..suR 11 ti . +I t", w }u y icZ. - t1 Vy Ll �aT Z a i+ S arF r+iK r iyk'w�Nac X C' f<.^ �T II r 1... ` �- "a,� ♦ .r}fi4SerY �.E••'cPS•4i< i�i� r�j�`.a> '4' t1�� CI i- C1 e( y#, d• � S � ] A(,Y�t`kf fC�,� Y11��}�I! (/ + Etkr-?? ; i< ,ri�R Y�i •'fJy.!'Y•- t�. "?� Ph �Y F ar-y L r++.j" l L4 ro ' J*'5..� co�t,.a, dd S x c ...c nI •e`/ i a='�t 1 s-y '� Mr�17 `!\�12eL v�.yr•}.�����_j �i ty'��� a Y i l!t Y��iO •L ` l Jr'1l. I ��}�/�y�/ / �, V 7 r'S�,r' Sx •C a'+-dS f`15 �4 t. r"' 1 j stl,�:,v,,}, i t ri ' P; r. 1 r a� 4 '4}+a c4r f'�,,',?•• I� /' �y l..A 4I/�2,bg 1 <�D i Lyy `4r'r� y!'nF ya'ti t Giri.Jir�l�lf;'.� ��J F, :aK'l �..�• f. yf'•: p71.}/1�Ir'1a TV"1 �tK' r _ M l �. (��,`� -�' .4�4s�. a`hjV{ lf`M1 s-,rC, VS� i ! '•• ' Y 'Y t}S� r L �'�''d�5�` � `�`�`{ ,;�JI`��"j]4't�^a��•j cS.'eCfa��Jh>. u� •� y, f+l rl� +. . .t r .r�C4 ,j•�• ,w 'j rY' .fY , w-��!'qt� qv ✓.sc..r.e'ci &�L tYr: 'i �, tn_ t I'`•r�•i:;'f ��'���,.`�.'Idle t}rL��1F"+�. {��.i�l�i°��., St�,1.dt� �6 aSilyY�"�_ , r - _ +.r 7 •� i r��ff•,p t 4. �vJ r t�' t�� Y r w ° h f �;: Q! tt rt�i� 7r-. tt'•, Sri �Yati� k M. v Y!' �, rr �' { ~r ; , •,vX,:.v.4 v ('Y'$+.t rv � 1¢'w l �4 t 7 fi r , a. ,. � G t 1 � ! 'rS MSf I� rq1 yr,{ .\f,�i �rar "SC• r < l -<•` t.: f.. 1 It r.. 1 r t 5.. c•kr �' _ .. _ -143741573 CHB ENG PAGE 01/01 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 6, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Delete Line item 47 from the Bid Schedule as it is al Wwn as Line Item 13. SEQUEL CONTRACTORS, INC. / CotnpwWNwns y Thoma , V.P. & Secretary Date All bidders must acknowledge the receipt cf this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 G Construction Contracts(CCs)1CC1176 5oecsWddendum 2.0oc 08/04/2003 16:22 7143741573 CHB ENG PAGE 01/11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MURDY PARK RECONFIGURATION PROJECT CC- 1176 August 5. 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Use Revised Project Bid Schedule attached (Revised Line Item 10 to delete Transit Pipe and replace with Trash Enclosure item, Line Item 38 to read " Hydrostolenized Turf', added -including mow strip" to Line Item 25, Added Line Items 46-49 and the addition of Sod Add/Altemate) 2. Cladficafion. Striping and Signage by Contractor, not City Forces. 3 Please find attached.the pole base detail for the new and relocated light poles. Cost to be induced in Line Item No 28. 4. Replace Stainless Steel Door Assemblies, Section 08110 with Fiberglass Reinforced Plastic Doors, Section 08220. (Attached, 5-sheets) 5- Revise Specification Section 02900, Item 3.06 to read "HYDROSTOLONIZED TURF" and Item 3.06.D. to read "Hydrostolon mixture shall be Paspalum Vaginatum as indicated on the drawings. Applied at the rate of 218 BU./AC. 6. Add "The type of turf to be used shall be, Paspalum Viginatum, 'Seashore Paspalum", or Pacific Sod (800) 942-5296 7. Sheet A-2, 14 of 30, Construction Note 7 should read "Stone Textured Concrete Column to Match Columns at Existing Community Center". Remainder of note to be deleted. B. Existing Irrigation Controller'A" is located near Golden W Use 600' for bidding. SEQUEL CONTRACTORS, I(�C. / Cwnpary I�lalna om S. V.P. &Secretary iZ Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have arty questions regarding this Addendum, please call Todd Broussard at (714) 536-5247 G�Constructon Contracts(CCs)1CC11761SpecmAddendum 1.doc SECTION C • SEQUEL CONTRACTORS, INC. PROPOSAL for the MURDY PARK IMPROVEMENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the installation within 85 working days and perform the 90-day plant„establishment and one (1) year post-installation maintenance as described herein., 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-t SEQUEL CONTRACTORS, INC. If awarded the Contract, tondersigned agrees that in the event We 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. BIDDER'S BOl`.D Accompanying this proposal of bid, find in the amount of$ 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. DO(!Received B' r' nature C-2 08/04/2003 16:22 7143741573 CHB ENG PAGE 02/11 Revision 1 SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 1 2.5 Site Mobilization Acres @ 4+;r,, 4wo {ho sw cq Dollars r Illy Cents 2 2.5 Site Clearing, Grubbing & Demolition Acres @ SIx�- fi�c Fkas ��4 Dollars 5�� ��:�'51).c73 Cents 3 610 Earthwork- Unclassifed Fill C.Y. @ �ix Dollars oc 4 6,600 Earthwork- Unclassified .Excavation/Export a C.Y. @ h Dollars �p So log/ 3G17. '' Cents 5 1 2" DW M ter& Connection Each @ �Git yuh� Dollars a Cents 6 1 Sewer Clean Out o� Each @ �e/rovg6,. rl-C Ai.,dirc(Dollars � 00 (� Cents 7 1 2" RP BD-DW Each 4t uS4-Cj /ZY ff t ,ed Dollars C� Cents 8 300 2" PV Pipe 06 L.F. @ ><� Dollars 30 4000, Cents 9 300 4" Pv e m a L.F. @ /X ,vL Dollars -4p- Cents 10 1 Trash Enclosure, Gate, and curb a Lump Sum @tr= -)7jou<ctL Dollars Cents 11 520 French Drain L.F. @ } . Dollars .00 OD3.Db Cents 12 60 PCC Longitudinal Gutter a e� L.F. @ . fy Dollars 30 Cents G3 08/04/2003 16: 22 7143741573 CHB ENG PAGE 03/11 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 13 25 PCC Dr�a'�a�e Channel L.F. Dollars D Cents 7 14 1 Parkway Culvert Lump Sum �_ballars /SG�J, — //� o� _e4_ Cents 15 400 Pedestrii Concrete Paving S.F. @ �'JJv/ Dollars /�ob0 oG p— Cents / 16 9670 VchicuW Concrete Paving S.F. @ w Dollars Cents 17 470 Enriched Pedestrian Concrete Paving a S.F. @ j! 47- Dollars J 3,760 � Cents 18 110 Enriched Vehicular Concrete Paving S.F. @ Dollars Cents 19 42,150 Asphaltic Concrete Paving S.F. @ 0✓4 e- Dollars f Cents o� 20 12,515 Basket Court Paving o S.F. @ NBC Dollars Cents 21 305 Concret andi�}g Ole- L.F. @ lH Dollars �0 °�L Ccnts 22 1,100 Concrete 5urb L.F. @ /Pu/v Dollars QO �- Ccnts 23 5 Curb Ramp Each @ ? i r e A6,-S0w v/�G/, Dollars Cents 24 415 Curb &rGutjcr DF, @ v ery Dollars -U Cents 25 235 Rail (including Mow Strip) a, L.F. @ �yPs.>�j L'�e— Dollars75 — /7G�S Cents 26 1 Parkin Court Striping Lump Sum @ �Yi ffPiH 7 0C4 Dollars $- Cents 27 7 Parkin Lot Si c Each @ 7/4e el'I, N(�/e 2 Dollars CW_ 4- Cents C4 08/04/2003 16:22 7143741573 CHB ENG PAGE 04/11 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRTCE EXTENDED NO. QUANTITY WORDS AMOUNT 28 1 Light Relocation & Site Electrical Lump Sum Dollars S�,c>�.a� 5� O� r)J Cents 29 2090 T pqTpry Construction Fence L.F. @ 4r Dollars c/ Sb yU5 { Cents 30 1 Restroom Lump Sum 4k> sU-j dolla _5 Dollars '_0 WDC Lw 00 Cents 31 4 Bench �/ Each @ -4itf A,w eel Dollars Cents 60 o= 3� J /Z�. 32 5 TrashR e��cjj�PPtacle �/ Each �0 ry-1�1_1j_1-/3 �' 6_ Dollars a2s —& Cents 33 2 Volleyball Posts, Net& Sleeve Sets @ SivA,(4W/e, Dollars �00, _&) Cents 34 1 Reload Basketball Uprights Lump Sum @ /2w Dollars L� j yG�a Cents 35 8 Back�Dazds Net& Ring °; G Each Cents 36 1 Aut�om tif Irrigation System Lump Sum @ "Z7. lA�Ksa�c� Dollars �1 Cents yO49,Yqo �Dtoo 37 41,050 Soil Preparation & Weed Abatement �d S.F. @ -$ Dollars o20 laid /u Cents 38 38,665 Hydrostolenized Turf S.F. @ 1Y Dollars 1p 3/ Cents 39 352 1 Gallon Shrub Each @ x Dollars -6- Cents 40 214 5 Gallon Shrub Each @ ����� Dollars $ Cents 41 30 24"Bqx Tree Each @ /ire /�uN�/��.1 5� �•c_ Dollars °� Dam —9� Cents s 42 2385 Shredded Fir Bark S.F. @ -14; Dollars -S-p .G Cents / G5 86/04/2003 16:22 7143741573 CHB ENG PAGE 05/11 Revision I ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 43 6 Relocated Tree/A,y� J a o� Each @ -vim U14 S614C Dollars �4�V. 2�/&V .6�- Cents 44 1 90 Day Plant Establishme t u Lump Sum @� � uk sa w Dollars Cents 45 1 1 Year Post Installation Maintenance Lump Sum @ -- a-�--, 4ko,.Y-df Dollars �'O=CD ;�D oxj.co Cents 46 65 6" PVC SDR 35, Fittings, & Concrete Backfill L.F. @ �i�y ��L Dollars G�jl �9�5 sw �6— Cents 47 Channel L.F. no, rs Cents 48 260 12" Wide Concrete Step-Off L.F. @ //�oN ><i/ Dollars Cents o20. S,o100, 49 265 Crass Pavers o0 S.F. �7/�P Dollars A Cents BASE BID Total Amount Bid in Figures: $ 7-7 , q 4 TotalAmountBid in Words: ei t,4- hojrcc_l ,Seje, . ( OVSC.nut 1ne 61,r)re. 4-- men aqd i•F - nr. PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract based on the basis of the Proiect Base Bid alone. Additive 38,665 Replace Line Item 38 with this item. Alternate #1 S.F. Sod Turf. @ TLJO Dollars bZ Cents C-6 S SIST OF SUBCONTRACTOREQUEL CONTRACTORS, INC. 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 3 U. E Iecl� U Ic�Q 763?3b Oto An toe- Cc7creic Zit '19`iLA ib °i� bI�M Lo,r�3���� 6`s�sILf (b G-a• no 01 fan�bC J.Jio P'ker50 r) (J'tin Z 1�9 LI Oct) I ,.� o �JOo�CoNI dell Flo e� 3,o's C) 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. I That the AGENCY will be furnished copies of all subcontracts entered into and bonds fumished by subcontractor for this project. C-7 9NCOLLUSION AFFIDAVIA TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Thomas S. Pack being first duly sworn, deposes and says that he or she is Thomas S Pack V.P & Secretary of SEQUEL CONTRACTORS, 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 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, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. SEQUEL CONTRACTORS, INC. Nameof Bidde Si Bi Thomas S. Pack, V.P. & Secretary 13546 IMPERIAL HVVY. SANTA FE SPRINGS, CALIF. 90670 Address of Bidder ►$E 1 2 D13 Subscribed and swom to before me this day of 200_ . NOTARY PUBLIC SEEE ATTACHED NOTARY SEAL C-S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �cx�tixcEcscrycr_crcresa1�sxroc.�cssr�,crcc4s:,cxixcrcrcr..cccscscrcr���. Slate of California County of LOS ANGELES � ss. ':16 111 On am before me, N'•"HAEL A. MAHLER, NOTARY PUELIC (HM ON"o of role a Oxcw I.g 'J.C ..Notary HrO.cl personally appeared Thomas S. Pack, V.P. & Secretary No.*.)d Sgwl.) impersonally known to me 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 MiCH - A MAN{j0. acknowledged to me that he/she/they executed N A. CJMM NLIOIyer D the same in his/her/their authorized +� 1OTA"r^ � capacity(ies), and that by his/her/their :: Losuxerscoum 01 Myr,,,.1, N signature(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 Py Na.,,SOM Ayer. SV�&New v1e`e - OPTIONAL Though the m/ormahon below rs not required by faw r mey prove vemable to persons relying on the document and could prevent fraudulent removal and reattachmenf or this form to another document Description of Attached Document Title or Type of Document Document Date. _ Number of Pages Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name. _ Individual Top d lnurnb n ,r Corporate Officer—Title(s) _ Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing 'c P' :L"CZCL� C 1991 N.1vw Notary As.owuon 9350 D.Soto Are PO Bos 2.02-Cealsw CA 9Q19 2402 Prep NP 5901 Reaper CM Toe Fr. 1 E 108768l21 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 Nlurdy Park Improvements, (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. SEQUEL CONTRACTORS, INC. Contractor By Thomas S. Pa ' V.P. k Secretary VICE PRESIDENT & SECRETARY Title ,v16 : aIIt Date: C•9 DISPALIFICATION QUESTION 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 A No If the answer is yes, explain the circumstances in the space provided. (1on2 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-10 COMP&ATION INSURANCE CERTOCaTE 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. SEQUEL CO TRACTORS, IN Contractor By Thomas S. Pack, V.P. & Secretary Title ct+[; dlli Date: C•11 U*ERGROUND SERVICE ALEW 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 Alert at 14MO 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: SEQUEL CONTRACTORS, INC. Contractor By Thomas S. Pack, V.P. & Secretary Title 106 . IDR+ Date: Note: This form is required for every Dig Akrt Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-12 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: SEQUEL CONTRACTORS, INC. Bidder Name 13546 IMPERIAL HWY. SANTA FE SPRINGS, CALIF. 90670 Business Address City, State Zip ( ) (562) 802-7227 Telephone Number 610600A State Contractor's License No. and Class January 31, 1991 Original Date Issued January 31, 20M Expiration Date The work site was inspected by Thomas S. Pack of our office on AVs o e W 200_ The following are persons, firms, and corporations having a principal interest in this proposal: Michell W.Ward, President Thomas S. Pack, V.P. & Secretary ABEL MAGALLANES, VICE PRESIDENT C-13 The undersigned is prepare�o satisfy the Council of the City of Iington 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. SEQUEL CONT CTORS, INC Company N / Sign o idder Thomas S. Pack, V.P. & Secretary Printed or Typed Signature i at Subscribed and sworn to before me this _day of An , 200_ . NOTARY PUBLIC SEE ATTACHED NOTARYSEAL 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. SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-1a I Sequel Contractors, Inc ST. LIC.#610600A 13546 Imperial Highway Santa Fe Springs, CA. 90670 Telephone (562) 802-7227 Fax (562) 802-7499 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF SEQUEL CONTRACTORS, INC. The undersigned being all of the Directors of SEQUEL CONTRACTORS, INC., a California Corporation, do hereby take the following action by this written consent at a meeting of the Board of Directors held on April 28, 2003 in accordance with the Bylaws of the Corporation and the California Corporation Code. WHEREAS, the Board of Directors deems it advisable to authorize the officers of the Corporation, Abel Magallanes, Thomas S. Pack, and Mitchell W. Ward respectively, to execute bid bonds on behalf of the Corporation with any agency, person,company or municipality; RESOLVED FURTHER, that Abel Magallanes, Thomas S. Pack, and Mitchell W. Ward are authorized to execute labor, material, and faithful performance bonds in connection with contracts to be entered into with any agency, person,company or municipality; RESOLVED FURTHER, that Abel Magallanes,Thomas S. Pack, and Mitchell W. Ward are authorized and directed to execute and deliver street improvement contracts and related agreements with any agency, person, Company, or municipality on such terms conditions as they deem advisable in their sole discretion, RESOLVED FURTHER, that Abel Magallanes, Thomas S. Pack, and Mitchell W. Ward be, and they hereby are authorized by their sole signatures on any document to bind this corporation to contracts,bids, bonds,etc.; RESOLVED FURTHER, that Abel Magallanes, Thomas S. Pack, and Mitchell W. Ward be, and they are hereby are authorized and directed to take any and all such other actions and execute such other documents as may be necessary or appropriate to carry out the purposes of the foregoing authorizations. In witness thereof, the undersigned Directors have executed this unanimous written consent to indicate this adoption of the consent of the foregoing resolution and the action set forth therein. Datcd: April 28' ,2003 Mitchell W. Ward f mas S. ac Director& President Director, Vice President & Secretary Abel 9agalla es Director& Vic resident CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'i'�ct�G<tG&.4�..t.�.C4.c4c'�s£�'-e£er..-e._rcr..cS:tX=5:7s�GCSecLkY..c4ci'•-�'+:weer.-r�.ryY,er..vrry�c5��.Cr' y. State of California 1 County of LOS ANGELES } ss On An I before me, M:CHAEL A. MAFfLER, NOTARY PLMLIC Dote N ertl Tb d 01 K IA 9 Doe Naery Pit -) personally appeared Thom S. Pack, V.P. & Secretary Ne -)d$�Prrle� personally known to me 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 J I'1C3KX0I3N3a7R the same in his/her/their authorized cJMHet30�1a2 �L NOTARY nteucGuuoawAD capacily(ies), and that by his/her/their [. LOSANGEIBCOUNTY signature(s) on the instrument the person(s), or f ca.n 6°Mn n zoos the entity upon behalf of which the person(s) acted, executed the instrument. W TNESS my hand anp official seal Nca Na Sea Aewe Sgwe of Ndwy PuOYc OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: _ Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name Individual inn ni tn,mb ne.c Corporate Officer— Tdle(s): Partner— Limited General Attorney in Fact Trustee Guardian or Conservator Other. Signer Is Representing. � �z�zrzrzrzrzrz+rzrcrz.,ci.�>ci=rz>ca. �LCZxZci�ci:�cC� 0 199r Ne1grW NAiry Asea:wlvr•93W De Sao Aw Po a 2402•cneis- CA 91313-2o2 wee W 69e2 ileaww Gee TO Fr"+4o0-e015-ae22 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 23, 2003 Terra-Cal Construction, Inc. 14530 Joan bridge.Street Baldwin Park, CA 91706 Re: CC-1176 — Murdy Park Reconfiguration Project Enclosed please find your original bid bond issued by Fidelity and Deposit Company of Maryland for CC1176. Connie Brockway, CHIC City Clerk CB:pe Enclosure (Telephone:714-536-5227) o D Fidelity and Deposit Company of Maryland ` Home Office: P.O. Box 1227,Baltimore,MD 21203-1227 �ZUt¢ 1 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Terra-Cal Construction,Inc. as Principal, (hereinafter called the"Principal'),and Fidelity and Deposit Company of Maryland 3910 Keswick Road,Baltimore MD,21211 ,a corporation duly organized under the laws of the State of Maryland , as Surety,(hereinafter called the"Surety"), are held and firmly bound unto City of Huntington Beach as Obligee,(hereinafter called the"Obligee"), in the sum of ten percent the amount bid in Dollars(S 10%""""""""""' ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Murdy Park Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and scaled this gth day of August A.D., 2003 Terra-Cal Cons,truction,,Inc. ci COURTNEY A. RD& ;Vitness / (SEAL) GREG7T P SIDENT Fidelity and Deposi omp y c f aryland _. ure BY_l (SEAL) Donna M.Green Witness JO D. ,Attorney-in-Fact Printed in cooperation with the American Institute of Architects(AIA)by Fidelity and Deposit Company of Maryland Fidelity and Deposit Company of Maryland vouches that the language in the document confanns exwdy to the Language used in AIA Document A-310,February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y �yr.ECL�'.ir•CSL-S` -�LY,�'2r.1¢!`-SC' ..L�+.t . .Z'('fiCCCfi<aL'Ys�f�.t'.(�.�C,�t� - y+ State of California County of LOS ANGELES ss. On AUGUST 13, 2003 , before me, COURTNEY A. ROACH, NOTARY PUBLTC Data Nerve r ntle of(Mcer(e.g.,'Jane Doe,Notary PUWK) personally appeared GREGG STRUMPF w n.)of signer(,) Cy personally known to me ❑ proved to me on the basis of satisfactory evidence �me to be the person(s) whose name(s) is/irk subscribed to the within instrument and COURT"erA.RGAclt acknowledged to me that he/"Shq executed _ Cemmissioni1292141 the same in hisll1of/rVVV authorized z Notary public Los Angekle c-Celiacour,;y,rgiq capacity(ies), and that by his/fJ�r{t��� MY C2rtm.Etpiros Jan 2t3 [ signature(s) on the instrument the person s), or C9 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Ptac Notary seatPbove COMNEY A. _ A {,'__NV1puwARY PUBLIC OPTIONAL U Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O t959 wawa Noury.u+maaon•9]5p a Sao ava..P.D.Bo.2Q2•Gauwtn.G M*2a02•....�aroo n P, e.WP 5W7 Rao,tlar.Cal To F.t mo-are•eez2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 8, 2003 before me, Donna M. Green, Notary Public, personally appeared JOHN D. HUNSINGER, ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name( is/are subscribed to the within instrument and acknowledged to me that he/shclt 'executed the same in his t e''c im a DONNA M. GREEN I authorized capacity(tes), and that by his/herklteir signature%on the ICOMM. #134,3158 ; instrument the person(, or the entity upon behalf of which the person' ROTARY°USUCG CALIFORMA OS a es COUNTY os acted, executed the instrument. SlyL WITNESS my hand and official seal. Signature of No60 ,� ;�• .a :e�,�-�F s�7Ts,�', "�" r- r;.-_�,-•.xy%},pYYfyry+�Tt; N:(�y�� 1: r- F •r-:..;. Though the data below is not required by law, it may prove valuable to persons relying on the document and could preve fraudulent reattachment of this fort. CAPACITY CLALNIED BY SIGNER DESCRIPTION OF ATTACHE CUM1iENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMI ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERV R OTHER: SIGNER IS SENTING: NAME ERSON(S)OR ENTITY(IES) ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is S_waived_ This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge ' from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed S 100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed S5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President,and T. E. SMITH,Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s 1� nate,constitute and appoint John D.HUNSINGER.of Pasadena,California, its true and t Pon act, to make,execute, seal and deliver, for,and on its behalf as surety, and as its act al akings and the execution of such bonds or undertakings in pursuan o s id Company, as fully and amply,to all intents and purposes, as 1f xe ,y,•g�} t ged by the regularly elected officers of the Company at its office in Ba re u r9e _ This power of attorney revokes that issued on behalf of John D. H The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- y,and is now in force. IN WITNESS N OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 18th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND e o By:T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland 1 ss: City of Baltimore f On this 18th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. UU Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 012-8570 TERRA-CAL CONSTRUCTION, INC. . 14530 JOANBRIDGE STREET BALDWIN PARK, CA 91706 (626) 960-3694 LIC #428093 A, B, C-27 sJ CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK 2000 MAIN STREET, 2ND FLOOR ; HUNTINGTON BEACH, CA 92648 "SEALED BID' FOR ° MURDY PARK IMPROVEMENTS 1 IN THE I' C. CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL BID FOR: "MURDY PARK IMPROVEMENTS " BID HATE: AUGUST 12, 2003 BID TIME: 2:00 PM 08/04/2003 16:07 7143741573 CHB DIG PAGE 02/11 Revision 1 SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 1 2.5 Site M bilizatio�0 A Acres @ Dollars 3QgDQ po Cents 2 2.5 Site Clearin , Grubbing& Demoli ion Acres @�j/n{ hero Jlu�,� Dollars QO- 00 N Cents a ySoo(00 3 610 Earthwork- Un lass fed F71 C.Y. @ ��/ Dollars Cents 4 6,600 Earthwork -Unclassified ExcavationfExport C.Y. @ Dollars g V0 YU, 00 Cents 5 1 2"DW M ter& Connection Each @ Cn �C Dollars I/ 00 l o 0 Cents 6 1 Sewer lean Out Each @14rp Dollars S00. 0o Spo. oa Cents 7 1 2" RPPBD-DW Each @ c! Dollars 70 0 o o oo. o d Cents 8 300 2" PV L C-41 ip- —Dollars /S- 0p �,l oo•oo Cents 9 300 4" PVC Pipe @.L.F. _ _Dollars AID Cents o. op /8oao. 0 ,0 10 1 Trash nclosurc, /te, and curb Lump Sum (a� V1 1,,t/°!7 /7ou,-15�1-4IZ Dollars C Cents ��oao. 06 /! 00000 11 520 French Drain / L.F. Dollars _ Cents3S,&G O. o 0 12 60 PCC L.on din I Gutter L.F. @ go Dollars e�0 00 00. o O Cents C-3 08/04/2003 16:07 7143741573 CHB EHG PaGE 03/11 Revision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 13 25 PCC Drat e Channcln If, Jc/{ Dollars Old D Cents 14 1 Park ay C lvert // / (Q� Wmp Sum @ � FWD �tivYytlC� Dollars Cents 15 400 Pedestrian C ncrete Paving S.F. @__ �/ (� Dollars 5, cc) -.*P, 000- cJo 0 Cents 16 9670 VehicuI oncrete Paving S.F. @ Dollars d 6-3 ov rt Ccnts 17 470 Enriched Pedestri n Concrete Paving S.F. @ J6, Dollars G-moo �, /�G/. p O _ 1 Cents 18 110 Enriched Vehicular oncrete Paving S.F. @ I Dollars k o o �o - o 0 Cents 19 42,150 Asphaltic oncrete Paving S.F. @ e Dollars /8 o 7S 870- v Cent' 20 12,515 Basketb Co rt Paving S.F. @ Dollars s �p �6 90Y SAS Cents 21 305 Concret andi g L.F. @ N r en Dollars Cents 22 1,100 Concrete Prb L.F. @ Qi: �e Dollars /a-So Cents 23 5 Curb R p �i �np, o Each G a t"{ ip Dollars C7 Cents 24 415 Curb & Gutte L.F. @ s l� -./P/A Do[tars C rya. o 0 1� Cents / G' O v G.6 4 0 25 235 Rail (including Mow Strip) L.F. @ Dollars eO. Oc7 y, /oo. o 0 Cents 26 1 Par t g Lot& Court Striping Lump Sum @01ti✓ �PQ.h �1c�t CLIn Dollars Cents /� 27 7 Parking Lot Signagc /� F-ach @ � n? h A t to o C G� - act Dollars /5'b O d / oSo, 00 Cents C4 08/04/2003 16: 07 7143741573 CHH DIG PAGE 04/11 Revision 1 ITEM ESTMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 28 1 Ligh Relocation 4, Site El ctncal 1 Lump Sum @ t j�u u✓ �w� „,�,UDollars Cents 29 2090 Temporary Construction Fence L.F. @ Dollars i ' Cents 30 1 Res/tr�oom Lump Sum @ l7fvi n,- ou <Jw"/ Dollars 91,000,00 Cents 31 4 Bench II ^^ (7 Each @ �J�et, �d�fecE }I Dollars ?, ( ID Cents Ts p-oo 3, o0 0. o0 32 5 Trash cccptacic ii Each @ )-ehlt n J nA AAc1Cj Dollars Too 00 3 o� o0 Cents _ 33 2 vo cybaV, Posts Net & Sleeve Sets (o q �lAA�G re ® Dollars /moo. oo N C7 Cents 34 1 Relo� te'd�Bask rball Uprights g Lump Sum @ Ian i1 �4,w1 Dollars Cents O eke?06 35 8 Back ards, Net & Rin n Each @ �i r.1AMv�e� Dollars Cents liOo. Op 1/8'60.0o 36 1 Automatic Irrigation System Lump Sum @ ` 6V Dollars Cents 37 41,050 Soil Preparation & Weed Abatement S.F. @ N v Dollars Cents 38 38,665 Hydrostolenized Turf S.F. @ N ( ) Dollars O Cents f 3 G O 39 352 1 Gallon Shrub Each @ i Dollars CentsO(��. Ov 40 214 5 G kon Sh b Each @ �1Ar Lf_ Dollars O � y a __ Cents f `/ 41 30 24" B x Tree (� Each @ T. 00 ' \U,'l/1jr J y{y�t¢c/Dollars ^Cents 42 2385 Shredded Fir Bark S.F. @ Dollars d 3a �L3. Centsab C-5 08/04/2003 16:07 7143741573 CHH Erie PAGE 05/11 Rcvision 1 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN�UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 43 6 Rclocatcd Tre Each O Dollars Cents y�oo.00 �S$D�,oU 44 1 90 E�y Plan tablishment Lump Sum @ :�)l LL Dollars L� O o O G1D G o o O,00 Cents 45 1 l Y r t Insta4tipti Maintcnanc Lump Sum @ Dollars Cents 46 65 6—" PVC, SD 35. F gs,& Concrete Backfill L.F ( �( +e�e Dollars Cents 47 X)=XX DIIOWOx$BiJ N&IX i1Rt.t?M PER ADDENDUM i2 LEX xxxxxxxxxxxxxxxxxxxxxxxxxxxXXXDA lit Cents 48 260 12" Wide Concrete Step-Off L.F. @ Dollars / / coo Cents 49 265 Gra,-;-fpavcrq S.F. Dollars `1 s o Cents BASE BID Total Amount Bid in Figures! S /7 O Total Amount Bid in Words' 6j A &r .. ouSOat/e-0 !i o//a v it C'cn,L PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identifie(Wisted below. The City shall award the contract based on the basis of the Project Ban Bid alone. Additive 38,665 Replace Line Item 38 with this item. Alternate#1 SY Sod Turf @ O Dollars 17o C-6 WIST OF SUBCONTRACTOR 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 a7 U�an, e /,i f Ail b7e,- 1 C , 4 k fir'c 74/,1 3 D f 3 Sr Ye- T C-33 oA _ 71, 5— 14 L �rtyG /iA 3 a 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. I That the AGENCY will be furnished copies of all subcontracts entered into and bonds • furnished by subcontractor for this project. C-7 WNCOLLUSION AFFIDAVI10 TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of Califomia ss. County of Orange GRFGG STRUMPF , being first duly swom, deposes and says that he or she is PRESIDENT ojTER RA-CAL CONSTRUCTION, 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 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 an}' corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. • TFRRA-CAL CONSTRUCTION_ INC. ;Name of Bidder Sign adder GRE C STR F, PRESIDENT SEE CALIF. ALL PURPOSE ACKNOWLEDGEMENT ATTACHED 14530 JOANBRIDGE STREET. BALDWTN PARK, CA 9170 Address of Bidder Subscribed and sworn to before me this 12ni day of AucusT 200,E . NOTARY PUBLIC • NOTARYSEAL C-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y •L�' :� •��-r--�•L'v:wr�::�'��L•n. zr�•� �'•��c�' Lrcrr-oz�crrrc�?'�'ti'r•��•n'zr��:•�' y' r State of California 1 ss. County of LOS ANGELES J On AUGUSTI2 , 2003 beforeme, COURTNEY A. ROACH, NOTARY PUBLIC Data Name and Title of Ofrrer(a g..-Jane Doe.Notary Public') personally appeared GREGG STRUMPF Nomo(s)of Signer(s) GY personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/irk _ subscribed to the within instrument and COOK rNcl A.R4gCry acknowledged to me that he/�Shq executed Commission a12921C the same in his/fy2//t�f¢i� authorized Notary Public- C f capacity(ies), and that by his/Ir Los Angclee County la signature(s) on the instrument the person s), or Co"" ems knzs,zoob the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS d and official seal. Pbce Notary Seal Above S lure of Nota,,Pub& COURTNEY A. OACH , NOTARY PUBLTC OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Ttle or Type of Document: NON COLLUS i ON Document Date: Number of Pages: Signer(s) Other Than Named Above: t Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual l Top of thumb here ❑ Corporate Officer—Tdle(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: t l O 1999 W V W Notary Ano ytipn•9]88 pa Sofa Aw..PO.Boy toot•CtuttwdT G 9t]I}2Ao2•wv.ntbuYoury.orq FeaQ No.M7 Faottlr.Lab TOFF.1-0 8]8-083] UTILITY AGREEMENT . HONORABLE .NLAYOR 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 Murdy Park Improvements, (n(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. TERRA-CAL CONSTRUCTION INC, Contractor By G GG STR PRESIDENT Title Date: AUGUST 12, 2003 C-9 DIS^LIFICATION QUESTIONN& 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 U 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 a Proposal shall constitute signature of this questionnaire. C-10 COMPOSATION INSURANCE CER*ICATE 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. TERRA-CAL CONSTRUCTION_ INC_ Contractor By G PRESIDENT Title • Date: AUGUST 12, 2003 • C-11 UPERGROUND SERVICE ALE* IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) • NOT APPLICABLE No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identifleation Number: TERRA-CAL CONSTRUCTION, INC. Contractor By G STRUMPF • PRESIDENT Title Date: AUGUST 12, 2003 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. . during the course of the Work Additional forms may be obtained from the AGENCY upon request. C•12 41 BIDDER'S INFORMATIOO BIDDER certifies that the following information is true and correct: • TERRA-CAL CONSTRUCTION, INC. Bidder Name 14530 JOANBRIDGE STREET, BALDWIN PARK, CA 91706 Business Address City, State Zip ( ) (626) 960-3694 Telephone Number N428093 A, B, C-27 State Contractor's License No. and Class SEPTEMBER 30, 1982 Original Date Issued • SEPTEMBER 30, 2004 Expiration Date The work site was inspected by CRAIG CLAKTDN of our office on 08/08/03 200_ The following are persons, firms, and corporations having a principal interest in this proposal: GREGG STRUMPF, PRESIDENT WILLIAM L. TYLER, SR. V.P. STEVEN PERZYNA, SECTY/TREAS. • C•13 The undersigned is prepareto satisfy the Council of the City of HAgton 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. TEREA-CAL CONSTRUCTION, INC. • Compan ame Sigii r GREGG STRU11PF PRESIDENT Printed or Typed Signature Subscribed and swom to before me this 1211ay of AUGUST , 200-.1 . COU"FYA R11, ^.ommiasron/1292148 1 S Nanry 'uDlk-CYlikmia 1 oa Argelm Counq NOTARY PUBLIC ' ' Whcomm Bum Jan 28 2005 COURTNEY A. NOTARY PUBLIC NOTARYSEAL 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: PLEASE SEE ATTACHED 1. • Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed • C-14 08/04/2003 16:07 7143741573 �-HB EPA" PAGE 01/11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MURDY PARK RECONFIGURATION PROJECT CC- 1176 Aigust 5, 2003 Notice To All Bidders' Please note the following revision to the Project Plans, Specifications, and TPChnlcal Provisions: 1 Use Revised Project Bid Schedule attached (Revised Line Item 10 to delete Transit Pipe and replace with Trash Enclosure Item, Line Item 38 to read " Hydrostolenized Turf added "including mow strip"to Line Item 25, Added Line Items 46-49 and the addition of Sod Add/Altemate) 2 Clarification Striping and Signage by Contractor, not City Forces 3 Please find attached, the pole base detail for the new and relocated light poles- Cost to be inciuded in Line Item No 28. 4 Replace Stainless Steel Door Asserriblies, Section 08110 with Fiberglass Reinforced Plastic Doors, Section 08220. (Attached, 5-sheets) 5. Revise Specification Section 02900, Item 3.06 to read "HYDROSTOLONIZED TURF" and Item 3.06 D to read "Hydrostolon nv)l shall be Paspalum Vagtnatunt as indicated on the drawings. Applied at the rate of 218 RtJ /AC 6 Add "The type of turf to be used shall be, Paspalum Viginatum. "Seashore Paspalum", or Pacific Sod (800) 942-5296 7 Sheet A-2. 14 of 30, Construction Note 7 should read "Stone Textured Concrete Column to Match Columns at Existing Community Center" Remainder of note to be deleted. 8 Existing Irrigation Controller 'A" is located near Golden We t Sl. se 600' run for bidding. FFRRA-CAL CON(zTRITCTION- TNC Company Name By C GG . F, PRESIDENT Auttusl_ 6, 2003 Date All bidders must acknowledge the receipt of this Addendum wth your bid proposal Should you have any questions regarding this Addendum please call Todd Broussard at (714) 536-5247 G:Corstrucnon Contracts(CCs)tCC1176,SpeCsO4deroum ; doc 08/05/2003 14:50 7143741573 Cl En; PAGE 01/01 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO Fn, MURDY PARK RECONFIGURATION PROJECT Cl 1176 August 6, 2003 Notice To All Bidders. Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Delete Line itern 47 from the Bid Schedule as it is already shown as Line Item 13 TFRRA—CAL CONSTRUCTION [W. IAI CompanyNan* By RE UMPF. PRESIDENT A['Cf'ST 12, 2003 Date All bidders must acknowledge the receipt o4 this Addendum Mn your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247 G.Zomtucll Cooveds(CCOCC117615oers'JndcMum 2.doc SECTION C • PROPOSAL for the MURDY PARK IMPROVEMENTS CASH CONTRACT No. 1176 in the CITY OF HUNTINGTON 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 file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the installation within 85 working days and perform the 90-day • plant establishment and one (1) year post-installation maintenance as described herein., 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. G1 If awarded the Contract, thadersigned agrees that in the event J&e 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 m n nnNn in the amount of Sin - eMnnN'r 21WKich 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 "Bidders Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received tB r' i nature t1 08/04/03 GREGG STRUMPF, ESIDENT 42 08/06/03 Yk\�-, GREGC STRUMPF, P ESIDENT • • C-2