HomeMy WebLinkAboutNEFF CONTRACTING CORPORATION - 1989-03-30LJ, & CITY OF HUNTINGTON BEACH
Lekv INTER -DEPARTMENT COMMUNICATION
HU MNOCOi BEACH
To ROBFRT J. FRANZ From ACCOUNTING & RECORDS
Deputy City Administrator
Subject 10 E ITION Date
The conformed copy of the Notice of Completion for the above contract has been filed. The
thirty-five (35) day waiting period has elapsed.
Payment of the )0% retention payment is recommended so long as no stop notices or
outstanding invoices are on fife with the City.
DAN T. V ,I,I-I.LA
Director of Finance
I certify that no stop notices are on file on the subject contract at this time. �a7
Date: 1O-s1—q�'1
LOUIS F. S NDOVAI.
Public Wor s Director
I certify that no stop notices are on file on the subject contract and that a guaranty bond
has been filed.
Date: D
/nidso ?;;V� / L'��
CONNIE SRO .K
)kotiaq City Clerk
J
I certify that there are no outstanding invoices on file.
Date:
DONALD WATSON
Citv Treasurer
0574J
WHEN RECORDED MAIL TO:
CONRs I%mtD COPY
CC-736
.;ITY OF HUNTINGTON BEA6
Not Compared with Origi, ,,
�— r 'l
-P�
Office of the City Clerk
EXEMPT
! *,J.
P. 0. Box 1-00
Huntrnvtun Beii lr Calif. 926&P
C18
NOTICE OF COMPLETION
r
�������
NOTICE IS HEREBY GIVEN that
the contract heretofore awarded by the City Council of
the City of Huntington Beach, California t0 Neff Contracting Corporation,
1124 N. Richfield Road, Anaheim, CA 92807
who was the company thereon for doing the following work to -wit:
Jacquelyn Lane Enhancement Project, CC-736.
RECORDED IN 6EFIQI4 RECORDS
OF ORANGE 0009. OAUFORNIA
1230
5EP 81989
PM
Q,CS,,.vJRECORDER
That said work was completed by said company according'to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and
that said work was accepted by the City Council of the City of Huntington Beach
at a regular meeting thereof held on Tuesday, September.5, 1989
That upon said contract the Insurance Company of the West
was sure"ty for -the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 6th
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
day of September
19 89
City C and e _
cid Clerk
of the City Council of the City
of Huntington Beach, California
I,CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio
Clerk of the City Council of the City of Huntington Beach, California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true
and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be
recorded in the Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this 6th day of September , 1989 .
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
free of charge.
��C&xXv"G-
City Clerk and ex -off io Cierk
of the City Council o the City
of Huntington Beach, California
pr� WHEN RECORDED MAIL TO:
a CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190
a>. Huntinvton Be tcli. Calif. 9264F
0
!!!
ELIP
C18
NOTICE OF COMPLETION
89-481 Z5T.
CC-736
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of
the City of Huntington Beach, California to Neff Contracting Corporation,
1124 N. ru C'L111C1U Rudd-, t111dhetnl, CA y'L 2iU
who was the company thereon for doing the following work to -wit:
Jacquelyn Lane Enhancement Project, CC-736.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
PM� SEP 8 1989
Q- 96t&v:dRECORDER
That said work was completed by said company according'to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and
that said work was accepted by the City Council of the City of Huntington Beach
at -.a regular meeting thereof held -on- - Luesday j September5, iiu9
That upon said contract the Insurance Company of the West
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 6th
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
day of September , 19 89 .
City Clerk and ex-officifif Clerk
of the City Council of the City
of Huntington Beach, California
I,GONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio
Clerk of the City Council of the City of Huntington Beach, California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true
and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be
recorded in the Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this 6th day of September , 1989 .
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
!►fee of charge.
City Clerk and ex-ofXIthe
io Clerk
of the City Council City
of Huntington Beach, California
REQUES FOR
P
CITY COUNCILr CTION
Date September 5, 1989
Submittedto• Honorable Mayor and City Council
Submitted by: Paul E. Cook, City Administrator
Prepared by: Louis F. Sandoval, Director of Public Works Y"
Subject: JACQUELYN LANE ENHANCEMENT PROJECT; CC-736
Consistent with Council Policy? f ] Yes [ ] New Policy or Exception
AppgOVED By CITY COUNCIi_
s 19 X�
�CY�ERK�
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Neff Contracting Corporation has completed the construction of the Jacquelyn Lane
Enhancement Project.
RECOMMENDATION:
I. Accept the improvements and authorize the City Clerk to file the Notice of Completion.
2. Approve the total contract cost of $413,403.10.
ANALYSIS:
On March 6, 1989, the City Council awarded a contract to Neff Contracting Corporation for the
Jacquelyn Lane Enhancement Project. The construction of these improvements are now
completed per the approved plans/specification; therefore, the Director of Public Works
recommends acceptance of the project and requests that the Notice of Completion be filed by
the City Clerk. The following is a summary of the contract costs:
Contract Amount:
Construction Contingencies (10%)
TOTAL
Council Approved
$330,000.00
60,000.00-
39, 000.00
$429,000.00
Actual Expenditure
357,768:10••
55,635.00••-
$413,403.10
' During construction of improvements on Jacquelyn Lane, the street became
deteriorated to a point beyond patching capabilities. On June 5, 1989, City Council
approved an additional $60,000.00 for reconstruction of a new structural street
section increasing the project amount to $390,000.00.
�• Actual field quantities for landscape, hlockwalls and concrete steps were greater
than estimated.
�•• Construction change orders included construction of new structural street section,
A.C. berm and wooded fence with gate, raising to grade water valve cans and sewer
manholes, installation of gate catch and irrigation mains with additional demolition,
tree removal, hand rail relocation and provide temporary street lighting. /
PIQ 5/85
FUNDING SOURCE:
Sufficient Community Development Block Grant Funds were budgeted for this project in
Account Number E-HG-PC-736-6-32-00.
ALTERNATIVE ACTION:
Not applicable
ATTACHM FLATS:
None
PEC:LGE-.LJT:iw
2162g/3
DECLARATION OF SATISFACTION OF CLAIMS
Elliott D. Neff Jr. President of
I, NEFF CONTRACTING CORPORATION , state:
Name of Contractor
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 JACQUELYN LANE IMPROVEMENTS CC 736
and dated March 30th, 1989
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 Corona, Calif. on this 2nd day of
AUGUST , 19 89 .
NEFF C RAC V1117, CORPORAT
BY; Pres.
igna r tractor)
r%
City of Huntington Beach
Department of Public Works
P.O. Box 190
Huntington Beach, California 92648
Attention:
Subject: Certification of Compliance with
Title VII of the Civil Rights Act
and Equal Employment Opportunity
Act of 1972
Gentlemen:
The undersigned, contractor on
CC 736 JACQUELYN LANE IMPROVEMENTS
Project No. Title
hereby certifies that all laborers, mechanics, apprentices, trainees,
watchmen and guards employed by him or by any subcontractor perform-
ing work under the contract on the project have 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.
Signature and Title
REQUEW FOR CITY COUN ~ACTION
Date Lane S 1999
Submitted to: Honorable Mayor and City Council Members
Submitted by: Paul E. Cook, City Administrator.,
1
Prepared by: £ Louis F. Sandoval, Director of Public Works
Subject: JACQUELYN LANE ENHANCEMENT PROJECT:,,
Consistent with Council Policy? [ ] Yes [ ] New Policy or Ex emp
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Vj
STATEMENT FI
Additional construction work is needed to complete the Jacquelyn Lane Enhancement
Project. The cost of this additional work requires approval of the City Council.
RECOMMENDATION: .
Approve additional funding for the Jacquelyn Lane Enhancement Contract, CC #736 in
the amount of $60,000 - increasing the project cost to $390,000.
AN ALY 51 :
During construction of improvement on Jacquelyn Lane the street became deteriorated
to a point beyond patching capabilities. The street requires reconstruction to include a
new structural street section. This improvement can be accomplished with existing
funding appropriated to Oakview circulation (street) improvements. This improvement
will add to the overall aesthetic improvements to the south Oakview area.
FUNDING SOURCE:
Community Development Block Grant Funds Account Number 894878 currently
appropriated to Oakview circulation improvements.
ALIERNATIVE ACTION
Do not approve the recommended street reconstruction and continue to cold patch the
street on an ongoing basis.
ATTACHMENTS -
None.
PEC/LFS/EN:sar
5054r
Plo 5/85
CITY OF HUNTINGTON BEACH.
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF SHE CITY CLERK
March 31, 1989
Neff Contracting Corp.
1124 N. Richfield Road
Anaheim, CA 92807
RE: Construction of Jacquelyn Lane Enhancement Project
PROJECT CC-736
Enclosed is your bid bond, a copy of the executed contract with the
City of Huntington Beach, a Certificate of Compliance form and the
Declaration of Satisfaction of Claims. The Certificate of Compliance
form and the Declaration of Satisfaction of Claims MUST BE RETURNED
TO THIS OFFICE AFTER THE PROJECT IS COMPLETE 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 Don Noble, Contract Administrator, 536-5441.
Connie Brockway
City Clerk
CB:js
cc: Don Noble, Public Works Dept.
Enclosures: Bid Bond
Cash Contract
Certificate of Compliance
Declaration of Satisfaction of Claims
(Telephone: 714.53&6227 )
CITY 8F HUNTINGT@N BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
March 31, 7 989
Damon Construction Co.
500 E. Gardena Blvd,
Gardena, CA. 90248
CALIFORNIA 92648
We are returning your Bid Bond which was submitted with your
proposal for the ,Jacquelyn Lane Enhancement Project, CC-736
in said city of Huntington Beach.
The contract for this job was awarded to Neff Contracting Corp.
of Anaheim..
We would like to take this opportunity to thank you for your
interest in submitting a proposal.
Connie Brockway
City Clerk
CB:bt:bas
Enclosure
(Telephone. 714-536-5227 )
0 •
CITY OF HUNTINGTON BEACH
` 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
March 31, 1989
Emco Contracting, Inc.
1540 Commerce, Suite H
Corona, CA. 91720
We are returning your Bid Bond which was submitted with your
proposal for the Jacquelyn Lane Enhancement Project, CC-736
in said City of Huntington Beach.
The contract for this job was awarded to Neff Contracting Corp.
of Anaheim.
We would like to take this opportunity to thank you for your
interest in submitting a proposal.
Connie Brockway
City Clerk
CB:bt:bas
Enclosure
11
(Telephone: 714-536-5227)
i
FEDERALLY FUNDED PUBLIC WORKS CONTRACT BETWEEN SHE
CITY QF HUNTINGTQN BEACH AND NEFF CONTRACTING CORPORATION
FOR JACQUELYN LANE IMPROV-DWNTS CC-73 6 )
THIS AGREEMENT is made and entered into on this 3 9 t'
day of 19 , by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and NEFF
CONTRACTING CORPORATION, a California corporation, hereinafter
referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project,
hereinafter referred to as "PROJECT," more fully described as the
construction of improvements to Jacquelyn Lane in the City of
Huntington Beach, California; and
CONTRACTOR has been selected and is to perform said work;
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made and exchanged, the parties covenant
and agree as follows:
1. STATEMENT OF_WORKi ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor,
plant, tools, equipment, supplies, transportation, utilities and
all other items, services and facilities necessary to complete and
construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or
damage arising out of the nature of the PROJECT, during its
progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered
in the prosecution of work, and for all other risks of any
description connected with the work, including, but not limited
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E
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 under them for the compensation set forth in
the accepted bid proposal.
However, the total compensation to be paid is to be computed
on the basis of the units of work as it is actually performed, in
accordance with the stipulated prices named in the Hid Sheet(s).
2. ACCEPTANCE OF CQDITIONS OF WORK; PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with
all the terms, conditions and obligations of this Agreement and
the Contract Documents (as hereinafter defined), the location of
the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its
investigation of all such matters and is relying in no way upon
any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated
into this Agreement by this reference, with the same force and
effect as if the same were set forth at length herein, and that
CONTRACTOR and its subcontractors, if any, shall be bound by said
Contract Documents insofar as they relate in part or in any way,
directly or indirectly, to the work covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
-2-
le, 0
•
B. Bonds covering the work herein agreed upon;
C. The 1988 edition of Standard Specifications for
Public works Construction, published by Builder's News, Inc., 3055
Overland Avenue, Los Angeles, California 90034, 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;
D. Bid documents including the Notice Inviting Bids,
the Special Instructions to Bidders and the Contractor's Proposal
(attached hereto as Exhibit "A");
E. The particular plans, specifications, special
provisions and addenda applicable to the PROJECT. Anything
mentioned in the Specifications and not indicated in the Plans or
indicated in the Plans and not mentioned in the Specifications,
shall be of like effect as if indicated and mentioned in both. In
case of discrepancy between any plans, specifications, special
provisions, or addenda, the matter shall be immediately submitted
by CONTRACTOR to the Department of Public Works of CITY
(hereinafter referred to as "DPW"), without whose decision said
discrepancy shall not be adjusted by CONTRACTOR, save only at its
own risk and expense.
Should there be any conflict between the terms of this
Agreement and the bid or proposal of CONTRACTOR, then this
Agreement shall control and nothing herein shall be considered as
an acceptance of the terms of said bid or proposal which is in
conflict herewith.
-3-
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept asfull
compensation for the faithful performance of this Agreement,
subject to any additions or deductions made under the provisions
of this Agreement or the Contract Documents, the sum of Three
Hundred Thirty Thousand and no/100 Dollars ($330,000.00) as set
forth in the Contract Documents, to be paid as provided for in
Sections 1, 6, 21 and 22 herein.
CONTRACTOR agrees to commence the PROJECT within ten (10)
working days after notice to proceed is issued and shall
diligently prosecute PROJECT to completion within sixty (60)
calendar/working days from the execution of this Agreement by
CITY, excluding delays provided for in Section 19 herein.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of
the essence in the performance of this Agreement and each and
every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required
by the Contract Documents for all shop drawings, details and
samples, and do all other things necessary and incidental to the
prosecution of its work in conformance with the progress schedule
set forth in the Contract Documents. CONTRACTOR shall coordinate
its work with the work of all other contractors, subcontractors
and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in
accordance with Section 4 herein. CITY shall have complete
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I -]
control of the premises on which the work is to be performed and
shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority
of the work of other contractors, subcontractors and CITY forces
and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and
specifications set forth in the Contract Documents unless a change
therefrom is authorized in writing by the DPW. CONTRACTOR agrees
to make any and all changes, furnish materials and perform all
work necessary within the scope of the PROJECT as the DPW may
require in writing. Under no condition shall CONTRACTOR make any
changes without the written order of the DPW, and CITY shall not
pay any extra charges made by CONTRACTOR that have not been agreed
upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit
immediately to the DPW a written cost proposal reflecting the
effect of the change. Should the DPW not agree to such cost
proposal, the work shall be performed according to the changes
ordered in writing by the DPW and the proper cost thereof shall be
negotiated by the parties upon cost and pricing data submitted by
the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted
upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be
performed or furnished under this Agreement unless and until a
Q•is
Notice to Proceed has been given to the CONTRACTOR by CITY. CITY
does not warrant that the work site will be available on the date
the Notice to Proceed is issued. In event of a delay
incommencement of the work due to unavailability of the job site,
for any reason, relief to the CONTRACTOR shall be limited to a
time extension equal to the delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance
of this Agreement, furnish the following bonds approved by the
City Attorney: One in the amount of one hundred percent of the
contract price to guarantee the CONTRACTOR'S faithful performance
of the work and to warrant such performance for a period of one
(1) year after CITY'S acceptance thereof, and one in the amount of
one hundred percent (100%) of the contract price to guarantee
payment of all claims for labor and materials furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done
under this Agreement including, but not limited to, any
installation, fabrication, material or structural facilities
constructed. CONTRACTOR, within ten (10) days after notice by
CITY of any defect in the work, shall have the option to make
appropriate repairs or replace the defective item or items. Upon
expiration of such ten (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR'S risk and expense.
10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
CONTRACTOR agrees to comply with all requirements and
utilize fair employment practices in accordance with the
California Government Code Sections 12900 et seq.
11. CALIFORNIA PREVAILING WAGE LAW
The CITY has ascertained from the Director of Industrial
Relations of the State of California the general prevailing rate
of per diem wages and the general prevailing rate for legal
holiday and overtime work in the locality in which the work is to
be performed for each craft or type of work needed to execute this
Agreement, and the same has been set forth by resolution on file
in the office of the City Clerk of CITY. CONTRACTOR and any
subcontractor under it shall pay not less than said prevailing
wage rates to all workers employed on this Public Works Agreement,
as required by California Labor Code Sections 1771 and 1774. In
accordance with the provisions of Section 3700 of the California
Labor Code, CONTRACTOR agrees to secure payment of compensation to
every employee.
12. CALIFORNIA PREVAILING WAGE LAW - PENALTY
Pursuant to Section 11 of this Agreement and in
accordance with Section 1774 and 1775 of the California Labor
Code, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five
dollars ($25.00) for each calendar day or portion thereof for each
worker paid (either by CONTRACTOR or any of its subcontractors)
less than the prevailing wage rate established for that particular
craft or type of work.
13. CALIFQRNIA EIGHT -HOUR LAW
California Labor Code, Article 3, Chapter 1, Part 7
(Sections 1810 et seq.) shall apply to the performance of this
Agreement; thereunder, not more than eight (8) hours shall
constitute one day's work and CONTRACTOR and each subcontractor
employed by it hereunder, shall not require more than eight (8)
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•
•
hours of labor per day or forty hours per week from any one person
employed by it hereunder, except as stipulated in California Labor
Code Section 1815. CONTRACTOR and each subcontractor employed by
it hereunder shall, in accordance with California Labor Code
Section 1812, keep an accurate record, open to inspection at all
reasonable hours, showing the name and actual hours worked each
calendar day and each calendar week by each worker employed in
connection with the PROJECT.
14. CALIFORNIA Ex T- 0 LAW - PENALTY
Pursuant to Section 13 of this Agreement and in
accordance with California Iabof Code Section 1813, CONTRACTOR
shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00)
for each worker employed hereunder by CONTRACTOR or any
subcontractor for each calendar day during which such worker is
required or permitted to work more than eight (8) hours in any one
(1) calendar day or forty (40) hours in any one (1) calendar week
in violation of California Labor Code Section 1815.
15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
Section 1773.8 of the California Labor Code, regarding
the payment of travel and subsistence payments, is applicable to
this PROJECT.
16. EMPLOYMENT OF APPRENTICES
Section 1777.5 of the California Labor Code, regarding
the employment of apprentices, is applicable to this PROJECT.
17. PAYRQLL RECORDS
CONTRACTOR agrees to keep accurate payroll records
showing the name, address, social security number, work
classification, straight time and overtime hours worked each day
0
•
and week, and the actual per diem wages paid to each journeyman,
apprentice or worker employed by it in connection with the PROJECT
and agrees to require each of its subcontractors to do the same.
CONTRACTOR further agrees that its payroll records and those of
its subcontractors, if any, shall be available at all reasonable
times to the CITY, the employee or his representative, and the
Division of Labor Standards Enforcement and the Division of
Apprenticeship Standards, and to comply with all of the provisions
of California Labor Code Section 1776, in general.
18. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and
shall be, acting at all times hereunder as an independent
contractor and not as an employee of CITY. CONTRACTOR shall
secure, at its expense, and be responsible for any and all payment
of income tax, social security, state disability insurance
compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees,
and all business licenses, if any, in connection with the PROJECT.
19. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total
work called for hereunder is not in all parts and requirements
finished or completed within the number of working/calendar days
as set forth in Section 4 herein, damage will be sustained by
CITY; and that it is, and would be, impractical and extremely
difficult to ascertain and determine the actual damage which CITY
would sustain in the event of and by reason of such delay; it is,
therefore, agreed that CONTRACTOR will pay to CITY, as liquidated
damages and not as a penalty, the sum of Three -Hundred and no/100
-9-
Dollars ($300.00) per day for each and every working day's delay
in completing the work in excess of the number of working/calendar
days set forth in Section 4 herein, which sum represents a
reasonable endeavor by the parties hereto to estimate a fair
compensation for the foreseeable losses CITY would sustain in the
event of and by reason of such delay; and CONTRACTOR agrees to pay
said damages herein provided, and further agrees that CITY may
deduct the amount thereof from any monies due or that may become
due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will
not be assessed damages for any portion of the delay in completion
of the work due to unforeseeable causes beyond the control and
without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods,
epidemics, quarantine restrictions, strikes, unsuitable weather,
or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the
beginning of any such delay (unless the DPW shall grant a further
period of time prior to the date of final settlement of the
Agreement), notify the DPW in writing of the cause of the delay
and CITY shall extend the time for completing the work if, in its
judgment, the findings of fact thereon justify the delay; and the
decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or
completion of the work by the act, neglect or default of CITY, or
should CONTRACTOR be delayed waiting for materials required by
this Agreement to be furnished by CITY, or by damage caused by
fire or other casualty at the job site for which CONTRACTOR is not
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responsible, or by the combined action of the workers, in nowise
caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time
herein fixed for the completion of the work shall be extended by
the number of days the CONTRACTOR has thus been delayed, but no
allowance or extension shall be made unless a claim therefor is
presented in writing to CITY within fifteen (15) days of the
commencement of such delay.
No claims for additional compensation or damages for
delays, irrespective of the cause thereof, and including without
limitation the furnishing of material by CITY or delays by other
contractors or subcontractors, will be allowed and said extension
of time for completion shall be the sole remedy of CONTRACTOR.
20. DIFFERING SITE CQNDITIONS
(1) Notice The CONTRACTOR shall promptly, and before
such conditions are disturbed, notify the DPW in writing of:
(a) subsurface or latent physical conditions at the
job site differing materially from those indicated in this
Agreement or the Contract Documents; or,
(b) unknown physical conditions at the job site, of
an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent to work of the
character to be performed under this Agreement. The DPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and cause an increase or
decrease in the time required for performance of any part of the
work under this Agreement, whether or not changed as a result of
such conditions, an equitable adjustment shall be made and the
-11-
Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under
this Section shall be allowed unless the CONTRACTOR has given the
notice required hereunder, provided, however, the time prescribed
therefor may be extended by CITY.
21. YARIATIQNS IN E$TIMATED QUANTITIES
The quantities listed in the bid schedule will not govern
final payment. Payment to the CONTRACTOR will be made only for
the actual quantities of contract items used in construction of
the PROJECT, in accordance with the plans and specifications.
Upon completion of the PROJECT, if the actual quantities used are
either more than or less than the quantities listed in the bid
schedule, the bid price shall prevail subject to the provisions of
this Section. The DPW may, at its sole discretion, when warranted
by the facts and circumstances, order an equitable adjustment,
upwards or downwards, in payment to the CONTRACTOR where the
actual quantities used in construction of the PROJECT are in
variation to the quantities listed in the bid schedule. No claim
by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under
this Agreement. If the quantity variation is such as to cause an
increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for
extending the completion date as in its judgment the findings
warrant.
22. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of
the work performed by CONTRACTOR and the value thereof. From each
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progress estimate, ten percent (10%) will be deducted and retained
by CITY and the remainder, less the amount of all previous -
payments since commencement of the work, will be paid to
CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW,
faithfully executed fifty percent (50%) or more of the value of
the work as determined from the bid schedule, and if the DPW finds
that satisfactory progress has been and is being made, the
CONTRACTOR may be paid such sum as will bring the payments of each
month up to one hundred percent (100%) of the value of the work
completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained
amounts. The final payment, if unencumbered, or any part thereof
unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by
CITY. Payments shall be made on demands drawn in the manner
required by law, each payment to be accompanied by a certificate
signed by the DPW, affirming that the work for which payment is
demanded has been performed in accordance with the terms of the
Agreement and that the amount stated in the certificate is due
under the terms of the Agreement. Partial payments on the
contract price shall not be considered as an acceptance of any
part of the work.
23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon,
CITY shall permit the substitution and deposit therewith of
securities equivalent to the amount of any monies withheld by CITY
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•
to ensure performance under Section 22 of this Agreement.
24. AFFIDAVITS OF SATISFACTION QF CLAIMS
After the completion of the work contemplated by'this
Agreement, CONTRACTOR shall file with the DPW its affidavit
stating that all workers and persons employed, all firms supplying
materials and all subcontractors upon PROJECT have been paid in
full and that there are no claims outstanding against PROJECT for
either labor or material, except certain items, if any, to be set
forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under
the provisions of the statutes of the State of California.
25. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final
certificate shall constitute a waiver of all claims against CITY
under or arising out of this Agreement.
26. INDEMNIFICATION. -DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify
and hold and save harmless CITY, its officers, and employees
against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from death or
injury to CONTRACTOR'S employees and damage to property, arising
directly or indirectly out of the obligations herein undertaken by
CONTRACTOR, or out of the operations conducted by CONTRACTOR,
including those arising from the passive concurrent negligence of
CITY, but save and except those which arise out of the active
concurrent negligence, sole negligence or the sole willful
misconduct of CITY. CONTRACTOR will conduct all defense at its
sole cost and expense. Any costs of defense or attorney's fees
-14-
•
•
incurred by CITY in enforcing this obligation will be reimbursed
to CITY by CONTRACTOR or may be awarded to CITY by a court of
competent jurisdiction as costs pursuant to California Code of
Civil Procedure S 1021.
27. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861,
CONTRACTOR acknowledges awareness of Section 3700 et seq. of said
code, which requires every employer to be insured against
liability for workers' compensation; CONTRACTOR covenants that it
will comply with such provisions prior to commencing performance
of the work hereunder.
CONTRACTOR shall maintain Workers' Compensation
Insurance in an amount of not less than Five Hundred Thousand
Dollars ($500,000) bodily injury by accident, each accident,Five
Hundred Thousand Dollars ($500,000) bodily injury by disease, each
employee, One Million Dollars ($1,000,000) bodily injury by
disease, policy limit; and CONTRACTOR shall, prior to commencing
performance of the work hereunder, furnish to CITY, on a form
approved by the City Attorney, a certificate evidencing such
insurance; said certificate shall include a provision that the
insurer shall notify CITY at least thirty (30) days prior to any
cancellation or modification of said insurance policy; and
CONTRACTOR shall notify CITY at least thirty (30) days prior to
any cancellation or modification of such policy. Said insurance
shall not derogate from the provisions for indemnification of CITY
by CONTRACTOR under Section 26 of this Agreement.
CONTRACTOR shall require all subcontractors to provide
such Workers' Compensation Insurance for all of the
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subcontractors' employees. CONTRACTOR shall furnish to CITY a
certificate of waiver of subrogation under the terms of the
Workers' Compensation Insurance and CONTRACTOR shall similarly
require all subcontractors to waive subrogation.
28. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on
all operations to be performed hereunder, general liability
insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and
non -owned vehicles. Said insurance policies shall name the County
of Orange, the CITY and its officers, agents and employees, and
all public agencies as determined by the CITY as Additional
Insureds. CONTRACTOR shall subscribe for and maintain said
insurance in full force and effect during the life of this
Agreement, in an amount of not less than One -Million Dollars
($1,000,000) combined single limit coverage. If coverage is
provided under a form which includes a designated aggregate limit,
such limit shall be no less than Two -Million Dollars ($2,000,000).
In the event of aggregate coverage, CONTRACTOR shall immediately
notify CITY of any known depletion of aggregate limits.
CONTRACTOR shall require its insurer to waive its subrogation
rights against CITY and agrees to provide certificates evidencing
the same.
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Before CONTRACTOR performs any work at, or prepares or
delivers materials to the site of Construction, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of
the City Attorney evidencing the foregoing insurance coverages;
said certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently
in force and will not be cancelled without thirty (30) days
written notice to CITY. CONTRACTOR shall maintain the foregoing
insurance coverages in force until the work under this Agreement
is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance
shall not derogate from the provisions for indemnification of CITY
by CONTRACTOR under Section 18 of this Agreement. CITY or its
representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. CONTRACTOR
shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
29. DEFAULT AND TERMINATIQN
If CONTRACTOR fails or refuses to prosecute the work
hereunder with diligence, or fails to complete the work within the
time specified, or is adjudged a bankrupt or makes an assignment
for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the Contract Documents, CITY may
give notice in writing of its intention to terminate this
Agreement. Unless the violation is cured within ten (10) days
after such Notice of Intention has been served on CONTRACTOR, CITY
may, without prejudice to any other remedy it may have, terminate
this Agreement upon the expiration of that time. Upon such
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•
default by CONTRACTOR, CITY may elect not to terminate this
Agreement; in such event CITY may make good the deficiency in
which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be
performed hereunder, or upon earlier termination of this
Agreement, all original plans, specifications, drawings, reports,
calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property
at no further cost.
31. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or
encumber this Agreement, or any part hereof, or any right or duty
created herein, without the prior written consent of CITY and the
surety.
32. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular
CITY employee in the work performed pursuant to this Agreement.
No officer or employee of CITY shall have any financial interest
in this Agreement in violation of California Government Code
Sections 1090 et seq.
33. ATTORNEY'S FEES
If any action of law or in equity becomes necessary to
enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs, and
necessary disbursements in addition to any other relief to which
that party may be entitled. If any action is brought against
-18-
•
CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice
to Withhold which names CITY as a party to said action or by
reason of which CITY incurs expenses, CITY shall be entitled to
reasonable administrative and attorney's fees, costs and
necessary disbursements arising out of the processing of said Stop
Notices, Notices to Withhold, or any similar legal document
necessary to the prosecution of such action. Said obligation
shall be provided for in the labor and materials payment bond
required of CONTRACTOR. CITY may charge an administrative fee of
One -hundred Dollars ($100) for every Stop Notice filed in excess
of two, regardless of whether or not CITY is named in an action.
CITY may set off any unreimbursed cost or expense so incurred
against any sum or sums owed by CITY to CONTRACTOR under this
Agreement.
34. NOTICES
All notices required or permitted hereunder shall be
delivered in person or by registered or certified mail to an
authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other
place designated in writing by such party.
35. CAPTIONS
Captions of the Sections of this Agreement are for
convenience and reference only, and the words contained therein
shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this
Agreement.
36. FEDERAL PARTICIPATION
The PROJECT pursuant to which the work covered by this
-19-
LI
Agreement is being executed is being assisted by the United States
of America, and the Contract Provisions embodied in Sections 37-44
are included in this Agreement in accordance with the provisions
applicable to such federal assistance. As federal funds are
financing all or part of this work, all of the statutes, rules and
regulations promulgated by the Federal government and applicable
to the work will apply, and CONTRACTOR agrees to comply therewith.
37. DAVIS-BACON ACT
CONTRACTOR agrees to pay and require all subcontractors
to pay all employees on said PROJECT a salary or wage at least
equal to the prevailing rate of per diem wage as determined by the
Secretary of Labor in accordance with the Davis -Bacon Act for each
craft or type of worker needed to perform this Agreement.
CONTRACTOR agrees to comply with all applicable federal labor
standards provisions; said provisions are incorporated herein by
this reference.
38. DISCRIMINATION, MINORITIES. _ALIENS
CONTRACTOR shall not discriminate nor allow its
employees, agents, principals, or subcontractors to discriminate
against any employee or applicant for employment on the basis of
race, religious creed, national origin or sea. CONTRACTOR shall
take affirmative steps to hire local qualified minority
individuals when job opportunities occur and utilize local
business firms when possible.
39. EQUAL EMPLOYNENT QPPORTUNITY
The CONTRACTOR will comply with all provisions of
Executive Order 11246, entitled "Equal Employment Opportunity,"
and amended by Execu-tive Order_11375, and as supplemented in
-20-
Department of Labor regulations (41 CFR Part 50).
CONTRACTOR is required to have an affirmative action plan
which declares that it does not discriminate on the basis of race,
color, religion, creed, national origin, sex or age to ensure
equality of opportunity in all aspects of employment.
Section 503 of the Rehabilitation Act of 1973 prohibits
job discrimination because of handicap and requires affirmative
action to employ and advance in employment qualified handicapped
workers.
Section 402 of the Vietnam Era Veterans' Readjustment
Assistance Act of 1974 prohibits job discrimination and requires
affirmative action to comply and advance in employment (1)
qualified Vietnam veterans during the first four (4) years after
their discharge and (2) qualified disabled veterans throughout
their working life if they have a thirty percent (30%) or more
disability.
To assure compliance with these requirements, the
CONTRACTOR shall provide the CITY its written affirmative action
plan prior to commencement of work. The CONTRACTOR is required to
provide the CITY with a listing of its subcontractors together
with a completed affirmative action program from each
subcontractor when applicable.
40. COPELAND "ANTI -KICKBACK" ACT
CONTRACTOR and its subcontractors shall comply with the
provisions of the Copeland "Anti --Kickback" Act, as supplemented in
Department of Labor regulations, which Act provides that each
shall be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public
-21-
•
•
work, to give up any part of the compensation to which he is
otherwise entitled.
41. CQNTRACT WORK HOURS AND SAFETY S16NDARDS
The CONTRACTOR shall comply with the provisions of
Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 USC 327-330) as supplemented by Department of
Labor regulations (29 CFR, Part 5). Under Section 103 of the Act,
each CONTRACTOR shall be required to compute the wages of every
mechanic and laborer on the basis of a standard workday of eight
(8) hours and standard workweek of forty (40) hours. Work in
excess of the standard workday or workweek is permissible provided
that the worker is compensated at a rate of not less than 1-1/2
times the basic rate of pay for all hours worked in excess of
eight (8) hours in any calendar day or forty (40) hours in the
workweek. Section 107 of the Act is applicable to construction
work and provides that no laborer or mechanic shall be required to
work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as
determined under construction, safety and health standards
promulgated by the Secretary of Labor. These requirements do not
apply to the purchase of supplies or materials or articles
ordinarily available on the open market or contracts for
transportation.
42. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER
QG) 1�0, 0 . a . b
(a) CONTRACTOR stipulates that all facilities to be
utilized in the performance of this Agreement were not listed, on
the date of Contract award, on the United States Environmental
-22-
i
•F
•
Protection Agency (EPA) List of Violating Facilities, pursuant to
40 C.F.R. 15.20.
(b) The CONTRACTOR agrees to comply with all of the
requirements of Section 114 of the Clean Air Act and Section 308
of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
(c) The CONTRACTOR shall promptly notify the CITY of the
receipt of any communication from the Director, Office of Federal
Activities, EPA, indicating that a facility to be utilized
pursuant to this Agreement is under consideration to be listed on
the EPA List of Violating Facilities.
(d) The CONTRACTOR agrees to include or cause to be
included the requirements of paragraph (a) through (d) of this
section in every nonexempt subcontract, and further agrees to take
such action as the Government may direct as a means of enforcing
such requirements.
43. ENERGY CONSERVATION
Agreements with federal participation shall recognize
mandatory standards and policies relating to energy efficiency
which are contained in the State energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (P.L.
94-163).
44. HOU, I NG _AND _URBAN DEVELQPPMENT
CONTRACTOR agrees to comply with any and all rules,
regulations, guidelines, procedures and standards of the United
States Department of Housing and Urban Development and complete
any and all reports and forms that may be required in accordance
therewith.
-23-
M
45. ENTIRETY
The foregoing represents the entire Agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
CONTRACTOR:
NEFF CON RA ING CORPORATION
a Cali n' orporati
iott D. Ne J .
Preside /Secrerry/Treasurer
ohn Finch
General Manager
ATTEST:
qW
City Clerk __���
REVfXP ND AB OV�;Ut:
City Administrator
CITY OF HUNTINGTON BEACH,
A municipal corporation o
the St to of Cal' rni
Mayor
APPROVED AS T FORM:
City Attor QpP�
3
C-,G. f4 3-20
INITIATED A APPROVED:
Director of Public Works
-24-
State of CALIFORNU
County of ORAN C E
OFFICIAL SEAL'
MICHAEL U. 5TON9
Notary public-Catifornfr
PRINCIPAL OFFICE IN
RIVERSME COUNTY
toy Commi:aon Exp H-18-91
)SS.
On AIARCFf 29, 1989 , before me, the undersigned, a
Notary Public of said county and state, personally appeared, personally
known to me or proved to me on the basis of satisfactory evidence,
MICHAEL A. QUIGLEY
known to me to be the Attorney -in -Fact of
INSURANCE COMPANY OF THE WEST
the Corporation that executed the within instrument, and known to me to
be the person who executed the said instrument on behalf of the
Corporation therein named, and acknowledged to me at such Corpor-
ation executed the same.
t
4e
PAYMENT BOND —PUBLIC WORKS Bond No. 02 64 83
PREMIUM: INCLUDED IN PERFORMANCE BOND
INSURANCE COMPANY OF THE WEST
HOME OFFICE • SAN DIEGO
KNOW ALL MEN BY THESE PRESENTS:
That we, NEFF CONTRACTING CORPORATION as Principal,
and Insurance Company of the West , incorporated under the laws of the State of California and
authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named
in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate
total of **THREE HUNDRED THIRTY THOUSAND AND N0/100**
Dollars, ($ 330,000.00 �
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors
and assigns, jointly and severally, firmly by these presents.
The Condition of the foregoing obitgation is such that; whereas the above bounden Principal has entered into a contract, dated
MARCH 24 , 1989 , with the CITY OF HUNTINGTON BEACH
to do the following work, to -wit: JACQUELYN LANE IMPROVEMENTS CASH CONTRACT #736
Now, Therefore, if the above bounden Principal contractor, person, company or corporation, or his or its sub -contractor, fails to pay
any claimant named in Section 3181 of the Civil Code of the'State of California, or amounts due under the Unemployment Insurance
Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount
not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonaole attorney's fee,
which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit.
This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a
right of action to them or their assignees in any suit brought upon this bond.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in
Civil Code, Sections 3247-3252 inclusive, and all amendments thereto.
Signed and Sealed this 24TH day of MARCH
JCWCAL-123
APPROVED AS TO FORM:l
GAIL BUTTON,,, City Attorney
By: DDepuyty, City Attorney
ol Prcv�o+> PRf�)
NEFF CONTRACTING CORPORATION
Principal
INSURANCE FOMPAMY OF THE WrST
By
.19 89
Atlorre•y-ir:-Fact
INSURANCE COMPANY OF THE WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing
under the taws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate,
constitute and appoint: MICHAEL D. STONG
its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute,
seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof,
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of
February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete
Copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and
on behalf of the Company, and either the President or Secretary, the Board of Director$ or Executive Committee may at any time
remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further
"RESOLVED: That the Attorney -in -fact may be given full power to execute for and in the name of and on behalf of the Company
any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by
any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the
Secretary."
IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to
be signed by its duly authorized officers this 21ST DAY OF OCTOBER 1986
INSURANCE COMPANY THE WEST
>�
Vf �
�4801k* President
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
On this 21ST DAY OF OCTOBER 'Wore the subscriber, a Notary Public of the State of California, in and for the County of
San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST,
to me personally known to be the individual and officer described in ano who executed the preceding instrument, and he acknow-
ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature as such officer were duly affixed and Subscribed to the said instrument by the authority and
direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year
first above written.
1M'f.'t'. Y.'i4!'hrsir'rrLY
041C-ASEAL
it,'jR A PIORTER
pio
r �.:' i=r • C+.GOS+lIA Notary Public
� ... :.r f,?a a. ]tea
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO 55:
I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, 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, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation,
this 24TH day of MARCH 19 89
F
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03/24/89
PRODUCER
TWIG Cn'rlPICAYV IS ISSUED AS a AAT?n OP INUMNJOATION (PLY AND rxbrull
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HUNTINGTON BCH., CA 92648
AlnlC =�REPIM
ft 3 a' MTJ 2—",—
3 INV) L
SENT Err' EARfIICOAT DOfIAHI_iE cc ==:4�DAP1 ^147=:� �g4 ?14 99-: 0-754 :# _
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
I
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement Rtodifie5 insurance provided under the following:
COMMERCIAL GENERAL'_i.h81LITY COVERAGE PART,
I
SCHEDULE
Name of Person or OrEanization: i
I
I
CM OF HUNTING ON BFA�-i
2000 MIM Sir i
H[JNT' INC'IC)N BEACH, CA 9 2 e a
(If no entry zppears above, information required to complet: this'endorsemen; rri11 be s`tawn in the neclaratior^s
as applicable to this endorsement.;
WHO IS AN INSURED (Section ll) is ar,-nended to irnclude a5 an insured the person or or¢ar,iz1�tian shovm in the
Schedule, but only with respect to liaoilli:y arising CtJi of "your wCrk'' for t~3t insured by or for you.
CG 20 10 11 25 Ccpvrignt, Insurance Services Office, 198- _
r!�
MAR 2 4 1989
State of CALIFORNIA On , before me, the undersigned, a
SS. Notary Public of said county and state, personally appeared, personally
Countyof RIVERSIDE /// known to me or proved to me on the basis of satisfactory evidence,
MICHAFI_ D. STONG
known to me to be the Attorney -in -Fact of
INSURANCE COI",Pt.,NY OF THE WEST
the Corporation that executed the within instrument, and known to me to
O
FFICIAL SEAL be the person who executed the said instrument on behalf of the
R R I E ! PRICE
7Corporation therein named, and acknowledged to me that such Corpor-
PuCI�C- �dSIIL1111a �
CIPAL OFFICE IN ation executed the same.
ERIIPI COl1MTY
s55i6n Exp 12.26.1992
NOTARY PUBLIC
E
r 4L
INSURANCE COMPANY OF THE WEST
I. C. W. PARK P. O. BOX 81063
SAN DIEGO, CALIFORNIA 92138
PERFORMANCE BOND
Bond No. 02 64 83
PREMIUM: $5,950.00
KNOW ALL MEN BY THESE PRESENTS: That we, NEFF CONTRACTING CORPORATION
(hereinafter called "Principal") as Principal, anrf_ Insurance Company of the West , a corporation organ-
ized and existing'under the laws of the State of _ California and authorized to transact business in the State of CALIFORNIA
(hereinafter' called "Surety"), as Surety, are held firmly bound unto CITY OF HUNTINGTON BEACH
(hereinafter called "Obligee"), as Obligee, in the penal sum of **THREE HUNDRED THIRTY THOUSAND AND NO/100**
Dollars (s 330, 000.00 ), good and lawful money of the United States of America, for the payment of which, well and truly to
be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.
Signed, Sealed and Dated this 24TH day of MARCH 1989
Whereas, the above bounden Principal has entered into a certain written contract with the above -named Obligee, dated the
24TH day of MARCH 1989 for JACQUELYN LANE IMPROVEMENTS CASH CONTRACT #736
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and
truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be
by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make
good and reimburse to the above -named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default
on the part of said Principal, then this obligation shall be void; otherwise to be and remain in full force and effect.
1
f.
qr
APPROVED AS TO FORM:I
GAIL HUTTON„ City Attorney
By: eputy City Attorney,
ICW-CAL-122
State of CAUFORNU
CarantyRl� RIVERSIDE )SS.
OFFICIA:Ca!�dqm!a
CARRIE
Noiafy Publ
x oPAINCIPALN
RSVERSJ YAny Coromrsssion -1992
MAR 2 4 1989
On , before me, the undersigned, a
Notary Public of said county and state, personally appeared, personally
known to me or proved to me on the basis of satisfactory evidence,
MICHAEL D. STONG
known to me to be the Attorney -in -Fact of _
INSURANCE COMPANY OF THE WEST
the Corporation that executed the within instrument, and known to me to
be the person who executed the said instrument on behalf of the
Corporation therein named, and acknowledged to me that such Corpor-
ation executed the same.
NOTARY PUBLIC
MAINTENANCE BOND
INSURANCE COMPANY OF THE WEST
P. O. BOX 85563 - SAN DIEGO, CALIFORNIA 92138-5563
(619) 546-2400 (800) 532-3702 02 64 83
Bond No.
KNOW ALL MEN BY THESE PRESENTS:
NEFF CONTRACTING CORPORATION
as Principal,
and INSURANCE COMPANY OF THE WEST , a corporation organized under
the laws of the State of CALIFORNIA and authorized to do a surety business in the State of CALIFORNIA
as Surety, are held and firmly bound unto the CITY OF HUNINGTON BEACH
in the sum of
THREE HUNDRED THIRTY THOUSAND AND NO 100 ******************** 330 000.00
($ ' ), lawful money
of the United States of America, 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:
SEALED with our seals and dated this
29th DAY OF MARCH, 1989
WHEREAS, on the 24th DAY OF MARCH , the said NEFF CONTRACITNG CORPORATION
as contractor, entered into a contract for
JACQUELYN LANE IMPROVEMENTS CASH CONTRACT #736
m of THREE HUNDRED THIRTY THOUSAND AND NO 100
for330 the u000. 00
1' ); and,
WHEREAS, undue t�m ,the fwifiMng for yxi work, the said
�Ond r r tce 1V RYU N is required to give
a THR 0 . ** .* * *****-******-* 330,000.00
($ ), to protect the
against the
result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same,
namely, until MAY 31, 1990
NOW, THEREFORE, if the said NEFF CONTRACTING CORPORATION
hall for a period of one year from and after the date
of the completion and acceptance of same by said ACR
replace any and all
defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void;
otherwise to remain in full force and effect.
NEFF CONTRACTING CORPORATION
APPROVED AS TO FORM*
�y Attorney
GALL HUTTON City Attorney
By Deputy NS i
MP Y OF E EST
By
MICHAEL A. QUIGLEY, jAT0 —IN—FACT
ICW-CAL-138
_I
,0~
INSUR CE COMPANY OF TAB WEST
OFFICE: SAN DIEGO, CALIFORN
Certified Copy of
POWER OF ATTORNEY
1010W ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly
nuthorized and existing under the laws of the State of California and having its principal
office in the City of Son Diego, California, does hereby nominate, constitute and appoint:
Michael A. Quigley
its trun and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in
it.s rinme, place and stead, to execute, seal, acknowledge and deliver any and all bonds,
tIlldprtakings, recognizonces or other written obligations in the nature thereof.
TIIie rowor of Attorney is granted and is signed and sealed by facsimile under and by the
authority of the following Resolution adopted by the Board of Directors of INSURANCE
COMPANY OF 711E WEST at a meeting duly called and held on the Sixth day of February, 1973,
which said Resolution has not been amended or rescinded and of which the following is a
true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-
ract to represent and act for and on behalf of the Company, and either the President or
Secretary, the Board of Directors or Executive Committee may at any time remove such
Attorneys -in -Fact and revoke the Power of Attorney given him or her: and be it further
RESOLVED-. That the Attorney -in -Fact may be given full power to execute for and in the
rrnme of and on behalf of the Company any and all bonds and undertakings as the business of
the Company may require, and any such bonds or undertakings executed by any such Attorney -
in -Fact shall be as binding upon the Company as if signed by the President and sealed and
attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY
Plato affixed and these presents to
.1rd dny of August, 1988 _
Lp1FPA*
� wcn*►ts�1.,�0
S I A fE or CAL IFURNIA �4101011L
rOUNTY OF SAN DIEGO
OF THE WEST has caused its official seal to be here -
be signed by its- duly authorized officers this
INSURANCE COMPANY OF THE WEST
On this 3rd day of Au uSt, 1988 before the subscriber, a Notary Public of the State
or California, III and Vor the County of San Diego, duly commissioned and qualified, came
SFRNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to
brr thh individual and officer described in and who executed the preceding instrument, and
tin acknowledged the execution of the same, and being by me duly sworn, deposeth and saith,
that he is the sold officer of the Corporation aforesoid, and that the seal affixed to the
preceding 'instrument is the Corporate Seal of the said Corporation,_ and that the said
Corporate Seal and his signature as such officer were duly affixed and subscribed -to the
raid irstrt,rser,t by the authority and direction of the said Corparation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City
or__.�g rat above written.
ai0cm sly
NORMA "TER
NoTAR• PUBLIC CJk0r0*WA
r wt �eWAI 01FICE IN
SAN rAl Go COUN IT
W, ctmM -0o F•0 Anus r a 19"
STATE Or CALIFORNIA ss
COUNTY OF SAN DIEGO -
I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, 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, and has not been revoked.
IN WITNESS WHEREOF,
Corporate Seal of the
.% ICW CAL 37(REY. 5/87)
I have hereunto
Corporation, this
��aµP+ur• `\
subscribed my name as Secretary, and affixed the
29th day of MARCH 1989
L-J.
'0 ie
CITY OF HUNT{NGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
March 7, 1989
Excel Paving Company
2230 Lemon Avenue
Long Beach, CA. 90806
CALIFORNIA 92648
We are returning your Bid Bond which was submitted with your
proposal for the Jacquelyn Lane Enhancement Project, CC-736
in said City of Huntington Beach.
The contract for this job was awarded to Neff Contracting Corp,
of Anaheim,
We would like to take this opportunity to thank you for your
interest in submitting a proposal,
Connie Brockway
City Clerk
CB:bt:bas
Enclosure
(Telephone: 71 a-536.5227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
March 7, 1989
Shawnan Corporation
12240 So. Woodruff Avenue
Downey, CA,. 90241
CALIFORNIA 92648
We are returning your Bid Bond which was submitted with your
proposal for the Jacquelyn Lane Enhancement project, CC-736
in said City of Huntington Beach.
The contract for this job was awarded to Neff Contracting Corp.
of Anaheim.
We would like to take this opportunity to thank you for your
interest in submitting a proposal.,
Connie Brockway
C i ty Clerk
CB:bt:bas
Enclosure
(Telephone: 714-536,5227)
! 0
j, CITY OF HUNTINGTGN BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
March 7, 1989
Marina Contractors Inc
41 Corporate Park, Suite 200,
Irvine, Ca. 92714
We are returning your Bid Bond which was submitted with your
proposal for the Jacquelyn Lane Enhancement project, CC-736
in said City of Huntington Beach.
The contract for this job was awarded to Neff Contracting Corp.
of Anaheim.
We would like to take this opportunity to thank you for your
interest in submitting a proposal.
Connie Brockway
City Clerk
CB:bt:bas
Enclosure
(Telephone: 714-53"227)
•
F
� CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
mvNTWGT0N K,%CN
DOUGLAS N. LABELLE From GAIL HUTTON
To Dir. of Economic Development City Attorney
Bid Procedure Date March 3, 1989
Subject Jacquelyn Lane Project
BACKGROUND
The Economic Development Department has requested an opinion
concerning the award of the Jacquelyn Lane Project to Neff
Contracting Corporation. Neff was the second lowest bidder;
the low bid, by Emco Contracting, Inc., raised concerns in
that the contractor did not have the required "A" license, was
"subbing" out too much work, and all listed previous projects
were completed by a different corporate entity.
is
May the City Council award the project to a company other than
the lowest dollar bidder?
CONCLUSION
Yes.
DISCUSSIQN
The City Charter allows for the award of a public works
contract to the "lowest responsible bidder." (Charter § 614)
A similar statutory requirement (found in public Contracts
Came § 10180) is imposed solely for the protection and benefit
of the public, not the bidders. It has been successfully
argued that a low bidder who is not awarded a contract does
not have a cause of action in tort law for breach of a
statutory duty. (See Swinerton v. City of Inglewood, 114 Cal.
Rptr. B34)
Additionally, the City has the right and obligation to
consider the practicability of each bid before awarding a
contract. (R. & A. Vending v. Ci, 218 Cal.
Rptr. 667)
The words "lowest responsible bidder" have been defined as
follows: "the term 'lowest responsible bidder' in city
Charters has been held to mean the lowest bidder whose offer
best responds in quality, fitness, and capacity to the
6 /Y
DOUGLAS LABELLE
March 2, 1989
Page (2)
particular requirements of the proposed work; and that where
by the use of these terms the council has been invested with
discretionary power as to which is the lowest responsible
bidder . . . such discretion will not be interfered with by
the courts in the absence of direct averments and proof of
fraud." (R. & A. Vending at 669, citations omitted)
In light of the above cited authority, it is clear that the
Council may take into consideration the practicability of each
bid, and is not required to award a contract merely on the
basis of the lowest dollar amount proposed.
As to the problems found in Emco's bid, there are several
issues to consider. The lack of a proper license may arguably
be cured subsequent to the opening of the bids. (See Public
Contracts Code § 10164) Note, however, that § 10164 applies
to state projects, not a project by a chartered city. (See R�
& A. Vending at 668.) If the city required all contractors to
be properly licensed at time of bid opening, this requirement
would probably be valid; therefore, a subsequent license would
be ineffectual. The city's requirement, however, appears to
be that the contractor be licensed "prior to the award of
contract," per § 7-15 of the "General Special Provisions."
Therefore, Emco's subsequent licensing may be acceptable
pursuant to the City's Notice Inviting Bids.
Emco also attempted to change its proposal to conform to the
city's subcontracting requirements after it submitted a
non -conforming proposal. This change is clearly ineffectual
to conform an inadequate bid. The bid must be complete at the
time of its submission, not after its defects have been
scrutinized by the requesting agency. (Cf. Pub. Cont. Code §
5101) Just as a late bid may be rejected, so too may
attempted changes or amendments to the bid.
Additionally, the previous projects listed by Emco were
actually completed by another corporate entity named Devcon,
Inc. Regardless of similarity in personnel, Devcon is not
Emco, and Emco cannot be credited with projects completed by
Devcon. While this issue is not dispostive, it certainly is
another substantive inaccuracy in Emco's bid proposal, and can
be considered by the Council in its decision awarding the
project.
The Council should make findings on the record as to the
inadequacy of the low bidder it if wishes to award the
contract to the second low bidder; the law does not require
the Council to automatically award the contract solely based
r
DOUGLAS LABELLE
March 2, 1989
Page (3)
upon the lowest dollar amount bid. Rather, the Council should
award the project to the contractor it determines to be the
lowest responsible bidder, pursuant to the City Charter.
GAIL HUTTON `
City Attorney
cc: Paul D'Alessandro, Deputy City Attorney
GH/rf
66511
t
810 PROPOSAL FROM 1%(4f,
f My " V
To the Honorable Mayor end City CouncB, City of Huatingtoo Beach, California:
In compliance with the notice Wilting sealed proposals for the Jacquelyn Lane Improvements;
CC-736
f
Construction consists of the removal and replacement of curb and gutter,
retaining walls and sidewalk with the installation of wrough iron fence
with gates, landscape irrigation and conduit for street lights.
I hereby propose and agree to enter into a contract to perform the word herein demibad and to furnish the materials
dwefore according to the pkm, specifications and spesial provisions for the said work and to the atisiaction of and under
the supervision of the Chow of Public Worts of said City of HurAington Beadk Calif onds.
The undersigned has not aaceptaIl any bid from any subcontractor or meteriallnen through any bid depository, the by4rm,
roles or regulations of which prohibit or prevent *a contractor from considering any bid from any subcorrtraetor er
mrtarielmian which is not processed throg1h mid bid depository, or which preverrt arty subcontactnr or materlelman
from bidding to wry comairtor who does not slew the facilities of or accept bids from or through such bid depositary.
For the furnishing of all labor. alataials and equipment, and or all incidental work necowry to deliver all the improvemenu
comphrte in place in strict conformity vim the places, specifcetions and special providorrs, on fell in the office of *e
Director of Public Wwts, City of Huntiagw Beach, California, I propose and agree to take full payment the ve fom at the
following unit prices, to Wit:
ITEM
-NO
APPROXIMATE
QUANTITY
ITEM WITH UNIT PRICE
WRITTEN IN WORDS
UNJT
PRICE
IOIAL
Mobilizatim at
l .
Lump sum
-
/ %w T'1 �4>js,#A)a Doc ,cr
ZOO 6 0
000. oa
Lump Sum.
Detreoliticn at
2.
-LAP Sum .•
ffft�.7'Y j/�6vS�-10 �te.�� S
� OtA. 0�3
• Lt$ep SM.
;Zerport soil at
3.
6t3 C.Y.
Te:Jeer++Tr Y/vex �ci.4�t.s
�s;vv
I.SoO, 00
C.Y.
Rough Grading at
4.
9,350 s.f.
54
467S.o0
s.f.
Finish Grading at
5 .
9,350 s . f .
�Gta�icJ7�r �+T�
f 87D. d
s.f.
P-1
ITEM
N0.
APPROXIMATE
CkUANTITY
/TEA WITH UNIT MICE
WRITTEN IN WORAN
UNIT
MCA
TOTAL
Construct curb and gutter
'
6.
490 1. f .
rWccd� �..� s
l O o
.�� capc,4 oa
l.f.
Construct, concrete paving at
7.
9,500 s.f.
rWo 47o164.4.tj Ieff'•4TN
Z50
Z3 75ro•oc
s.f .
Construct Masonry Retaining wall at
a.
1,730 l.f.
f"oRTy �NF I�OC�IItS
��•DO
7A 930•�
l.f.
Construct 6" Concrete Planter at
9.
11100 l.f.
�/artk��J ,l7O�c,gKS
/.3.00
3c*•
l.f.
Construct Wheel Chair Ramp at
10.
3 each
roVk PNtiOteV ACA.44$
each.
00
�ZGO. co
Construct Concrete Steps at
11.
710 l.f.
%(�C�NTy /`!VE fro«.4R.S
2S' Uo
�] %S�•oo
Ref inish Wall at
12.
625 1. f
Da.cr4 �C S
(� (3 75 00
install Handrail at
'13.
�,235 1.1.
Tl.JcC'Y TGc�O ,�Ctc.Yej
�, Oo
5 /70, 00
Install Tubular SteelGateat
42
/'
6A%Gc Ala^ otdw .S&ccNT y Ate 4 a%"4,r.•t
17.5 0 o
7 M. as
14 .
each
each.
Install Tubular Steel FencE at
15.
1,920 l.f.'
rW C�.h►'�1 �Ede.J POC4.�j
27. a b
r,
r 8�10.40
l.f
r-I
ITEM
NO.
AMROXI&ATE
OYANTITY
ITEM MITN UNIT PRICE
MRITTEN IN TIPI M
UNIT
��
TOTAL
Soil Preparation at
16.
9,350 s.f. .
0-1--Gufxr7^'/
Z0
87o'fl0
15 gallon trees at
0•Ver #w1JJ4e„o TA.�. <,AC �S
13�vo
S�4o,��
17.
44 each
each
1 gallon shrubs at
18.
340 each
E✓E�3 �acc.•�L
�
r%,00
z I&.
each
5 gallon shrubs at
19.
342 each
A00"4s
�,SOO
14b•00
each
Turf (sod) at
20.
5,750 s.f.
0"" lc p6t4-t
�.OD
S 7,�,00
s.f.
�
Flatted Ground Cover at
21.
1,780 s . f _
THIS 1, nn fMT3
3o
F534. o0
.
s.f.
IrrigatiGn System at
:22.
Lump Sum
/. r'.t� -rht �s.4aG NINe' �v,NGeesp
/D 944.E
left r> 4fit- Lump Sum.
.90 day maintenance at
Lump Sum
TC.vo t�rS4�'�r�V� tfCWG,2cSD �cc4�3
eo
/
ZSoO.Oo
I
.j_
L Sum.
Install street light conduit at
24.
884 1. f .
jOv�CTadwj 1�ocC4�
/ ¢• DO
�� .�%�. 00
Raise to Grade water Valve Meter Box at
25.
16 each
6
Pachl
/Oa, a,=>
16Oa. 00
P- 9
ITEM APPROXIMATE ITEM WITH UNIT PRICE
NO. QUANTITY WRITTEN IN WORDS
UNIT
PRICE
TOTAL
Alley Curb
26. 222 L.F.
L.F.
/3. o0
2 88G.00
Total Amount in Words
T�4c� h &,v0,eeo To-'eni
Total Amount in Figures
330� 0oo , 00
P- 4
It is understood and Wood that the approximate quantities shown in the foregoing proposal schedule are solely for
the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis
of the actrsl guantitiac in the completed work, wbethar they be aeon sr Ms don twos shown bares st the unit pries bid
in the proposal sdndufa.
The undersigned understands the contract time limit allotted for the contract is 60 calendar mays.
If awarded the contrect, the undarsigned hereby agrees to sign said contract and furnish the necessary bonds within
ton (10) days of the sword of said contract, and to boon work within ten (10) days from the date of approval of the con-
tract by the City of Huntington Beach, California.
The undo sig has examined carefully the site of the work contemplated, t�e plans and wecifiations, sod the
proposal and contract fount therefor. The submission of a bid shall be conclusive evidence that the bidder has investiigated
and is srtis€iad as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the
gm lid-- of mrtarish to be %misl+ed, and as to the requireamm of the proposal, plant. specification&, and the -contract
Accompanying this proposal is /.3/D0f9tS 19ci1JI6 (_ /oya of-ar4r-
NOTICE: lawn the words "Cash," "Cartified Check," or "Bidder's Bond," as the ass may be, in as amount equal to at
hest 11 prcen of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above named security a a proposal guaranty and agrees shot it stall be forfeited to the
City of Huntington Beach a liquidated damages in sae this proposal is accepted by the City and the undersigned stall fail
to exrta a comtrect for doing aid work and to furnish good and sufficient bonds in the foray set forth is the specification&
and coatraot doaumeeb of the City, aft surety satisfactory to the City within 10 days after the bidder was received written
soda of the sword of the combact; atharwiss aid security "I be rrtarnsd to the undarsignad.
Licsosd in accordance with an act providing for the registration of combee License No. 4455157 4-B-C�2f
r�
i
�. r i1.aY J
IT
Bidder shell signify receipt of all Addeada here, N any:
Addendum No. Data Received Bidder's Signature
r
PROPOSED
INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. : Additional sheets may be attached if
necessary.
1. Firm Name : �EFf �.�a�r•P�I cT"iyG-at/La?AT�J
2. Address: 11lf1 AwIle .t1 oe,O ,4�,t4�1c�Idr..�.�Z�D! 3. Telephone: 0/��
4. Type of firm —individual, partnership, or corporation; (?4PkPe4d#11
S. Corporation organized under the laws of the State of:
6. Contractor's License Number: 4651r7
7. List the names and address of all members of the firm or names and titles of all officers of
the corporation:
/l'A�_ , )�rC. V_
0
8. Number of years experience as a contractor in construction work: /%
9. List at least six projects completed as of recent date:
CONTRACT
AMOUNT
CLASS OF
WORK
DATE
COMPLETED
NAME, ADDRESS do PHONE NUMBER OF OWNER
ortatiK.e L'ou'jry Cdr,..dniw a$ f-- -•.��/ � �S' "+�` I
?5'75/ Tt-4juco go EcVV ft
��Sj o0o
C rY 014 00'*1MVr~(Z 13) 71Z - YBos'"
P.av4 f�¢.o,«co
Z# 4, Cov^u" 5,"r. Oar (t r3) 77? - 7Z?o
SOS, 000.
T D. LZ1 3) S7Z - 6000
370, 000
A.
C,,4, Cavry oaw APAr CZi3) ZZ6-8/71
?S�
C
iry O Rvi. le (71w) 660- Y&Vv .fa6� ogvs
10. List the name of the person who Inspected the site of the proposed work for your
firm: 674cwo s-r Z), /S�cGFi
Date of Inspection:
/�?G L89
II. If requested by the City, the bidder shall furnish a notarized financial statement, -financial
data, or other information and references sufficiently comprehensive to permit an
appraisal of his current financial condition.
P- 6
.? — -.
DESIRATION OF SUBCONTRACTOR
In compliance with the *Subletting and Subcontracting Fair Practices Acte being Section
4100-4113 of the Government Code of the State of California, and any amendments
thereto, each bidder small set forth below the name and Iocatlon of the place of buslness of
each subcontractor who will perform work or labor or render service to the prime
contractor in or about the construction of the work or improvement in an amount in excess
of one-half (112) of one percent (196) of the prime contractor's total bid, and shall further
set forth the portion of the work which will be done by each subcontractor. Only one
subcontractor for each potion shall be listed.
If the contractor falls to specify a subcontractor for any portion of the work to be
performed under the contract, he shall be deemed to have agreed to perform such portion
himself, and he shall not be permitted to subcontract that portion of the work except under
the conditions hereinafter set forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was
designated In the original bid shall only be permitted In cases of public emergency or.
necessity, and then only after a finding reduced to writing as a public record of the
Legislative Body of the owner.
PORTION
STATE LICENSE
OF WORK
SUBCONTRACTOR'S NAME AND ADDRESS
NUMBER
CLASS
q tcillca c
�iclvi s2.a.»t�rs 4JO%7" 1uc .
/QR
4 zt Mo 4 t7Z k (;�
-T%- 7
Z 7
40'eOV4,V.,
4owJ AJasrofts
cri
7471 iron Ave X � 1A
31(plq9 Z
C• t3
�j
r4+trvAset
AAwrlrK c dc�. A 2usA �i' 9/ 7 a L
3
C'
- - err.— •-1'!
_ -
-
-By submission of this proposal, the contractor certifies:
I. That he Is able to and will perform the balance of all work which Is covered In
the above subcontractor listing.
,2: That the City will be furnished copies of all sub -contracts entered into and
bonds furnished by subcontractor for this project.
P- 7
)H im-r it r
To the City of Huntington Beach, Oep;ji tment of ;,U,-)Iir
The undersitped in s(rl)(ni;-I-iiiq a bid for f)(-,rfo.ro)iii(j Lh(-t follov/iiiq work by contract,
being duly sworn, dcpos(:n and S*'Iys:
That lie han not, mitl)nr lfirectiv nr J1j(IirQcLIy, iflt.C) n(Irnerni2rit.,
narticip-iLed ' in ,)ri\, r-nHoIr-Joij, or oLhr!r,,vIn(', -I;)y ac-Lion in restraint of free
competitive bidding in connection with such cor)Lr;)cL.
AC
eageo Ippr
0
5iqnj,o:-t- of Isl;
doe
z
Business A( ress
0.
f TV
Place oTT-k-;S-Idence
Suhscril)(I I and sworn to I)e fare me 0 1 in day
0 f A
ary Public in d for the
.5p -7- f)t,)Le of .'rilifornin.
My Cointnis!-.inn Expires 1-157- —15-
-T-,PTCTAL SEAL
I A'-17A M �FFDDEN C LI 0 RNIA
CALIFORNIA
PI 3 , 102
c',�AM�!!!T'V
M 3, 102
M
' RE QUER FOR CITY COUNC ACTION
Date _ FPhrLLar)j I9R9
Submitted to: Honorable Mayor and City Council
Submitted by: Paul F. Cook, City Administrator
Prepared by: I-: Louis F. Sandoval, Director of Public Works 7-0 3" 6•-�
Subject: JACQUELYN LANE ENHANCEMENT ; CC-73
Consistent with Council Policy? [ A Yes [ i New Policy or
APPROVED BY CITY COUNCIL
3-6 19
rn �_
CITY
Statement of Issue. Recommendation, Analysis, Funding Source, Alternative Actions, Aochments: '
AE
STATEMENT OF ISSUE: -z7
Pursuant to City Council approval of Novernher 21, 1988, bids were received on Februnrd,
1989 for the Jacquelvn I..ane Enhancement Project.
RECOMMENDATION:
1. Accept the hid submitted by Neff Contracting Corporation, 1124 Richfield Roars
Anaheim, CA 928n7 and a!ithnrize the Mayor and the City Clerk to execute an
appropriate contract in the amount of $330,000.00, and reject all other bids.
2. Authorize the Director of Finance to encumhnr $Imoo.no for anticipate.rf project
"incidentials."
ANALYSIS:
On November 21, 1988 the City Council approved the plans and specifications for the
Jacquelyn Lane Enhancement Project and :authorized staff to soli^it construction hids. Bids,
as surnrnarized below, were received and opened on F pbruary 7, 1989.
1.
Emr,o Contracting Inc.
$329,700.90
2.
Neff Contracting Corporation
330,000.00
3.
Damon Construction Company
339,693.00
4.
Shawnan Corporation
412,299.00
5.
Marina Contractors Inc.
442,723.90
6.
Excel Paving Company
506,973.20
Engine+-r's Fst imate
$557,524.00
The apparent low bidder, Emco Contractinq Inc. fails to meet the followinq requirements
for this oroject:
1. Contractor does not have the required "A" license.
2. Specifications require that the contractor perform at least 50 percent of the
contract price. Emco is suhbinq out 90% of the work. �
PI O 5185
RCA - Jacquelyn Lane Enhancement Project
Fr-hruary 21, 1989
Page 2
Staff has reviewed each of the bids and recommends acceptance of the hid sub+nitted by
.Neff Contractinq Corporation for an arno(rnt not to exceed $33C3,00(3.00.
FUNDING SOURCE:
Funds previously budgeted, Community Development Block Grant Funds fnr Clakview
Improvements, Accnunt Numher 894853.
ALTERNATIVE ACTION:
Reject all bids and advise staff on how to pursue with project.
ATTACHMENTS:
Project Location Map
PEC:LFS:LJT:d%v
966q/6
47ACIOWLYN 4Ai
w% w
PROJECT LOCATION MAP
RECEIVED
CITY CLERK
(;!TY OF
HI NTIN6i^H mrA ,H, CALIF.
fEe 1 18 ox M `89
68, RV 00 Dl Z ej
'311Y3'143y3i? Nut')N11ltAf!
J.Q kilo
)18313 A.Ll:►
03AI3332i
DATEFebruary 7, 1989/2 p.m.
-: •
ENGINEER'S ESTIMATE: -0-
JOB AND CC NUMBER: JACQUCLYN LAME ENCHAN PRa=; CC-736
BIDDERS NAME
Alcon Fence
Belaire--west Landscaping
Britton Construction Company
Building Enemy Consultants
Cancino and Sons Engineering
Channel Islands Landscaping
Clayton Engineering
D V C Masonry and Construction
Damon Construction
Environments West
Excalibur Contracting
Excel Paving
Glencoe Welding
Griffith Company
Harris Construction
J. Kovac Construction
Justus Fence Company
Marina Construction
Neff Contractors
Nobest Incorporated
The Patterson g2RE-ny
Shawnan Corporation
Sully -miller
Swank Steel ,
�M� p
1.-
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
M.
17.
18.
19.
20.
21.
22.
23.
TOTAL BID AMOUNT
.3 3 9. 4�; 9 3
.5 e9 G . 9 ?..?
teal 73/..s�'
� O
01 000
my
r-
IF
REQUER FOR CITY COUNCPACTION
Date _ Novernber_21-1988
Submitted to: 1-ionorable Mayor and City Council
Submitted by: Pout E. Cook, City Administrator APPROVED BY CITY COUNCIL
Prepared by:' rG Louis F. Sandoval, Director of Public Works
Subject: JACCUELYN LANE ENHANCEMENT PROJECT; CC-736 ct ct x
Consistent with Council Policy? FI Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Staff has completed plans and specifications for the Jacquelyn Lane enhancement Project. This
project is consistent with prior City Council authorization of:
I. Oakview Improvement Study Session - February 22, 1988.
2. Approval of Purkiss/Rose Landscape Architecture to prepare working drawings -
July 18, 1988.
3. Approval of license and maintenance agreement with Jacquelyn Lane property owners -
August 1, 19B8.
RECOMMENDATION:
Approve the plans and specifications for said enhancement project and authorize the Director
of Public Works to solicit bids for construction.
ANALYSIS:
Planned improvements for the Jacquelyn Lane Enhancement Project, include the construction of
sidewalk adjacent to curb, concrete steps at entryways, removal of existing retaining walls,
replaced with 8" slumpstone masonry wall with wrought iron fencing, the removal of existing
parkway trees and replacement of new trees, new ground cover and irrigation.
FUNDING SOURCE:
Funds previously budgeted, Corr mUnity Development Block Grant Funds for Oakview
Improvements, Account Number 894853.
ALTERNATIVE ACTION:
laeny approval of the recommended action and thereby forego or delay the project.
ATTACHMENTS:
Project Location Map
PF:C:LFS:I-"r:dw
1853q/1 (1
P10 5185
PROJECT LOCA PON MAP
qL
-1,A(}TICL INVIIIN-L; 5i_AIJ-D HII?S
CC-736
Notice is hereby given that the City Council of the City of Huntington Beach, California
will receive sealed hills for the Jacguelvn Lane Improvements in the Cite of Huntingtnn
Beach, California in accordance with the plans arid sppcifications rand ss,nc!al nrovlslorl, on
file in the office of th^ [director of Public :-Yorks. Dncu!rncnts will he available on
January 9, 19H9. A charge of $15,00, not refundable, will fir regui!'Pd for each set of
specifications and accompanying drawincls.
JIRECTO R OF PUBLIC 'A'ORKS FSTII•.1r',Tc
A'ork Item 0kJantit.v
1.
r-hnhilizatinn
Lump Sum
2.
Demo Iition
Llimp Sum
3.
Import Soil
60 c.v.
4.
Rough Grading
9350 s.f.
5.
Finish Grading
9350 s.f.
6.
Construct curb and gutter
!A90 1.f.
7.
Construct, concrete paving
9500 s.f.
a.
Construct masonry retaining wall
1730 1.f.
9.
Construct 6" Concrete Planter
l 100 1.f.
10.
Construct A'heel Chair Ramp
3 each
11.
Construct concrete steps
71I1 Lf.
12.
Refinsih kall
625 1.f.
13.
Install handrail
235 I.f.
14.
Install Tubtilar Steel Gate
42 each
15.
Install Tuhular Steel Fence
1920 I.f.
16.
Soil Preparation
9350 s.f.
17.
15 gallon trees
64 reach
18.
1 gallnn shrubs
340 each
19.
5 gallon shrubs
342 each
20.
Turf (sod)
575,9 s.f.
21.
Flatted ground cover
1780 s.f.
22.
Irrigation system
Lrirro Slim
23.
90 day masntenarice
l_turno Skim
24.
Install street ligi,t conduit
89.4 i.f.
25.
liaise to grade water valve rrieter hox
!6 cacti
26.
Construct alley curb
222 L.F.
N-1
S
In accordance with the provisions of Sr:ctron I ? i3 of the Labor Corte, the State of
California. Director of the Department of Industrial Relations shall determine the general
prevailing rate of wages, applicable to the work to be done.; copies of the latest general
wade rate determinations are on file at the office of the City Clerk and the office of the
Director of Public &`orks of the City of Huntinoton lieach. California.
Plans and specifications, together with proposal form. may he obtained at the office of
the Director of Public A'orks, Citv Hull, HLirittngtnn i.ieach, California.
No bid will be rec.r:ived unless it is made on a nlank form furnished by the Director of
Public V orks, The special attention of prospective hidders is called to the prnpnsal
requirements, set forth in the specifications, for full directions as to the bidding.
The above quantities are approximate only. being riven as a basis for the comparison of
bids, and the City of Huntinqton Beach noes not express or by implications agree that the
actual arnount of work will correspond therewith but reserves the right to increase or
decrease the amount of any class or portion of the work. ns may be deemed necessary or
expedient by the Director of Public Vorks.
All bids will be compared on the basis of the Director of Public kDrks estimate of the
quantities of work to be done.
Suhstitution of securities for any monies withheld by the City to insure performance shall
be permitted in accordance with provisions of the California Government Code, Section
4590.
Each bid shall be made out on a form to he obtained at the office of the 1lirector of
Public A orks, Development kinq, 2000 Main Street. Huntington Beach, California; shall
bt, sealed and filed with the City Clerk at the Civic Center, Second Floor Administration
Build -Ina, 2000 Main Street, Huntington Reach, California, on or hefore 10:00 AJ-•1. of
February 7, 1989, and shall be upenpd by a committee composed of the City Clerr, the
City Attorney and Director of Public A: orks or their authorized representative and the
results of said bidding will he resorted tothe City Council of said City of Huntington
Beach at their rerlular meeting to be held on Tuesday, the 21st of February, 1989, at the
hour of 7:30 P.M. in the City Council Charnhers in the Civic Center of said City of
Huntington Beach, and shall be acted upon by said C-ity Council at the regular meetinq of
February 21, 1989.
The City of Huntington Beach, California reserves this right to reject any or all bits, and
to accept the hid deerneri for the best interest of the City of Huntington Beach, California.
By order of the City Council of the City of Huntinqton Beach, California this
November 21, 1988.
ATTEST:
Connie Brockwa
City Clerk
N-2
PLO NOTICE ' PUBLIC NOTICE /'i. PIKIC NOTICE I N1 wi
NOTICE INV,-.,6 SEALED BIDS _
CC -TA
Notice le Hereby given that the City Council of the City of Huntington Beach. California will receive
seated bids for the Jacquelyn Lane Improvements In the City of Huntington Beach, California in
accordance with the plans and specifications and special provisions on file in the office of the
Director of Public Works. Documents will be available on January 9, 1989. A charge of $15.00. not
refundable. will be required for each set of specifications and accompanying drawings.
i DIRECTOR OF PUBLIC WORKS ESTIMATE
Work Itsrrt aum"tr
1.
Moblitmtlon
Lump Sum
I 2.
Demolition
Lump Sum
�. 3.
import Soil
60 C-y-
4_
Rough Grading
93509.1.
5.
Finish Grading
9350 s.f.
6.
Construct curb and gutter
490 f.f.
7-
Construct, concrete paving
95W s.f.
a.
Construct masonry retaining wall
1730 I.f-
9-
Construct 6" Concrete Planter
1100 1.f.
10.
Construct Wheal Chair Ramp
3 each
12.
Reffnfsh Waif
5251.f_
11.
Construct concrete steps
710 1_f.
12.
Refinish Wall
625 I.T.
13.
Install handrail
235 I.f_
14.
Install Tubular Steel Gate
42 each
15.
Install Tubular Steel Fence
1920 Lf.
16.
Soil Preparation
9350 9-1_
17.
15 gallon tress
44 each
Is-
1 gallon shrubs
340 each
19.
5 gallon shrubs
3,42 each
20.
Turf (sod)
5750 9.1.
21.
Flatted ground Cover
1780 s-f.
22.
irrigation system
Lump Sum
23-
90 day maintenance
Lump Sum
24.
Install street light conduit
884 I.f_
25.
Raise to grade water valve meter box
18 each
26.
Construct alley curb
222 L-F_
In accordance with the provisions of Section 1773 of the Labor Code, the State of California,
Director of the Department of Industrial Relations Shall determine the general prevailing rate of
wages. Wficable to the work to be done; copies of the latest general wage rate determinations are
on file at the office o1 the City Clerk and the office of the Director of Public Works o1 the City of
Huntington Beach, California -
Plans and specifk:ations, together with proposal form, may be obtained at the office of the Director
of Public Works, City Hall, Huntington Beach. California.
NO bid will be received unless it is made on a blank form furnished by the Director of Public Works.
The special attention Of prospective bidders is called to the proposal requirements, set forth In the
specifications, for full directions as to the bidding_
The above quantities are approximate only, being given as a basis for the comparison of bids, and
the City of Huntington Beach does not express or by Implications agree that the actual amount of
work will Correspond therewith but reserves the right to Increase or decrease the amount of any class
or portion Of the work, as may be deemed necessary or expedient by the Direct of Public Works.
All bids will be compared on the basis of the Director of Public Works estimate of the quantities of
work to be done -
Substitution Of Securities for any monies withheld by the City to insure performance shall be
permitted in accordance with provisions of the California Government Code. Section 4590_
Each bid shall be made out On a form to be Obtained at the office of the Director of Public Works,
Development Wing, 2D00 Main Street. Huntington Beach, California; shall be sealed and filed vrith the
City Cleric at the Civic Center, Second Floor Administration Building, 2000 Main Steel, Huntington
Beach, California, on or before 10-00 A.M. of February 7, 1989. and shall be opened by a commgte9
composed of the City Clerk, the City Attorney and Director of Public Works or their authorized
representative and the results of said bidding will be reported to the City Council of said City of
Huntington Beach at their regular meeting 10 be held on Tuesday. the 2lst of February, 1989, at the
hour of 7:30 P-Min the City Council Chambers in the Civic Center of said City Of Huntington Beach,
and shall be acted upon by said City Council at the regular meeting of February 21. 1989-
The City of Huntington Beach, California reserves the right 10 refect any or all bids. and to accept
the bid deemed for the best interest of the City of Huntington Beach, California_ By order of the City
Council Of the Ciy of Huntington. BeACh, California this November 21. 1988.
ATTEST_ CONNIE BROCKWAY. City Clerk
Published Orange Coast Daily Pilot January 6. 13. 20, 1989 F-042 f
Authorized J: all ainas including public
notices by Decree of the Superior Court of Orange County.
California. Number A-6214• dated 29 September. 1961. and
A-24831. dated 11 June. 1963
STATE OF CALIFORNIA
County of Orange PUD,K Notlu 40.v !wnp cow..d
by Irnf smof .t IS 1.0 In 7 potm
+ Th 10 prcf coUm .tdth
I am a'Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS -PRESS, a newspaper of general circulation,
printed and published in the City of Costa Mesa.
County of Orange. State of California, and that a
Notice of R i d
of which copy attached hereto is a true and complete
copy, was printed and published in the Costa Mesa,
Newport Beach. Huntington Beach, Fountain Valley.
Irvine, the South Coast communities and Laguna
Beach issues of said newspaper for three
consecutive weeks to wit the issue(s) of
January 6, 13,- 20 _ 1 1989
198
198
198
198
I declare, udder penalty of perjury, that the
foregoing is true and correct.
Executed on January 20 198 9
at Costa Mesa, Calif r i
ignature
PROOF OF PUBLICATION