HomeMy WebLinkAboutANGEL'S COMPREHENSIVE SERVICES INC. - 1985-10-14 (2)RECORDINt, J
REQUESTED 8y
A'4D WHEN RECORDED MAIL TO:
.-*
LATY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190
Huntinp-ton Oeiic.l}. Calif. 926AR
NOTICE OF COMPLETION
CC-654 �6:`t3.5fi5f1
IRECORDED IN OFFICIAL RECORDS
CIF ORANGE COUNTY CALIFORNIA
.12 45 PIS SEP Z 2'86
// , / COUNrr
fig 7 RFCOADEH
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of
the City of Huntington Beach, California to Angpl's ComnrehPn6iy Services, Inc.,
Santa Ana, California
who was the company thereon for doing the following work to -wit: Landscape and irrigation
improvements complete on Magnolia Street between Banning Avenue and Bermuda Drive in
the City of Huntington Beach, California
That said work was completed by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and
that said work was accepted by the City Council of the City of Huntington Beach
at a regular meeting thereof held on September 15, 1986
That upon said contract the AmericAn Motorists, ,In$Vra_nge Company
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 16th day of September_ , 1986
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
Alicia M. Wentworth
City Clerk and ex--officio C erk
of the City Council of the City
of Huntington Beach, California
BY:
fib _
Conn, Brockway, puty
I, ALICIA M. WENTWORTH, 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 16th day of September , 1986 .
This document is solely for the
official business of the Citp
of Huntington Beach, as contem-
plated under Government dodo
Sec. 6103 and should be recorded
ftee or charge.
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY:
Connie Brockway, Deputy
RECORDING
EQLIMED BY
WHEN RECORDED ,.AIL TO: -
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190
Huntinvion Be ich. Calif. 92I;af'
86 :43565T 19 CC-654
EXEMPT RECORDED IN OFFICIAL REooi�
Of ORANGE COUNTY CALIFORNIA
C1
-1245 PM SEP 2 2'86
NOTICE OF COMPLETION p?�_CI �, ..o.,u(� couNry
pFGflRDER
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of
the City of Huntington Beach, California to T Aegpl's rnmprehBrisiva Servi_Ces, Inc.,
Santa Ana, California
who was the company thereon for doing the following work to -wit: Landscape and irrigation
improvements complete on Magnolia Street between Banning Avenue and Bermuda Drive in
r
the City of Huntington Beach, California
That said work was completed by said company according to pl-a-ns 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 September 15, 1986
That upon said contract the AmeInsura rce Company_
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this ____16th day of Sg m r , 1986 -
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY: 40A�J 6Z4�0r
Connie Brockway, Mputy
I. ALICIA M. WENTWORTH, the dul, elected and qualified City Clerk and ex-officio
Clerk of tine 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 16th day of September , 1986 .
This document is solely for the
offiaiftl business of the MY
of Huntington Beach. as contem-
plated under Government Code
Sec. 6103 and should be recorded
ihroe of ebarae .
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY:
Connie Brockway, Deputy
REQUEW FOR CITY COUNCP ACTION
Date
September 2, 1986
Submitted to: Honorable Mayor and City CouncilA
son Administratorc• W
Charles Th 4,
Submitted by: �P � City
1. ��- d��
Prepared by: Paul E. Cook, Director of Public Vlbrks� t-
Subject: Magnolia Street Irrigation and Landscape Improvements; �654 C
Consistent with Council Policy? Yes (] New Policy or Exception C1,
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue:
On September 3, 1985, the City Council authorized a call for bids for the Magnolia
Street Landscape Improvements.
Angel's Comprehensive Services, Incorporated has caripleted landscape.and irrigation
improvements on Magnolia Street between Banning Avenue and Hamilton Avenue for a
final contract price of $55,506.05.
Reccmnended Action:
Accept the work and instruct the City Clerk to file a notice of om pletion.
Analysis:
On May 5, 1985, the City Council awarded a contract to Angel's Camprehensive Services,
Incorporated for the landscape and irrigation construction improvements along Magnolia
Street between Banning Avenue and Hamilton Avenue.
The construction of the improvements is now ccnplete, per the approved plans and
specifications, and therefore the Director of Public Works reccmriends acceptance
of the project and request that the Notice of Campleti6n be filed by the City
Clerk.
The following is a summary of contract costs:
Engineer's Estimated Contract
Amount with Construction
Contingencies:
Contractor's Total Contract
Bid Price:
Council Approved
$56,200.00
$59,500.0C
Actual Expenditures
$55,506.05*
*Contract amount was reduced due to credit paid lack to the City of Huntington Beach.
(Import/export of necessary soil, as called out on plans, was not needed).
Funding Source:
City Gas Tax Fund - Account No. 746540 and 740580.
CWr:PEC:RAM:lw
NO 5/88
00
Im
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 82648
Paul E. Cook
Director
Smith Pipe & Supply, Incorporated
772 Rancho Conejo Boulevard
Newbury Park, CA 91320
Attention: Kim McCurdy
Septarber 17, 1986
Public Works Department
(714) 536.5431
Subject v4aa p1
._. .- I.lil ■
Dear Mr. McCurdy:
On Monday, Septater 3.5, 1986, Huntington Beach City Qxxncil accepted
the work m Magnolia Street and instructed the City Clerk to file a notice
of ocapletion.
As a reminder, a release for a Stop Notice in the amount of $10,883.67,
held by Smith Pipe and Supply, Incorporated, needs to be submitted before
the city can release any retention Bands.
Should you have any questions, please call me at (714) 536-5423.
Very 1 s,
A. Martinez
/ Project Coordinator
PAM:lw
Encl. Release of Stop Notice FV
A
- jLjjMe
Paul E. Cook
Director
00
go 0 cc - 6 -50-Y
CITY OF HUNTINGTON:` BEACH
2000 MAIN STREET
Angel Cottprehensive Services, Inc.
520 North Main Street, #A
Santa Ana, CA 92701
Dear Mr. Sepulveda:
September 17, 1986
CALIFQRNIA 92648
Public Works Department
(714) 536-6431
on Monday, September 15, 1986, Huntington Beach City Council accepted
the work on Magnolia Street and instructed the City Clerk to file a Notice
of Completion.
As a reminder, the following items mast also be an file with this
office, before the city can release any retention funds:
1. teeing the final want. of work and
materi -"'tor one year. If Your performance bond does
not include specific wording for a am near warranty,
0
must
2. An - "Mating that all workmen and persons employed,
al ]*nIm supplying materials, and all subcontractors have
been paid in full and that there are no outstanding claims
against this project.
3. &vcs ice. _-_ �ii�aeJorm must be signed at the
*f completion of work an re"�`--`tuzned to this office.
4. A � _ a -a; otu" -,in the aumunt of $10, 883.67,
fi Smith Prpe5opply, Incorporated.
5. _ rdthor to the City of Huntington Beach
_issue�ajo=t�7twtween A.C.S., Incorporated and
m' ripe-SUp-ply, Incorporated.
Should you have any questions or concerns regarding these items that
uwst be on file in our office, prior to releaseSurs;
retention funds, please
cal]. me at 536--5423.
i�u�y Ver� .,
Project Coordinator
Encl. "Sample Request for Joint Check" -
Certificate of Compliance Form
Release of Stop Notice Form
Declaration of Satisfaction of Claims
/17
0
CITY OF HUNT I NGTON BEACH
RELEASE OF STOP NOTICE pci ?
To: CITY OF HUNTINGTON BEACH
Attention: City Clerk
2000 Main Street
Huntington Beach, California 92648
The undersigned hereby withdraws and releases the,Stop
Notice f i led on Aua"t 25 , 199A , with the above -named
.public entity. -against A.C.S, TNr.- _ in
the amount of $ moo, m 62 for labor,
services, equipment and/or material furnished in connection with
the original contract, numbered CC-- NfaanQUa,Rtfragt •
for the performance of the public work of imporvement described in
the contract between the public entity and A. C.S. INC. •
the prime contractor. A copy of the contract is on file with the
City Clerk.
The undersigned also hereby releases the CITY OF
HUNTINGTON BEACH, and its subdivisions, officers, employees and
agents; from any and all duties under Section 3186 of the
California Civil Code to withhold money or bonds in response to
the above -mentioned Stop Notice, and waives any and all rights of
action against them that might accrue thereunder.
DATED: _ C� &. ;)";1 - , 19 FSb .
Name of Claimant: Iforporation, signature
es r ice rest e
�ar+rafa�rf
ie Financiaficer
Address:
16341
CITY OF HUNTINGTON BEACH
20QQ MAIN STREET
CALIFORNIA 92648
OFFICE OF THE CITY CLERK
February 10, 1986
Angel's Comprehensive Services, Inc.
520 N. Main Street, 74230
Santa Ana, CA 92701
RE: Irrigation & landscaping improvements - Magnolia St - CC-654
Enclosed is your bid bond, a copy of the executed contract with the City of
Huntington Beach and a Certificate of Compliance form. The Compliance
Form must be signed at the completion of work and returned to this office.
In addition, the following items must also be on file, with this office,
before the City can release any retention funds.
1. 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.
2. An affidavit stating that all workmen and persons employed, all
firms supplying materials, and all subcontractors have been paid
in full and that there are no outstanding claims against this
project.
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 Con Noble, Contract Administrator, 536-5441.
Alicia M. Wentworth
City Clerk
AMW : b t
CC: Don Noble, Public Works Dept.
Enclosures: 'Bid Bond
-Cash Contract
.Certificate of Compliance
(Telephone: 714.536-5227 }
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
February 10, 1986
Carlson Landscaping
9050 Blackbird
Fountain Valley, CA 92708
CALIFORNIA 92648
We are returning your bid bond which was submitted with your
proposal for the Magnolia Street Landscaping Improvements between
Banning Avenue and Bermuda Drive, Project CC-654, in the City of
Huntington Beach.
The contract for this job was awarded to Angel's Comprehensive
Services of Santa Ana.
We would like to take this opportunity to thank you for your
interest in submitting a proposal.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
1 Telephone: 714.536-5227 )
0 0
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
February 10, 1986
Sunrise Landscape Company, Inc.
11528 Willins Street
Santa Fe Springs, California 90670
CALIFORNIA 92648
We are returning your bid bond which was submitted with your
proposal for the Magnolia Street Landscaping Improvements between
Banning Avenue and Bermuda Drive, Project CC-654, in the City of
Huntington Beach.
The contract for this job was awarded to Angel's Comprehensive
Services of Santa Ana.
We would like to take this opportunity to thank you for your
interest in submitting a proposal.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
Mie phone: 714-536.5227 )
i
s
CITY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND ANGEL'S COMPREHENSIVE SERVICES, INC.
FOR THE IRRIGATION AND LANDSCAPING IMPROVEMENTS
THIS AGREEMENT is made and entered into on this /ftlkJ
day of _7 19 1( , by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and ANGEL'S
COMPREHENSIVE SERVICES, INC., hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project,
hereinafter referred to as "PROJECT," more fully described as
the irrigation and landscaping improvements to the existing
medians on Magnolia Street, in the City of Huntington Beach,
California; and, CONTRACTOR has been selected and is to perform
said work;
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made and exchanged, the parties covenant
and agree as follows:
1. STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all
labor, plant, tools, equipment, supplies, transportation,
utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike
manner.
z
•
0
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 unforseen difficulties which may arise or be
encountered in the prosecution of work, and for all other risks
of any description connected with the work, including, but not
limited to, all expenses incurred by or in consequence of the
suspension or discontinuance of work, except such as are herein
expressly stipulated to be borne by CITY, and for well and
faithfully completing the work within the stipulated time and in
the manner shown and described in this Agreement, and in
accordance with the requirements of CITY under them for the
compensation set forth in the accepted bid proposal.
However, the total compensation to be paid is to be computed
on the basis of the units of work as it is actually performed,
in accordance with the stipulated prices named in the 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.
(2)
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 1982 edition of Standard Specifications for
Public Works Construction, published by Builder's News, Inc.,
3055 Overland Avenue, Los Angeles, California 90034, and all
amendments thereto, written and promulgated by the Southern
California chapter of the American Public Works Association and
the Southern California District Associated General Contractors
of the California Joint Cooperative Committee;
D. Bid documents including the Notice Inviting Bids,
the Special Instructions to Bidders and the Contractor's
Proposal (attached hereto as Exhibit "A");
(3)
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, the sum
of Fifty-nine Thousand, Five -hundred Dollars (09,500.00) as
set forth in the Contract Documents, to be paid as provided for
in Sections 1, 6, 13 and 14 herein.
(4)
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
and Twenty (120) calendar days from the execution of this
Agreement by CITY, excluding delays provided for in Section 11
herein.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of
the essence in the performance of this Agreement and each and
every provision of the Contract .Documents.
CONTRACTOR shall prepare and obtain approval as
required by the Contract Documents for all shop drawings,
details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with
the progress schedule set forth in the Contract Documents.
CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors and CITY forces working on the
PROJECT, in a manner that will facilitate the efficient
completion of the PROJECT and in accordance with Section 4
herein. CITY shall have complete 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.
(5)
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 s11all not pay any extra charges made by CONTRACTOR
that have not been agreed upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall
submit immediately to the DPW a written cost proposal reflecting
the effect of the change. Should the DPW not agree to such cost
proposal, the work shall be performed according to the changes
ordered in writing by the DPW and the proper cost thereof shall
be negotiated by the parties upon cost and pricing data
submitted by the CONTRACTOR; thereupon, CITY will promptly issue
an adjusted change order to CONTRACTOR and the contract price
will be adjusted upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be
performed or furnished under this Agreement unless and until a
Notice to Proceed has been given to the CONTRACTOR by CITY.
CITY does not warrant that the work site will be available on
the date the Notice to Proceed is issued. In event of a delay
(6)
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.
$. BONDS
CONTRACTOR shall, prior to entering upon the
performance of this Agreement, furnish the following bonds
approved by the City Attorney: One in the amount of one hundred
percent of the contract price to guarantee the CONTRACTOR'S
faithful performance of the work and to warrant such performance
for a period of one (1) year after CITY'S acceptance thereof,
and one in the amount of fifty percent (50%) 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.
(7)
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 as an employee of CITY. CONTRACTOR shall
secure, at its expense, and be responsible for any and all
payment of income tax, social security, state disability
insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and
employees, and all business licenses, if any, in connection with
the PROJECT.
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 in Section 4 herein, damage will be sustained
by CITY; and that it is, and would be, impractical and extremely
difficult to ascertain and determine the actual damage which
CITY would sustain in the event of and by reason of such delay;
it is, therefore, agreed that CONTRACTOR will pay to CITY, as
liquidated damages and not as a penalty, the sum of one hundred
dollars ($100) per day for each and every working day's delay in
completing the work in excess of the number of calendar days set
forth in Section 4 herein, which sum represents a reasonable
endeavor by the parties hereto to estimate a fair compensation
for the foreseeable losses CITY would sustain in the event of
and by reason of such delay; and CONTRACTOR agrees to pay said
damages herein provided, and further agrees that CITY may deduct
(8)
•
•
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 unforseeable causes beyond the
control and without the fault or negligence of CONTRACTOR,
including, but not restricted to, acts of God or of the public
enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays of subcontractors due to
such causes.
CONTRACTOR shall, within fifteen (15) days from the
beginning of any such delay (unless the DPW shall grant a
further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the
delay and CITY shall extend the time far completing the work if,
in its judgment, the findings of fact thereon justify the delay;
and the decisjon•of the DPW shall be conclusive on the parties
hereto.
Should CONTRACTOR be delayed in the prosecution or
completion of the work by the act, neglect or default of CITY,
or should CONTRACTOR be delayed waiting for materials required
by this Agreement to be furnished by CITY, or by damage caused
by fire or other casualty at the job site for which CONTRACTOR
is not 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
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.
When CONTRACTOR has, in the judgment of the DPW,
faithfully executed fifty percent (50%) or more of the value of
the work as determined from the bid schedule, and if the DPW
finds that satisfactory progress has been and is being made, the
CONTRACTOR may be paid such sum as will bring the payments of
each month up to one hundred percent (100%) of the value of the
work completed since the commencement of the PROJECT, as
determined by DPW, less all previous payments and less all
previous retained amounts. The final payment, if unencumbered,
or any part thereof unencumbered, shall be made thirty-five (35)
days after the acceptance of the work and the filing of a Notice
•
•
of Completion by CITY. Payments shall be made on demands drawn
in the manner required by law, each payment to be accompanied by
a certificate signed by the DPW, affirming that the work for
which payment is demanded has been performed in accordance with
the terms of the Agreement and that the amount stated in the
certificate is due under the terms of the Agreement. Partial
payments on the contract price shall not be considered as an
acceptance of any part of the work.
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 Section 13 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.
(13)
1 0 0
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, agents and
employees against any and all liability, claims, judgments,
costs and demands, however caused, including those resulting
from death or injury to CONTRACTOR'S employees and damage to
property, arising directly or indirectly out of the obligations
herein undertaken by CONTRACTOR, or out of the operations
conducted by CONTRACTOR, regardless of the active or passive
nature of any negligence by CITY, save and except those which
arise out of the sole negligence or sole willful misconduct of
CITY. CONTRACTOR will defend any such suits at the sole cost
and expense of CONTRACTOR when requested by CITY, and any costs
of defense or attorney's fees incurred by CITY in enforcing
this obligation will be reimbursed to CITY or may be awarded to
CITY by a court of competent jurisdiction.
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
(14)
liability for workers' compensation; CONTRACTOR covenants that
it will comply with such provisions prior to commencing
performance of the work hereunder.
CONTRACTOR shall maintain such Workers'
Compensation Insurance in an amount of not less than One -hundred
Thousand Dollars (W O,000), at all times incident hereto, in
forms and underwritten by insurance companies satisfactory to
CITY; and CONTRACTOR shall, prior to commencing performance of
the work hereunder, furnish to CITY, on a form approved by the
City Attorney, a certificate evidencing such insurance; said
certificate shall include a provision that the insurer shall
notify CITY at least thirty (30) days prior to any cancellation
or modification of said insurance policy; and CONTRACTOR shall
notify CITY at least thirty (30) days prior to any cancellation
or modification of such policy. Said insurance shall not
derogate from the provisions for indemnification of CITY by
CONTRACTOR under Section 16 of this Agreement.
CONTRACTOR shall require all subcontractors to provide
such Workers' Compensation Insurance for all of the
subcontractors' employees. CONTRACTOR shall furnish to CITY a
certificate of waiver of subrogation under the terms of the
Workers' Compensation Insurance and CONTRACTOR shall similarly
require all subcontractors to waive subrogation.
(15)
20. INSURANCE
A. CONTRACTOR shall carry at all times incident
hereto, on all operations to be performed hereunder, bodily
injury and property damage liability insurance policies
including automotive bodily injury damage liability insurance,
underwritten by insurance companies in forms satisfactory to
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, 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
policies in full force and effect during the life of this
Agreement, in an amount of not less than One -Million Dollars
(t1,000,0000) combined single limit coverage. CONTRACTOR
shall require its insurer to waive its subrogation rights
against CITY and agrees to provide certificates evidencing the
same.
B. CONTRACTOR shall acquire an errors and omissions
insurance policy covering all work performed by it hereunder.
Said policy shall provide coverage for CONTRACTORS errors and
omissions in an amount of not less than $300,000.
C. Before CONTRACTOR performs any work at, or
prepares or delivers materials to the site of construction,
CONTRACTOR shall furnish to CITY certificates of insurance
(16)
subject to approval of the City Attorney evidencing the
foregoing insurance coverages; said certificates shall provide
the name and policy number of each carrier and policy, and shall
state that the policy is currently in force and will not be
cancelled without thirty (30) days written notice to CITY.
CONTRACTOR shall maintain the foregoing insurance coverages in
force until the work under this Agreement is fully completed and
accepted by CITY.
The requirement for carrying the foregoing insurance
shall not derogate from the provisions for indemnification of
CITY by CONTRACTOR under Section 18 of this Agreement. CITY or
its representative shall at all times have the right to demand
the original or a copy of all said policies of insurance.
CONTRACTOR shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
21. DEFAULT AND TRR119INATION
If CONTRACTOR fails or refuses to prosecute the work
hereunder with diligence, or fails to complete the work within
the time specified, or is adjudged a bankrupt or makes an
assignment for the benefit of creditors or becomes insolvent, or
violates any provision of this Agreement or the Contract
Documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within
ten (10) days after such Notice of Intention has been served on
CONTRACTOR, CITY may, without prejudice to any other remedy it
(17)
lJ
•
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.
22. DISPOSITION OF FLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to
be performed hereunder, or upon earlier termination of this
Agreement, all original plans, specifications, drawings,
reports, calculations, maps and other documents pertaining to
this Agreement shall be delivered to CITY and become its sole
property at no further cost.
23. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or
encumber this Agreement, or any part hereof, or any right or
duty created herein, without the prior written consent of CITY
and the surety.
24. 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.
(18)
25. ATTORNEY'S FEES
If any action of law or in equity becomes necessary to
enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs,
and necessary disbursements in addition to any other relief to
which that party may be entitled. If any action is brought
against CONTRACTOR or any subcontractor to enforce a Stop Notice
or Notice to Withhold which names CITY as a party to said action
or by reason of which CITY incurs expenses, CITY shall be
entitled to reasonable administrative and attorney's fees,
costs and necessary disbursements arising out of the processing
of said Stop Notices, Notices to Withhold, or any similar legal
document necessary to the prosecution of such action. Said
obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an
administrative fee of One -hundred Dollars (t100) for every Stop
Notice filed in excess of two, regardless of whether or not CITY
is named in an action. CITY may set off any unreimbursed cost
or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
26. 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.
(19)
27. CAPTIONS
Captions of the Sections of this Agreement are for
convenience and reference only, and the words contained therein
shall in no way be held to explain, modify, amplify or aid in
the interpretation, construction or meaning of the provisions of
this Agreement.
(REST OP PAGE NOT USED)
(20)
28. ENTIRETY
The foregoing represents the entire Agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized
officers the day, month and year first above written.
CONTRACTOR: ANGEL'S COMPREHENSIVE
SERVICES, Inc.,
a California corporation
City C7Ierk
REVIEWED APPROVED:
City dministrat
10/29/85
CITY OF HUNTINGTON BEACH,
.A municipal corporation of the
State of California
Mayor
APPROVED AS TO FORM:
.._ Ci y tt Ao
T
IN1I•A- ED D AP VE :
Direbtor of Public Works
(21)
'--'ARI INSURANCE AGENTS &-BROKERS,
INC.-
P.O. BOX 6068C
ANAHEIM, CALIF. 92806
INSURED
ANGEL'S COMPREHENSIVE SERVICES,
INC.
520 N. MAIN ST. , SUITE 230
SANTA ANA, CALIF. 92701
-- ISSUE DATE (MMIDDIYY)
2 7/86
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE m
COMPANY
A SECURITY INSURANCE GROUP
LETTER
COMPANY
13
LETTER
COMPANY
�+
LETTER
COMPANY
D
LETTER
COMPANY
LMER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTA
TYPE OF INSURANCE
POLICY NUMBER
POUCY EFFECTIVE
DATE IMMIDDIM
POLICY EXPIRATION
DATE (MMMDNY)
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRENCE
AGGREGATE
GENERAL LIABILITY
BODILY
COMPREHENSIVE FORM
INJURY
$
$
PROPERTY
PREMISESIOPERATIONS
UNDERGROUND
DAMAGE
$
EXPLOSION & COLLAPSE HAZARD
A
PRODUC SICOMPLETED OPERATIONS
B C P 045608
1/ 2 4/ 8 6
1/ 2 4/ 8 7
r CONTRACTUAL
PENDING RENEWAL OF
COMBINED
$1, 0 0 a$
1, 000
INDEPENDENT CONTRACTORS
ABOVE POLICY
' BROAD FORM PROPERTY DAMAGE
ISSUANCE FOR RENEWAL'
r PERSONAL INJURY
PERSONAL INJURY
$1, 0 0 0
POLICY FORTHCOMING
AUTOMOBILE LIABILITY
1
ANY AUTO
I
(PEA PERM
$
ALL OWNED AUTOS (PRIV. PASS.)
awls
A
POTHER TITHAN AN
ALL OWNED AUTOS (OTHER
BCP 045608
1/ 2 4/ 8 6
1/ 2 4/ 8 7
IruuaY
$
PROPERTY
HIRED AUTOS
PENDING RENEWAL OF
NON -OWNED AUTOS
ABOVE POLICY.
DAMAGE
$
BI a Po
GARAGE LIABILITY
ISSUANCE FOR RENEWAL
OI,C�LEOATHC0MJ_NG
COMBINED
$ . _Q0.0
EXCESS LIABILITY
UMBRELLA FORM
Ell a PD
COMBINED
$
$
OTHER THAN UMBRELLA FORM
.STATUTORY
WORKERS' COMPENSATION
AND
/
$ (EACH ACCIDENT)
$ {DISEASE -POLICY LIMIT)
EMPLOYERS' LIABILITY
r
$ (DISEASE -EACH EMPLOYEE)
OTHER
GAIT, HUTT
N
City Attorney
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS
MAGNOLIA STREET LANDSCAPE CGS
Deputy City ttornBV
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
CITY OF HUN T I N GTON BEACH PIRATION DATE THEREOF, THE ISS ING OM NY MX)Mj L%)(0W TO
P.O. BOX 711 MAIL30 DAYS WRITTEN NOTICE T ERTIFIC E 14OLDERR NAMED TO THE
HUNTINGTON BEACH, CA. 94648 LEFT.
�c�i
AUTtj(Naqb REPRES
1
9 9 4 9 4 9 4 0
ll
ISSUE DATE {MMIODIYY) S.
Z 7 8 .
PM06UCER
THIS CERTIFICATEAS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
ARI INSURANCE AGENTS &
BROKERS,
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INC.
P.Q. BOX 6068C
COMPANIES AFFORDING COVERAGE
ANAHEIM, CALIF. 92806
LETTER E
SECURITY INSURANCE GROUP
COMPANY
LETTER
rM
Lw
INSURED
COMPANY
c
ANGEL I S COMPREHENSIVE SERVICES,
INC.
LETTER
COMPANY
520 N. MAIN ST. , SUITE 230
SANTA ANA, CALIF. 92701
LETTER
COMPANY
LETTER
a
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL'THL-TERM% EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTNE"
DATE (MMA)DrM
POUCY E)SRATION
DATE IMIkIXYM
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRENCE
AGGREGATE
GENERAL
LIABILITY
COMPREHENSIVE FORM
"
BODILY
INJURY
$
$
PROPERTY
DAMAGE
$
$
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
A
PRODUCTSICOMPLETED OPERATIONS
BCP 045608
1/24/86
1/24/87
CONTRACTUAL
PENDING RENEWAL OF
COMBINED
$1, 000
$1 000
INDEPENDENT CONTRACTORS
ABOVE POLICY
BROAD FORM PROPERTY DAMAGE
ISSUANCE FOR RENEWA
PERSONAL INJURY
POLICY FORTHCOMING
PERSONAL INJURY
$ 1 , 00O
AUTOMOBILE
LIABILITY
ANY AUTO
BODILY
:JURY
(PER PERSON!
$
A
ALL OWNED AUTOS sPRIV. PASS.)
ALL OWNED AUTOS (OTHER THAN
LPRIV.PASS.}
BCP 045608
1/24/86
1/24/87
MY
ip�q jvAJOEAT
-
PROPERTY
DAMAGE
$
HIRED AUTOS
NON -OWNED AUTOS
PENDING RENEWAL OF
ABOVE POLICY.
BIaPD
COMBINED
$ -
GARAGE LIABILITY
ISSUANCE FOR RENEWAL
nT I TV FORTHCOMI
L�L41 FSJAl J i�t
EXCESS LIABILITY
UMBRELLA FORM
el a PO
COMBINED
$
$
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
f"
4
STATUTORY
$ (EACH ACCIDENT)
$ (DISEASE -POLICY LIMIT)
$ (DISEASE -EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESISPECIAL ITEMS
MAGNOLIA STREET LANDSCAPE CC654
CITY OF HUNTINGTON
P.O. Box 711
HUNTINGTON BEACH,
BEACH
CA. 94648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEX-
MAIL 0 N DATE THEREO, THE DAYS. WRITTEN NOTICE ISSTING ROFIC NE I OWERA D E
LEFT. Bt ygxvmvLYI9WiEvw 1114 on&v9RIIL N[1A91X1twOtltUEBILSYY
STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101
COMPENSATION
INSURArQCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
January 10, 1986 POLICY NUMBER: 699662-85
CERTIFICATE EXPIRES: 6 / 1 / 86
rCity Of Huntington
Building Division
Attention: Gloria
2000 Main Street
Huntington Beach,
L
Beach
3rd Floor
Gitsham
California 92648
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the fund except upon tXtXdays' advance written notice to the employer.
We will also give you UrAdays' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies.
r� FESI�ENT
JOB: CC654, Magnolia Street Landscaping
Endorsement #2065 entitled Certificate Holders' Notice
effective 1/10/86 is attached to and forms a part of this policy.
EMPLOYER
r
Angel's Comprehensive Services Inc.
520 North Main Street, Suite 230
Santa Ana, California 92701
APPROVED AS TO FORKS
GAIL HUT -TON
City At ley
By:
Deputy City Attorne'l
L
SCIF 10262 (REV. 8-84) OLD 262A
RF'['IIKti TO: CERTIFICATE OF INSURANCIS- Approved as to Form:
City of Huntington Beach TO Gail Hutton, City Attorney
Ins. . R,•n.Office CITY OF HUNTINGTON BEACH, CALIFORNIA
1'. 1 ►. 1„x 190
f lnntingion Beach, CA 92648 A MUNICIPAL CORPORATION By
Oki i4a�
This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force
at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees
to give 10 days prior written notice, by mail, to City of Huntington Beach, P. O. Box 711, Huntington Beach, California 92648. ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
ATTORNEY.
Name of Insured
ANGEL'S COMPREHENSIVE SERVICES, INC.
Address of Insured 520 N. MAIN STREET, SUITE 230, SANTA ANA, CALIF. 92701
Location of Work or Operations to be performed
Description of Work or Operations MAGNOLIA STREET LANDSCAPING
POLICY DATES
LIMITS OF LIABILITY
NAME OF COMPANY
Effective
Expiration
POLICIES IN FORCE
POLICY NO.
In Thousands (pop)
(INS.)
GENERAL LIABILITY
COMPREHENSIVE FORM
1 000
[ X] PREMISES — OPERATIONS
B C P 0 4 5 6 0 8
1 2/ 1/ 8 4
1/ 1/ 8 6
$ CSL
SECURITY
Each Occurance
[] EXPLOSION AND
INSURANCE
COLLAPSE HAZARD
GROUP
(I UNDERGROUND HAZARD
[)0 PRODUCTS COMPLETED
OPERATIONS HAZARD
[XI CONTRACTUAL
INSURANCE
[Xl BROAD FORM
PROPERTY DAMAGE
[XI INDEPENDENT
CONTRACTORS
[XI PERSONAL INJURY
AUTOMOBILE LIABILITY
[X1 COMPREHENSIVE FORM
[X1 OWNED
BCP045608
1 2/ 1 /84
I / 1 /86
s 1 000 aL
SECURITY
INSURANCE
Each Occurence
IX HIRED
GROUP
[X I NON -OWNED
EXCESS LIABILITY
[ ] UMBRELLA FORM
S
[ I OTHER THAN
UMBRELLA FORM
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
Additional Insured Endorsement:
The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees,
commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the
City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall
be primary to any insurance of the City of Huntington Beach, as their interest may appear.
Date 1 2 / 1 3 / A 5 IZED REP AT VE
INSURANCE COMPANY SECURITY INSURANCE G R P . ALIT
OF I C NY
By
Name SMC INSURANCE UVR ICE,5,INC. Add-
Address 1522 E. FOURTH STREET, #205 _ City
SANTA ANA, CALIF. 92701
City Telephone t `�
HOLD HARMLESS AGREEMENT
corporation Ito be executed by insured)
The insured • ,agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its
officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims,
demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising
out of or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished.
'I1) Sole Proprietorship (2) Partn i 1 Corporation (41 Other (state)
HOLD HARMLESS SIGNED: By ured; ttfr— President
In
(All namo shall be printed or typed
below each signature.) By Insured:
Vice President & General
Manager
If Corporation, TWO Officers must sign, or present evidence of authorization to bind Corporation.
t
• BOND NO.6M 678 638 00
PREMIUM $1,190.00
a
AMERICAN MOTORISTS INSURANCE COMPANY
PERFORMANCE BOND _ CALIFORNIA _ PUBLIC WORK
AMOVED hS TO FOaq
KNOW ALL MEN BY THESE PRESENTS: That we t2 IL �r[1Ti�=3, City ttotfi6k
}; ( l_ 1
ANGELIS COMPREHENSIVE SERVICES, INC.
as principal,
and AMERICAN? MOTORISTS INSURANCE COMPANY, a Corporation organized
and existing under the laws of the State of Illinois and authori-ed
to transact surety business in the State of California, as Surety,
are held and firmly bound unto CITY OF HUNTINGTON BEACH
in the sum of FIFTY-NINE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($ 59, 500.00 )
lawful money of the United States of America, for the payment
whereof, well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
The condition of the foregoing obligation is such that,
whereas the above bounden Principal has entered into a contract
dated , with said CITY OF HUNTINGTON BEACH
to do and perform the following work, to -wit:
CC 654 MAGNOLIA STREET IRRIGATION & LANDSCAPE IMPROVEMENTS
NOW, THEREFORE, if the above -bounden Principal shall well
and truly perform, or cause to be performed, each and all of the
requirements and obligations of said contract to be performed by
said Principal, as in said contract set forth, then this bond shall
be null and void; otherwise it shall remain in full force and
effect.
SIGNED, sealed and dated this 25th DAY OF NOV., 1985
AMERICAN MOTORISTS INSURANCE COMPANY
BY: C'�/
STEPHEN' C. FfLB A torney_in-Fact
ANGEL'S COMPREHENSIVE SERVICES, INC.
BY:
STATE OF CALIFORNIA '
COUNTY OF ORANGE r ss-
• OFFICIAL SEAL •
P. EIKMEIER
• NOTARY PUBLIC-CALIFORNIA +
ORANGE COUNTY i
i••1�i•• %MV COMMission Expirez Apr. 25 1986 i
ON NOV. 25 19 $5 . before
Me a Notarts Public in and for said State. personally a e rod
STEPHEN C. KOLB P E R S 0.11.�L.Y
known to me to he the person whose name is subscribed in the
within Instrument as the Attorney in Fact of AMERICAN
MOTORISTS INSURANCE COMPANY. and aci<nowledgPd to
me that he subscribed the name of said Company thereta as
Surety, and his own name as Attorney in Fact
6 1 /e rr; &.1Lz
Notary Public
4,MERICAN MOTORISTS INSL&CE COMPANY •
Home Office: Long Grove, IL 60049 GROVP
POWER OF ATTORNEY �J
Know All Men By These Presents:
That the American Motorists Insurance Company, a corppooration organized and existing under the laws of the State of Illinois, and
having its principal office in Long Grove, Illinois, does hereby appoint*•s*r►:ssssrssr«srssssssssssrsrsrsrrsssssss
Stephen C. Kolb of Anaheim, California ***********************
its true and lawful agent(s) and attorney(s)-in-fact; to make, execute, seal, and deliver during the period beginning with the date of
issuance of this power and ending December 31, 1986, unless sooner revoked for and on its behalf as surety, and as its act and
deed:Any and all bonds and undertakings provided the amount of no one bond or
undertaking exceeds TWC HUNDRED FIFTY THOUSAND ($2-0,000.00)***************
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the
dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists
Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1986.
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists
Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is
hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the Chairman, the President, or any Vice President, or their appointees designated in writing and filed
with the Secretary; or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute
on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other
writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process"
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by
the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981:
"VOTED, That the signature of the Chairman of the Board, the Chairman, the President, any Vice President, or their appointees designated in
writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company and certifications by the Secretary, may be affixed
by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20th, 1981 and any
such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and
binding upon the Company"
in Testimony Whereof, the American Motorists Insurance Company has caused this instrumem be signed and its corporate seal
to be affixed by its authorized officers, this lith day of November , 19 t5.
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
0
R. H. Johnson, Secretary G. H. Kasbohm, Vice President
STATE OF ILLINOIS
COUNTY OF LAKE }55
I, Margaret Redmore, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to me to be the
same persons whose names are respectively as Vice President and Secretary of the American Motorists insurance Company, a
Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally
acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument
as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: July 6, 1988 Margaret Redmore, Notary Public
FM836-3 7.84 1M PRINTED IN U.S.A.
Power of Attorney —Term
CERTIFICATION
I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached
Power of Attorney dated November 11 , 1985 on behalf of _at : hen C _ Kolb Qf
Anaheim t, �,�if ornia� **� *��* ******* is a true and correct copy and that
that same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do
further certify that the said G. H. Kasbohm and R. H. Johnson who executed the Power of Attorney as Vice President and Secretary
respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of
the American Motorists Insurance Company.
IN TESTIMONY WHEREON have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insur-
ance Company on this WHEREON
day of NOV- , 19 85
5 en L. Johanson, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they
have no authority to bind the Company except in the manner and to the extent herein stated.
FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL. (312) 540-2000, CONTRACT BOND DEPARTMENT,
OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS 60049.
FM 8'►.3 7-84 1 M
BOND *`M 678 638 00
A
}
AMERICAN MOTORISTS INSURANCE COMPANY
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we CITY OF HUNTINGTON BEACH
have awarded to AN'GII'' S COMPREHENSIVE SERVICES, INC.
hereinafter designated as the Contractor, a contract for the work
described Is follows:
CC 654 MAGNOLIA STREET IRF IGATION & LANDSCAPE IMPROVE,1ENT
WHEREAS, said Contractor is required
with said contract, providing that if
or its sub -contractors, shall fail to
provender or other supplies or teams
performance of the work contracted to
thereon of any kind, that the Surety
to furnish a bond in connection
said Contractor, or a-ny of his
pay for any materials, provisions,
used in, upon, for or about the
be done, or for any work or labor
on this bond will pay the same;
NOW, THEREFORE, we A_'VGEL' S C0MmPREHENSIVE SERVICES, INC.
the undersigned Contractor as Principal, and AMERICAN MOTORISTS INSURANCE
COMPANY, a corporation organized and existing under the laws of the
State of Illinois, and duly authorized to transact business in the
State of California, as Surety, are held and firmly bound unto CITY
OF HUNTING'1101V BEACH i n t h e s u m o f FIFTY - NINE THOUSAND,
FIVE- HUN-DRED AND N`0/100 DOLLARS ( $ 5 9 , 5 0 0.00 ) said s u m being n o t less than
one-half of the estimated amount payable by the said PRINCIPAL
under the terms of the contract, for which payment
well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, if said Contractor,
his or its heirs, executors, administrators, successors and assigns,
or sub -contractors, shall fail to pay for any mat,f-J als, provisions,
or provender or other supplies or teams, implements or machinery used
in, upon, for or about the performance of the work contracted to be
done, or for any work or labor thereon of any kind or for amounts due
under the Unemployment Insurance Act with respcc: to such work or
labor as required by the provisions of Chapter 7, Title 15, part 4
of Division 3 of the Civil Code, and provided that the claimant shall
have complied with the provisions of said Code, the Surety, or Sureties
hereon will pay for the same in an amount rot exceeding the sum specified
+ in this bond, otherwise the above obligation shall be void. In case
suit is brought upon this bond, the said Surety will pay a reasonable
attorney's fee to be fixed by the court. This bond shall inure to the
' benefit of any and all persons, companies and corporations entitled to
file claims under the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
SIGNED, SEALED AND DATED THIS 25th DAY OF NOV., 1985
AMERICAN MOTORISTS INSURANCE COMPANY
B Y G"'�
STEP�;EN C. K U3 ttorney-i n- act
&V?1kCVILD AS TO FORYe
Ult JWTTON, City At army ANGE7 ' S CaUIREHENSI w SERVICES, INC.
> cI WAIA_ Ity attoY
i
BY •
i
' S7A7E OF CALIFORNIA ss
COUNTY OF ORANGE I
• OFFICIAL SEAL •
P, EIKMEIER
• NOTARY PUBLIC-CALIFORNIA �
s ORANGE COUNTY •
• Mt Cmnm-lion Expires Apr. 25,1986
ON NOV. 25 19 85 before
me a Notary Public in and for said State. personally a rid
STEPHEN C. KOLB PERSQ'�I �
known to me to he the person whose name is subscribed to the
within Instrument as the Attorney in Fact of AMERICAN
MOTORISTS INSURANCE COMPANY, and acwnowledrd In
me that he subscribed the name of said Company thereto as
Surety. and his own name as Attorney in Fact
Notary Public
4
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALlFOR NIA 92648
OFFICE OF THE CITY CLERK
October 30, 1985
Allied Sprinkler Company, Inc.
2813 Gretta Lane
Anaheim, CA 92806
We are returning your bid bond which was submitted with your
proposal for the Magnolia Street Landscaping Improvements between
Banning Avenue and Bermuda Drive, Project CC-654, in the City of
Huntington Beach.
The contract for this job was awarded to Angel's Comprehensive
Services of Santa Ana.
We would like to take this opportunity to thank you for your
interest in submitting a proposal.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
(Telephone: 714-636.5227 )
FrE
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
October 30, 1985
Kato Landscaping, Inc.
18182 Bushard Street
Fountain Valley, CA 92708
We are returning your bid bond which was submitted with your
proposal for the Magnolia Street Landscaping Improvements between
Banning Avenue and Bermuda Drive, Project CC-654, in the City of
Huntington Beach.
The contract for this job was awarded to Angers Comprehensive
Services of Santa Ana.
We would like to take this opportunity to thank you for your
interest in submitting a proposal.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
(Telephone: 71 "36.6227 )
0
CITY OF HUNTINGN BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
October 30, 1985
John C. Ettlin
25371 Yacht Drive
Dana Point, CA 92629
CALIFORNIA 92648
We are returning your bid bond which was submitted with your
proposal for the Magnolia Street Landscaping Improvements between
Banning Avenue and Bermuda Drive, Project CC-654, in the City of
Huntington Beach.
The contract for this job was awarded to Angel's Comprehensive
Services of Santa Ana.
We would like to take this opportunity to thank you for your
interest in submitting a proposal.
Alicia M. Wentworth
City Clerk
AMW : bt
Enclosure
(Telephone: 714536-5227 )
0
REQUE* FOR CITY COUNCVACTION
Date October 1, 1985
Submitted to: Honorable Mayor and City Council
w• 4� C4vN �'��'
Submitted by: Charles W. Thompson, City Administrator C. P�ovzv nY cxT
P
Prepared by: Paul E. Cook, Director of Public Works
��-- -.f
Subject: MAGNOLIA STREET IRR-IC,ATIO?q AND IANDSCAPZNG; CC-654 ,CTTS cLl'-R��
f�--- -•---
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEP�]'_' Or' ISSUE:
Cn September 3, 1985, the City Council_ authorized a call for bids for the Magnolia
Street Irrigation and Landscaping Improvements - CC--654.
RECOMMMDATION:
1. Relieve Kato Landscaping from their bid submittal and approve the return of their
bid bond of $3,431.80.
2. Accept the second low bidder and award the contract<a,-other_b_i,.df.
ngel's Comprehensive
Services Inc., in the amount of $59,500.00 and reject
A UYSIS :
The project was estimated at $56,169.00 the bids were received on September 26, 1985
and are listed below in order of dollar amount:
1. $34,318.00 - Kato Landscaping, Inc. (relief of bid rea_uest)
2. $59,500.00 - Angel's Ccanprehensive Services
3. $62,241.00 - Carlson's Landscape
4. $66,102.00 - Sunrise landscape Co., Inc.
5. $71,000.00 - John C. Ettlin
6. $82,949.00 - Allied Sprinkler
Due to a clerical error,Kato Landscaping has asked to be relieved of their bid under
provision of the California Public Contract Code. They claim to have failed to add
the sub -contract work into their bid, items of an approximate value of $17,000.00.
Considering the Kato bid to the engineers estimate and the bids received, along with
the information provided by Kato Landscaping, we can recomTend the City give the
requested relief along with the return of the bid bond.
FUNDING SOURCE:
City Gas Tax Fund, account number 746540 & 740580
Contract Amount: $59,500.00
Construction Contingencies: $ 6,000.00
$65,500.00
P10 4/84
'RCA - Magnolia St. Irri*on & .
Landscape; CC-654
October 1, 1985
Page 2
ALTERNATIVE ACTION:
Reject all bids and advise staff on has to pursue with project.
ATTACFL'IM:
Project location map.
CWr : PEC : RAM: cha
CIVIC
CENTEK
I
QVM LOC&T ION
f3ff'TWff EN ONNNING
NNO KX�RMUDN DR.
PADJECT i ocA T/ON mAp
BID PROPOSAL FROM ANGEL'S CO.PREHENSIVE SERVICES, INC.
n. .— Firms Name
To the Honorable Mayor and City Council, City of Huntington Beach, California;
In canpliance with the notice inviting sealed proposals for the Magnolia Street
I,andscaping Improvements between Banning Avenue and Bermuda Drive in the
City of Huntington Beach.
CC-654
I harehy, prise and- a-T-ree to arty: into l contract t,3 pe-rfo=, he wrrk :1ercir,
described and to furnish the materials therefore according to the plans, speci-
fications 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 fran any subcontractor or materialman
through any bid depository, the by-laws, rules or regulations of which prohibit
or prevent the contractor Fran considering any bid from any subcontractor or
materialman which is not processed through said bid depository, or which prevent
any subcontractor or materialman frcm bidding to any contractor who does not use
the facilities of or accept bids fran or through such bid depository.
For the furnishing of all labor, materials and equipment, and or all incidental
work necessary to deliver all the improvements eanplete in place in strict con-
formity 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
APPRC KIMATE
ITEM WITH [SNIT PRIG
UNIT
�
NO.
QUANTITY
WRITTEN IN WORDS
PRICE
� T-CV.L.
Landscape and irrigation improve -
1.
Lump Stun
I
meats ccuplete on Magnolia St.
between gang Ave. and Bermuda
i
II
{
I
Drive _per L.S.
$59;50,0.00
I
�
�
I
I
�
I
i
I
I
i
i
1
I
P-1
It is understood and *ed that the approximate quan es shown in the foregoing
proposal schedule are solely for the purpose of facilif3ting the caparison of bids
and that the contractor's copensation will be computed upon the basis of the actual
quantities in the completed work, whether they be more or less than those shown
herein at the unit prices bid in the proposal schedule.
The undersigned understands the contract time limit allotted for the contract is
-120 calendar days.
If awarded the contract, the undersigned hereby agrees to sign said contract and
furnish the necessary bonds within ten (10) days of the award of said contract, and -
to begin work within ten (10) days from the date of approval of the contract by the
City of Huntington Beach, California.
The undersigned has examined carefully the site of the work contemplated, the plans
and specifications, and the proposal and contract forms therefor. The submission
of a bid shall'be conclusive evidence that the bidder has investigated and is satis-
fied as to the conditions to be encountered, as to the character, quality, and scope
of work to be performed, the quantities of materials to, be furnished,. and as to the
requirement of the proposal, plans, specifications, and the contract.
Ob
Accompanying this proposal is BIDDERS BOND ($ % J }.
NOTICE: Insert the words "Cash," "Certified Check,' or "Bidder Is 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 name 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 under-
signed.
Licensed in accordance with an act providing for the registration of contract License
N0446355 C27
Business Address 520 North :Main Street Suite #230
Santa Ana, California 92701
Place of Residence
Dated this 26
day of September
19 85
Signature of Bidder
Bidder shall signify receipt of all Addenda here, if any:
Addendum No.
Date Received
1 9/20/85
Me 's Signature
P-3
PROPOSED
• ONFOIMTICN R1 QUIRED C>F BIDDER6
Bidder is required to supply the following information. Additional sheets may be
attached if necessary.
1. Firm Name: ANGEL'S COMPREHENSIVE SERVICES INC.
2. Address: 520 N. Main St. 11230, Santa Ana, CA 3. Telephone: (714)667-6847
4. Type of firm -individual, partnership, or corporation: Corporation
5. Corporation organized under the laws of the State of: California
6. Contractor's License Number: 446355 C27
7. List the names and addresses of all members of the firm or names and titles
of all officers of the corporation: Paul Sepulveda, President/Secretary-Treasurer
Otto Bade
Mark J. Steinman, Vice President/General ?tanager
B. Number of years experience as a contractor in construction work:
9. List at least six projects completed as of recent date:
CKUZRA01,
GLASS OF
DATE
AMOUNT
;CRK
CCMPL=
NAi•SE, ADDRESS & PHONE NUMBER OF CwNER
$283,000.00
C-27
7/85
City
of San Jose (408)277-4025
S
20,000.00
C-27
8/85
Ross
Professional Center (714)558-0281_
856
N. Ross Santa Ana CA
$
18,000.00
C-27
8/85
City
of Santa Ana (714) 834-4181
$
21,000.00
C-27
12/84
City
I
of Santa Ana (714) 834-4181 I
1$.85,000.00
C-27
11/84
U.S.
Navy (619)696-5328
S
12,000.00
C-27
3/85 1Vest
Coast Lighting (714)532-6594
10. List the name of the person who inspected the site of the proposed work
for your firm: Mark Steinman and Chuck Loner
Date of Inspection: Sentember 19 1985
11. If requested by the City, the bidder shall furnish a notarized financial
statement, financial data,' or other information and references sufficiently
corprehensive to permit an appraisal of his current financial condition.
P-4
�SIGNATION 6F St'BCONTRACT
In compliance with the "Subletting and Subcontracting Fair Practices Act" being
Section 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 construction of the work
or improvarent 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 finding reduced to writing as a
public record of the Legislative B xiy of the owner.
PORTION
OF WORK
SUBCOYfRACIiOR' S NAME AND ADDRESS
STATE LICENSE
NUMER
CLASS
Excavation
Cousyn Soil & Equipment
2210 S. Susan, Santa Ana, CA
289755
C-12
P.C.C.
Sullivan Concrete
Box 1890, Costa Mesa, CA 92628
408047
C-12
By submission of this proposal, the contractor certifies:
1. That he is able to and will perform the balance of all work which is
covered in the above subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered
into and bonds furnished by subcontractor for this project.
P-5
)ATE: September 26 1985
0
ENGINEER'S ESTIMATE: 56
JOB AND CC NUMBER: Magnolia Street Lards-2e Improvements; CC-654
BIDDERS NAME - . TOTAL -BID AMOUNT
Aka Toni
Allied Sprinkler
Al Mac Landscape and Irrigation
Angel's Comprehensive Services
f
Bryant's Landscaping
Carlson s Landscape
D and V Stamp Contractors
DeArmorA Construction
Environments West
Ettlin, John C .
... -
Nu West Landscaping
g
Sunrise Landscape Ccnpany, inmrporated
James H. Tsutsui
0
•
•
INTHE
Superior Court
OF THE
STATE OF CALIFORNIA
In and for the County of Orange
CITY OF HUNTINGTON BEACH
CITY CLERK
NOTICE INVITING SEALED BIDS
CC-654
State of California )
County of Orange )sa-
MARY E. HERBON
That I am and at all times herein mentioned was a citizen of
the United States, over the age of twenty-one years, and that I
am not a party to, nor interested in the above entitled matter;
that I am the principal clerk of the printer of the
HUNTINGTON BEACH IND. REV.
a newspaper of general circulation, published in the City of
HUNTINGTON BEACH
County of Orange and which newspaper is published for the
disemination of local news and intelligence of a general charac-
ter, and which newspaper at all times herein mentioned had
and still has a bona fide subscription list of paying subscribers,
and which newspaper has been established, printed and pub-
lished at regular intervals in the said County of Orange for a
period exceeding one year; that the notice, of which the
annexed is a printed copy, has been published in the regular
and entire issue of said newspaper, and not in any supplement
thereof, on the following dates, to wit:
Sept, 5, 129 1985
I certify (or declare) under penal), of ^erjttry th.-ii the forego-
ing is true and correct.
Dated at .........GARD.EN . GROVE .....................
Cali rnia, this - .1RM & Hof ... epp t ; .19.85... .
MARY HERE 9Ature
•
ftEC!`IVE4,
CITY CLERK
CITY Of
HUNTINCTO+ BEAC►+. CALIF.
SEP 8 2 an °1M ` S
SB, SA Lo Z. '9Z 413.
•djjV3 ,JI2vaa NOLORuM
io Atli
M4313 ALP
;413A�3�.
REQUE* FOR `CITY COUNCIOACTION``
Date August 22, 1985
C�vij±�--
Submitted to: Honorable Mayor and City Council APPROVED BY CITE Ci.
Submitted by: Charles W. Thompson, City Administrator C
Prepared by: Paul E. Cook, Director of Public Works
CITY
Subject: MAGNOLIA STREET IRRIGATION AND LANDSCAPING IMPROVEMENTS - CC-654
Consistent with Council Policy? RI Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Ppy
STATEMENT OF ISSUE:
Staff has completed the plans and specifications for Magnolia Street
Irrigation and Landscaping Improvements. Council approval is now
required before the proposed project can be let for bid.
RECOMMENDATION:
Approve the plans and specifications and authorize staff to solicit
bids for construction.
ANALYSTS
Each fiscal year, monies are budgeted for the landscaping of street
medians. Staff has selected the existing median along Magnolia Street,
between Banning Avenue and Bermuda Drive, as one of this year's project.
The improvements at this location mention above conforms to the land-
scape development master plan and have been declared "categorically
exempt" from environmental impacts. Sufficient funds e::ists in fiscal
account 746540; therefore, the Director of Public Works recommends
approvals of plans and specifications and request authorization to
solicit bids for construction.
FUNDING SOURCE: City gas tax fund, account number 746540.
Estimated cost: $53,494.00
Estimated construction
contingencies: $ 2,675.00
Total $56,169.00
ATTACHMENTS:
Project Location Map
CWT:PEC:RM:dw
P10 4184
AftWJW
14
rAd
cN/Ic
CENTER
\ a. AArsa
ALQOW
�c A
ZAO'AM&
� TON
MN6NOLIN VT 1
OFTWE rN ONNN 1 N G Wn
NNO MMMUD)P DR.
PROJECT LocA T/QN MAP
w
r.-b 1� S 9%s q/1 L
NOTICE INVITING SEALED BIOS
CC-654
Notice is hereby given that the City Council of the City of Huntington Beach, California
will receive sealed bids for the Magnolia Street Landscaping Improvements in the City of
Huntington Beach, California in accordance with the plans and specifications and special
provisions on file in the office of the Director of Public Works. Documents will be
available on September 9, 1985. A charge of $10.00, not refundable, will be required for
each set of specifications ana accompanying drawings.
DIRECTOR OF PUBLIC WORKS ESTIMATE
Work Item Quantity
1. Landscape and irrigation improvements complete Lump Sum
on Magnolia Street between Banning Avenue and
Bermuda Drive
In accordance with the provisions of Section 1773 of the Labor Code, the State of
California, Director of the Department of industrial Relations shall determine the general
prevailing rate of wages, applicable to the work to be done; copies of the latest general
wage rate determinations are on file at the office of the City Clerk and the office of the
Director of Public Works of the City of Huntington Beach, California.
Plans and specifications, together with proposal. form, may be obtained at the office of
the Director of Public Works, City Hall, Huntington Beach, California.
No bid will be received unless it is made on a blank form furnished by the Director of
Public Works. The special attention of prospective bidders is called to the proposal
requirements, set forth in the specifications, for full directions as to the bidding.
The above quantities are approximate only, being given as a basis for the comparison of
bids, and the City of Huntington Beach does not express or by implications agree that the
actual amount of work will correspond therewith but reserves the right to increase or
decrease the amount of any class or portion of the work, as may be deemed necessary or
expedient by the Director of Public Works.
All bids will be compared on the basis of the Director of Public Works estimate of the
quantities of work to be done:
Substitution of securities for any monies withheld by the City to insure performance shall
be permitted in accordance with provisions of the California Government Code, Section
4590.
m
IL
Each bid shall be made out3n a form to be obtained at the offitof the Director of
Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall
be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration
Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 P.M. of
September 26 1985, and shall be opened by a committee composed of the City Cleric, the
'City Attorney and Director of Public Works or their authorized representative and the
results of said bidding will be reported to the City Council of said City of Huntington
Beach at their regular meeting to be held on Monday, the 7th of October, 1985, at the
hour 4f 7:30 P.M. in the City Council Chambers in the Civic Center of said City of
Huntington Beach, and shall be acted upon by said City Council at the regular meeting of
October 7, 1985.
The City of Huntington Beach, California reserves the right to reject any or all bids, and
to accept the bid deemed for the best interest of the City of Huntington Beach, California.
By order of the City Council of the City of Huntington Beach, California this
September 3, 1985.
ATTEST:
Alicia Wentworth
City Clerk
N-2
I . Name of Contracting Party Angel's Comprehensive service, Inc.,
Main Street,S ite 230 Santa Ana CA 92701
2. Capacity of Contracting Party: (Check one)
1) ( ) Sole proprietor
2) (x) Corporation
3) ( ) Unlimited partnership
4) ( ) Limited partnership
5) ( ) Other
(State)
3• The purpose of this agreement is to bean irrigation and
landscaping improvements in the existing medians on Magnolia St.
4. Who will sign the agreement ,Mark Stginman
'What is his/their title Vise President/General Manager
What is their authority to sign*
{ ) Owner
{ ) General Partner
(X) Corporate officer
5. What is the duration of the agreement 4 ears <Ei>
ircle
No.
one)
6. What is the consideration for the agreement (who pays whom
and how much?) City to pay A.C.S. a fee not to exceed $59,500.
7. When and how are the payments to be made (all in advance,
all in arrears, -Rrogress payments- .- etc. ? )
8. Who will approve the agreement for the city initiating
department? Paul E. Cook, Director of Public Works
Name, Title
SEE 2. ABOVE - If 1) is filled in then owner signs; if 2) then
President/vice president ADD Secretary or Treasurer = copy of
authorizing action of board of directors; if 3) or 4) one or more
of the agaeral partners.
9.
Have
the procurement
ordinances and charter provisions
been
complied with?
es No
(circle one)
10.
What
special risk to
the city
is involved in these
agreements? Design
{ )
Food & Beverages
served,
( ) Construction work,
( )
Motor, vehicles used,
( } Maintenance work
11. What is the latest this assignment can be completed by
the City Attorney to meet your deadline? October 28, 1985
(date)
12. Does the other, party desire the city to provide indemnifi-
cation? Yes e (circle one) Why?
13. Has the other party been advised as to the city's require-
ments in regard to worker's compensation, insurance and the
indemnity (hold harmless) agreement? Yes o (circle one)
Have 3= handed the other, party a copy of the current reso-
lution and certificate of insurance blank to be filled in?
Yes No (circle one) .
14. Who is our, contact at the other party to resolve the con-
tractual problems?
Name_- -MaX:k Steinman !____^- • __-._.
Telephone (214) 667-6847
Titl.e__yice President General Manager
15. Have you attached a copy of the "work statement?" CYes/)O
If not, why not?
16. Are any State or Federal funds involved? No
( ) State
( ) Federal.
All requests must be approved by a departme or C y
Administrator,. -�
(approved)
s
City of Huntington Beach
Department of Public Works
P.O. Box 190
Huntington Beach, California 92648
Attention:
Subject: Certification of Compliance with
Title VII of the Civil Rights Act
and Equal Employment Opportunity
Act of 1972
Gentlemen:
The undersigned, contractor on
CC-654 Magnolia Median Improvements
Project No. Title
hereby certifies that all laborers, mechanics, apprentices, trainees,
watchmen and guards employed by him or by any subcontractor perform-
ing work under the contract on the project have been paid wages at
rates not less than those required by the contract provisions, and
that the work performed by each such laborer, mechanic, appre--ice or
trainee conformed to the classifications set forth in the contract or
training program provisions applicable to the wage rate paid.
Signature and Title
Presidant-
DECLARATION OF SATISFACTION OF CLAIMS
I, ACS Inc. , state:
Name of Contractor)
1. I am the general contractor for the City of Huntington
Beach, as to the project more fully described in the
public works contract entitled CC-654
and dated Feb. 10, 1986
2. All workers and persons employed, all firms supplying
materials, and all subcontractors for the
above -mentioned project have been paid in full.
3. The following are either disputed claims, or items in'
connection with Notices to Withhold, which have been
filed under the provisions of the statutes of the State
of California: (if none, state "NONE")
Smith Pipe & Supply
I declare under penalty of perjury that the foregoing is true
and correct.
Executed at Santa Ana, Ca. on this 25th day of
November 19 86
Signature of Contractor