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HomeMy WebLinkAboutAllied Sprinkler Company, Inc. - 1994-02-07 (2)• ReCQrcietl • In the Cou Garlyff L;f G�lranlfvilfll+eJtlyC�QrCrange, r California k/Or NQ Fee WHEN RECORDED MAIL TO: CITY OF HLJNTINGTON BEACH i 99��4714$� 11, 38am 59�29�95 Office of the City Clerk 005 026830 24 33 IB70 P.0.Box 190 Nf2 1 7,00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to ALLIED SPRINKLER COMPANY, INC. who was the company thereon for doing the following work to -wit: NORMA B. GIBBS PARK, PHASE II; CC-882 INTEREST: Easement That said work was completed September 18, 1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, September 18, 1995. That upon said contract Irvine Pacific Insurance was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 19th day of September, 1995. 7;4�4- 'y -- City Clerk and ex-olofthe o Cler of the City Council Ci of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 19th day of September, 1995., f�7�f�i G City Clerk and ex-officio Cyr — of the City Council of the City of Huntington Beach, California g:%f0110uvp--WCP1g9 2� s ' J1 Ica muWiNGT0N BEACH TO: FROM: SUBJECT: CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records 10% RETENTION PAYMENT CC 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 or will elapse before payment is made. Processing of the 10% retention payment is recommended.so long as no stop notices or outstanding invoices are on fife with the City. AN T. VIL ELLA, Director of Finance certify that no stop notices are on file on the bject at this time. Date: 1 z I'` �4.10NES, u is Works Director ,'+ I certify that no stop notices are on file on the subject- contract and that a guaranty bond has been fled. Date: ZA.+�- CONNIE BROCKWAY, City Clerk certify that there are no outstanding invoices on file. Date: DON WATSON, City Treasurer 0011042.01 03/14/95 12:57 PM Bond No. 128 62 31 INSURANCE COMPANY OF THE WEST I. C. W. PARK P.O. BOX 91063 SAN DIEGO, CALIFORNIA 92138 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, (hereinafter called "Principal") as Principal, a Insurance Company of the West 1. a corporation organ- ised and existing'under the laws of the State of cawornia and authorized to transact business in the State ot_Califo is (hereinafter: called "Surety"), as Surety, are held firmly bound unto City of Eftmtiltltgton Beath (hereinafter called "Obligee"), as Obligee, in the penal sum of Two Hundred Fifty Six Thousand Seven Hundred Fori Two Dollars*********** Dollars (3 256, 742. 00 --4, good and lawful money of the United States of America, for the payment of which. well and truly to be made, we hind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. Signed, Sealed and Dated this 2nd day of March 1994 Whereas, the above bounden Principal has entered into a certain written contract with the above -named Obligee, dated the ?._1 - day of-;7hvc4. 104 for Norma B. Gibbs park, Phase II j Cash Contract 882 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein-inCluding the maintenance provision, guaranty. the .unrk for one year. NOW, THEREFORE, T14E CONDITION OF THE ABOVE OBLIGATION 1S 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 wad 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. Allied Sprinkler Company, Inc. Principal ApPnOVED AS TO FOA1ial GAIL n- TTOli tNITY ATT INSURANCE COMPANY OF THE WEST w•i.4�7 i£ � Surety c By �L 1 Attorney -in -Fact fcw.cAf.122 - ) James A. Schaller I PAYMENT BOND — PUBLIC WORKS Bond NO. 128 62 31 INSURANCE COMPANY OF THE WEST HOME OFME a SAN CH EGO KNOW All MEN BY THESE PRESENTS: That we, Allied Sprinkler Company, Inc. as Principal, and Insurance Company of the West , incorporated under the laws of the State of California and authorized to execute bonds and undertakings m 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 Two Hundred Fifty Six Thousand Seven Hundred Forty Two Dollars********** Dollars, {s256r742.00--J, for the payment whereof, well and truly to be made, said Prncipal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obltggtion is tuch that; whereas the above bounden Principal has entered into a contract, dated ZN , 1994 , with the City of Huntington Beach to do the following work, to -wit: Norma B. Gibbs Park, Phase II �. Cash Contract 882 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 reasonable attorney's fee, which shalt 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 iherelo. Signed and Sealed this 2nd day of March Allied APPROVED APPROVED AS TO FOPXA / GAIL RlJ'TiON INSU� r CIT ATT `tEY. By; Deputy Cites r 7R]t�Yj By Inc. CE COMPA>OF THE WEST ureiy . Schaller ,1994 Attorney -in -Fact - lCW-CA .-123 INSURANCE COMPANY OF THE `VEST 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 laws of the State of California and having its princiodi office in the City of San Diego, California, does hereby nominate, constitute and appoint: JA ES A. SCHALLER its true and lawful Attorney (s)-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 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 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 12TH DAY OF FEBRUARY 1987 E`01APAN)pOW INSURANCE COMPANY OF THE WEST c, � o � N � ~f4c„1. Its �' �� -•k � President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 12TH DAY OF FEBRUARY 1-We the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came 'E'RXEST RADY President of INSURANCE COMPANY OF THE WEST, to me personatty known to be the individual and officer described .in and 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. • . OfFM:YAI JJAL I y t '`�• NORMA PORTER rtit " PMIC • di.n"M OfAm in SW Dow a..a Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned,i Jos V. •urr" °' 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 Wett, and has not been revoked. IN WITNESS WHE EOF, I have hereunto subscribed my name as Secretary, and affixed ;he Corporate Seal of the Corporation, this ']A4 day of 194q. O� flµPCkro • .i4\ 4hr y �$t Secretary ICW CAL 37 (REV. 5i22) 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 C_c- g8o-t- V6 n►na 13, roject No. -- - ------Title K_ 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 1 ivo, ECLARATION OF SATISFACTION OF CLAIMS state Name o contractor) 1. J am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled _ (�` C _ �VU�+�tt f-�Qs P/1-C, and dated 3a 5- 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 c' the State of California: (if none, state "NONE") M N C I declare under penalty of perjury that the foregoing is true and correct. Executed at on phisday of , 19 Gt ( Tgna ure of Con actor CONFORMFn rnn- Not Compa WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 Recorded in the County of Orange, California l yy Gary 1`44L . Granville `44`` ``11 ,1` C` l erk/Reecorder Ili�l1.�IJI�Ii�l���l�l�i1!�llil�lllll��lllplljhlll111jiljjl$1111l!III11I11!111 No Fee 19950427480 11; 38am 09/29/95 005 026830 24 33 IW O N12 1 7.00 0.00 0.00 0.0@ 0.@@ @.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to ALLIED SPRINKLER COMPANY, INC, who was the company thereon for doing the following work to -wit: NORMA B. GIBBS PARK, PHASE II; CC-882 INTEREST: Easement That said work was completed September 18, 1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, September 18, 1995. That upon said contract Irvine Pacific Insurance was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 19th day of September, 1995. 7��- 4— — City Clerk and ex-officio Cler of the City Council of the Ci of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCY.WAY, the duly e!ected and qualified City Clerk and ex-o`ricio 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 19th day of September, 1995.. J City Clerk and ex-officio CA — of the City Council of the City of Huntington Beach, California g:'folloavp-nscplgs s WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to ALLIED SPRINKLER COMPANY, INC. who was the company thereon for doing the following work to-iviv NORMA B. GIBBS PARK, PHASE U; CC-882 INTEREST: Easement That said work was completed September 18, 1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, September 18, 1995. That upon said contract IrF•ine Pacific Insurance was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 19th day of September, 1995. City Clerk and ex-officio Cler of the City Council of the Ci of Huntington Beach, California STATE OF CALIFORNIA County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF CO..WLET10N 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 19th day of September, 1995.. City Clerk and ex -off icio Cipor of the City Council of the City of Huntington Beach, California g:T01E0%4-UW CPlgs 4 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 19, I995 Gary L. Granville, County Clerk -Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, Connie Brockway City Clerk CB:cc Enclosures &'cc`nscplltr {Telephone: 71 r4-536.5227 ) Council/Agency Meeting Held: =1 - /,Q Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied ew.S� 444AI, AOX Otity Clerk's Signatu e Council Meeting Date: September 18, 1995 Department ID Number: PW 95-057 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBE SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: RON HAGAN, Director Community Services AES M. JONES II, Director Public Works Services . Sl1RJECT- Norma Gibbs Park. CC-882- Notice Of Completion 4 Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Enviroreme tal Status, Attachments Statement of Issue: The construction of Norma Gibbs Park is complete. Funding Source: Funding of $292,415.71 was available in Fiscal Account No. E-SK-CS-609-6-39-00 for these improvements. Recommended Action: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion for Norma Gibbs Park; CC-882. Alternative Action(s): None REQUEST FOR COUNCIL ACTION MEETING DATE: September 18, 1995 DEPARTMENT ID NUMBER: PW 95-057 Analysis: On February 7, 1994, Council awarded a construction contract to Allied Sprinkler Company for the Construction of the Norma Gibbs Park. This park development project was funded with two State grants from the 1986 California Parklands Act that totaled approximately $300, 000. The construction of all improvements are now complete per the approved plans and specifications; therefore, the Director of Public Works recommends acceptance of the project and requests that the City Clerk file the Notice of Completion. The following is a summary of the contract costs: Council Approved Actual Expenditures Contract Amount $256,741.56 $256,824.30 Construction Change Orders $25,674.16 *$25,577.50 Supplemental Expenses $10,000.00 **$9,900.00 Total $292,415.71 $292,301.80 * Change orders incurred during this project include removing plant material along property lines which obstructed the new block wall, spreading of wood chips throughout site created by the phase 1 tree grinding, over excavation of butterfly area to create a more suitable sub base, change surface mounted picnic tables to ground mounted, misc. removals not anticipated in the original design, misc. electrical changes as requested by the City electrical inspectors, cost for testing the slip coefficient of the tile; and the cost of changing the the design from one 38 foot butterfly to 51 separate butterflies of various sizes. ** Supplemental expenses included soils testing, bronze dedication plaques and additional tree removal service which was not included in the project. Environmental Status: Attach_ment(s): MTU:RH:LMJ:RH 0014144.01 -2- 09/11/95 11:11 AM Whiia ��� P.O. PRE,LIMINARY�2026DAY 8N0TICE WHOLESALE CONFRACTONSWREB BOX 1 113258 Job Snc Dosaipton or Address Date of Ndice Nonce Number A7-1 AWrMF 9�'vtw Eawpa iin' Mw34t"7 fi7, CO+lI. 4'—Es E� .O—�i�+ l'�1.IZI4 f� • NORMA GIBBS FIAR14 iN COMPLIANCE WITH SECTION 3097 AND 3B8 CALIFORNIA CIVIL CODE, YOU ARE HEREBY NOTIFIED • THAT WHITE CAP INDUSTRIES INC-. P.O. BOX 1770. COSTA MESA. CA 92626. HAS FURNISHED OR WILL 1 %>:I, IAIs I Inl R ly E • FURNISH TO THE ABOVE JORSITE. MATERIAL AND/OR EOUIPMENT OF THE FOLLOWING GENERAL HUNT INGTON BEACH CA 9 DISCRIPfION:{QUbOATIONHARDWAREROUGHF3iAMNGAiARpyl(ARE.S1ISURFACEDRAINAGE - PROCONSTRUCTION MATERIALS A SUCH MATERIAL AND/OR y EOUIPMEN WAS CONTRACTED BY AND CHARGED TO THE Ct ISmmr,R inFNTiFIFn I iFRFIN THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR CONSTRUCTION LENDER or Reputed Construction Lender • NONE NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEED- INGS, OF ALL OR PARTOF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE WHICH IS APPROPRIATE UNDER THE CIRCUM- STANCES. THIS NOTICE OF COURSE. IS NOT INTENDED TO REFLECT IN ANYWAY ON THE INTEGRITY OR CREDIT STANDING OF OUR CUSTOMER. BUT IS GIVEN IN COMPLIANCE WITH THE ABOVE PROVISIONS OF THE CALIFORNIA CIVIL CODE. WE HAVE APPRECIATED THE OPPORTUNITY OF FURNISHING MATERIAL FOR THIS JOB AND HOP_ THAT IT IS PROGRESSING TO YOUR SATISFACTION. 7 GARY ZWILLING CORPORATE SECRETARY OWNER or Reputed Owner or PUBLIC AGENCY • CITY OF- H ENT I NGTON BEACH • • 2000 MAIN ST /P1. D. BOY. 190 • HUNT I NGTON BEACH CA 926413 ORIGINAL CONTRACTOR or Reputed Contractor • ALL IED SPRINI-:LER CO., INC • 2831 GRETTA LANE: WHITE CAP CUSTOMER IdenlAication P.O. BOX 737 OTHER Interested Parties • JOINT CHECK REQUEST NOTICE WHITE CAP INDUSTRIES DOES HEREBY REQUEST THAT JOINT CHECKS BE ISSUED FOR ALL MATERIALS AND/OR EQUIPMENT PROVIDED FOR THE ABOVE REFERENCED PROJECT. PLEASEVAkttALL CHECKS PAYABLE TO WHITE CAP INDUSTRIES INC. AND THE ABOVE IDENTIFIED WHITE CAP 6UISTO�MER. t OWNER COPY CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 16, 1994 Allied Sprinkler Co., Inc. 2831 Gretta Lane Anaheim, CA 92806 CALIFORNIA 92648 Re: Landscape construction of Norma B. Gibbs Park Phase Two (CC-882) Dear Sir: Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form Must be retigned to ibis offigef r the projectis complerior 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 Nobel, Contracts Administrator, 536-5441. Sincerely, Connie Brockway, CMC City Clerk r l •a�i�l6J__ Enclosure: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 1462K/1463K 1 Telephone: 714.536.52271 STATE FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALLIED SPRINKLER COMPANY, INC. FOR LANDSCAPE CONSTRUCTION OF NORMA B. GIBBS PARK PHASE TWO (CC-882) THIS AGREEMENT, made and entered into this i 6th day of March , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and ALLIED SPRINKLER, 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 landscape construction of Norma B. Gibbs Park, Phase II, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 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. 1 6lagreelgibbsl02A 7/94 M However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY s standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 6lagreelgibbs102I17194 M E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Hundred Fifty Six Thousand Seven Hundred Forty Two Dollars ($256,742), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred fifty (150) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE 6/agreelgibbs/02117/94 3 The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as -the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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 4 6/80reelgibbs102117194 promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or 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. 5 61agreelgibbs102117/94 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. 6 6/egree/gibbs/02/17/94 CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall 7 81agreelglbbsl02117194 promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 8 6/agreefglbbs/42(17/94 When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 9 6/agreelglbbsl02117194 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, 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. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall 10 Blagree/gibbs/02/17194 furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE 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 worts, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name 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 a 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 One Million Dollars ($1,000,000). to 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. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall fumish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; 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 shall promise to provide that such policies will not be 11 61agreelgibbs102117l94 canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms 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 policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, 12 6lagreelgibbs102117194 drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 13 6/agree/gibbs/02117/94 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED 14 6/agree/gibbs/02117194 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. ALLIED SPRINKLER COMPANY, INC., By: Don Eickhoff, President Rejer Eickfoff, S cretatry A X44 City Clerk doo CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: W-14 ityAttorney3-�-K-- I ITIATED AND OVED: I REVIEAtED AND APP OVED: Director of ublic Works city -Administrator 15 6/agrWg1bbs/02117/94 :: 6AUFCNNIIU-PURPOSE ACKNOWLEDGMENT No.5193 State of CALIFORNIA County of ORANGE on 3/3/04 DATE NANCI CLEMENS NOTARY PUBLIC before me,.-.-.- -'-- -- ''--- ---' NAME. TITLE OF OFFICER - E.G. -JANE DOE. NOTARY PUBLIC - personally appeared _ ..- DON E i C KHOFF - __ NAMES) OF SIGNER(SI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their OFFICIAL NOTARY SEAL 41 NANCI CLEMENS signature(s) on the instrument the person(s), -,r' NotaryPLUiC—Callfatmia or the entity upon behalf of which the ORANGE COUNTY person(s) acted, executed the instrument. ' W Comm. Expires FEB 10.1995 I� OPTIONAL SECTION OOMM CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill In the data below. doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) Tjn E(S) PARTNERS) LIMITED GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: WtTNESS my hand and official Seat. NAME or PERSON(S) OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT_._ THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES-_ DATE OF DOCUMENT Though the data requested here is not required by law, A L:AM viviert iTaudroel 5le2machTr1t:rn o11Y,*a icA n StGNER(S} 4T4iE4� T4iA.sk 4�A9AEO F`41.11(E _-. —_ _-_-- 1992 NATIONAL NOTARY ASSOCIATION - 8236 Remrnet Ave , P.O. Box 7184 - Canoga Park. CA 91309-718.4 RNIA ALL-PURPOSE ACKWowL fEWT 3 4r�:_ _ _ :._ _ _ _„•�t;:- .- ... No.s:93 Slate of_ CALIFORNIA — County of.PRANGE On 3/2/94 before me, NANCI CLEMENS, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E G .'JAIE DOE. NOTARY PUBLIC' personally appeared_.._ ROGER EICKHOFF _ -- NSMF(S) OF SIGNFRfSS — U/personaily known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized OFFICIALNOTARYSEAL capacity(ies), and that by his/her/their ''` NANCI CLEMENS signature(s) on the instrument the person(s), ;d µ°�'�ai w Ptak or the entity upon behalf of which the may, ORANGE COUNTY person(s) acted, executed the instrument. My Comm. Expires FEB 10.1995 THIS CERTIFICA'f E MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TM,.Lgh the. d ala ;eq ue4.tr•d h-te SS tval teqv#Ed by 'a.-w It could prevent irauaulr:n: reatlachmen: of th;s corm. mom= OPTIONAL SECTION 03SIN CAPACITY CLAIMED BY SIGNER Ttvko stat m does ncri require Cie %- otary to till in the data below, doing so may prave invaluable to parsons re#yrng on tw documw- 1. INDIVIDUAL CORPORATE OFFICER(S) 'nTLE(Sl PARTNER(S) ❑ LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAWCONSERVATOR OTHER: _- SIGNER IS REPRESENTING: WITNESS m hand and official seal NAME OF PERSONS) OR ENTITYtiFSj Y - mum SIGNATURE OF NOTARY OPTIONAL SECTION TITI E OR TYPE OF DOCUMENT----. NUMBFH OF PAGES-_. . — DATE OF DOCUMENT SIGNER(S) OTHER TIJANNAI,AED ABOVE. . _ =� NA i #OtiA.L YOrARY ASSO� 1-T1 . • ?2 v -_ -,- , we P O. Boa 7184 • Ca^.w6 MM DATE "AA)MfM R PRODUCIA THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFENOT S NRIGHTS UPON THE CERTIFICATE HOLDEFL THIS CERTIFICATE Irvine Pacific Insurance DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2081 Business Center Dr. 0245 POLICIES BELOW. .......................................... I .............................................................. I .................................................. ..... - Irvine, CA 92715 COMPANIES AFFORDING COVERAGE (714) 476-2600 PAX 476-1253 ................................................................................... COMPANY A TRANSCONTINENTAL INS. CO./CNA LETTER .......... ................................................... ­­ ........ ........................................................................ COMPMY B LETTER INSURED ............ ....................... ALLIED SPRINKLER CO., INC. ::COMPANY : LETTER C ........................................ 2831 GRETTA LANE COMI D ETTER ANAHEIM, CA. 92806 ....L......................... ......... ...... ........ ............................. ....................................................................... COMPANY E LETTER 'x - X N, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERMRCATE MAY SE ISSUED OR MAY PZPTAIN, TIHE 11NZURAINCE AFFORDEZ) BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL [I TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS. ................................................................... I ........................... I ....................... ...... .'1'1111 ......................... % ......................................................................................................................... CO: w POLICY OPPI :POLICY EmPtRATION LTA: TYPE OF INSURANCE POLICY HUM13ER DATE (MUMONY) DATEWAIDONY) ................................... ............................................. ................................. ................................. ........................... ............. ­­ ............... ... .... ............. GENERAL LLILBLrry GENERAL AGGREGATE 2 .... ........... .. ............. .......... .......... X COMMERCIAL GENERAL LIABILITY 1037892 PRODUCTS-COMP/Op AGO. :31 000 000 ................... ........... CLAJMS MAZE ;! X OCCUR. .................. ............................. ONAL 05/15/93 0 5 15 9 4: PER`_&Av.,*wRy . ..D.. ....... 1.. . ......... X OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE : i I ........ .................. ..X BFCGL ...... I .............................. ............................................. FIRE DAMAGE (My one III 50 000 ................................ ................................ ..................................................................................................... . ................................................. ....... MED. EXPENSE (Any one person). ..................................... ... . .......... ............ AuTouoeu Lwsury .............. ­­ .... .... . ............. COMBINED SINGLE ................... A; X ANY AUTO 1037893 I.Mff I"000f000 ALL OWNED AUTOS ................................................ '05/15/93 0 5 15 9 4: BODILY 01LIURY SCHEDULED AUTOS (PRO person) HIRED AUTOS MRO VED AS TO FOUL ........... ­­­ ...................... GODLY INJURY ................................... :S X NON -OWNED AUTOS ........ NAIL FUTTON (Pei @=Idenl) ........... ..... ............... ......... GARAGE LIABILITY CITY ATTORNEY PROPERTY DAMAGE ............................................... .... ...... EXCESS UABL= ......... ............................................. Y:. ................. ........... ........... ­­ ............ _.._ ......... EACH OCCURRENCE . ...... -:3 .. ........ .. ............... - 2 000j..000 # I y Attorney Y 1: ..... .. .. ..... A: X UMBRELLA FOFN : ......... D) C w3c, 05/15/93 0 5 15 9 4': AGGREGATE 2 OTHER THAN UMBRELLA FORM ............................. L ................................... ......................................... ....... . ......... .... .... . ...... .. ..... ........... .................... ...... ......... .... ................... ........... ..................... WOMMS COblPENSATION1 :..](.j..STATUTORY LIMITS .................................... .... .. . ... ..... .......... A: CAWC1021SM23 '06/27/93 EACH ACCIDENT 06/ 2 7/ 9 4 .. .. .. :1-41-0.001.000 .......... 0WILOYERS' LIABOM DISEASEPOLICY LIMIT ..................................... ........... ........... ........................ .. ...... . ...... .. . ...... . .. ...... .. .... .. .. ...... ...... .. . . . . .. .... .... .... .... .... ................ ..... DISEASE - EACH EMPLOYEE ...... .............. .......... .............. . ..... . ............. ...... . OTHER *AUTO PHYSICAL 1037892 '05/15/93 05/ IS/ 94'COMP. DED. 500 :;DAMAGE ..... ..... ...... I .. ............. .... ....... .... . . .. ..... .... ... .................... ...... .............................................................................................. :COLL. DED. .............. ....... 501 ........................ .... . DESCRIPTION OF OPERA"nONS&OCAnIONSIMICLESISMUL ITM IN THE EVENT OF NON-PAYMENT OF PREMIUM, 10 DAYS NOTICE WILL BE GIVEN. City of Huntington Beach, its agents, officers, and emtloges are named as Additional Insured per Endorsement #CG2010 at ached. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES AN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL �� svx MAIL --2—0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Huntington Beach 0�1� LEFT, 4 R. 2000 Main Street &�Aunm= R AT112 Huntington Beach CA 92648 POLICY NUMBER: Allied Sprinkler Company #1037892 THIS ENDORSEMENT CIIANGES TIIE POLICY. PLEASE READ IT CAREFULLY. CG20101185 ADDITIONAL INSURER -OWNERS, LESSEES OR CONTRACTORS (FORM BY This endorsement rnodilies insurance provided unde-F the lollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCIIEDULE ?lame al Person or Organization: City of Huntington Beach, its agents, officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as Applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include•as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that Insured by or for you. .01r"1. •••�• Cn � �: LI, In:u�a„r.r rCrv�C�c (llli�� Ihr„ bind REQUEST FOR CITY COUNCIL ACTIO 4 __ I _ I>P� Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Ron Hagan, Director, Community Services MLLouis F. Sandoval, Director of Public Works Subject: NORMA B. GIBBS PARK, PHASE H; CC-992 Consistent with Council Policy? DO Yes [ I New Policy or February 7, 1994 APPROVED BY CITY COUNCIL ! 192y ff CrFY CLERK Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Aems: oe'124 STATEMENT OF Bids for the construction of Norma B. Gibbs Park were received and opened on January 18, 1994. RECOMMENDED ACTION: 1. Approve the low bid of $256,741.55 submitted by Allied Sprinkler Company, Inc.; and 2. Authorize the Director of Public Works to expend $292,415.71 to cover contract costs of $256,741.55, estimated construction Change Orders of $25,674.16, and anticipated supplemental expenditures of $10,000. ANALYSIS: On December 20, 1993, Council approved the plans and specifications for the construction of Norma B. Gibbs Park and authorized the Director of Public Works to solicit bids for construction. Bids, as summarized below, were received and opened on January 18, 1994: Contractor Base Bid Bid Alternates* Total Bid 1. Allied Sprinkler Co. $208,802.55 $47,939.00 $256,741.55 2. Zagros, Inc. 228,562.85 38,649.20 267,212.05 3. Marina Construction 229,529.00 120,000.00 349,529.00 4. DWM Construction 229,912.60 45,798.00 275,710.60 5. John C. Ettlin 238,808.00 43,964.00 282,772.00 6. Sunrise Landscape 256,255.05 88,850.05 345,105.10 7. Wakeham-Baker 257,257.00 54,869.60 312,125.00 8. Lambaren Contractors 257,580.25 38,490.00 296,070.25 9. BoPark 278,541.65 48,340.00 326,881.65 10. Civil Works Corp. 293,327.00 82,782.00 376,109.00 11. Golden Bear Arboritia 334,207.70 172,848.00 507,055.70 *Alternate bid items include a block wall, block wall/wrought iron fence combination, and ,wrought iron gates along the south property line, a pedestrian access along the north property line, and moisture sensors installed in landscaped areas to prevent over -watering. Y P10 5l85 RCA: CC-882 February 7, 1994 Page two -UNDING SOURCE: Contract Costs $256,741.55 Construction Change Orders 25,674.16* Supplementals (i.e., soils testing, utility costs, etc.) 1Q.Qo0.00** TOTAL $292,415.71 Architect's Estimate $295,390.00 "Resolution No. 4896 authorized the Director of Public Works to spend up to 10 percent of a contract amount, not to exceed $50,000, for Change Orders. Staff recommends a budget ,equal to 10 percent of the contract amount. Examples of possible Change Orders include such things as changes in field conditions, unavailable materials, weather delays, errors in the plans, and changed City requirements. .**Miscellaneous soils testing, Edison electrical hook-up, water service, etc. Revenue Sources: Account E-SK-CS-609-6-39-00 (Gibbs Park). :ALTERNATIVE ACTI N: Deny award of contract to Allied Sprinkler Company and select one of the other bidders. 2. Reject all bids and forego the construction of these improvements. ATTACHMENTS: None MTU:LFS: RH:gd 3497g/18&19 ` R AL��oo.b� I have received the Faithful Performance' Bond and the Labor and Materials bond for landscape construction of NQrmg B. [jbs ParkRhasa__ruo—CCC-ai32) on behalf of the Treasurer's Office. Dated By: Allied Sprinkler Co., Inc. 2831 Gretta Lane Anaheim, CA 92806 Band No. 128 62 31 INSURANCE COMPANY OF THE WEST I. C. W. PARK P.O. BOX 81063 SAN DIEGO, CALIFORNIA 92138 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS- That we, nsurance Company of the West (hereinafter called "Principal") as Principal, and—_ -I - a corporation organ- ized and existing'under the laws of the State of - California _, and authorized to transact business in the State of Califnrnia_ (hereinafter called "Surety'), as Surety, are held firmly bound unto City of HantingtCn Beach (hereinafter called "Obligee"), as Obligee, in the penal sum of TWO Hundred Fifty SiX Thousand Seven Hundred Fort Two Dollars*********** Dollars (a 256, 742.00 ---4, good and Iawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, admintstraters, executors, successors, and assigns, jointly and severally, firmly by these presents. Signed, Sealed and Dated this 2nd day of March I994 Whereas, the above bounden Principal has entered into a certain written contract with the above -named Obligee, dated the day of SAW CX, ,104 for Norma B. Gibbs park, Phase II Cash Contract 882 i which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length heroin. lnCludi 19 the maintenance provision, guaranteeing the _work for one year. 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 Obliges 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. Allied Sprinkler Company, Inc. Principal APPROVED AS TO VORUX CAIt BUTTON CITY ATT b 1 - INSURANCE COMPANY OF THE WEST �a''y fi—* p Surety I' BY Q Attorney -In -Fact ICLV-CAir122 James A. Schaller r ' r PAYMENT BOND —PUBLIC WORKS Bond No. 128 62 31 INSURANCE COMPANY OF THE WEST HOME OFFICE • SAN DIEGO KNOW ALL MEN BY THESE PRESENTS: That we, Allied Sprinkler Company, Inc. 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 ioialof Two Hundred Fifty Six Thousand Seven Hundred Forty Two Dollars********** Dollars. (Q56 ► 742.00—). r 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 oblig tfor.N uch that; whereas the above bounden Principal has entered into a contract, dated , 1994 , with the City of Huntington Beach to do the following work, to -wit: Norma B. Gibbs Park, Phase II Cash Contract 882 Now, Therefore, if the above bounden Principah 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 Iabor 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 reasonable 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 3247-32S2 inclusive, and all amendments thereto. Signed and Sealed this 2nd day of Match , 1994 Allied—SpTinkler.Company, Inc. APPROVED AS TO FOR" � ` i `- GAIL TUTTON INSU ANCE COMPA OF THE WEST r CTU AT'T Y: urety 1 By. = DaPutY Citi e� By J s A. Schaller Attorney -in -Fact iCW-CAL• 123 INSURANCE COMPANY OF THE NEST 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 laws of the State of California and having its principd; office in the City of San Diego, California, does hereby nominate, constitute and appoint: JAMES A. SCHALLER its true and lawful Attorney (s) -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 adapted 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: "RESOLVEO-. That the President or Secretary may from time to time appoint Attar neys-in•Fact 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 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 seat to be hereunto affixed and these presents to bd signed by its duly authorized officers this 12TH DAY OF FEBRUARY 1987 CAMPANr0� INSURANCE COMPANY OF THE WEST �} D � r4uraaN`* President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 12TH DAY OF FEBRUARY �AG& the subscriber. a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came E0"05T RADY President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and 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, 1 have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. , NORMA PORTER ", � fi�TARY Ptletl6 • txclFo�M r**-% r ono iw sM Dow a—" my tdrwisrirs Ew � IL tU Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS` I, the undersigned,: "v= v..esTIN. rrc. 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 WHE EOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this RA4 day of 1994l/. ��ptAP�MrO i 4F'+cN ,.+�� 1 Secreta ry Chi rF p4N�* lCVV CAL 37 (REV. 5/32) INSURANCE COMPANY OF THE NEST 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 laws of the State of California and having its principal, office in the City of San Diego, California, does hereby nominate, constitute and appoint: JALMES A. SCHALLER its true and lawful Attorney(s1-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute. Seal, acknowledge and deliver arly and ail 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 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 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 pe signed by its duly authorized officers this 12TH DAY OF FEBRUARY 1987 c0 UN), INSURANCE COMPANY OF THE WEST a�RW 1, C�Igo RN�* President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 12TH DAY OF FEBRUARY ]b%%Te the subscriber. a Notary Public of the State of California, In and for the County of San Diego, duly commissioned and Qualified, came EA*TEST RADY President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and 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. OFFICIAL SEAL h• + NORMA PORTER • 1►9TJlR'f ry81tIC • GL3F4�M r prr x� d1W w?aw Der �4 Est Im & 11U Notary Public m! STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO I, the undersigned,; » w- ,,,,sr'r, iu• 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 WHF-XkEOF. I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this,R/LX day of M44zx. 19g41, `p4PaHro� a ti Vt/ y<RtNI ti1�ti `.i Secretary ICW CAL 37 (REV. 5/22) 11ilIq 11l3/ge f NOTICE INVITING BIDS cc --gs Z _ Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street,. Huntington Beach, California, until the hour of 2:00 p.m. onJAN ,16,/_?2�L, -at which time they will be opened publicly and read aloud in the Council Chambers for the 6nSTzuentm of lao2MA ?,, 6j&AS. 'A&g__ _ _ in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on Dm. 2-9. . 1943 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non—refundable fee of $ 30. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid . bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance -of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. , Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the20"4 of Vic• . .1933 Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 03286 cl, I �) / -,0 P REQUEST FOR CITY COUNCIL CTION Date December 20, 1993 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrato { 19-? Prepared by: Ron Hagan, Director, Community Services � fl¢Louis F. Sandoval, Director of Public or Subject: ��``�� NORMA BRANDEL GIBBS PARK DEVELOPMENT; CC482 Consistent with Council Policy? D] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF Plans and specifications for the construction of Norma Brandel Gibbs Park are complete and are ready for Council approval. RECOMMENDED ACTION: 1. Approve the plans and specifications for the construction of Norma Brandel Gibbs Park, authorize the Director of Public Works to solicit construction bids; and 2. Approve the attached Sample Contract, subject to award of contract to Council approved lowest responsive bidder. ANALYSIS On March 1, 1993, City Council approved conceptual plans for Norma B. Gibbs Park. The landscape architectural firm of Heimberger—Hirsch and Associates has completed the plans and specifications for the construction of Norma B. Gibbs Park (see Location Map). This park is located on the west side of Graham Street, between Warner and Heil Avenues. A first phase consisting of clearing, grubbing, and removal of dead Eucalyptus trees will be done under a separate contract of approximately $50,000. This work will be done by a city tree trimming contractor at a substantial savings to the city. A second phase includes irrigation, walkways, landscape, picnic areas, block perimeter walls, biological and historical information area, concrete trash receptacles, and security lighting. The architect's estimate for this portion of work is $295,390. EM9RONMENTAL STATU : Negative Declaration No. 93-9 was approved by the Zoning Administrator on June 3, 1993 (see attached). Therefore, the City can proceed to construct the improvements as shown on the plans. E" Li No 5/85 RCA; CC-982 December 20, 1993 Page two FUNDING _SOURCE: The landscape architect's estimate for the construction of the Phase II improvements is $295,390. Funding of $100,000 exists in Account E-SK-CS-609-6-39-00 (Gibbs Park). However, Phase I costs will reduce this amount to $50,000. Therefore, it is necessary to transfer $246,000 from other park acquisition and development fund accounts (#718639 and #716610) into Account E-SK-CS-609-6-39-00 for Phase II. This project is utilizing approximately $276,000 from two state grants. Gibbs Park Orginal Budget (E-SK-CS-609-39-00) $100,000 Phase I Costs (50,000) Remaining Funds Available for Phase II $50,000 Phase II Architect's Estimated Cost $295,390 Remaining Funds Available for Phase II (from above) (50.000) Additional Funds Required from P A and D Fund $245,390 ALTERNATIVE ACTION: Deny approval of plans and specifications and forego the construction of these improvements. ATTACHMENTS: 1. Project Location Map 2. Negative Declaration No. 93-09 3. Sample Contract MTU: LFS: RH: gd 3480g/ 10& 11 PROJECT LOCATION MAP OFFICE of ZONING ADMIMSTRATOR CITY OF HUNTINGTON BEACH•CAL11FORNIA P.O. BOX 190.92648 PHONE(714) 536-5271 NOTICE OF ACTION June 3, 1993 . Petition/Document: NEGATIVE DECLARATION NO. 93-9 Applicant: City of Huntington Beach Community Services Request: Development of a neighborhood park on an undeveloped 5.0 acre park site, the park site will be developed over two phases which include removal and replacement of unhealthy trees, installation of picnic tables, lawn and footpath areas, a play area and minor lighting and irrigation. The designated park site contains a natural eucalyptus grove which has a history of use as a winter roosting site for monarch butterflies. The proposed park development plan has been designed to maintain the roosting area. Location: Norma B. Gibbs Park (west side of Graham Street approximately 620 feet south of Heil). Dear Applicant: Your application was acted upon by the Zoning Administrator of the City of Huntington Beach on June 2, 1993, and your request was Approved. Included in this letter are the Mitigation Measures for this application. Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Commission by you or by an interested party. Said appeal must be in writing and must set forth 'in detail the action and grounds by which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of Two Hundred Dollars ($200.00) and submitted to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action. The last day for filing an appeal and paying the filing fee for the above noted application is June 14, 1993. -Draft Negative Declaration No. 93-9 Page 2 MITIGATION MEASURES: 1. To prevent the spread of the longhorn beetle infestation with the improper disposal of trees or infected foliage, the Public Works Department shall comply with the following provisions when disposing Eucalyptus trees or infected foliage: a. Trees to be broken down into bark mulch to be used on site shall be chipped and shredded to a maximum particle dimension of 3" to insure destruction of larvae and prevent the Eucalyptus Long Horn Beetle from completing their larval stage. b. If removed trees are to be kept for firewood, or held for a period of time prior to mulching, the trees or fire wood should be kept in a sunny location, covered and sealed with 6 ml clear plastic sheeting to prevent beetles from emerging and colonizing while wood dries. Heat generated and trapped by the plastic kills the larvae and emerging adults. c. Excess infected Eucalyptus foliage and wood to be removed from the site shall be shredded/chipped to a maximum diameter of 3", burned shortly after removal, or disposed of in another method which complies with section 4714.5 of the Public Resources code. 2. To reduce any adverse impacts to the monarch butterfly roosting site, all tree removal/maintenance activities and park construction activities shall comply with the following requirements: a. All tree pruning and foliage removal activities shall be kept at a minimum. Furthermore, all construction and pruning/foliage removal activities shall be conducted in consultation and compliance with the recommendations of the Monarch Program to insure that activities will not adversely impact the roost habitat. b. All pesticide/fertilizer application on site shall be conducted in consultation and compliance with recommendations of the Monarch Program to insure that activities will not adversely impact roost habitat conditions. .Draft Negative Declaration No. 93-9 Page 3 C. The roost habitat shall be monitored annually by a monarch biologist to ensure that park development has not generated any unforseen impacts to the roost habitat. Should any such impacts be identified, the park uses shall be relocated or removed if necessary, to mitigate the impact. 3. To minimize noise impacts to area residents as a result of construction and tree removal/planting activities, the Department of Public Works shall comply with the following: a. During construction and tree removal/planting phases of park development, all construction vehicles and equipment fixed or mobile shall be equipped with properly operating and maintained mufflers. b. Wood mulching operations and vehicle staging areas shall be as far as practicable from sensitive noise receptors. 4. To minimize impacts to circulation conflicts as a result of tree planting/removal and park development, the City shall implement a construction traffic circulation plan identifying the routes which construction vehicles will use to access and depart from the area. The plan shall also identify any temporary bicycle and automobile land obstructions and the placement warning signs, deliniators, and/or flagmen if necessary, which will be utilized to maintain safe circulation during construction. Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Ordinance Code requirements. I hereby certify that Negative Declaration No. 93-9 was Approved by the Zoning Administrator of the City of Huntington Beach, California, on June 2, 1993, upon the foregoing conditions and citations. Very truly yours, Michael Strange Zoning Administrator MS: WC: Ip (6829d2,4) MU1104 STATE FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR LANDSCAPE CONSTRUCTION OF NORMA B. GIBBS PARK PHASE TWO (CC-882) THIS AGREEMENT, made and entered into this 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 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 landscape construction of Norma B. Gibbs Park, Phase II, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by 61agreelgibbs110128/93 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 Bid Sheet(s). 2. ACOEP_TANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated Into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 2 6/agree/g ibbs/10/28/93 chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 Slag reelg ibbsl10/28/93 5. IIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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 4 61agree/g 1bbsl10/28/93 cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or 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. 5 61ag reelgibbs/10/28/93 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. • CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. 6 61ag reelgibbs110/28193 CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall 7 6/agree/g ibbs/10128/93 promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 8 fi/agreelg ibbs/l 0/28/93 When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CQNIRA ;T FUNDS, SUBSTITUTIObQE aEQURIIIIES 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 to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 9 61ag reelg ibbs/10128/93 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, 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. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall 10 8/ag reelg ibbs110/28/93 furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE 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, productslcompleted 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 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 a 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 One Million Dollars ($1,000,000). 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. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; 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 shall promise to provide that such policies will not be 11 61ag reelg ibbs110128/93 canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms 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 policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION -OF -PLANS. ESTIMATES_AND_O_T_HER_DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, 12 61ag reelg ibbs110128193 drawings; reports, calculations,- maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND,.OFEICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 of seq. 26, STOP NOTICES; RECOVERY OE ADMINISTRADVEQQ,�TS_ CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 13 61ag reelgibbs110/28193 Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. • iiu =s •► CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED 14 6lag reelg ibbs110/28/93 The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (Circle one) Chairman/President/Vice President By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer ATTEST: City Clerk CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attorney � n -1.is-PO !4 . a 93 INITIATED AND APPROVED: Director of Public Works 15 6/ag reelg ibbsll 0/28193 CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: �Uo-r2 «P _ 1 5 J' DEPARTMENT OF PUBLIC WORKS : �!� BIDS OPENED" Imo_ _�9q� ENGINEERS ESTIMATE._ Z� � �d-- QC.N� g AHI` P N� ML\i14L�ti` IE�CK BIDDERS,,,`- CID�--- � ,; o c . �b n�S j lao cn C! N No ITEMS OF WORK QUANTITY uhll7 PRICE AIriBUt�T " ARICE AA[OUNT PRICE AG10Ui,T PRICEE A+10UHT 4� • vc, - I 01 coo. c"x j Cam- • a� `7. L. S Zro ao - . oo 2 5co. Cc) -` 3 _�Ao L� -n a t- S - j 2-0ro • oo - om. oo -- dao . co -- 1 . ocD 4 Tao _ -- 1~ .5 oaa . cam _ o aoo .00 - 3 oon . co r-775 I CK. S9 3, 33�. s`� �-� :g. bo i -csl os•' -z' 4 3 ' �`� 4 (�•?" • c�. #� V 1 ,� c-, i D (� C `f. d qD Rom-. co 100 j b do. o"a 5b, -, so. co 306 7�Swr,- L -c=— Ole L j i 2 groo: o:;, Zoo 3 j ! 20. as -I["9 a G D.op Z. c- 8 ► � C.� ? I li °' 3 oSo.coo �Ca ! �,o.00 s00 4,2-M-oo Co, 32q.40 2.1(v Z 0, 3.zs" 63 S 7CD lo5 � i4,6,5 .S5 14 (P3%.00 977 %5 29 0 t5• f=. 4 1 S " 1. 4 F5.o i a. co 4.2jD 18 o r 8. oo Z a z. zw }Z t3a Sb� • oo "72D.CXD 1. 3EX7.00 co •00 13 G�.1 c S CA. �° 2 zso . oo Qa Z 01 (-. na 4�?�' 400 •� �,o`� 2 080. z L'n InA S51 40. (do 1. &b (o. 37cp 4(,, 7� 30 4q2. Do] 10 19a• oo oo� oo.00 i loa a q lj .co q90� i a a tic DES r� S -- LS --- 700. CP 000.E _ o 000.Oo -- 7G&O.oD 095 �. 0 2 9 fz). co 24m -71 D Bo. oo °° 480. m 24:7v TOTALS 1 + CITY OF HUNTINGTON BEACH,CALIF. BID SUII MARY SHEET FOR: AoP-MA ;2�• DEPARTMENT OF PUBLIC WORKS 8tD5 OPENED 19 ENGINEERS ESTIMATE QC.NR �gZ- AHFP No Hl.niivLeO'. 6E4K . BIDDERS i LucZ,', KL—� A, 1 N c • Li a�� ; cTa2� 4 -1�)w m CN smj c.1 s or--� ITEMS OFWORK OUANTITY UNIT PRICE AMOUNT PRICE~ AMfOUNT PRICE AMOUNT PRICE AMOUNT No 71 t 4 dO 5 94o. co 170cr 4. COO 8 goo. oa Dc 9�a GrD 19 2 i E5P'- _ Go 700 11,400. co Zo 240.aa (c,� i 3b d.Co 51a" .20 - Mo ILe r �. 00.a0 LJ4J.Wl -W Qh- ^•00 co [w w •ate l�. 00 I 4� til.i— eYL 70ri•oo oao. Do -.bcaS �zqr� w 10 5bo. co 17 cmoo - `LZ, bf0. oa - off. oo 3ltJ.c� 0 14. MC L �lJc/• �Q I Lf. C+� r J Co. Oo b. 24 v -`� aG� - -- bOO.no - Z ��• DO 00 ! Sgo, Cx7 z. LTOTALS � CITY OF HUNTINGTON BEACH,CAI_IF. BID SUMMARY SHEET FOR: . 4o2=�:ia _ 2-4 DEPARTMENT OF PUBLIC WORKS c: 1 BIDS OPENED ^' �9 ENGINEERS ESTIMATE QC.N05z- A H F P No �iV�li�G70•. iE�:K ' BIDDERS u_ I -q--vitlA co�s���� Na ITEMS Of WORK OUANTITY UNIT PRICE AMOUNT' PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 4, w4 15 �� �lo� I7 SZS. oo' 4237 15, 9lp3. co 4E; !4 b .00 4� z AE57-P-L- 6.�yC� I L.� , Wc- 700-moo 1-556' ✓tii"'.`."" 40009 1—ILloo-oo c.Iu�� •[v °o 20 o52. oo .4�. 1� 1. a 1 �t� �S'o. -414 L ., ti a i boo - oo • 00 2 . Do 25 t �a,.3 s - - �- • s -- zoo. 000 . oo -� �.� R . po "lv �ots7vP � -- L-S. I .00 `� ao�•ao -- cl (Xoxc -- - IZ ��Es -:E>> 1 i) 4I, 9 �.,�S.ac7 � C�8w. C� is: � 3. o� 374&4: —I ` -- 250 737. 2 4� Zq�i .¢(a �� �4 z.cn ZG7 376 . (,,o TOTALS cITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR. J1 DEPARTMENT OF PUBLICWORKS F� BIDS OPENED ��. _Ig _y9ENGINEERS ESTIMATE_ 2, �� _ GC.Na g2- AHFP NO n �,1411.iV+ 6i�1i r B ! D D E R S Jo �a C . asc WA - ice,-� gz,-) j�c4Am (r 0src' n?t 7.14CI T EMS OF WORK �4 IO�uA141ITY UNIT I P R I C EJAMOUNT PRICE AMOUNT PRICE AW.0 N'T PRICE AMOUNT i Hoe.. irr � 35 l� ca✓e • Cv T t D can .off L-, a �- ' 3 0 00 (coo.c%D - :cCo.00 a7.75 CX 25 �.,1q �. j 7-R 7 4,5 . 09 4J3 4 zr z 0 I .<t) I. 711• , f C. Vr,J C-, rD c•`f. �Z. 2, ?�.c�� .5'�0 .�1-:25 5 o5 2� Z2G.00 13.5a 3510-co /.3. c .� �Cl.(X� a� 2.34�.c� °� 3 �. Z. �Z•Co 1097 3 4,31,610 7 �, oD a 2.75 9l . 5 2• 0/ 5' 77 . o� z 5 s . -79 -:5,. - P 74 076-b `Z•?� a 7 09 7 cc; �S-^- I Cp Lc Ca►Jc��"TE; 4 -9 o .00 0/� %& ,(S" j . ls� 7 o3a • S.S Z $ S. c� FJ 3 -rjoCazp.I GA. 5!0 80. 5319 �� E -i , 230 3� [8-oa 33 414 Zo.ov 13. S 9g9.00 �� IJc 91Z g &>5-Co ?576b .sue CID"�'- 1 GX)o•oo 645.a oCa cc- 2a5 L.. �?°� 7 9 S.o� 73 7►C2-&.10 (�� 7Zo.o� 2� 7375.c� f _ AZ)as-E, I oI TOTALS I - CITY OF HUNTINGTON BEACH,CAI_IF. BID SUMMARY SHEET FAR: ,otA G. &3- 2 _ J} DEPARTMENT OF PUBLIC WORKS ! r. BIDS OPENED 19 ENGINEEFfS ESTIMATE C.C.No �2- A H F P No e � (BIDDERS - J.. C'i i- L I ►v i�-r�� c� -7 ��" -r l�ti �2c N � i�c-i�,� k� ITEMS OF WORK QUANTITY JUNIT �PgICE JAMOUNT PRIDE AMOUNT PRICE �AFtO'JK� PRICE �AYGUNi f I S 19 251 o�.1 ESN cuan, ?2 • ac7 7G3. co 80.c� /_jam.cz� �.� i ; �y N .ccc I �r A, t� -- L •5 - 8r�• a - . 54a. 6o ro.cza ¢0. S-o �I I7C�ff tio�J21Z r L.5 - o 2:?Q.co -74-7. �S C0,19 . oo 7- . I - l�17 Cam. a J . -- 2�1 5c)-'C122, Gd Geo.Oa 2G -`� �s-�,.� c>a ! -- L- `" - oCb• - / a gl. Za - cao - 3 00o .©o f O(% I L� l S i OiZ1 zo 0 � IDjr L r l .co 2 ZSj. - 2S 7z. ca s7 2•s, G � I i 1 TOTALS i ,T CITY OF MUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FEAR:aa_ DEPARTMENT OF PUBLIC WORKS BIDS OPENED 9 ENGINEERS ESTIMATE C.C.N0 Z AHFP N „�,:;+,::.r• a �„ � '�r�t~Z-�� I BIDDERS_,,as Lam_ � k� lITEMS QF'�r'OI�K QUANTITY UNIT PEACE AMOUNT PRICE AMOUNT PRICE AMOUMT ;�9:Cc f AMOUNT Ip'-�e�L1� t�E�cK �.3�1L1� �.•t 5< %5'�G� GD �• / 0,7! `��� p� 3z9'.�G c-a Szcn`° 162q.25 l (,zy7.5' -9aUoo 900•cD 313 N11944-7,Qpf I -co 14, a$S cx:) ;4— ! 1 I (?C�� I Cc -o. ? 1 G�. /, GG�.7J Aoc • Gb ¢j�`� Ste. r��? 25 a ar . S — % CG'O • oia -" / %D /. oo J`%, p-o moo{ sTv /0-310 . co I `�o%� 2T7 I �$ • b� � 3l7 030.7 7 3 9� a� � 8� 8�.�4�• k TOTALS CITY OF HIlNT1NGTON BEACN,CAL IF. BID SUMMARY SHEET FOR: Ku�P- P C! J1 DEPARTMENT OF PUBLICWORKS �4 BIDS OPENf-ID _��a►�. Ig i9q�q- ENGINEERS ESTIMATE j 2�iS�3�j0 C,C.NO gZ AHF P No �jC� I OT 3 BIDDERS No ITEMS OFWORK QUANTITY JUNIT IPRICE AMOUNT PRICE AMOUNT 1PRICE ANOUkT PRICE AMOUNT Ld�Q�, i�1 �-; � a� �-- �-• S. pC�, rp � �J�'�.3� � '� Ih �A I� - �5�oI j 3Ga Oo I 2 - L . S -- Zo Mo. co - 2 - G¢o , o D, c -- Q ��,�so -- f L S -- 20 aao. oo /!. 200. oa - ?�.00 ` I (n c S 007. o0 7s*�° ,f-. 4� t� �a it II i �QQ Z f `� . c0 a. o j env I C�3� a Cho_ Dv S3 . Cx� 9 �� ���. ,� eg77 s. - o o`' i s 00 sus ►J r.1:> EE .. -+C i 9 79 . 0 .7 1102. C CO ? 0 4. Zvi o Fo a i3 or. c, s 8 CA ` " 2 zoa. Go fib 24o •oZ) UIa -ra.� S 3 Soo �. . ao �# . a� 1 84�. c� 2,9 44 `3e�c�y! /b l 6 0.00 � 7 000, co (35-z. 1? (75. oz S 17 I `?u..A-;z LoC� - ,.scc- 2�iS L.� 22�� Ip� 4-�1�. a� �4:So 1 /3 244-. 00 -OS-C9 B Y-SS TOTALS CITY OF HUNTINGTON BEACH.CALIF. - BID SUMMARY SHEET FOR: �2e— DEPARTMENT OFPUBLICWORKS. � I31DS OPENED- '!9 ENGINEERS ESTIMATE C.C.N� Z AMF-P NO BIDDERS Ciut� I kN� ITEMS OF WORK !OUIANTITY IUNIT . PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT t' �7�. f f �oZo� ! �v. CXJ ► c c• I S �O -v77'S iq i?N ��-� 2-?8 7s6. oo 3z�.r lvSz. !�'✓ ! � a;--c. t� 11 N -CC+C ri 1tC i �- 5 5m. oa - 2 . a coo. o 0 - o . c 0 ZS. oo y�; ! l -' t- S o - .o coo 00 J27. So 3 7 0 _ ci, - j �o -.� 70o .aa - ! -q ,rn�-�,.��,c� I k L-s - S' 60-'m - zoo.00 I .. � � 5 o�.� -, 278•CS13. bD'7.7v i I f 1 1��►i ce oi74�- TOTALS CITY OF HUNTINGTON BEACN,CALIF. BID SUMMARY SHEET FOR: �o .a _ 2F4 DEPARTMENT OF PUBLIC WORKS SIDS OP1`N�D � -' 1.9 ENGINEERS ESTIMATE C.C.N°. BZ-- AHFP NO BIDDERS CIS 1 (� cow . >en IIIEMS OFWORK OUAHTITy UNIT PRICE AMOUNT PI;IGE AMOUNT PRICE AMOUNT PRIG AMOUNT � L -imal r r is E I lOs �-} s I� �l�L .K- W �. �j I -.� of ! �»�-� • CtL7 71 554. G`7 .00 f �4D,650.00 + ��.�o i?1b� I o00 l cx�, o0 107 24$01' 77 &7-4: Zo� . s� ac� r� �o� i �. j , 6-, Po 00 � Z 5 ► �,� � -- �..s -- . o� _ 2 olio• c� � � �• I� . Tim. co 14--oLL: E 1 i bTprt- I 311. &S 4 ad",08?.CID 48 .70 I TOTALS PROOF OF PUBLICATION STATE OF CALIFORNIA) } SS. County of Orange PUBLIC NOTICE:�ii V-NOT10E--:- i i INVITING .. CC•t382 �..° l am a Citizen of the United States and a .• Notico--is- ie"'b given resident of the County aforesaid; I am i thatisea'.ed:bids will-bo re= cefved by the City of Hunk [ington•.Beach the over the age of eighteen years and not a r at office 1 of the-CiO.-Merk-at City Help 2000 -Main Slreel party to or interested in the below I nivurvil t Beach; Ca2:06' n�a.' until the hour of 2:Ot) entitled matter. I am a principal clerk of f I ' P.M.hion-'Jan. Te; -will at which time 'be the HUNTINGTON BEACH INDEPENDENT, a I opened publicly and .rear) aloud in the Council`Cham= newspaper of general circulation, printed i I berg ' for the CONSTRUC= TION OF NORMA B.'GiBBS PARK in the City - of `HOn= . and published in the Cityof Huntington tingfon Beach:_' ' ' , ; 'Aset of an5,•aIecifica-. -and. Beach, County of Ornge State of , Boris, - ayi-- contract documents may"'tie' oti=' California, and that attached Notice is a tained 'on . pec.- 28; ,1993_ at the'Department,G'f Public 'Street} true and complete copy as was printed Woiks,,.2000 Main Huntington Beach,-Cald&- and in the Huntington Beach nfa,. upon receipt qf;6� 6—&j refundablefe6'of530.00:a Each --bid: published and Fountain Valle issues of said y shall be made i n lhe'mannesaprovlm•antl iii,�IF'io "manner. provid0dzin newspaper to wit the issues) of. o bel . documents; and s and halll'be;accompanied b'y- a,,cerified .or. cashfer'g tiheck or. a -bitl band -for: not ` less than...10% ofc.the amount .of,. the bitl, made payable to the City'of Hun' tington-Beach. The conlrae, for shall;- inr_Ihe :perform anco of the: work, ard im, January 1, 6, 13, 1994 provemenls,-conform-to the labor Code of the State of California and olhorlaws of the'State-of californfa ap.- I declare under of perjury, that plicable f-thereto, with- .thtj exception cnly:of such:yari= ations that may be required penalty under the special statutes the foregoing is true and correct. sunder proceed= ingn he mgs hereunder are taken and which have not been superseded by,the provi. sions 'CIV the' L•abdr,165odel Arefere cn2 toffatior_� qi 11f C Executed on 199 4 �+ �aillldT`7 i be given only°in_the m`an- :a% r at Costa Mesa, California, nor provfded-'by law; re�bidspi. boriconrsida Bred urifess ft is made on:d lorm furnished -by -the City, of Huntington Beach andE�s made in accordanrC-!w!th thet,provisions`of. the?pro t posal,requiro ments, , Ea�htiidder_ ell be !i•. ceirggd'"arid afs'o{piogiiatf= lied`as requfred:becla'w;J� Te Cf•he►o h Cty.okit:ngtori`8-each u reserve-thn right,to reject any of all -bids; ` r; --. y •. By�Ordt~rial+they CityyCoLl tu Signare cil of l?:*LCity;ot,Huntingtoni Beach, i C51ifornia'�tFie'20fFi Publish iEC E IVEr y 3 JAH 10 2 01 PH '94 BID PROPOSAL ALLIED SPRINKLER COMPANY, INC. Firms Name To the Honorable Mayor and City Council of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the: Norma B. Gibbs Park - Phase Two I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository, the by- laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialsman which is not processed through said depository, or which any subcontractor or materialsman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works; City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: Item Approximate item With Unit Price Unit TotalNo. Quantity Written in Words Price 1. L ump um Mobilization 721-,a `A. n. j S�� 414't(d l t S Amount QWS e.9 a 2. Lump Sum Insurance Pie `fh rs � Y�o I`{c �, ti i �Ij�iS Amount writen in words L.S. OD lzoo J. Lumpbum Uemolition On�E� %h-i v /Z000U Amount written in words L.S. P-9 Item Approximate . Item With Unit Price Unit Total No. Quantity Written in Words Price 4. Lump Sum Earthwork (excavation for site improvements & subgrade prep.) Written in words L.S. 4000 5. 87.75 CY Aggregate Base `< rcyj f ; 9 !�T Doff rgr's 30. n" 3 3 3�,57� Written in words CY 6. 10.6 C.Y. A.0 Paving T Written in words CY 7. 260 L.F. Concrete Swale Da/1*0 %l oa ZCIO Written in words L.F. ' 8. 280 L.F. Concrete Curb g7l"a'O &y I )bf/oie> �3o b'� ad Written in words L.F. 9. 2,877 S.F. Concrete Flatwork -too -PO1f 1►CS 7u1 c 7� 226 63V, Written in words S.F. 10. 4.879 S.F. Concrete Flatwork/ Thickened Edge � �,l w--s �� yGc �j ►'v� crr'-5 Z, Js�- t3, Written in words S.F. .Integral Colored oncrete lud D;14 6 cr�, -07 P U 11, C01-73 Written in words S.F. 12. 2 EA Bollards Written in words I'WO 14kpi4Kk� ii f 1)U11,1A cry SZU �- 13. 8 EA Tree Grates 7wu A /C(Oxj & yam,, �'i, f A,iIr1i2s mac. Written in words EA �± z Z WO 14. 3-,AOO-S-.F Tile with Slabs � Z(00 5.�, �v�� pal/►¢r:� Si�r� �Fz-i~5 �D. (off S�, �,�L�� Written in words S.F. 15. 9 EA Benches m t)G`r++�r2 T t�� i)v Il W,2 G ce- Written in words EA P-2 Item Approximate Item With Unit Price Unit Total No. Quantity Written in Words Price 16. 1 Lump Sum Picnic Tables with Slabs Written in words L.S. (c 7UU 17. 295 L.F. Pillar Log Fence Written in words L.F. 18. 4 EA Stone Pilaster oPjL--f ,—sited. u� i ��2�1 ��y�;z� /Q �. U� �yq�,o� Wrien in words 4;'Vfl 71/J1 2S- EA rasti Receptacles (,11 v3r95 Written in words EA %GU GU e" lJGG Lump20. um Maintenance Access Drive Approach O,U6 �fd Au1 art,?s d�, Written in words L.S. f0 v 21. Lump Sum Litter Can Holder Written in words L.S. 22. Lump Sum Irrigation j `f&J(,-tc Al I N LCi Written in words r%Ili S L.S. 7GU 23. Lump um Planting Written in words S,vrL? ; Lx c, L.S. oa 24. Lump Sum Electrical VACI- �EA)' YfG-v,.V*4 Di1 � ze3 -� CrCrd o a Written in words L.S. 25. Lump Sum Thirty (30) Day Plant Establishment Period 4w, 14i ,V&e, . Written in words L.S. 26. ump um Sixty ay Post Maintenance Fenod o►j& 7Au,., 5.)6,4 cc Written in words L.S. 27. 160 S.F. Biological & Historical Information Plaque C- Written in words S.F. P-3 Item No. Approximate Quantity Item With Unit Price Written in Words Unit Price Total ABASE BID Written in Words -40 _6w`) 44 & 28. i1e.r. (pZ(., L Alternate Bid Item No. 1 3d3 Zf*. Sul-;6 610 uc �6-0" High Block Wall 313 Dc-civ*n�e- sleN 29. 1 EA Alternate Bid Item No. Metal Gate Written in Words EA Alternate bid Item No. 24" High Block Wail w/48" Decorative Steel Fencing 31. 1 EA Alternate Bid Item No. 4 sF�S Metal Gate �,, r,,� L,, dwt d �4.;1dL Written in Words EA �.n 7U U 7U� 32. Lump Sum Alternate Bid Item No. 5 Pedestrian Access OA,E `1sljKc� j�vo /�cyt�Rf�- /�i/l�r'LC Written in Words L.S. o� /ZOO 33. Lump Sum Alternate Bid Item No, 6 Moistuuye Sensor �/ UN E `11KC1. t,f� jf-v f�v AIC4 card Written in Words L.S. /77a r P-4 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating she comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is sixty (60) calendar days, excluding thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to exceed one hundred -fifty (150) calendar days. if awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans specifications, and the contract. Accompanying this proposal is BIDDER'S BOND NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No, 278755 ALLIED SPRINKLER COMPANY, INC. ROGER EIC OFF S-tgnanire of Bidde Business Address 2831 GRETTA LANE, ANAHEIM, CA 92806 Place of Residence CHINO, CALIFORNIA Date this 18TH day of _ JANUARY I9 94 Bidder shall signify receipt of all Addenda here, if any: • Date Received # s Si re 1/13/94 C P-5 CITY OF HUNTMIGTON BEACH 2000 MAIN STREET P. 0. BOX 190 ADDENDUM NUMBER ONE Louis F. Sandoval Director Notice to All Bidders: NORMA GIBBS PARK CC-882 January 13,1994 CALIFORNIA 92648 Public Works Department (714) 536-5431 This first addendum is hereby issued to clarify the following items and/or discrepancies: Re: Alternate Bid Item No. 1: Quantity shall be 626 L.F. Bid shall include 313 L.F. of a solid block wall and 313 L.F. of block and decorative iron fencing. (Ref: Detail D and E on Sheet L--2 of Plans.) Re: Bid Item Number 14 shall be revised to read: 1,260 S.F. -- Tile w/slab per details G & K on Sheet L-3 of PIans. (Bidders can call Nile Palmer at SportsArt at (310) 943-2089 for assistance in bidding the tile work.) Re:1.Bid Item Number 27 shall be eliminated from the bid. 2. Sheet L--5: The Carissa macrocarpa ground cover shall be one gallon size @ 5' o.c. Re: Section 2.15 of Specifications (p. 24-25) "Surveying": Delete second paragraph and -replace with: "Contractor to provide all construction surveying necessary as required to complete the project." If you have any questions or concerns regarding the above, please call Randy Huttenberger at (714) 536-5242. Very truly yours, Robert E. Eichblatt, P.E. City Engineer REE: RH:gd,* cc: Jack Miller Randy Huttenberger File CC-882 "Misc. Correspondence" This is to acknowledge receipt and review of Addendum Number One, dated January 13, 1994. It is understood that the revision of new documents shall be included in the bid documents. ALLIED SPRINKLER COMPANY, INC. Company G BY'­RQ@6R E CKHOFF 3496g/23 1/18/94 Date INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name. ALLIED SPRINKLER COMPANY, INC. ^_ 2. Address. 2831 GRETTA LANE,ANAHEIM, CA 92806-�3. Telephone: 714/630-7461 4. Type of firm -individual, partnership, or corporation' CORPORATION S. Corporation organized under the laws of the State of-, CALIFORNIA 6. Contractor's License Number; 278755 _Expiration Date: 1 (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation`_ DON EICKHOFF, PRESIDENT ROGER EICKHOFF, SECRETARY LINDA EICKHOFF, VICE—PRESIDENT KEVIN EICKHOFF, TREASURER 8. Number of years experience as a contractor in construction work: 22 9. List at least six projects completed as of recent date: Contract Class of Date Name, Address and Pboae Amount Work Completed Number of Owner 1,300,000 A 1994 708 PA AY LE BLVD.P,41 ADALE CA 93550 MISSICN VIEJO CC+AW 610,000 A 1994 26137 LA PAZ RD. MISSION VIEJO CA 926 CITY R 575,000 A 1991 3900 M4IN ST. RIVERSIDE CA 92522 240,000 A 1992 CITY OF FCNT" 1,200,000 A 1988-1990 CITY OF CHINO $1, 009, 000 A 1990 �` LAND DEVl�B�fr 800 N HAVEN AVE. CNTARIO CA 91764 C' 10. List th"ame of the person who inspected the site of the proposed work for your firm. !� Date of inspection: I 805/267-5315 1714/837-6050 909/782-5743 909/428-8540 909/591-9834 909/987-2226 11. 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 In compliance with the "Subletting and Subcontracting Fair Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the constriction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) 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 portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except 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 funding 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 ,6� 14C77Z `c &L Z- Ll f }lla�� ��Tav1n. `�2rrn) By submission of this proposal, the contractor certifies: 1. That hers 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 sub -contractor for this project. P-7 NONCOLLUSION AFFIDAVIT (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) ROGER EICKHOFF , being first duly sworn, deposes and says: That he or she is SECRETARY of ALLIED SPRINKLER CO. the party making the foregoing bid; 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; S. That the bidder has not in any manner. directly or indirectly, sought by agreement, communication. or conference with anyone to fix the bid price of the bidder or any other bidder, of fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member of agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. RO ER CKH FF ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. P-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of CALIFORNIA County of__ORANGE On 1/18/94 — before me, NANCI CLEME` NS, NOTARY PUBLIC DATE NAME, TITLE OF OFFiCEA - E.G , 'JAN•E DOE. NOTARY PUBLIC' personally appeared_ROGER EICKHOFF NAME(SI OF StGNER(Ss 0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized OFFIC1AtNOTARYSM capacity(ies), and that by his/her/their f.:. .7 NAHCI CLEVENS signature(s) on the instrument the person(s), NowyPublic —camoma or the entity upon behalf of which the ORANGE COUNTY rAy, Comm. Expires PES 10.1995 person(s) acted, executed the instrument. WITNESS my hand and official seal. n / e L. (.1/bw;�-_ I SIGNATURE OF NOTARY THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not requtred by law, it could prevent fraudulent reattachment of this form. OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT_ OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till In the data below. doing so may prove invaluable to Persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) TITI_FISI PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITWFS) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ,::1992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA 91309.7184 (This guarantee shall be executed by the successful bidder in accordance with instructions in the special provisions. The bidder may execute the guaranty on this page at the time of submitting his bid.) GUARANTEE To the City of Huntington Beach. Department of Public Works: PROJECT: NORMA B. GIBBS PARK, PHASE TWO The undersigned guarantees the construction and installation of all work as indicated in the plans and delineated in the specifications for Norma B. Gibbs Park, Phase Two. Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within 12 months after date on which this finished project is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees reasonably incurred by reason of the said failure or refusal. Date ROGER EICKHOFF ALLIED SPRINKLER COMPANY, INC. Contractor JANUARY 19, 1994 (This guarantee shall be executed by the successful bidder in accordance with instructions in the special provisions. The bidder may execute the guaranty on this page at the time of submitting his bid.) P-9 ALLIED SPRINKLER CO. INC. 2831 Gretta Lane Anaheim, CA 92806 FIRM:...C.I_TY OF HUNT INGTON BEACH ................................... CITY CLcc2K 2ND FLOOR ADMIhJISTRATIOPJ BUILDING I 2000 MAIN STREET, HUNTINGTON BEACH, CA ........................................................................ „ NORMA...B....G_I_BBS._PARK..PHAS.E„TWQ. BID DATE:.. UANuaRY 18 1994 BID TIME: ...... .: ao F.M. .................................................. HAVE YOU: CHECK HERE: 1. SIGNED ALL DOCUMENTS ................................ C 2. FILLED IN ALL BLANKS ....................................... C 3. LISTED YOUR SUB -CONTRACTORS ............... 4. CHECKED FOR NOTARY (if required) ............... 5. ENCLOSED BID BOND ........................................ - 6. PLACED CORPORATE SEAL (if required)....... - Bid Bonds Received By:_2 A& -Date:% January 14, 1994 .__�� EST 11 !1 5, :i< env. �� �;:v i i:t ,�: n�-idy -- -- \.: __ \� v.... A.I�R,�,1 1 L5S Fr,R 7'. .Ira �.,:.m J+ree\/� S NAMEl C Ai iCUN i 1 Allied Sprinkler G)mpan1+ park- nterori ses R1 i 0 78 1 5- 4. arlson's Landscaeinq D. Civ7l Works Ccrcorat i on c;lce t Construction i ITM 7. D ';a' N1 Construction _ _ _ 22q `+ T: rnns,trur_t inn Ccmnanv _-cicoy oo:stric lion JohnC. cyt 1 f In 2 �8 ace . O � . cIcpn Bear r.rjcr1tia - - i ; f f sh Col^ p an =+j Lzres-aaino K_=rnedy Pi efine - a-'�aren Contractors D ' - sr'sik Con; ractcrs 00 7. Starfcrd Construction Sunrise Landscape CompanySlo 2_S QS^ !united Builders D. ?1. kInkeliam--Bake, Inc.' 7 Zacros, Inc. �f S7 2 S 7 �� Jrli2. STY !S!'9 V�9S FIDELITY AND GUAR z,\-'n SURANCE COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER ................................. i± THAT ........... Golden, Bear,ArborisC$,Inc............................................................... Monrovia,CA. ..........................................................of............................................................ ii............................................................................ . as Principal, and FIDELITY AND GUARANTY 1J City of Huntington Beach INSURANCE COMPANY, an Iowa corporation, as Surety, are held and firmly bound unto ........................................ as Obligee. In the full and just sum of ... Ten. Percent . Of The Amount Bid In (10%) _ ---------------- --------------------^-------------------------------------------------------- DDllars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal Norma B. Gibbs Park - Phase Two Bid Date: 1/18/94 THE CONDITION OF THIS OBLIGATIION is such that it the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terrns and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the tatter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered .. January 14 , 19 9 4 ...................... (Date) Golden Bear Arborists,Inc. .................... ........................(SEAL) brute Thibodeau Vice President Contracts Manager FIDELITY AND GUARANTY INSURANCE COMPANY ......................................................... Bx.` �. ..?.(!'... ... .... Arthur"M. Ebri h bttornav in fact Contact 600 (1-88) N2 281061 FIDELITY AND GUARANTY INSURANCE COMPANY, POWER OF ATTORNEY NO. 6413 * TM KNOW ALL MEN BY THESE PRESEIM: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Iowa and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Arthur M. Ebright, Drew Ebright and Mark Ebright of the City of Long Beach , State of California its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertaldags, contracts and other wrinerr instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelityof persons; guaranteeing the performance of cowracss, and executing or guaranteeing bonds and undertakings required or permined in any actions or proceedings allowed by law. In Witness Whereof. the said FIDELITY AND GUARANTY INSURANCE COMPANY has caused this instrument to be scaled with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 6th day of November , A.D. 1992 . Goo FIDELITY AND GUARANTY INSURANCE COMPANY (Signed) By..., ........ ...... Senior Vice President J A (Signed) By...........�...........•T•.-......... () A:sistaotSec .�axY STATE OF MA RYLAND) L �1S S5: 13ALTIMORE CITY) ��''`` Onrhis 6th dayof November �t6-1), 19 92 , before mepersoiwlycame RobeTit J. Lamendola Senior Via President of the FIDELITY AND GUAR�ANINSURANCE COMPANI(�Lad Pat3l D. .�5m6' Assistant Secretary of said Company, with both of whom I� personally acquainted. who bung by me severally duly rvom�, sari, that they, the said Robert J . Lamendola and Pa D. Sims �Vj were re ecgvelyhe Senior Vice President and the Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE COMPANY�corporation described in and�wVic executed the foregoing Power of Attorney, that they each knew the said of said corporation: that the seal affixed to said,Po0er of Attorney was such Corporate seal, that it was so affixed by order of the Board of Directors of said corporation• and that they signed their names thcT,o by_ijke order as Senior Vice PresidenCiiad Assistant Secretary, respectively, of the Company. My Commission expires the llth C in ' March � �-A.D. 19 95 - (Signed).. �... ......:+! a^ �V NOTARY PUBLIC This Power of Attorney is granted under ana b authority of the following Resolutions adopted by the Board of Directors of the FIDELITY AND GUARANTY INSURANCE COMPANY on September 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(:) -in -Fact pumusat to a Power of Attorney issued in accordance with these resolutions. Said Powers) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Cbairman. or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under thew respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificue relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth tbereio, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature sad facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorary(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations ofthe Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and otberwritings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. L Paul D . Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company u adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect L the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full fotce'LW effect Lod his not been revoked. ir. Ttstireony Whereof, i have hereunto set my head and the seal of t DELrTY AND qUARANTY INSURANCE COMPANY on this 14 th dayof January , 1994 . 0 //V t .......................................... Q1 FS 83 (10-92) (HO) U97 Assistant Secretary J THE AMERICAN INSTITUTE OF ARCHITECTS A!A Oocumoru A310 Bid Bond Bond No. 5784781 KNOW ALL MEN BY THESE PRESENTS, that we Civil Works Corporation as Principal, hereinafter called the Principal. and First National Insurance Company of America a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called,;ha Surety, are hold and firmly bound unto City of Huntington Beach as Oblige@, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount Bid-- golfers fs 1 a4b �. for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves our heirs, executors, administrators. successors and assigns, jointly and severally. firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. CC-882 Norma Gibbs park -NOW. THEREFOR9. If Iha Obhgde shalt accool trio bid of the Principal Intl the Principal shall antar into a Contract with Iha Gbl+g" in ;,,;cordance w+lh the farms of such bid, and give such bond or bonds as maw be specified in the p,dd+np or Contract Documents with Wood and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in inn prosecution thereof, or in Iha avant of the failure of the Principal to enter such Contract and give such bond or bonds. rf the "Princbpol snap pay to the Obligea the difference not to aaceed the penalty hereof between the arnaunt specified+n said bid and Such I.,iWnr amount for which the Obtignn may in good laith contract with anoindr party to perform the Work covered by said bid. then this obligation shall be null and void, oinerwise lu iemain in full force and effect. Signed and sealed this 14th 44Y of January 18 94 t Cj,,!' 1,orks CQgporat-lo-n IPr+rtcipiil) lSrall (Witness) a fp���.� { F ' erica ' t ISsifi iWitnass) 9 Kim R. Smith ITale) Attorney- in• -Fact 'DOCUMENT A310 • MD BOND • AIAA a FEBRUARY 1970 ED. • THE AMERICAN 100E OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON. D.0 2WO6 <J FIRST NATIONAL POWER OF ATTORNEY INSURANCE COMPANY OF AMERICA KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE, WASHINGTON 08105 No. 9393 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint r�Rrllllxrllrrrllrr■a><rrrxrrxrllllxllsrllllRIIKIM R. SMITH, San Clemente, Cal ifornia—rllllllllllassorrurrllrr its true and lawful atlorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this a 12th day of November j CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: . 1993 . "Article V. Section 13. - FIDELITY AND SURETY BONDS .. , the President, any Vice President, the Secretary, and arty Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds arld Other documents of similar character issued by the company in the Course of its business . .. On any instrument making or evident;iing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shalt not be necessary to the validity of any Such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. `On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (0 The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment. executed pursuant thereto. and (iii) Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." t. R. A. Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby Certify that the foregoing extracts of The By -Laws and of a Resolution of the Board of Directors of this corporation, and Of a Power of Attorney issued pursuant thereto, are true and correct. and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I nave hereunto set my hand and affixed the facsimile seal of said corporation this 1 4th day of January 19 94 `�klirY�yo ^ UNITED STATES FIDEL = UA LANTY COMPANY N o d 4 (A m pony) BID BOND BONDNUMBER............................................................. KNOW ALL MEN aY THESE PRESENTS: THAT BOPARK ENTERPRISES, INC. of 8560 VINEYARD AVE., SUITE 103 RANCHO CUCAMONGA, CA 91730 , as Principal , and UNITED STATES FIDELITY AND CITY OF HUNTINGTON BEACH GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto.......................................................................................... ............... .............................. :.i................. .................................. ................................................................................................................... I ......... I................ TEN PERCENT OF THE AMOUNT BID ----- asObligee, in the full and just sum of.... .......................................................................................................................................................................... (10% OF BID)------........................................................... Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal NORMA g. GIBBS PARK PHASE TWO THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a goad and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work ****************** .. --' I * STATE OF CALIFORNIA * COUNTY OF SAN BERNARDINO * On JANUARY_ID,_1_994 before me, SHERI M. DANISH , a Notary Public, * personally appeared JAY P. FREEMAN , personally known to me for, * e o i ) to be the person{ * whose nam" is/areis/are subscribed to the within instrument and acknowledged * to me that he/�y executed the same in his/_`__r/th___ authorized *� capacity{ i- }-, and that by his/-h�� signaturefe-)- on the instrument *, the persontst, or the entity upon behalf of which the person-ts-) acted, executed the instrument. '+� ••••••••raft••aa••a•e••noeasan+�p•at••er.g * WITNESS my hand and of SUER, M. DANI yH f cial se 1 j^ • * � `'~ ,�'!1' r1oTP,i;'I Yil; L:� C/•.L'i::RR!IA " *� • �y NO i 4FL?7'( <,] F:_E:) * Signature _ --. T LOS 11Ru""EL[S Cr]Uyt'r *1 ( Seal) My Commission Expii% i3r.�±,;, 30. 1995 n ***************************************+******,�***>ksti�•����,PIPS'4F�'ve�a4'Virg°*�i'��&"•�'�Y�F"•�*** N° 638279� UNITED STATES FIDELITY AND GUARANTY COMPANY Nh POWER OF ATTORNEY NO. 105422 .1 KNOW ALL Ml:N BY THESE PRESENTS: Tbat UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Robert J. Culp, Jay P. Freeman and Philip E. Vega of the city of Ontario , State of California its true and lawful Altorney(s)-in-Fact' each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, underuldags, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted is any act ioas or proceedings allowed by law, In Witness Whereof, the Laid UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the sigastures of its Senior Vice President and Assistant Secretary, this 20 t hday of November , A.D. 1992 . 0�. UNITED STATES FIDELITY AND GUARANTY COMPANY (Signed) By—/. Senior Vice President (Signed) By..............:...�11..................... Assistant Secretary STATE OF MARYLAND) SS: BALTIMORE CITY ) �X, onthis 20th dayof November ,40A.D. 19 92 , before meper�sosallycame Rob J. Lamendola Senior Vice President of the UNITED STATES FI�+�ND GUARANTY i wPXNY and Paulyl��ms , Assistant Secretary of said Company, with both of wh atq personally acqutioted who being'by me severally d I o;p1, satd that they, the said Robert J. Lamendola and i Sims ' were rer�v the Senior Vice Presidcnr sad the Assistant Secretary of the said UNITED STATES FIDELITY GUARANTY COMP e corporation desert which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed kid ewer of Attorney wsue rate seal, that it was w affixed by order of the Board of Directors of said corporation, and that they signed their names berck bq I ik� rder as Senior Vic. Pei si ent sad Assistant Secretary, respectively, of the Company. My Commission expires the llthT�int March"A.D.1995- e (Signed) ..4tr'Y1' Y!' NOTARY PUBLIC This Power of Attorney is granted under aad14 autbority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, uodertakings, contracts sad other instruments retiring to said business may be signed, executed, and ackzrowledged by persons or entities appointed as Attorneys) -in -Fact pursuant to a Power of Attorney issued in accordance with theca resolutioas. Said Powcr(s) of Attorney for and on behalf of the Company may and sball be executed is the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President. or a Senior Vice President, or a Vice President or an Assistant V ice President, jointly with the Secretary or as Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked Lad subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power to executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or underubag to which it is validly aaacbed. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any can, subject to the terms and limitations of the Power of Attorney issued to them to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and otherwritings obligatory in the nature thereof, and soy such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1. Paul D . Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify Ibat the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24. 1992 and that this Resolution is in full force and effect. L the uode rsigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoiag Power of Attorney is in full force and effect and bas not been revoked. In Testimony Whereof, I h a hyeusto set my hand and the seal of t . TIE STATES FMELIDY AND GUARAN1Y COMPANY on this)O Hay of '19 r Ig9d Assistant Secretary IFS 3 (10-92) BID BOND We, LAMBAREN CONTRACTORS, INC. as Principal, a rid MERCHANTS BONDING COMPANY (MUTUAL) as S ti re t y , jointly -al-la severally, bind ourse]ves, our Heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called owner) for payment of the penal sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ----------------------------- -----------_-_--------------------- Dollars ($ 10% OF BID------------------ ) r lawful money of the_United states. PrynRpal has subm tted the accompanying bid for the construction of "LANDSCAPE CONSTRUCTION AT NORMA B. GIBBS PARK, (PHASE 2) " If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, -and files.two bonds with the owner, or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and voidr otherwise it shall remain in full force and effect. Forfeiture of thin bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all' other remedies provided by law to cover losses sustained as a result of the Principal's failure to do any of the foregoing. City. of Huntington Beach OC--1110-200-01 C31201AC Bid Bond - i of 2 o Principal and surety agree that if the owner is -required to engage the. services of an attorney in connection with the enforcement of this bond, each shall pay owner's reasonable attorney's fees incurred.with or without suit. Executed on JANUARY 17 r 19 94 LAMBAREN CONTRACTORS, INC. Ff2I tlCI PA (Seal if Corporation) By Ti le JUAN T. LAMBAReAN Pik r_ []E= NT (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may ba addressed to: MERCHANTS BONDING COMPANY (MUTUAL) (name and address of Surety) 2425 E. CAMELBAGK RD., SUITE 800 PHOENIX, AZ 85016 STONG/OUIGLEY INSURANCE SERVICES, INC. (name and address of Surety's agent for service of process in 101 COLUMBIA, SUITE 170 _ California, if different from above) ALL O VIEJO, CA 92656 (Attach Acknowledgment) (telephone number of Surety's agent in Cal irf arP4*_ \ By MICHAEL A. QU (MUTUAL) � NUARTY q,y-) [� Acknowledgment of Principal ;'�-'•'�-15--=*�-r=--<-.�—<x�.. = ��--^ Acknowledgment of Surety (Attorney.in-Fact STATE OF CALEFORNIA County of ORANGE ss`..i ZyC[ 4 i`wJ.' T FT �'fiJ�iX 7Ci On JANUARY 17, 1994 iii J. JOHNSTON before me, (here insert name and title of the officer), personally appeared MICHAEL A. QUIGLEy_ personally known to me (or proved to me on the basis of satisfactory evidence) to be the permn(s) whose name(sl is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by ig/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s)_acted ee a instrument. WITNESS my hand and official s l.. Signature (Seal) R565 6/27/91 STONG-QUIGLEV INS SERV INC Merchants Bonding Company (Mutual.) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk, State of Iowa, path made, constituted and appointed, and does by these presents make, constitute and appoint >>>KICHAEL A. QUIGLEY*"JENNY ER JOHNSTON<<< >>>4<< >>>C« Of d SQ vx F�JO and State of CA its true and lawful Attorney -in -Fact, with full power and u f`iorrty here y confrmed in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: >>>ONE MILLION DOLLARS($I,000,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authoriryof the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances. contracts of indemnityand otherwritings obligatoryin the nature thereof. ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same faros and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY Mutual) has caused these presents to be signed by its Yoe Presidprit and President, and it8 corporate seal to be hereto affixed, this day of August A.D., W0.5 Attest: vKr/preset it STATE OF IOWA COUNTY OF POLK as. MERCHANTS BONDING COMPANY (Mutual) By Gti •� `��`i �-` 1937Y_ — r .So.•hyra.ae.r ^. On this 25th day of August , 19 93 , before me appeared M J. long and W.G. Brundage, to me personalty known, who being by me duly sworn did say that they are Vice President and Secretary/Treasurer respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. .•••.••on. a•a• i• p `4Y N e % • IOWA a�%..4 R I A%• �g'': 9850066946 STATE OF IOWA COUNTY OF POLK as. M"Vv 64 gofary Public. Poor connfy. rows My Coenmiau•n Esofts 11-4-OS 1, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby oertify that the above and foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MFR1Ti$-�OI)IDING COMPANY (Mutual), which is still in force and effect. Au In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at ALISO VFvlg� 9f 2 this day of 19. ' " "= T• 17TH JANUARY 94 �:- j 19 This power of aftomey expires December 31, 1995. y�' �1, •,• MB 96 Lr'LA--n ------ DEVELOPERS INSURANCE COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS, Thatwe, WAKEHAM—BAKER, INC. BOND NO. 50415 -- 33 as Principal, and DEVELOPERS INSURANCE COMPANY, a California corporation authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE A*FOUNT OF THE BID Dollars, ($ 10% OF BID ) for the payment whereof in lawful money of the United States, we bind ourselves, our 1j heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for NORMA B. GIBBS PARK, PHASE II CC-882 NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful perfor- mance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed ;his 14th day of ,IANLtARY 19 94 IJAKEHA;I—BAKER, INC. Principal DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine, California 92714 (714) 263-3300 sy. RDSEtiARY : 91NDLEY Allorn�ct DI 035 10193 GENERAL 131D BOND POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 170232 P.O. BOX 19725. IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1_ All power and authority herein granted shall in any event terminate on the 31st day of March. 1996. 2. This Power of Attorney is vo.d if altered or if any portion -s erased. 3. This Power of Attorney is void unless the seal is readabie. the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Atiorrey should not be returned to the A;torneyfs;-In-Fact. but should remain a permanent pert of the obligee's records. KNOW ALL MEN BY THESE PRESENTS. that. except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally. but not jointly, hereby make, corsiitute and appoint ***Michael D. Stang, Rosemary Standley, jointly or severally*** the true and taw7t,) Artorneyfs)-In-Fact, to make, execute, deliver and acknowedge. for and on behalf of each of said Corporations as sureties. bonds, undertakings and Contracts of Suretyship in an amount rot exceeding Two MIISon Five Hundred Thousand Dollars (S2,500.000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requis-ta or proper to be done in Connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation: and all of tie acts of said Attorney(S) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers Conferred by this Power of Attorney do not extend to any Of the following bonds, undertakings or Contracts of suretyship: Bank depository bonds. mortgage deficiency bongs. rortgage guarantee bonds, guarantees of installment paper. note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as o1 September 24, 1986: RESOLVED, :hat the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualify:-ig the anorney(s) named in the Powersof Attorney to execute. on behalf of the corporation, bonds. undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of tne^t hereby is, authcr:zeo to attest the execution of any such Power of Attorney; RESOLVED. FURTHER, that the s gnatJres of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsi—.ile signatures Sha:l be valid and b-rding upon the corporation when so affixed and in the future with respect to any bond, undertaking or cort'act of Suretyship to Which it is attached. IN WI -MESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 8.01 clv C By r „ By r Dan F.Vlncentl,Jr.Da PF. Vincenti, Jr. %+IsU,q0p ANY iresident 00 40OR 0Presdent *feR 4N i OCT. Ir J rr.R 2T. o ATTEST = lyc,7 in? ATTEST 1670 ; By ,dl By r / Water Crowell Walter rowel) Secretary Secretary STA-E OF CAL FORNIA ) ) SS. COUNTY OF ORANGE i On April 1, 1993. before me. T.•esa Taafaa, personally appeared Dante F. Vincent,. Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislner/their authorized capacity(ies), and that by tiS/heNlheir signature(sl on the instrument the person(s). or the entity upon behalf of which the per5on(s) acted. executed the instrument. WITNESS my hand ano official seal. OFFICIAL SEAL � TIR SSA TAAFUA Signature +� NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN f ORANGEGOUN kty Cornrrixs.on Exp. Aug. 4, 1495 ' H�MH�MM�M CERTIFICATE Tie undersigned. as Senior ViCe Presiceni of INDEMNITY COMPANY OF CALIFORNIA, and Senor Vice President of DEVELOPERS INSURANCE COMPANY, does hereby cemfy .hat the foregoing and attacned Power of Attorney remains in full force and has rot been revoked: and'urthermore, that the provisions of the resolutions of the respective Boards of Directors of saie corporations set form in ire Power of Attorney. are in force as of the date of this Certificate. Tnis Certificate is executed In the City of Irvine. Califorr a, this 14th day of JANUARY , tgg 4 INDEMNITY COMPANY OF CALIFORNIA VPxMz O+1R9044X , f a cr ` Ir z OCT. Io By L.C. Fiebiger W 196T Senior Vice President 1• rrrORi +� I0-310 PEV. 4;93 DEVELOPERS INSURANCE COMPANY 9 \N 6 uq' y �P ppPDR4 C +� rf o • wAR 2T, n 0 By i Iota L.C. Fiebiger a Senior Vice President 4. nil) 130111) tJe, SUNRISE LANDSCAPE CO., INC. as PrlhApal, Mill INSURANCE COMPANY OF THE WEST an s o re t y , Iiiviy �_i't(i r,ever+sl ly, �i lui _ r3iirt�elver�, our lie Irs' hopi-,etr.11t-at-iveti, iiuccennors and assighhs, as not forLh herein, to l ho ' L 1'l'V 0i lltNl'PI NGTO11 t3EAC11 (herein ca i t ed owner j for payment of the penal GUM of TEN PERCENT OF THE AMOG'NT OF THE ACCOMPANYING BID ------------------- =---------- ------------ ----------------------------------vol I ars ($ 10% OF BID ------------------ ) I 171�fiii lnnncy cif l'iie liii1Fed States. PrI _ncIpal than—subm1rted t_lle ilc:c10111panyiny, bid for the construction of "NORMA B. GIBBS PARK, PHASE II, PROJECT NO. 882'' l f the f'r i nc i teal Is awarded the contract and enters into a written mllhtrac:t_, In the form prescribed by the owner, at the price cteslgoat.e,t by his laid, and files two bands with the owner, Or rlubSt; i t ilte security In lieu thereof, one to guarantee payment, for lalmr and materials and the other to guarantee faithful performance, In the time and manner specified by the owner, anti a:iar-ries all insurance In type and amount which conforms to thu 4:ai11V r-act: doc illuellE14 and furnialhes required certificates and {,ndc)r-nemPnL-s thereof, then this obligation shall be null and void; otherwise it shall remain In full force and effect. ve)rfei t:►=re of thin hnlld, or any deposit made in Herr thereof, :;l►itil nut precluibi tl-a owner from seeking all* other rain0dies provIded by law Lo cover losses sustained as a result: of the P in&Vatla failure to do any of the foregoing. a'l l y. of limit iva.lton 11vacll It('- It 10-200--01 C1I2ulAC 131d Bondi -- 1 of. i-r i uc: i lea i anal surety nyroe that: 1.f the owner. I - t: ecltl i red (-() onvrJ13 the Snry i c pn of an attorney i 1) c:unnocti on wi t h 1-11n v I I f o I co. of t.IIif. 1)nndc each shall pay owner's reasunahle- al:Lorney't. fees incurred with or without snit, (Seal If Corporation) FxAcuL• d on JANUARY 7 -- -- �— T-, 19 94 By SUNRISE LANDSCAPE CO., INC. Title jKY—_----_ _�_ - (Attach Acknowledginent of Authorized Representative of Principal) Aziy claims under thin Mond may be addressed to: INSURANCE COMPANY OF THE WEST (name and address of Surety) 1111 E. KATELLA, SUITE 250 �r ORANGE, CA 92667 STONG/OUIGLEY INSURANCE SERVICES, INC. (name and address of Stirety's - - - agent for se: vice of process in 101 COLUMBIA, SUITE 170 California, If different from - - --- ------------------ ----- above) ALISQ. VIEjTO,___CA92§5 -_ (telephone number of Surety's agent 1 Ca if '(At:t ac h Acknowledgment) INSU NC 10WST - 11 F:'i' Y st(At_k:o ale -- n- act MICHAEL A. OUIGLEY 1!OT1(:F: tic) substitution or rev i s l on to this bond form will be accepted. Sureties must be authorized to do builneas In and have an agellt fait.- r,ervice of process fie Callfornla. Certified copy of Power of Attorney must be attached.' c'i 1-y cif 111snt i ngt:oli Beach CI1201AC 11 l d Dot id - 2 of 1 INSURANCE COMPANY OF 1111E WEST' 11oME OrrICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF T11E WEST, a Corporation duly outhorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: Michael A. Quigley Its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its na'nep1aGe and stead, to execute seal, acknowledge and deliver any and all bonds, LIMdnrtakings, recognIzoneso or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by t•ho auui►,rity of the following Resolution adopted by the Doard of Directors of INSURANCF comr/lr1Y 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 copys "RFSOtVEDt That the president or Secretary may from time to time appoint Attorneys-ir►- foct 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 suet) Attorneys -in -Fact and revoke the Power of Attorney given him or her: and be it further RESOLVEDs That the Attorney -in -Fact may be given full power to execute for and in the dome 4f and on behalf of the Company an and all bonds and undertakings as the business of thn Company may require and any such bonds or undertakings executed by any such Attorney - in -rest shall be as bindinV upon the Company as if signed by the President and sealed and 3ttosted by the Secretary. IN WITNESS W11EREOP, INSURANCE COMPANY unto "(fixed -and these presents to Tr,l r1:►y of Auguat, 1988 4 STATE OF CALIFORNIA SSr 41r►p�x�` Caur4 f y of SAN DIEGO OF T11E WEST has caused its official seal to bo hero -- be signed by its duly authorized officers this INSURANCE COMPANY OF T11E WEST Oil tlliq 3rd dayy of August, 1988 before ttse subscriber, a Notary Public of the Stnts►= of California, in and for the County of San Diego, duly commissioned and qualified, colnn BERNAIID M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to he the individual and officer described in and who executed the preceding instrument, and fie acknowledged the execution of the some, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation oforesoid, and that the seal affixed to tho preceding instrument is the Corporate Seal of the said Corporation, and that the sold Corporate Seal and his signature as such afficer were duly affixed and subscribed to th q sold instrument by the authority and direction or the avid Corporation. IN WITNESS WHEREO", I have hereunto set my hand and affixed my Official Seal, at the City of__^s rat above written. eillc+�t t� NORMA MRTER hofARY PUBLIC . CI►l irofftA Paq.` IPAL or F Ipt IN smi 41T Go Couta Y UrCoMTw«MfVP J.nu4rrA-1"I STATE or CALIFORNIA 551 COUNTY OF SAN DIEGO Otary U�J C I, the undersigned, JAMES W, AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the orlginal 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 W1114ESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 7TH day Of JANUARY 19 94 9ecre Vdry�,.��—_�_. 1Cw (Al.. 37(REV. 5107) r�itrijs,H•* .� BID OR PROPOSAL BOND i<NOW ALL MEN BY THESE PRESENTS: That We, JOHN C. ETTLIN (hereinafter called the Principal), as Principal, and WASHiNGTON iNTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH _ (hereinafter called the Obligee) In the just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ------- --------- Dollars ($ 101 OF BID AMOUNT—Nawfuf money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, Is about to hand in and submit the Obligee a bid or proposal for the "NORMA B. GIBBS PARK" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, If the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee. and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain In full force and effect. IN WITNESS WHERP.OF, said Principal and said Surety have caused these presents to be duly signed and sealed this _ 13TH day of JANUARY , 19 94 JOHN C. ETTLIN By WASHit4GpOIgJWVRt WiPfCALJNSURANCE COMPANY By ► MICHAEL A. Q IGL Attorney —in —Fact General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER of ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation organized and existing under the tows of the State of. Arizona, and having Its principal office in the Village of Schaumburg, Illinois, does hereby Constitute and appoint * * JENNIFER JOHNSTON, MICHAEL A. QUIGLEY AND MICHAEL D. STONG * * its true and lawful attorney(s)-in-fact to execute, seal and deliver for end on Its behalf as surety, any and sit bonds and undertakings, recognizences, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such Instrument(s) in pursuance of these presents, shall be as binding upon the said Washington international Insurance Company as fully and amply, to sit intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is Issued -pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 198D and October 21, 1986 which read, In part, as follows: 1. The President may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys - In - Fact, who are hereby authorized to certify to copies of any power -of -attorney issued In pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney - in - Fact or Special Attorney - in - Fact and revoke the authority given him." 1. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seat of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed In the ordinary course of business shall be valid and binding upon the company. iN TESTIMONY WHEREOF, the �..�,� on International 1 surance Company has caused this instrumnt to be signed and Its corporate seal to be� wl��lLuthorIzed offDwr, this $tip day of February, 1993. • WA Mr :oRPOR cASE' , d; SEAL if • Q % STATE OF ILLINQT ARiZO14A �i •41 •, r COUNTY OF COOK ) �,rN IONAL INSURANCE COMPANY P: Anderson, Vice Pres On this 8th day of February, 1993, before me came the Individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the .therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; 1N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat, the day and year first above written. "OFFICIAL SEAL" CHRISTINE ZARETSKY Stine carets Not ry PubI C N.Aary Public, State of Illinois My Commission Ex Tres o tober 7, 1996 My Cororn'tcion Eapirss 10.7-96 rr-rr►.r•.�1+./.r.r�•OuRrIFICATE STATE OF ILLINOIS } COUNTY OF COOK 3 T, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth In the Power of Attorney, are now In force. Signed and sealed in the County of Cook. Dated t 1 3TH of J A ZY , 19 94 Lewis M. Moe[ er, Secretary AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA .V Know all men by these presents: BOND NO.: 0265694 PREMIUM: Included in Bid Bond BID DATE: 1-18-94 PUBLIC WORKS BID BOND ghat we, OWM CONSTRUCTION _ (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Suret, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State California 11 as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called Obligee) in the penal sum of ten percent ( 10 %) of the bid amount, but in no event to exce Thirty Thousand & 00/100 Dollars ($ 30,000.00 for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigr jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal h submitted or is about to submit a proposal to the Obligee on a contract for Norma B. Gibbs Park Phase II - Improvemen- NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, enter into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; it the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specifiec the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by 1 bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 17th DAY OF January 19 94 . DWI CONSTRUCTION ,Prin a name of Principa 1 i"supra By. �p�tr f C igna uie ofyK'e-.'Pffir ro oRPOR" 4 4W AMWEST SURETY INSURANCE COMPANY 191" \ 1 1, Denise M.P. Graham Attorney-in-F ///'= JN-A3017 (3 90) 1t C0 r 00 0�0 0�007 0 ®OD CIO�G®0®01��GC�G0l7T.1 0 �l > >e 0000CJG01313130 L 000G0 ice' I S 1 I W—A333 ®0® 1000 000000 _ _ ate_' _� oa000000la00000000000rasa000000000raaaoof�000l,000o1�oonn0000000001,00000>af,000�ra000 �v®room®t�e��oovo��� a a nnl3orannol,lao0 8 00093 7000Gg0700®®OC9170�17GCi r13013011001201300030=0 Fazio` U1102atz 11 001 ®1 0C1?s�0m0»o ®'fir ' Of CvO tt �G 1 0�x�0�1 a10 no IQ J0m0 a®01]01�®®®DOC®®C®a�0® �hL k'3y�':�-.�: i7�"_. 4":%"-. _.n.,_ i': `-_'._.. _. ,.-�-. _`U+_•4•- ..___.fl'l':�':L�"�.�'.. c'��.`C �'L-��. �'}b J'�j�'�'3i� "E-D'*�1:�'G...C�C"� A NOT VALID FOR BONDS POIk'ERNUMBER r EXECUTED ON OR AFTER 6265E94-52 a 8-24-94 s° YiN 1. This doc•oment is printed on paper with black and red ink. with laorder in blue ink and hears the raised seal of Antcvesr surety insurance Comfmn% (tile -Company ?. Only unaltered originals of [Iris Power of A[[omey are c•slid. Tliis `- Power of Attorr:cy is r'aGd srrlelt° :: ie: nec:inn pith the esecuticm and deliven of the bond noted above and mat not be used in No Power Attorney be conjunction n•ith any other power of attorney. repre,eivauons or w arrrnties regarding this of may made h. any person. Ta 1'oteer of ,�ttorr:ey is ko� erned by the !s�. s �f c:e State of California Any power of attorney used in connection, with any bond issued by the Cornp3nr iuusr be on [his fora; and no other form shall have force or effect. KNOW ALL 1iEN 13Y THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (thG"Companv-), does hereby make, constitute and appoint: 1 DEMISE M P. GRAHAM y AS AN EMPLOYEE OF AMWEST SURETY INSURANCE CCMPANY r its true and lawful Attorney -in -Fact. with limited power and authority for and on behalf of the Company as surety r to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: 4, Bid Bonds up to $**1,000,000.00 Contract (Performance 8 Payment), Court, Subdivision $*#1,000,000.0.0 License & Permit Bonds up to $**1,000,000.00 Miscellaneous Bonds up to $**1,000,000.00 SmaLL Business Administration Guaranteed Bonds up to $#*1,250,000.QD !ill 3rao 74 3111 fi 2:3019 ®®13 `y �i0®® - 3000 and to bind the Company thereby'. This appointment is made under and by authority of the By-La,,+-s of the "' 2=0 :y 11313�Company, which are no%rN• in full force and effect. � INN CERTIFICATE v 13 MCI T 13®0 .9rU® a i, the undersigned secretary of An;nvest Soren_• InSLtrance Company, a California corporation, Y DO HEREBY CERTIFY that this Power of Attornuy remains in full force and effect and has not been revoked ?: ®13=g �13 0 ,000 ��� :uld furthermore. that the reSOltaior•S of [he Board of Directors ter forth on the reverse, and that the relevant ± ®��03® ILTU-13 provisions of the I3y-Law°s of the Company. are now in full force and effect. �®��� >: 55 E 2013KI ® .9.I da l'' _ r9 NiME113 ®®:117®0 Q.Ooanp0 Bond rnxnber 0265694 tiignecl d se:r!,cl this 17th clay of _- _January 19 94 -0 �pO00poo 00(14000poQo 0000265694 - 52 n ®13®I3® 0®[300 - M o �s a v - ¢ � ��� � I�:�ren G. C.�ltrrt. ticcrc:r:cn• o boa '•. ,, .�� _•c :,:;,.:: :.- U0®®® ��rOI;�I�CC�II��]�4�01�ei01aC� JUROR on o O 00001313UME3s01=301313013 00 OOa�aopa 4 O O ���'l�0 0II13'C�*1]0 0® 0 dO00a400avp0p 00000 00000 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 BID BOND KNOW ALL BY THESE PRESENTS, That we, MARINA CONTRACTORS, INC. of IRVINE CA (hereinafter called the Principal), as Principal,an erelna ter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars($ 10% ) or the payment of which a Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for NORNIA B. GIBBS PARK, PHASE TWO CC NO. 882 NOW, THEREFORE, It the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 12th day of JANUARY , 19 44 , MARINA /_.ONTRACTORS, INC. (Seal) Principal itnesa ROBER'T B. COWAN , erSLDWI} Title SAFECO INSURANCE COMPANY OF AMERICA y B1, J&.a � Q rntl-" LINDA D. COATS Attorney -in -Fact 5-53/EP Ro 6/00 ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On 1/12/94 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC , Date Name, TJIJe 61 Officer = e.g. • ane Doe, Notary Public* personally appeared LINDA D. COATS ame(s) of SIgner(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/ authorized capacity(ies), and that by ' CHRiSTOPHER J. CO h /their signature(s) on the Instrument the o s), or the entity on behalf of which the COMM. #969 rso(9s) acted, executed the Instrument. In �_ a NOTARY PU8LiGCA tA Q • LOSANGELESCOUNf'(N�l�t�1 s my h d o cl 1 seal, i My Comm. Expires Jt�y is, 199E OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER ❑ Individual(s) ❑ Corporate Officer(s) Tltle(s) ❑ Partner(s) ❑ Attorney -In -Fact ❑ Other: SIGNER IS REPRESENTING: Name of persons or entity(ies) ATUNTION NOTARY. Although the information requested below Is OPTIONAL. It could prevent fraudulent attachment of this certificate to unauthorised document. THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document MscALPA.01-CA122892 POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SEATTLE, WASHINGTON 98185 SAFE:0 No. 9316 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint 11"M""11 ]1111E 1111""""""111E ■ """"""■"":1""LINDA D. COATS, Laguna Niguel, its true and lawful attorney(s)—in—fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of Its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents 2 this 22nd day of _ January 19 93 CERTIFICATE Extract from the By —Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA 'Article V. Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys —in —fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety- bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and Of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By —Laws, and (ii) A copy of the power —of —attorney appointment, executed pursuant thereto, and (iii) Certifying that said power —of —attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof' I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By —Laws and of a Resolution of the' Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, we true and correct, and that both the By —Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 12 th dgy of JANUARY 19 94 S-9741EP 1193 ® Registarod trademark of SAFECO Corporation. TITAN INDEMNITY COMPANY San Antonio, Texas BID BOND KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER ..1.0 8 3 8 8_,_.. That............................................................ Z. asir.4. S.R..... 1XV ... ;..7............................................................................................................. ................................................................................................................ of..........................................................................................---................. .................................................................................................................................... . as Principal, and TITAN INDEMNITY COMPANY, a Texas corporation, as Surety, are held and firmly bound unto ......... Clt.y......ol.... R1.lXl.iK.lXI gt.Qn.... ReA.9 :3.................... ...... Pe-partment._-of....Pub-1A.c_.._Warks............. .. . as Obligee, in the full and just sum of n...pt?.rce.ntr.--..i.1.0.jo.} o.f the._-greate.st.....amount bid not to exceed Forty -Thousand ($40,000.00)----------------- pollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal Norma Gibbs Park CC-882 THE CONDITION Of THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the Panel sum hereof. Signed, sealed and delivered..JariLlar,y 17, 1994 (Date) ................................................... fSEALI ti .............................................................. `.. ............... {SEALI .-... Firooz Omidi, President I TITAN INDEMNI OMPANY d ... ........^...:................................. Blake A. Pf i ter, Attorney-in-fact TIC-BB-2 Titan Indemnity Company 108388 San Antonio, Texas GENERAL POWER OF ATTORNEY CONTRACT AMT: BOND AMT: $ 4 0, 0 0 0 .0 0 BOND No.: J Q 8 3 8 8 Know all men by these Presents, that TITAN INDEMNITY COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Blake A. Pfister its true and lawful Attorney-ln-Fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, bonds, undertakings, contracts of suretyship, and other documents of a similar character issued in the course of its business, and to bind the Company thereby, provided that no bond or undertaking or contract of suretyship executed under their authority shall exceed in the amount the sum of Five Hundred Thousand and 001100 Dollars ($500,000) This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 151h day of January, 1993. Resolved: Tnat Mark E. Watson, Jr., Presidert, Mark E. Wa:soi, III, Secretary, Michael J. Bodayle, Treasurer, Bob L. Sibley, Executive Vice President, and Gene Holt, Vice President of Sr.'ely operations. or any of them, shall hays the power to appoint Artorneys-In-Fact as Ina business of Ina Corporation may require or to authorize any persons to execute on behalf of the Corporat.on any bonds. underakings. recoglizancet. stipulations, policies, contracts, agreements, deeds and release and assignment of iudgments, decrees, mortgages and instruments in the ca'ure of mortgages and also ail other instruments and documants which the busiress of the Corporation may require and to affix the seal of the Corporation thereto. Resolved Further: That the Company seal and the sig-lawre of any of Ina aforesaid o'ficers may be affixed by facs.m.le to any power of attorney certificate of a the, given for the exeCLtior of aqy bond, undertaking, con:rap or suretyship- or other written obfgation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seai of the Company, to be valid and binding upon the Company w.ih the same force and effect as though manually affixed. In Witness Whereof, TITAN INDEMNITY COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by its Secretary this 15th day of January, 1993. Attest: Mark E. Watson, 111, Secretary The State of Texas County of Bexer TITAN INDEMNITY COMPANY By: Bob L. Sibley, Executive Vice President On this 28th day of May, 1993 before me personally came Bob L. Sibley, to me known, who being by me duly sworn, did depose and say that he is the Executive Vice President of TITAN INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Jill Bumgardner, Notary Public Certificate I, the undersigned, the Treasurer of TITAN INDEMNITY COMPANY, a Texas Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed in the City of San Antonio, in the State of Texas. Dated the 18 th day of J a n a u a ;r y .19 9 4 Michael J. Bodayle, Treasurer T� (TIC-GPOA 052493) INSURANCE COMPANY OF THE WEST P. O. BOX 85563 - SAN OIEGO, CALIFORNIA 92138.5563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Allied Sprinkler Company, Inc. (hereinafter called the principal), and INSURANCE COMPANY OF THE 'VEST, a corporation organized and doing business under and by virtue of the laws of the.,State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the obligee) in the just and full sum of **Ten Percent of Amount Bid (10%)** Oollars (S **10% of Bid** ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents, i THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in r? and submit to the obliges a bid or proposal dated 1/18/94 for Forma B. Gibbs Park in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this l4th day of January ,19 94 . CE COMPANY OF THE WEST I CW CAL 120 INSURANCE COMPANY OF THE WEST HONE 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 laws of the State of California and having :ts principdi office in the City of San Diego. California, does hereby nominate, constitute and appoint: 3 A-MEs A. scxALLiR its true and lawful Attorney{s)-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 an benalf 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 "R'ESOLVED: 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 Seventy. - 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 12TH DAY OF FEBRUARY 1387 PA'Np- INSURANCE COMPANY 0 / E WEST ^� �,�couo�terFo sue, r41+r09L President STATE OF CALIFORNIA SS: ' COUNTY OF SAN DIEGO On ,iris 12TH DAY OF FEBRUARY 1AUe the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came EaT,T=, R,ADY President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and 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 a5ove written. * off C614. SEAL NORMA K)RTER fi7TA" Ptf6tIC - CUM M11A r A:n.Va ofnae M 3" cup Ono" rIy Camomm Eq. hie. L 11U STA7 EE OF CALIFORNIA COUNTY OF SAN DIEGO SS' Votary Public I, the undersigned,, ""Il v• "L'Srt}- tit. 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 tl---e Corporate Seal of the Corporation, this 14thaay of January 1994. ,`,L�MPakrO� v,�[„i �Secretary \ C. % IC'N CAL 37 (REV. 5 22)