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Artistic Landscape & Engineering, Inc. - 1986-08-06 (2)
CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUN"NOON 2WH To BETTY TATE From WAYNE LEE Deputy City Clerk I Accounting Officer Subject CASH CONTRACTS Date AUGUST 8, 1988 The following contracts have been paid in full, including any retention monies:- CC-700 IAJ Pipeline Construction 4 CC-661 Artistic Landscape CC-656 D & H Perry, Inc. CC-581 L & H Construction MSC-256 Blair Paving, Inc. Please note these payments in your contract file folders. - WAYNE LEE, Accounting Officer WL:skd • • J CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION MUNTINGTOhf ��ACFI To R011i wr J. FRANZ, Chief From ACCOUNTING & RECORDS Administrative Scrviee4 Dewtment Stibiv t 10% Retention Date CC 1 L s-t�- The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five day waiting period has elapsed. Payment of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. n� Dan T. Villella, Director of Finance I Certify that no stop notices are on file on the subject contract at this time. Date: 5 lz g Paul Cook, Director Public Works Department I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: Alicia Wentworth, City Clerk I certify that there are no outstanding in voices on file. f `Warren l all, City Treasurer 1187i CERTIFICATE OF INSURANCE _ Approved as to Form v c1 unlington Beach TO Gall Hutten,City APormy I„x.,\ f?,". r)fl►�.r. & OF HUNTINGTON BEACH, CALINIA • I Iuntin;t+on licaclh, CA 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurarsee as described below have boon rued to the insured by the undettfglled and are in force at this time. If these policies are cancelled or changed in such a manner that will effect this eortifbate, the insurance company agrees to give 330 dens 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 SII3NED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured Artistic Landscape & Engineering, Inc. Addrassof Insured B44-50`DeL-�orn Avenue, South Gate, Calif. 90280 �1 .�. _.. Location of Work or Operations to be performed Concession & Library Parking lot landscape improvements; - CG661 Description of Work of Operations DATIES LIMITS OF LIABILITY NAME OF COMPANY Elkellre Expiration POLICIES IN FORCE POLICY NO. In Thousands logo) IINS.1 GENERAL. LIABILITY v _ 1X1 COMPREHENSIVE FORM BC889B490 i 6/1/86 6/1/87 1,000� .tdilr Industrial Indemn: Each Owuro tee 1 xi PREMISE'S — OPERATIONS 1 x} .EXPLOSION AND COLLAPSE HAZARD ()d UNDERGROUND HAZARD I PRODUCTS COMPLETED OPERATIONS HAZARD {)j CONTRACTUAL INSURANCE Ij BROADFORM PROPERTY DAMAGE 13 INDEPENDENT CONTRACTORS i � PERSONAL INJURY AUTOMOBILE LIABILITY I}} COMPREHENSIVE FORM 14 OWNED BC8898490 6/l/86 5/1/87 ! Opp Ct3l Industrial Tndemnit Each Oomia we ( K HIRED 11 NON -OWNED EXCESS LIABILITY 11 UMBRELLA FORM S 11 OTHER THAN UMBRELLA FORM NIORKFAS' CONDENSATION X and PC974918 10/21/86 10/21/87 Republic Indemnity 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 Clty Council appointed body, and/or elective and appointive officers, servants or amployees of the pity of Huntington Beach, when acting as such ere 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. Oste 8/15/86 AUTHORIZED R i%W%ANCE COMPANY Noma City Add" 300 Oceangate tit o0 :., ,— Tong Beach, Calif. 90801 HOLD HARMLESS AGOEMENT COMPANY 'Ito be oxaosrtaid by Insured) Tito insured ' office", rgants, and employee ,epees to p►otaat, dofand. indemnify, save, and hold hermlass the City of Huntington Bosch its against arty liability, IM, dantoge, 9011t, or oxpan/a by reason of any and all liability, suits, claims. demands. judgments and aeueas of nation asueed by llnurad, his employees, agonb or any suboontnotor or by any third party arising out of or in cons NPw#oa of the PerfonrAm of all or any operations or aadwhy for which this oertifloate of Insurance is furnished. •11) Sole Proprietorship 12) Parami Ip (21 rnion , (4) 0thar4) HOLD HARMLESS SIGNED, By Ierured• Title rQ I All ~loin OWI be printed or typed , l»Ww eeob sieenura.1 By Imorar= ritte .ty :y If Cerpaatlen. TtM� GNleera a>a� eipa, eryaoeaet asleeaaadl.�ce t+iaecorperalian. WHEN RECORDED MAIL TO CI iY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntinvtun Bejc.h. Calif. 9264F 10OON.FORMED COPY Not Compared with Origin4 EXEMPT C7 NOTICE OF COMPLETION CC-661 „✓ 87-199799 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Artistic Landscape__ who was the company thereon for doing the following work to -wit: Construction of !lest Central Park Concession and Central Library Parking Lot Landscape Improvements in the City of Huntington Beach OF ORANGE D IN COUNT IA CA FO'�NIA .1112 pM APR 13'87 COUNT% 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 April 6, 1987 That upon said contract the Hartford Accident and Indemnity Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this STATE OF CALIFORNIA ) County of Orange j ss: City of Huntington Beach j 7th day of April , 1987 City Clerk and ex-o ficio Clerk of the City Council of the City of Huntington Beach, California By: --- Deputy I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officin Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 7th day of April , 1987 . This document is solely for the official business of the Cfty of liunti.noton Bench, as contem- plated under Government Code See, 6103 and should be recorded Prep of cbnrge. Alicia M. Wentworth City Clerk and ex-officin Clerk of the City Council of the City of Hu ington Beach, Califor is By Deputy y � WHEN RECORDED MAIL T0:_� CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Htfntinv_ton Bcaclf. Calif. 92649 87-199799 I ----I EXEMPT CZ NOTICE OF COMPLETION CC-661 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -1112 PM APR 13'87 RECORDER NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Artistic Landscape who was the company thereon for doing the following work to -wit: Construction of West Central Park Concession and Central Library Parking Lot Landscape Improvements in the City of Huntington Beach 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 April 6, 1987 That upon said contract the Hartford Accident and Indemnity Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 7th day of April 1987 . City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California / • Deputy 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 7th day of April, , 1987 . This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 610 and should be recorded l+ree or charge. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Hu ington Beach, Califor is By Deputy REQUE* FOR CITY COUNCIPACTION Data FA arch 11. 1987 Submitted to: Honorable Mayor and City Council Charles W. Thompson, City Administrato 'W.�,f Submitted by: p � Y 41 G'0 Prepared by: Paul E. Cook, Director of Public Works � �CIK 19. Subject: LANDSCAPE IMPROVEMENTS CENTRAL PARK CONCIr.47�1 AND CENTRAL LIBRARY PARKING LOT; CC-661 , Consistent with Council Policy? [ q Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: ' STATEMENT OF ISSUE: Artistic Landscape has completed the construction of landscape Improvements at the Central Park Concession and Central Library Parking Lot. RECOMMENDATION: 1. Accept the completed work and authorize the City Clerk to file the Notice of Completion. 2. Authorize the Chief of Administrative Services to withhold all remaining funds due Artistic Landscape until project Stop Notices are fully released. ANALYSIS - On August 6, 1986, the City Council awarded a contract to Artistic Landscape for the construction of landscape Improvements at the Central Park Concession and Central Library Parking Lot. These improvements are now complete and, therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following Is a summary of actual contract costs: Construction Contract: Construction Contingencies: Total Council Approved $79,71 1.00 7,968.00 $87,679.00 Actual Expenditures $79,71 1.00 — 50.00 * $79,661.00 *Major construction change orders included: construction of a retaining wall along edge of patio bank facing lake and the deletion of providing and planting eighteen trees at the Central Library Parking Lot site. Two Stop Notice, totaling $13,695.00, have been filed against Artistic Landscape. Neither Stop Notice has been resolved; therefore, the remaining monies due the contractor cannot be released. Staff recommends that the remaining $10,145.45 due the contractor be withheld by the Chief of Administrative Services until both Stop Notices are fully released. �v .015 P10 5/85 RCA — Landscape Improvements Central Park Concession & Central Library Parking Lot; CC-661 March II, 1987 Page 2 FUNDING SOURCE: Revenues were budgeted in fiscal accounts 391659 (Equipment/General—$17,500) and 790766 (Central Park improvements — $70,179.00). ALTERNATIVE ACTION: N/A ATTACHMENTS: None CWT:PEC:DRN:dw I196g • CITY OF HUNTINGTON BEACH REaUEST FOR LEGAL SERVICES C: White City Attorney Canary City Clerk rink City Administrator Goldenrod Departmental Date RDonANdoble, Department Feb 2, 1987 Ext. 5441 Public Wbrks INSTRUCTIONS: File request In the City Attorney's Office as soon as possible. Print or type facts necessary for City Attorney. Out- line briefly reasons for the request. Attach all information and exhibits pertinent to the subject. Type of Legal Service Requested: [ ] Ordinance [ ] Insurance (A Other Stu p Mntj r e [ 1 Resolution [ ] Bonds [ 1 Contract/Agreement [ 1 Opinion All exhibits must be attached, or this request will be returned to you. ()0 Exhibits Attached Original & Revised "Stop Notices" fran FeCit Strata re: OC-661 Bill: is the attached "Revised" Stop Notice accruable as to form? Thanks oc: Warren Hail Wayne Lee Alicia Wentworth Jerry Michalla CC File 661 "Gen. Ccrresp" If for Council Action, If not for Council action, desired completion don Si"ure: Aaertda deadRea &...= Councils -N-P I NO 12/M APPROVED AS TO FORM OAIL JWTTOli, City Attorney Der;. Deputy City Attorney / 2/rtor66 STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF 1 Y E D L7BPT. OP PUOylC Vl/CF�KS`(� FUNDS u 4 1986� kiu�l'rt"°rv+p� p� fir, TO; City of Huntkngton Beach (Name of owner, construction lender o' public office:) P,0. _Box 120 Huntington Beach, Cal. 92648 —,HOLDER OF FUNDS: (Address of owner or cons)%%ion fender) �s YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, ` 20614 S. Alburtis Lakewood Cal.. 90715 Inane and address) Ms furnished or has agreed to furnish 10bi2r. raprvice.1, (labor, services, equipment, materials) of the following kind tor , (general description of labor, services, equipment or materials) to or for— - Artistic Landseatie _, for the work improvement, located at, or known as: (name of person to or for whom furnished) stand- - - , . !address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 2 , 170 - — — The amount in value of that already done or furnished by claimant is b— r .120--- Claimant has been paid the sum of E_1-550 , and there remains due and unpaid the sum of i 620, plus interest thereon at the rate of - 2 - per cent per annum from _ 11-1 , 1986.— YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. /- Dated: December 2nd. 1986 1:f , ZL CGS' •�. DRIVER'S LIC. art B2021151 CA. SE L. ►tame of claimant MALDONADO STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. Address of Claimant being duty sworn, deposes and says: That --he is the personls) who signed the foregoing Stop Notice; that —he has read the same and knows the contents thereof +_.—e Aiura;n ho ctatwl-an-h- �i {nm-fi n a4d belief and STATE OF CALIFORNIA COUNTY of LOS ANGELES On December 2nd . 1186 before me, the undersigned, a Notary Public in and for said State, personalty appeared MR. J S E L . MALDONADO - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- `--'---'--''--"" personally known to me or proved to me on the basis of satisfactory cvidcnce to be the person_._, whose name he scribed to the ---� OFFfCIAL SEAL within instrument and acknow)er at Yle ex¢ ,t- ALuXANt,"cR 1. ALBA cured the same. WITNESS my hand and NOTh9Y PubmC • CALIFORNIA PR NOWAL OFFICE IN .5 LOS ANGELES COUNTY My Commission Exp Apr, 3. I98V7 Signature RY PUBLIC ittk fin to art blaab, for Your V"pw& r H HUAMNCTON BEACH 41 0 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION To Distribution List Below Subject "Stop Notice" Artistic Landscape; CC-661 From Don Noble l7 Date January 29, 1987 Attached for- your file is a copy of a "Stop Notice" filed against Artistic Landscape by Fecit Strata Construction Company. Although the "Stop Notice" has not been approved by the Attorney's as to form, Bill Amsbary has instructed us to: (1) withhold the funds and- (2) request a new notice with the appropriate party addressed (contractor requested to send new notice,on 1-29--87). Please take the appropriate action to withhold these fund. DN:dw Dist. List: Warren Hall Wayne Lee Alicia Wentworth cc: Bill Amsbary Jerry Michalla CC File 661 "General Corresp." = x -- •- ,,.. - -- ., _ - .. -:a:_ -_, - . _.- -,_ _ - - - — — ....._ .�-=� - - .. - _- .-xis' - :� -AACITY OF HUNTINGTON-49ACH City Attorn REQUEST FO%t-MAvSEkftES a�:ry City Clerk ty pink City Adminittrater HunYinG7on BEACH41 k11d k' �c N Goldenrod pewm rteatal Date Requaet Wade By JAN L, Department January 26, 1987 1 Dan Noble, Ext. 5441 Public Works INSTRUCTIONS: File request in the City Attorney's Office as soon as possible. Print or type facts necessary for City Attorney. Out- line briefly reasons for the request. Attach all information and exhibits pertinent to the subject. Type of Legal Service Requested: , [ ] Ordinance [ ] Insurance [K] Other R}m lqnf-i oe [ ] Resolution [ ] Bonds [ l Contract/Agreement [ 1 Opinion All exhibits must be attached, or this request will be returned to you. ]X] Exhibits Attached Fecit Strata "Stop Notice" Is the attached "stop Notice" acceptable as to farm? OC: 661 "Gen. Corresp." f .14 r r � �.- f If for Council Action, If not for Council action, desired of n deft AvwWa deadline Council meeting NO IWO - FECIT STRATA CONSTRUCTION 10727 LELAND AVENUE, WHITTIER, CALIFORNIA 90605 (313) 946-7751 CALIF. LIC. 0435433 MESSAGE I REPLY TO - DATE CITY OF HUNT!NFTON BEACH A-T-• , —DahlDATE 2000 Main St,, Ci+v of Nun+inq*on Beach, Calif 92648 . - - Reference: West central Park Concession Project No. 661 -ARTISTIC LANDSCAPE Dear Mr. Noble: Enclosed, please find a for --he above -mentioned Stop Notice project. Thanks r Owne BY SIGNED TO: . FORM 107 • (� STOP Nana LEGAL MdTld TO MHOLD CONSTRUMON FUNDS {Public or Private Work) r• �` {ram of owner, bNc 9wk*u5LwK fund harder) If dinstted to ■ bank a aninge a�gl- n atm., tw addrese of a (city. dab and rip) TAKE NOTICE THAT IIf 9748 holding fund) P201ECTMEST CENTRAL PASK CONCESS ION (Name) AND LIBRARY PARKING LOT LANDSCAPE PROJECT No. 661 (Add1ei) FECIT STRATA CONSTRUCTION COMPANY (city. sate And zip) (Hems of the parson or firm claiming the atop Douce. Licensed eootractora must use the name under which contractor's license is issrredj whose address is 1077.7 Leland Ave.. Whitfler. Calif (Addms of person or firm claiming atop notice) has performed labor and furnished materials for a work of improvement described as follows: —F—i ne grade arm pave, i instal I redwood headers, sawcu+, removals, PCC, rough and fine grade the sub -grade of the ' (Herat end location of the project where work or materials rare furnishod) The labor and materials furnished by claimant are of the following general kind: marl t n� Pa.. i my anei Concr--eta- wark (General description of work and materials furnished) The labor and materials were furnished to or for the following party: John Sarno. ART 1 ST I C LANDSCAPE AND ENG INC. (Home of par" who ordered the work or materials) The value of the whole amount of tabor and materials agreed to be furnished is ; 27.475.00 _ (Total at everything claimant agreed or contracted to furnish) The value of the labor and materials furnished to date is $27 , 475 , 00** ** _ Claimant has been paid (Total atua of are"Ing actusllr furnlshad by ctalment) the sum of $ 14 4n0_. 00 and there is due, owing, and unpaid the sum of $13 , 075.00 together (Taal amount whicrl has been paid to claimant) (Balance due to claimant on the project) with interest at the rate of - 7% %per annum from January- -18 , 7 (Intw as spodned in contract. If none, legal rate is 7%) (Date when unpaid be lanes bocems due) You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. J fIRM NAME: F_EC IT STRATA CONSTRU T ION COMPANY .•fHaraa of sap notice clainnet—, IflaraFtipnss for dealls) i / " Mar--i =e Saemard- _ OWnet: �P (Owner or agent of sap Douce claimant roust sign (were and writ' below) VERIFICATION I, the undersigned, say: I am the Owner the claimant of the foregoing ("President of". "Manager of". "A v.rus•► at". .,owner of." ate.) Stop Notice; I have read said Stop Notice and know the contents thereof; the game is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. I i Executed on ,._,..Jnn119-rV 19--,7at Wh i tt i pr - -'-'_' , California. (Dda true docomen t was signed) mr of eta ,where step Datl jetiso) rpdora er fate In i g inaf-whe- Ifbe aoatmb of -nap Reties we SERE ' RH FIX COMPLETE INSTfjllj)CTIONS FORAM 107 0 19?0 by IltlftD N 1111 .1116, 2M owrland Ave., tes Avolas, California - a13)17Mn Timefor Filing: The period for filing stodNFORMATION ces is the same as the period for recording mechanics' liens. This means that the stop notice must be filed within 90 days alter the completion of the entire work of improvement, unless the owner records a notice of completion. In that case, the stop notice must he filed within 30 days after record- ing of the notice of completion. Effect of Stop Notice: The owner or fund holder must withhold suf- ficient money to satisfy the stop notice claim. Where to File: If the stop notice is on a public job, it should be filed with the controller, auditor, or any public disbursing officer whose duty it is to make payments an the project, or with the body by whom the overall contract was awarded. In the case of a California State con- tract by or through the Department of Public Works, the notice must be filed with the Director of Public Works. In the case of other state work, it must be filed with the head of the State department, board, commission, or officer who awarded the contract. In the case of private work, the stop notice may be filed either with the owner of the project or with the construction tender, joint control, or escrow holder holding construction funds. ABOUT STOP NOTICES' . Mailing: The stop neshould be served by registered or certified mail., Stop Notice Bond: A bond is required when the stop notice is -served on a construction lender or escrow or joint control holding construction funds. When the notice is served on the owner or on a public body, no bond is required. Suit Must be Filed: A stop notice expires unless suit is properly filed. Suit may not be filed before the expiration of the mechanic's lien period, nor more than 90 days thereafter. This means that if a notice of completion was recorded, suit must be filed between the 30th and 120th day thereafter: if no notice of completion was recorded, suit must be filed between the 90th and 180th day after the completion of the work if improvement. Additional Requirements: Under special circumstances, there are sev- eral additional technical rules about the time within which stop notices and stop notice suits must be filed. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signature: If the claimant of the stop notice is a corporation, an officer or managing employee should sign. If the claimant is a partnership, a partner or managing employee should sign. If the firm- is a sole proprietorship, whether or not doing business under a fictitious name, the owner of the business or a managing employee should sign. See example: CORPORATION Firm Name JOHNSON ELECTRICAL CO, INC. By PARTN(:RSHIP JOHNSON ELECTRICAL CO. Firm Name —_ By _ SOLE PROPRIETORSHIP (Fictitious Kama) SPEEDY ELECTRICAL CO. Firm Name�1— By SOLE PROPRIETORSHIP (Own Name) SID JOHNSON ELECTRIC CO. Firm Name — _ — //1 Verification: This is a declaration under pen4ty of perjury. It it is signed in the State of California, it does not have to be notarized. However, to be valid, the verification must contain the date, the city where signed, and the signature. See above for example; a�� w I r� •. i +� r 1 .� °. — a I I .: � :: �; � i� rah+�:� � � '�� • t :r-1 t is r O I �l fit I �I �� I I�� �� :1■ a >! � g'�, I.1 jl;. � L i I• ~'I 1 .will ( t.� �� � O ,� � n'• � _ •Y a � i MY. # 101 4,' O ell + I Al Pali i '+,li se x I � � ..� ! a e• ! # i ,� CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Distribution Below l � From Don Nobleg� Subject STOP NOTICE AGAINST Date December 10, 1986 ARTISTIC LANDSCAPE; CC-661 Attached are copies of a 20 day Preliminary Notice and Stop Notice filed against Artistic Landscape for non --payment of labor associated with the completion of Cash Contract 661. Funds of $775 (125% the Stop Notice amount) are to be withheld until the City receives a full release or a bond against the Stop Notice. DN:dw Dist. List licia Wentworth, City Cler Wayne Lee, Accounting Officer CC-661 "Payments" 0 W ,A N E R ..c 0 P -.Y I CALIFORNJ& PRELIMINARY 2.0-D,&Y �.PTINOTICE',fit.. (PUBLIC AND PRIVATE WORIq IN ACGOWCE WITH 6EGTION 3007 AND?!111�9A1_11FORNIA CI DE -YTARE HERE Y NOTIFIED THA T.. "' CONSTRUCTION LENDER or Reputed CoAs'tr'u"clionLO'nd;O'r',':If aiir;4''i':� of iv Jr 1 Us furnished or will furnish labor, sarAces, equilftent of Materials of J 'Wu P it The following Yal to cription- for the buill7dinsirugre or other -work of Improvement located at: A'- J; ?Z` a 4244mcn. Gdkoqo (ad&M al'U00M.1 p.F n FWA EFIDUE 10fr PUBLICWORK -cc The name of the person or firm who conlratted for the purchase at such iat►or, services,'equfpment or inaterlais: DEC-04 1986'; NOTICE TO PROPERTY OWNER it AL- ti bills on rA paw is fug for the ma, somms, equipmrd, or raderfals I -mashed of to be famished, a mobale's. Ron leading to the less. throtigh court foreclosure pmasiftogo, of oll or part of your prop - OWNER 17, or _--;,-mPUBLIC AGENCY orly being so Improved may be PWM 1921nall ft property mn though or Reputed Owner ..-(On public work) you have paid your contrBiftr In full. YOU My With to PFOkId YONIF10 (on private work): o9slost this comquence by J11) aquirlog your coutrider to furnish a 'olgoed'rslooss by the person or firm ghring'you-this notice bola" atiking.pilynisol to Vota omMdwjw'(4),g01,oiIw method or dowla irhlaihis 'ippropirlstj undoIf ihumstancis -The person or firm giving.1his notice Is required, pursuant to a collec- INN bargaining agreement, to pay supplemental fringe benefits into an express trust fund (described 16 Civil Code #3111)_ said fund is Wen - filled as follows:`(striko-it q- �Itkj i-4 PU 4 W (0 rLJ a HERE -!Mi i,: QO� Z,,., :. y.!. : z to ORIGINAL CONTRACTOR -sir J_Maite his dale: Reputed Contractor' n estimate of the tota price of the la6f,.1ft1yic1p_' .,!quipment or U18flais furnished or to be furnished is: DECLARATION OF SERVICE OF CALIFO'RNIAPk[Llm"INARi,20-DAY NOTICE In rdance With; 097.1 (c) ahf:1131)98. Ca lfornia.Civil-Code :L% IN f. ALI declare. • on• tm pc-- day of I Declarant CALIFORNIA PRELIMINARY 20-DAY; NOTiG onothe interested parties as follows: (Check applicable box.) r. 0 By Placing a true copy thereof enclosed in a sealed envelope With firsi-class shared orcertified postage prepaid In the United States . nw at addressed as follows: 0 By delivering a true copy thereof to the parties listed below: Zrt, 0 By leaving a true Copy thereof at the address of place of business.with Some person In charge, of the parties whose names and addresses dellvered'are listed below:, (not to be used on public works), j ;WZ ;J am under pena ly of perjury that the fore Ding Is !uo and correct'..'Executed on. aj, �2 jil_'t' 1:L J,; IJ,4' 6!J1 -wOLCOMFORM 15100(WA*UPkWJLftV. '-Nib (PLE&% KTE REVERSE SIDE) u spI C , �[ r ,s mn DSCHi ._ .. L 8445 DEARBORN AVENUE SOUTH GATE, CALIFORNIA 90280 • PHONE: (213) 669.4706 September 12, 1986 City of Hunington Beach 2000 Main Street Hunington Beach, California 92648 Dear Alicia Wentworth; Enclosed is a warranty bond guaranteeing the final amount of work and materials for one year. Please do not hesitate to call if this does not meet to your standards. Sincerely, Pamela Sue Medina Office Manager PSM/jk ^ir.. =,4Y=a ham.+.-:J.-+iS-;" ��ye:?`'+a.4;.ii+ �+S:t•n +d- is a }i:L �r�. .:ram - .t'..M _ .. t _ s�13; "� _ ..�',- „� '�� •�'_,��,,��"x> j•r . i��qa-",f,�cYg.nrk �„�. �H:, r �`5�-/e.�Y -{F •T-- �., x v',5� x�v,1 x•,,�;. t-. •C..'Y''r �•/ S� •. '1'_ 'Y'y s �F�+`. • 5069050 ' . ' GENERAL FORM - Hood No- -- .........._._....r..-..:- . No add'l. premium' THE HART_F0RD_. -??R�'��1y T v X d 4 • HARTFORD ACCIDENT AND INDEMNITY COMPANY Hartford Plaza Hartford, Connecticut 06113 KNOW ALL MEN BY THESE PRESENTS. That we, Artistic Landscape & Engineering, Inc. hereinafter called Principal), as Principal, and HARTFORD ACCIDENT AND INDEMNITY COM- PANY, a corporation organized and doing business under and by virtue of the laws of the State of Con- necticut, 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 (hereinafter called Surety) as Surety. are held and firmly bound unto City ' of Huntington (hereinafter called Obligee) in the just and full sum of Seventy Nine Thousand Seven Hundred Eleven and No/100---- Dollars ($ 79, 711.00 ) 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. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT, WHEREAS, Said Principal is required to guarantee maintenance of Public improvements within o e tral P rk concession area & central to ensure that work done and matey a s furnished are not detective library for a one year period from the date of final acceptance of the parking lot improvements. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above Principal shall indemnify and safe harmless the city of Hu against loss to which the CJtX of Huntington ma be subject by reason of said Principal's failure to maintain public improvements relating to the above described bond, then this obligation shall be null and void, otherwise to 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 llth Berm 9.3785.0 Printed In U. S A. 5267 day of September , A. D. 1986 E�aC.tiatdc..lndscape..&..F+ngilaaer3mg...Iuc................. [Seal] -•...................................................................................................isa] HAR O D ACCI NT ND INDEMNITY COMPANY BY-- . .............. ......... ........................... K Y.�A..� Q11s.. ,lzXftxJR�yL' :. iti............................................ State of California ss. Countyof ...................................... On this .....4. 1. .......... day of ...S P..tember.--1g.„..86..before me. the undersigned Notary Public. in and for the State, personally appeared ........Kevin..Leaspn.................................a person known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney -in -Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this ..... 1.1th.... Commission Expires ................................................. Form S-3663-1 Pnnled Ln U S A .......da of ...S!~P.Cf.°3ber ..A.D. 19.......86.... :. ..._. ..6. . . . .. ........ ......................................... ... I....................... Notary Public HARTF07WCCIDENT AND INDEMNIT-_MPANY Hanford. Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY COM- PANY, a Corporation duly organized under the laws of the State of Connecticut. and having its principal office in the City of Hartford. County of Hartford. State of Connecticut. does hereby make, constitute and appoint JOHN X. KOPP, KEVIN LEASON, IRENE G. MORALES, PATRICIA ZENIZO, and LINDA S. MASON of LOS ANGELES, CALIFORNIA its true and lawful Attorneyis)-in-Fact. with full power and authority to each of said Attorney(s)-in-Fact. in their separate capacity if more than one is named above. to sign. execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and eLCjacuting or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By -Laws adopted by the Stockholders of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 10th day of February, 1943. ARTICLE IV SECTION 8. The President or any Vice -President. acting with any Secretary or Assistant Secretary, shall have powe, and authorty to appoint. for purposes only of executng aria attesting bonds and undertakings and other writings obligatory in the nature thereof. one or more Resioent vice - Presidents. Resiaent Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice•Pres.cent. Resident Assistant Secretary, or Attorney- n-Fact. and revoke the power and authardy given to n.m. SECTION 11. Anornevs-in-Fact shall nave power and autnonty, subject to the terms and limitations of me power of attorney issued to them. *.a execute and be- ver on bepall of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and orher wrinngS obligatory in the nature thereof. and any sucn instrument executed by any such Attorney -in -Fact shall be aszino.ng upon the Company as if signea by an Exac-t ve OH.cer and sealed anc attested by one other of such Officers. (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY duly called and held on the 11th day of June. 1976: RESOLVED- Robert N. H. Saner Assistant Vice -President and Thomas F Delaney. Assistant Vice -President• shall each have as long as he holds sucq office the same power as any Vice -President under Sections 6,7 and 8 of Article IV of the By -Laws of the Company. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 6th day of August, 1976. RESOLVED. That. whereas Robert N. H. Saner_ Assistant Vice-Pre$,cent and ThomaS•F. Delaney, Assistant viCe-President• acting with any Secretary or Assistant Secretary. eaet, have the power and allthorily. as Tong as he holds such office. to appoint by a power of attorney, for purposes or-v of axeWirg anc attesi,ng bonds and undertakings aria other writings oottgatory in the nature thereof, one or more Resident Vice-PresidentS. ASSisran: Secretaries and Attorneys -in -Fact: Now, therefore• the signatures of Such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto Dy !acsimlle. and any such Dower of attorney or cernficate bearing Siren facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Dower so executed and certified by facsimile signatures and facsimile seal snail be valid and binding upon the Company in the future with reSDOC' !b ary bend Or undertaking to which it is attached. In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents to be signed by dS Assistant Vice -President, and its corporate sea! to be hereto affixed, du!y attcctcd by its Secretary, this 1 sit day of April, 1983. Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY Mary SChar! Sa[rarary STATE OF CONNECTICUT, Robert N. H. Saner COUNTY OF HARTFORD, SS- Assistani Vice -President i On this 1st day of April, A.D. 1983. before me personally came Robert N. H. Sener, to me known, who being by me duly Sworn, did depose and say: that he resides in the County of Hartford. State of Connecticut; that he is the Assistant Vice - President of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of 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. „,,,o rt_„ 1 STATE OF CONNECTICUT. G.oria Mazotas. 1volaty Puokc ss. ' " My Commiss-on Exp-res Marc" 31,'988 COUNTY OF HARTFORD. CERTIFICATE 1. the undersigned, Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY. a Connecticut Corporation, DO HEREBY CERTIFY that the foreggoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore, that Article IV. Sections 8 and 11. of the By -Laws of the Company. and the Resolutions of the Board of Directors, set forth :n the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the 11th day of September 19 86 David A . Johnson Form S-3507.16 Printed in U -S.A - /� ASv.1 At Socretary CITY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ARTISTIC LANDSCAPE FOR CENTRAL PARK AND LIBRARY IMPROVEMENTS THIS AGREEMENT is made and entered into on this 3119, 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 ARTISTIC LANDSCAPE, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as ' the West Central Park Concession and Central Library Parking Lot Landscape improvements, in the City of Huntington Beach, 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. 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 1. description connected with the work, including, but not limited 4 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. 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. 2. i i "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 1985 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; 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 3. 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 of seventy-nine thousand, seven hundred eleven dollars ($79,711), as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 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 twenty (120) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, 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. 4. 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. 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. 5. I-] 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 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 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. 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 7. • 0 working/calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of two hundred and fifty dollars ($25Q) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to 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 91 0 the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not 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 . 9. (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 provi- sions of this Section. The DPW may, at its sole discretion, 10. • • 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, 11. 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. 12. 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 liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. 13. • • CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One -hundred Thousand Dollars ($100,000), 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 18 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. 20. INSURANCE 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, under- written by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, 14. 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 ($1,000,0000) combined single limit coverage. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 15. 21. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such 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 PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 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: 16. 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. 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 (�100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 17. 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 [jade, at the place of business of such party, or to any other place designated in writing by such party. 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 OF RAGE NOT USED) la, 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: CITY OF HUNTINGTON BEACH ARTISTIC LANDSCAPE 12 4 6 � d& &!:fj nnis ri ge, pfesident ATTEST: ity er REVIEWED AND APPROVED: ity Admi strator 0557L Mayor APPROVED AS TO FORM: J, y,� i y Attorney INITIATED AND APPROVED:fJL Director of -Public Works 19. �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK r September 3, 1986 Artistic Landscape & Engineering, Inc. 8445 Dearborn Avenue South Sate, CA 90280 RE: West Central Paris Concession Landscape Improvements and Central Library Parking Lot Landscaping, Project CC-661 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 foirowi6g 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 Don Noble, Contract Administrator, 536-5441. i Alicia M. Wentworth City Clerk AMW:bt CC: Don Noble, Public Works Dept. Enclosures: Bid Bond Cash Contract Certificate of Compliance I Telephone: 714-53&5227 ) Attest: - Principal CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK September 3, 1986 Hacienda Landscape, Inc. 2005 Desire Avenue Rowland Heights, CA 91748 CALIFORNIA 92648 We are returning your bid bond which was submitted with your proposal for the West Central Park Concession Landscape Improve- ments and Central Library Parking Lot Landscaping, Project CC-661, in the City of HuntirM ton Beach. The contract for this job was awarded to Artistic Landscape and Engineering, Inc., of South Gate. 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: 714-838.62Z7 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 3, 1986 Wakeham-Baker, Inc. 11225 Slater Avenue - Fountain Valley, CA 92708 We are returning your bid bond which was submitted with your proposal for the West'Central Park Concession Landscape Improve- ments and Central Library Parking Lot Landscaping, Project CC-661, in the City of Huntington Beach. The contract for this job was awarded to Artistic Landscape and Engineering, Inc., of South Gate. 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: 714-536.5227 ) • • BOND No....5069050... Frem: .$1148.00 4. Performance Bond (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE 2. IN FAVOR OF THE AOWNER ND MATERIAL.) NZONED FOR THE PAYMENT OF LABOR THE HARTFORD IL Know All Men By These Presents: That..... Inc.?............................................................................................ (Here insert the name and address, or legal tale. of trio Contractor) as Principal, hereinafter called Contractor, and +dextt~..��id..T,ttd=mi,ty...QglPUY.............. a corporation organized and existing under the laws of the State'of.... ClanzteetZcut......................................... . with its principal office in the City of.....Har:tford.............................................................. . as Surety, hereinafter called Surety, are held and firmly bound unto... City..of..Huntington................................................................................ ........................................................................... (Here insert the name and address. or legal title, of the Owner) as Obligee, hereinafter called Owner, in the amount of..S.eventy...Nim..Thousand..Seven..Huxxdred.................. ],�u ..ans�..?aL1QQ.-....-....-.........---....---....................................... ............ .-Dollars ($. ... 7.9,Z.a.L.RQ.............. ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas, Contractor has by written agreement dated....Auguat..21.,...1986......................................................... entered into a contract with Owner for ... izonststuc,t..a2l...impr..avementa..for...W_..Cemtral..Park ................... CRrtlwl�sei.an .,area..& ... Gentra.l..library..Far.king..lot..area .............................................................................. in accordance with drawings and specifications prepared by....................................................................................... (Here insert full name, title and address) ...................... . .... ..................................................................................................................................................... which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. Now, Therefore, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be. and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner. and make available as Work progresses (even though there should be a default or a success- ion of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding. including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 21st day of August A. D. 1986 Witness (If IndivioualiPartnership) Attest (If Corporation) Attest PRINCIPAL I (Corporate Seal) & EngineerinR. Ind. Ty ed Name and Title � Ly NIS .ALDRIDGE--PRESIDENT SURETY (Corporate Seal) rt ignE Name Form S•3213-5 Page 1. Primed .n U.S.A. (A I.A. Form — Document No. A-311. Febn.ary. 1970 Edition Approved by The American Institute of Architects) LJ BOND No. 5069QS0,,,,,, iPrem. included in Perf. Bond Labor And Material Payment Bond (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE 1, IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: That.Artis.tic..Landscap,e..&..Lmginee ring,..Inc................................................ (Here insert the name and address. or legal title, of the Contractor) as Principal, hereinafter called Principal, and the ... Hai: tfard.,Arc.ident..and..Indemni,ty...Company ............ a corporation organized and existing under the laws of the State of .... ,Connecticut ......................................... . with its principal office in the City of: ..... Hartford ............................................................ . as Surety, hereinafter called Surety, are held and firmly bound unto ... ..0 .ty...of..Runt;ingtoa............................................................................. .......................................................................... (Here insert the name and address, or legal title. of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ..... Seventy..Nine...Thousand.,S even..Huadred..Eleven..and..Ra/.140=7:......................................................... (Here insert a sum equal to at !east one-half of the contract price) .....---------------.....-....................--....--...................................... ----.--.--Dollars ($... 7.9.,.711.00.............. ), for the payment whereof Principal, and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas, Principal has by written agreement dated .... Auzuwr... Z4.19.06........................................................ entered into a contract with Owner for. C.QX%atxucQt -.411.ImRr vementa..for,.W,,.Xant"rai..Park...................... .w.ncasai cln.. area.. &.. Cent:rial ..Library... parking. lot......................................................................................... in accordance with drawings and specifications prepared by....................................................................................... ....................................................................................................................,......................................................., (Here nsert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. Now, therefore, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the perfor- mance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub -contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claim- ant as herein defined. who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the transaction of business. or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. 5it After the expiration of one (1) year following the date on which Principal ceased work on said CONTRACT, being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof. such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 21st day of August A. D. 19 86 PRINCIPAL (Corporate Seal) Witness (If Individual Partnership) IName Attest (it Corporation) ISignatufe Attest ITypea Naf6e and Title DENNIS M. ALDRTDC'R -- SURETY Name Hartford Acrjelpnt and Sign atut�� By: 70A� Z� Patricia Zenizo t% Attorney -in -fact Form S-3213.5 Page 2 Printed in U.S.A. (A.I.A. Form — Document No. A-31 t. February. 1970 Edition. Approvea oy The American Institute of Arcndects) A 1 D LABOR -AND MATERIAL PAY I I� ` 1' BO \- U �E30\ U NO. ti S C. On Behalf of .................... .. ..... ................ .. .... Principal • I n Favor of 71 .... .......... ................... .................... .. .... ....... ............. Obligee amount Performance Bored, S..................................... Anrount Payment Bond, S .................... . DateIssued.................................................................. Form S-3213-5 State of California SS. countyof ...................................... On this ........ UP1 s ........ day of.....A09U..5.t........ ..19-86...... before me, the undersigned Notary Public. in and for the State, personally appeared ......... P.A.t>;A.ciaL.2emiZo........................a person known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney -in -Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this ...... 2.4i.0........... day of ..Augels_C.. .... ... A.D. 19...8.6... Commission Expires ................................................... V ...... _Notary Puol,c ................. L/ OFFR4AL SZALs+ LINDA S. MASON WTAW PUBUC • CAUFG W,? PRt CKU c ttt t LOS AMBELES COUNW t1yCgnmism EV.. 10 4, 19D k: i �4•c+Y Form 6-3663-1 Printed in U S.A State of California O 0 SS. Countyof ...................................... On this ...... 9 t......__.day of .... A11guSt.... ...... 19.... 6...before me. the undersigned Notary Public, in and for the State. personally appeared .......Pail isia—ZPnizo........................a person known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney -in -Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this ...... 21.&t............ day of ....At3g11.St....... �A,D. 1...�i........ Commission Expires .................................................. ......................... �98 FAU i LMA S. pRplcm OFM N. Los A}ILfd O CJMWV . �! A9ptIM . Form 5.3663.1 Printed n t1.S A l • r HARTFORD ACCIDENT AND INDEMNITY COMPANY Hartford. Connecticut POWER OF ATTORNEY , Know all men by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY COM- PANY, a corporation duly orgar.lzea under the laws of the State of Connecticut. and having its principal office In the City of Hartford. County of Hartford. State of Connecticut, does hereby make. constitute and appoint JOHN.M. KOPP, KEVIN LEASON, IRENE G. MORALES, PATRICIA ZENIZO, and LINDA S. MASON of LOS ANGELES, CALIFORNIA its true and lawful Attorney(s)-m-Fact. with full power and authority to each of said Attorneys) -in -Fact. in their separate capacity it more than one is named above, to sign; execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof On behalf of the'company in its business of guaranteeing the fidelity of persons holding places of public or. private trust: guaranteeing the performance of contracts other than insurance policies: guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and eggcu_ ti rigor guaranteeing bonds ana undertakings required or permitted in all actions or proceedings or bylaw allow -ad, r�r and 10 bind the HARTFORD ACCIDENT AND INDEMi COMPANY thereby as fully and to the same extent as if sucn . bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD ACCIDENT AND INDEMNt7Y COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance nereof. This power of attorney is granted by and under authority of the folfowing provisions: (1) By -Laws adopted by the Stockholders of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 14th clay of February, 1943. ARTICLE IV SECTION S. The President or any Vice -President. acting with any Secretary or Assistant Secretary. shall have power and aupgnty to appoint, for ppuurrposes oruy of executing and atresuRg bonds and undertakings and other writings obligatory in me nature thereof. one or more Resident Vice- residents- Resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such Re610ent Vice -President. Resident Assistant Secretary. or Arornay-m-Fact. and revoke the power and authority given to him. - - SECTION 11. AtIorneys-m-Fact shall have power and authority, subject to the terms and kmltatldfl6 01 the power of attorney issued to them. to skecute and aeliver on behalf *t the Company and to attach the seat of the Company thereto any and all bonds and undertakings. and other writings by Obligatory in the nature thereof• and any such instrument executed any such Atorney-in-Fact snail be as binding upon the Company a$ if Signed by an - - Executive Officer and sealed and attested by one other of such Officers. - - (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY duty called and held on the 11th day of June, 1976: RESOLVED- Robert N. H. Senor, Assistant Vica-President and Thomas F. Delaney, Assistant Vice -President, shall each have as long as he holds - • such office the same power as any Vice -President under Sections 6. 7 and a of Article fV of the ayLews Of the Company. ' This power of attorney -is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 6th day of August, 1976. , • RESOLVED. That. whereas Robert N. H. Senor, Assistant Vice -President and Thomas F. Delaney. Assistant Vice -President. acting with any Secretaryor Assistant Secretary. each nave the power and authority. as long as he holds such Olhce, to appoml by a power Of attorney. for purposes only Of executing and aresting bonds and undertakings and other wnt:ngs obligatory in the nature thereof, one or more Resident Vkce•Pra6idante. Assistant - Secretaries and Attorneys-m-Fact: ' Now. therefore, the signatures of such Officers and the steal of the Company maybe affixed 10 any such power at attorney Or to any certificate relating - - thereto by facsimile, and any such power of attom" or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company end any such power so executed and corufied by facsimile signatures and lacsimue seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it i6 attached. In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has.caused these presents to be signed by its Assistant Vice -President, and its corporate seal to be hereto affixed. duly attested by its Secretary, this 1st day of April. 1983. Attest:. HARTFORD ACCIDENT AND INDEMNITY COMPANY au All M Schap, SacrN W art' STATE OF CONNECTICU7. r �z - Robert N. H. Senor _ s3. - - Assuten! vice-P esrtlsnr � -COUNTY OF HARTFORD, 1 On this 1st day. of April, A.D. 1983, before me personally came Robert N. H. Saner, to me known, who being by me duly sworn, did depose and Shy: that he resides in the County of Hartford. State of Connecticut; that he is the Assistant Vice - 'President of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, the corporation described in and which execlited the above instrument; that he knows the seal of 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 tie signed his name thereto by like Order. A� STATE OF CONNECTICUT. ii • ` Gloria Mazotas. Notary PuoAc se. My Commission Expires March 31. 79aa COUNTY OF HARTFORD. 1 CERTIFICATE I I, the undersigned, Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut Corporation. 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore, that Article IV, Sections 8 and 11, of the By -Laws of the Company, and the Resolutions of trio Board of Directors, set forth in the Power of Attorney, are now in force. Signed and seated at the City of Hartford. Dated the 21st day of August 1986 Form a-3507.10 Printed in U-S.A. `b r - Dawd A. Johnson `'®/• Rsa�atant Seeratery 010 PROPOSAL FROM Wakeham—Baker, Inc. Fnrpls Nw To the Honorable Mayor and City Council, City of Humtlnptoo Beach, Colifonno: In complionce with the notice inviting sealed proposals for the West Central Park Concession Landscape Improvements and Central Library Parking Lot Landscaping; CC-661 I hereby propose and agree to enter into a conrtrect to perform the work herein described and to furnish the materials therefore according to the plans, spedfiostions and special provisions for the said work and to the otielac on of and under the supervision of the Director of Public Works of Said City of Huntington BonkCalifornio. The undarapned has not accepted any bid from any subcontroctim or materialmon through any bid depository, the by-laws, rules or regulation of which prohibit or pnmwt the contractor from can-* wing any bid from any subcontractor or mntoialman which is not prooaseed through Said bid depository, or which prevent any subcontractor or notrialmon from bidding to any contractor who does not we the facilities of or aaoapt bids from or throaph web bid depository. For thefurniShinng of ell labor, materiels and equipment, and or all incidental work nsoes:try to deliver all the improvernants oomplets in place in strict conformity with the plans, gwdfics*m and gm:bl provisions, on file in the office of the Director of Public Works, City of Huntington Baooh, California, I propose and Was to take full payment therefore at the Mowing unit prices, to wit: ITEM APPROXIMATE ITEM WITII UNIT PRICE UNIT TOTAL NO. OUANTITY WRITTEN IN WORDS PRICE Construct all improvements for the West Central Park Concession area as shown on the plans and 1. Lump Sum included in the specifications a -s r lump stun. Q Construct all improvements for the Central Library Parking Lot area as shown on the plans 2. Lump Stun and included in the specifications �,, sum. a Total Project $ P-1 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the ectuel quantities in tM competed work, whellm they he'sore or less than those shown berein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the eoodraet is 120 Calendar days. * * if awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within tern 04) days of the award of said contract, and to begin work shdtbin to (t@) days from the date of apprarsl of the con- tract by the City of Huntington Bach, California. The undersigned hoe ammined carefully the site of the work contemplated, the plans and slogicstions, and the proposal end contract form therefor. The submission of a bid doll be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the cimnater, quality, and scope of work to be performed, the quantities of materials to be furnisihed, and as to the requimments of the proposal, piers. simMotions, and the conUWL Accompanying this proposal is Bidder's _bond___(Z ° NOTICE. Insert the words —Cash,' "Certified Check," or "Bidder's Bond," as the case may be, in as amount equal to at host 10 percent of the total bid prim, payable to the City of Huntington Beach. The undersigned deposits the above named security a a proposal guaranty and agrees that it doll be forfeited to the City of Huntington Such a liquidated damages in case this proposal is scaptad by the City end the undersigned still fag to execute a contract for dising said work and to furnish good and sufficient bonds in the form sat forth in the specification and contract documents of the City, with surety atisfactory to the City within 10 days after the bidder has ranived written notice of the award of the contract; otherwise aid security doll be returned to the undersigned. Limme in swords with an act providing for the registration of contract License No. 40252 ** See Item 6, "Illstructions IV 10 ' to Bidders" . . She MUM Of BWdW Business Address 11225 Slater Ave. , Ftn Vly, CA 92708 plea of Residence s a m e Dated this 7 t h day of July 019 2 h Bidder shell signify receipt of all Addenda here, if any: Addendum No. Date Received Bi 'WOe 00, P-3 pROPOSLD INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the followfng Information. Additional Oharts may be attached if naaassery. I. Firm Name: Wakeham-Baker, Inc. :a Address: 11225 Slater Ave., Ftn Vly, CA ,92708 3.Tolephone (714) 556--0820 4. Type of firm — individual, partnership, or corporation: Corporation 5. Corporation organized under the laws of the State of 8. Contractor's License Number: 402529 Classification of Contractor's License "Alt California 7. list the names and addresses of all members of the firm or names and titles of all officers of the corporation: William R. Wakeham President WEENIM . ... - - - 8. Number of years experience as a contractor in construction work: 10 years 9. List at hest six projects completed as of recent date: (Contract amt.) (Class of work) (Date Completed) (Name and address of Owner) ( Include phone # and name of person to contact for reference) . Will submit if low bidder 10. List the name of the person who inspected the site of the proposed work for your firm: William R. Wakeham Date of Inspection July1 1986 11. If requested by the City, the bidder shell furnish a notarized financial statement, financiel data, or other information and references sufficiently comprehensive to permit an apprelsal of his current financial condidorL .P-4 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices 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 con- tractor in or about tba construction of the work or improvement in an amount in a cuss of orrFW 1%) of one parant {{%) of the prime cortnetor's total bid, end shall further set forth the portion of the work which will be done by each subcon- trsctor. Only one subcontractor for nth 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 Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS C G 1�4a X Lo.� roorc Ki_yeas'i* — By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of ail 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 —5 rI REQUEA FOR CITY COUNCOACTION Do" Submittedto: Honorable Mayor and City Council *. Submitted by: Charles W. Thompson, City Administrate Prepared by: Paul E. Cook, Director of Public Works�J Subject: LANDSCAPE IMPROVEMENTS CENTRAL PARK CONCE CENTRAL LIBRARY PARKING LOT; CC-661 Consistent with Council Policy? k J Yes [ ] New Policy or —~ rGI'IY COL &V]?Rev�� �v ION AND Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:411 STATEMENT OF ISSUE: On July 8, 1986, bids were received for the construction of landscape Improvements at the Central Park Concession and Central Library Parking Lot. RECOMMENDATION: Approve the low bid submitted by Artistic Landscape and authorize the Mayor and the City Clerk to execute an appropriate contract in the amount of $79,711.00. ANAI YSIS! On June 2, 1986, the City Council approved the plans and specifications for these landscape improvements and authorized staff to solicit construction bids. Bids, as summarized below, were received and opened on July 8, 1986. Cnntrar-tnr Artistic Landscape Hacienda Landscape Wabeham—Baker, Inc. Rid A m mint $ 79,71 1.00 91,700.00 111'111.00 Staff has reviewed the bid proposals and recommends the acceptance of the Artistic Landscape bid. FUNDING SOURCE: Contract Amount: Construction Contingencies: Total: $79,71 1.00 7,968.00 $87,679.00 Sufficient project revenues have been budgeted In fiscal accounts 391659 (Equip mentJGeneral — $17,500.00) and 790766 (Central Park Improvements—$70,179.00). PIO 6/85 RCA -Landscape Imp. Central Park Concession & Central Library Parking Lot; CC-661 July 10, 1986 Page 2 ALTERNATIVE ACTION: 1. Award contract to another bidder. 2. Reject all bids and forego Improvements. ATTACHMENTS: None CWT:PEC:DN:dw 1053g vi Ttyl mad J SLATER AVE. II I L aRANGER STATION © SHOOTING RANGE ig INTERPRETIVE TRAIL © HORSE STABLE PLAYGROUND � HORSE TRAILS PICNIC SHELTER a YOUTH ciROUP CAMP(;hOUNO AMPHITHEATER PEDESTRIAN CROSSING RESMOOMS ®FISHING 4 44 SHIPLEY ;ol FRISBEE GOLF ; � NAfuHECENTER I © JOGIWALI( EXERCISE COURSE s DFOOOCONCESSION _ 1 y LIBRARY 1 1 1 � CENTRAL PARK DR. 00.1ask-ssIC) IM(;S. INLET DR. �Q i HUNTINGTON LAKE ra a 1 W TALBE 1 1 ©f 1 F r 1 1 c f Q 1 ELUSAVE. HUNTINGTON CENTRAL PARK NO SCALE G 0 a r c� DATE:, July 8, 1986 • - ENGINEER'S ESTIMATE: $60 , 500 JOB AND CC NUMBER: Landscape_lrrprovements ` Central Park Concession and Central Library Parking Lot; CC-661 BIDDERS NAMR TOTAT, RTD AM ITNT 1. Al -mac Landscape i. Artistic Landsc e / -- __ 711 3. Guardian Builders 4. Hacienda Landscape 5. Mathis Environmental 6. Nu West 7. (The) Patterson Company 8. Sunrise Landsca 9, r Nakeham-Baker Incorporated r • NOTICE DVVITING SEALED BIDS CC-661 _ Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the construction of West Central Park Concession and Central _ Library Parking Lot Landscape I 2mvements in the City of Huntington Beach, California in accordance with plans and speciiications and special provisions on file in the office of the Director of Public Works. Documents will be available on June 10, 1986. A charge of $10.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Ouenti ty 1. Construct all improvements for the West Central Park Concession areas as shown on the plans and included in the specifications Lump Sum 2. Construct all improvements for the Central Library parking lot area as shown on the plans and included in the specifications. Lump Sum 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. , N-1 0 Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall a� fi,ary► 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 uly 8 1986, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 21 st of Jul r�., 1986, at the hour of 7:30 P.M. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be ;;cred upon by said City Council at the regular meeting of July 21, 1986. 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 June 2, 1986. ATTEST: Alicia Wentworth City Clerk N-2 DATE: July 8, 1986 • ENGINEER'S ESTIMATE: $60 , 5Q0 _ JOB AND CC NUMBER: Landsc I roverents Central Park Concession and Central Library Parking Lot; CC-661 BIDDERS NAME TOTAL BID AMOUNT 1. Al -Mac Landscape 2. Artistic Lands2a2e Cf 1 3. Guardian Builders 4. Hacienda Landscape I 1� lop, 5. Mathis Environmental 6. Nu West 7. (The) PattersonggMM 8. Sunrise lands 9. Wakeham-Baker Incorporated SHEET -OF -SHEETS C� • CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: ' DEPARTMENT OF PUBLIC WORKS QftA:m= �.sloN -e.clr. Bf� .�`r"ta--��1..x. L � C<--, F42BIDS OPENEDJ_ �--�( _ 19 G a r 6 ENGINEERS ESTIMATE , �� f0a CC NO �� .j A H F P N "t'NTINC10% 01ACM BIDDERS . Isl-te. LAfjeAIV . A. Dd;" WAll1.HN�t -RAZI fu No ITEMS Of WORK flUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT • L. s • z zZ 3 0c I �I A�-ILINCe �� �• S � I Ci ` TOTALS �Q. �� i I G� Authorlted to Publish AOvert isemenlf Of el ,hcludlpublic hot,cas by Dec•ee of the Superior COu*Oranlae n GOunty. California kumbe+ A-62114 dared 79 September. 1961 and A•24631. dated 11 June. 1963 • STATE OF CALIFORNIA County of Orange 401" win ,0 PK• cokw— w011• I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS -PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that a Notice of PUBLIC NOTICE PUBLIC NOTICE i PUBUC NOTICE NOTICE'INVITINO SEALED BIDS CC -"I Notice Is hereby given that the City Council of the City of Huntington I Beach, Californla will receive sealed bids for the construction of West Central Park Concessloh and Central Library Parking Lot Landscape Improvements 1 In the City of Huntington Beach, California In accordance with the plans and specifications and special provisionsion file in the office of the Director of Public Works. Documents will be e4allable on June 10, 1986. A Charge of $10.00, not refundable, will be requlred for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item quantity I 1. , Construct all improvements for the West Central Park Concession areas as shown on the plans and Included In the specifications Lump Sum , 2. Construct all Improvements for the Central Library parking lot area as shown on the plans and Included In the specifications, : Lump Sum In accordance with the provisions of Section 1773 of the Labor Cade, 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 Olrector of Public Works of the City of Huntington Beach, California. E{ Plana and specifications, together with proposal form, may be obtained at the officei f of the Director of Public Works, City Hall, Huntington Beach, California. tiff No bid will be received unless it is made on a blank form furnished by the Director ofj 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 I 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 I quantities of work to be done. Substitution of securities for any monies withheld by the City to Insure performance I shall be permitted In accordance with provisions of the California Government Code, 1 Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California: shall be sealed and flied 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. on July 8, 1988, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to and acted upon by the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, 21st of July, 1986. at the hour of 7:30 P.M. In the City Council Chambers In the Civic Center of said City of I Huntington Beach, and shall be acted upon by said City Council at the regular meeting Of July 21, 1986, 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 June 2; 1988. Executed On June. '19 6 198'— ATTEST: Allcle Wentworth, City Clerk at Costa Mesa, California. Published Orange Coast Daily Pilot June 12, 19, 198e ignature ' of which copy attached hereto is a true and complete copy. was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast Communities and Laguna Beach issues of Said newspaper for ire Consecutive weeks to wit the issue(s) of 198--E-- J-urie .19 198 6 198 19$ , 198 - I declare, under penalty of perjury, that the foregoing is true and correct. PROOF OF PUBLICATION Ad e" Paul E. Cook Director CITY OF HUNTINGTON BEACH 2000 MAIN STREET June 10, 1986 CONSTRUCTION OF WEST CENTRAL PARK CONCESSION AND CENTRAL LIBRARY' PARKING LOT LANDSCAPE IMPRQVEMENTS CC-661 ADDENDA NUMBER 1 Notice to All Bidders: CALIFORNIA 92648 Public Works Department (714) 536-5431 The following revisions and additions shall be made to the bid documents: Re: Page N-2 of Specifications Sealed bids shall be filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 .m. of July 8, 1986. You are requested to acknowledge this receipt of the addendum with your bid proposal. i truly yours, ztq"o 'a" Paul E. Cook Director of Public Works This is to acknowledge receipt and review of Addenda Number One, dated June 9, 1986. It is understood that the revision of new documents shall be included in the bid document. Wakeham-Baker, Inc. Company g.::- Date �' �y - INSTRUCTIONS TO BIDDERS 1. PROPOSAL REQUIREMENTS Proposal requirementes shall be as described in Section 10 of the City of Huntington Beach Standard Specifications herein. 2. SUBMITTALS Bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, the bidder's address and the name of the work for which the bid is being submitted It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled time for opening of bids will be returned to the bidder unopened. 3. LOWEST RESPONSIBLE BIDDER The City, in determining the lowest responsible bidder may, among other things, take into consideration the quality, fitness, capacity and adaptability of the respective equipment, materials, articles, devices, apparatuses or process proposed to be used by any bidder hereunder. 4. SUBCONTRACTOR'S BID A person, firm, or corporation who has submitted a bid as a subcontractor. to a prime contractor is not disqualified from submitting a subcontracting bid to. other bidders. 5. BID IN QUI RIE S All inquiries for clarification of contract documents during bidding shall be directed to the project manager, City of Huntington Beach Public Works Department, (714) 536-5431, who will be the sole responsible individual for such interpretation. 6. CONTRACT TIME Contract time for construction of West Central Park Concession Landscape Improvements, as shown on the drawings and specified herein, shall be 120 calendar days, including the thirty (30) calendar day plant establishment period and the thirty (30) calendar day post -installation maintenance period. �1 - 3 DID PROPOSAL FROM Hacienda Landsca e FUwls N� To the Honorable Mayor and City Council, -City of Hunbogtom Beach, California: In oamphsoce with the notice iw deg sealed proposals for tie West Central Park Concession Landscape Improvements and Central Library Parking Lot Landscaping; CC-661 I hereby propose and agree to enter into a contract to perform the work herein described and to foraish the metwishs therefore newdinrg to the plans, specifications and special. provisions for the said work and to the sati I ction of and ruder the supervision of the Director of Pablic Works of aid City of Huntington BeackCalifornis. The undersigned has not accepted any bid from any subcontractor or meterialmen through any bid depository, the byaaws, rWes or regulations of wMA prohibit or prvrent the contractor from P N P-Bering any bid from any subcontractor or nsaterialman which is not proceed through add bid depository, or which prorant any subcontractor or anwrielman from bidding to any contractor who does not one 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 necesaryto deliver all the improvemw u complete in place in strict conformity with the plans, specifications and speciaf provisions, on file in the office of the Director of Public Works, City of Huntington Beoch, California, I propose and agree to take full paynNat thwefom at the following unit prim, to wit: ITEM APPROXIMATE ITEM WITI4 UNIT PRICE UNIT TOTAL NO QUANTITY WRITTEN IN WOROS PRICE Construct all improve sits for the West Central / c?j 30D `7;9 300 Park Concession area as shown on the plans and 1. Lump Sun included in the specifications at per lump stint. Construct all improvements for -the Central 2. Lump Stan Library Parking Lot area as shown on the plans and included in the specifications at j q g O 0 1 15 ✓ oo der lump Surn. y1, 7Do 91 rho g Total Project $ P--1 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comperinn of bids and that the contractor's eomponsetion will be computed upon the basis of the actual qua nti"-1 is the completed work, Whorl er d" be'nsore or less then those shown Iwrein at the unit prices bid in the proposal schedule. Tbo undersigned understands the Contract time limit ellottad for the contract is 120 Calerhdar days. ** If awarded the contract, the undersigned hereby aprm to d1n said contract and furnish the necessary bards within ten 00) days of the award of said contract, said to begin worth within tan (10) days from the date of approval of the coin trect by do City of Huntington Bach, California. The undersigned fins examined carefully the site of the work contemplated. the plans and specifications, and the proposal and contract forms therefor. The submission of a bid stall be conclusive evidence that the bidder has investigated and is wtisfW a to the conditions to be encountered, as to the character, quality, and scope of work to be pwfwmed, the quantities of inete ieh to be furnished, and as to the roqukemw tt of the proposal, plans. specifirstions, and the contract. Accompanying this prbpoal is Rt 1. NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the osse may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Basch. The undersigned deposits the above named security a a proposal guaranty and agrees that it dell be forfeited to the City of Huntington Beech a liquidated damages in caa this proposal is accepted by the City and the undersigned doll fatal to execute a tontrect for doing said work and to furnish good and suffikdent bonds in the form at forth in the specification and contract docunants of the City, with surety ■tishctary to the City within 10 days after the bidder has received written notice of the award of the contract, otherwise acid security shell bs returned to the undersigned. in accordance with an act providing for the registration of coKmat License No. ** See Itan 6, "Instructions W Bidders". BuRnes Gras 2005 Desire Avenue,Rbwlan❑---mg-cs, Race of Residence . SAME Dated the `8 t h dey of July Bidder shall signify receipt of ell Addends here, if any: Addendum No. Date Received 1 June 17 1986 P-3 PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additionel dwts nay be attschad if naossmy. 1. Firm Name: 2 Address: 2❑❑ 5 O e s i r P Ave-, ULw _l n n r1 M Q t F,, 3. Telephone 4. Type of firm - individual, partnership, or corporation: Corp ❑ r a t i n n 5. Corporation organized under the laws of the State of C a 1 i f n r p j a 8. Contractor's License Number: 4 0 0171- Classification of Contractor's License C - 2 7 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: Abid Javaid, President, 2005 Desire Ave., Rowland Hots, CA 91748 8. Number of years experience as a contractor in oonstruction work: I Q y a r c 9. ust at least six projects completed as of recent date: Montract amt.) Wass of work) )Date Completed) Name and address of Owner) ( Include phone # and name of person to contact for reference) . Cone io Tech,6,Q.000.00 , OLtMans CnnStriirt i nn r'nmpaay, , P_h.i.l_$.a.d.aTa1_3,l948-424� T.4242 Kaiser Hn5pita7,„-37 1n _,[1(j RnhPrt F MrKPwnAr-rp. 1 ].pimp C.$1.8.T:4.g._6270 Ho e S . Prof.Ctr. 210 000.00 J.D._ 20 Menlo Riici nPcc park 6001-n00- n0 . c)i t-W ns .�xast..---T�� f -Ra Asy (21-3+)9-+4.8. 4242 Chri_Gt C a I I P a P nn.nn- RPrry'C rnnctriir._t..i.nn _. 10. List the name of the person who inspected the she of the proposed work for your firm: Rjc_h_aKd. Humoh�rev Date of inspection r,/ 2 3/ 8 6 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 curroft financial condl6on. .P-4 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices 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 con- tractor in or about the construction of the work or improvement in an amount in axe w of ona4uff NO of one percent (1%) of the prim contrector's total bid, and shall further at forth the portion of the work which will be done by each sabcon- trocta. 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 udder 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 art 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 pcblit record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AHD ADDRESS NUMBER CLASS C-r-f? P) re.goyr/f J 4irll—'-�-�@ Cl'-t L,- 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 sub -contractor for this project. P —5 DID PROPOSAL FROM To the Honorable Mayor and City Council, City of Huntington Beach, Celifems: In complism with the notice inviting malad proposals for tba West Central Park Concession Landscape Irnpxovements and Central Library Parking Lot Landscaping; CC-661 I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the nwhrials therefore according to the plans. specifiostions and special provisions for the raid work and to the — idaeaon of end under the supervision of the Director of Peblic Works of said City of Huntington BeeckCs iforaia. ` The undersigned has not accepted any bid from any subeontreetor or materielmen through any bid depository, the by-laws rules or regulations of which prohibit or prevent the contnetor from ooraidering any bid from any subcontractor or ruaterialman which is not processed through said bid depahm, or which prevent any subcontracmr or metwielman from bidding to any corndactor who does not one 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 the improvements complete in plow in strict conformity with the plans, gwmWWWwns and special provisions, on file in the office of the Director of Public Works, City of Huntington B", Celifornla, I propose and elm to take full payment therefore at the following unit prigs, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOIAI NO QUANTITY WRITTEN IN WORDS PRICE Construct all improvements for the West Central Park Concession area as shown on the plans and 'a 1. Lump Stun included in the specifications at5; , Per lump stun. Construct all improvements for the Central Library Parking Lot area as shown on the plans 2. Lump Slur. and included in the specifications lump sum. Total Project $ ZZL&D P-1 • • It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are Solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the ectnal gwnI ill is the completed work, wbodw they be 'Aore or Was than than shown herein at due unit pries bid in the proposes solMule. The undersigned understands the contract time limit Matted for the Contnet it 120 -Calendar darts, * * If awarded the contract, the undersigned hereby agraas to dp said contract and furnish the necessary bond: within ten (10) days of the award of aid contract, and to begin work within tan (10) days from the date of approval of the cow tract 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 forma therefor. The submission of a bid shell be conclusive evidence that the bidder bas imwfiptsd and is satisfied a to the conditions to be encountered, a to the ndiaracm, quality, and scope of work to be performed. the gwrititia of rioterials to be furnished, and a to the requireof the proposal, plans, specifications, and the contrect. Aawmpanying this proposal is per, - - . ($ 1- NOTICE: Insert the words "Cosh," "Certified Check," or "Bidder's Bond," as the am may be, in anti awmait equal to at least 10 percurt of the total bid price, payable to the City of Huntington Beech. The uundrtigned deposits the above n omed security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Booth as liquidated demreges in case this proposal is accepted by the City and the undersigned shall fail to exoarta a contract for doing rid work and to furnish good and wffieient bonds in the form at fwth in flue specification and contract documents of the City, with suu" satisfactory to the City within 10 days after the bidder be$ recaiwd written nwtica of the award of the contract; otherwise rid security dwell be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract Liansa No.� #* See Item 6, "Instructions Inst uctio s fro Bidders". Slan�t�ws of Business Addrm Plea of Residence p� Deted this__4P day of 19�5,11_ 67 on Bidder shall signify receipt of ell Addenda hers, if any: Addendum No. Data Received Bidder's Sig tore P-3 PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional **M troy be attached If naeapry. 1. Firm U " � l: 3. Telephone T 4. Type of firm — individual, partnership, or corporation: �1� � 0, S. Corporation organized under the laws of the State of LZZ&� B. Contractor's License Number: Ll Lo 110 Classification of Contractor's License 7. U the names and addresses of -all members of the (firm or names and titles of all officers of the corporation'. r%% 0 .M /'� i 19 //n—1ii .'ra�� .. ] � L I n _ / / U. e n _ A, i .. - i . J i I r � 8. Number of years experience as a contractor in construction work: ' 9. List at least six projects completed as of recent date: (Contract amt.) (Class of work) (Date Completed) (Name and address of Ownwl ( Include Phone # and name of person to contact for reference) . 10. List the name of the person who inspected tha site of the proposed work for your firm: Date of Inspection 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 oondltion. -P--4 • • DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 41004113 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 con, tractor in or about the construction of the work or improvement in an aatasat in excess of one -Mil M of one paraent (1%) of the prim contrwor's total bid, and shall further set forth the portion of the work which will be done by each subcon- tractor. Only an subcontractor for nth portion shall he listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he doll be deenod to have agraad to perform such portion himsetf, and he shell 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 s finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS n�-?,hoCZ �---- �1C/L�G By submission of this proposal, the contractor certifies: 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 sub -contractor for this project. P —5 • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET Paul E. Cook Director June 10, 1986 CONSTRUCTION OF WEST CENTRAL PARK CONCESSION AND CENTRAL LIBRARY PARKING LOT LANDSCAPE IMPROVEMENTS CC-661 ADDENDA NUMBER 1 Notice to All Bidders: CALIFORNIA 92648 Public Works Department (714) 536-5431 The following revisions and additions shall be made to the bid documents: Re: Page N-2 of Specifications Sealed bids shall be 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 July 8, 1986. You are requested to acknowledge this receipt of the addendum with your bid proposal. Vtruly yours, er P. 0� 44? Paul E. Cook Director of Public Works This is to acknowledge receipt and review of Addenda Number One, dated June 9, 1986. It is understood that the revision of new documents shall be included in the bid document. Company U 171IFS Date %K`.I INSTRUCTIONS TO BIDDERS 'I. PROPOSAL REQUIREMENTS Proposal requiromentss shall be as described in Section 10 of the City of Huntington Beach Standard Specifications herein. 2. SUBMITTALS Bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, the bidder's address and the name of the work for which -the bid is being submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled time for opening of bids will be returned to the bidder unopened. 3. LOWEST RESPONSIBLE BIDDER The City, in determining the lowest responsible bidder may, among other things, take into consideration the quality, fitness, capacity and adaptability of the respective equipment, materials, articles, devices, apparatuses or process proposed to be used by any bidder hereunder. 4. SUBCONTRACTOR'S BID A person, firm, or corporation who has submitted a bid as a subcontractor to a prime contractor is- not disqualified from submitting a subcontracting bid to other bidders. 5. BID IN OUI RIE S All inquiries for clarification of contract documents during bidding shall be directed to the project manager, City of Huntington Beach Public Works Department, (714)' 53b-5431, who will be the sole responsible individual for such interpretation. b. CONTRACT TIME Contract time for construction of West Central Park Concession Landscape Improvements, as shown on the drawings and specified herein, shall be 120 calendar days, including the thirty (30) calendar day plant establishment period and the thirty (30) calendar day post -installation maintenance period. N_3 - REQUE& FOR CITY COUNCIOACTION F Submitted to: Submitted by; Date May 21, 1986 _ Honorable Mayor and City Council Charles Thompson, City Administrator's e_' R ET] By t;ITY COUNCIL Prepared by: Paul E. Cook, Director of Public Works Subject: Landscape Improvements in Central Park; C-661 Consistent with Council Policy? [X] Yes C l New Policy or Exception - Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: Plans and specifications for miscellaneous improvements in the Central Park are complete. Recommendation: Approve the plans and specifications and authorize staff to solicit bids for construction. Analysis: On [November 4, 1985, Council authorized staff to solicit bids for land- scape, walkway and irrigation improvements in Central Park. Only one bid was received and opened on February 19, 1986; therefore, staff recommended that the single bid be rejected and the project be combined with other improvements at a later date and rebid. Council approved these recommendations on March 3, 1986. Subsequently, this project has been combined with landscaping and irrigation improvements of the Central Library parking lot north of Talbert Avenue. Staff therefore requests the approval of the combined plans/specifications and the authorization to solicit bids. Funding Source: The combined estimated cost of these projects is $60,500.00. Sufficient revenues have been budgeted in fiscal accounts 391659 (Equip./General) and 790766 (Central Park Improvements). Alternative Action: Reject approval of plans/specifications and the authorization to solicit bids. Attachments; Project Location Map. CWT:PEC:DRN:lw Pla 4/84 � 1 7.1 PROJECT..: _ LOCA r1oN MAP ARKING w 15-M ^1% uvrw r - .`iUNTINGT is LAKE • '�� _ •- R-1 Aw}u. uuWa fr�.1w� wryer. �L-4 r/ ] M IrM■ :4vL! 4 • AVOWT i pOr Vr .rw• far�sw'rind ri�if ]'At. k- w•fw fd - V0040 f- Aua.7 KMOarl�i�M f • • N .� ENTRAL PARK CONCESSION 0 ISCAPE IMPROVEMENTS PLANTING PLAN Y OF HUNTINGTON BEACH -5 w • CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA tCo wCEss1014 HUNTINGTON CENTRAL PARK IL "v?VnHGToN LAKE �n 0 0 j, j@ CITY OF HUWIPJGTON BEACH ° r 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 4, 1986 Ai -Mac Landscape 355 South Irwindale Avenue Azusa, CA 91702 The City Council of the City of Huntington Beach at its regular meeting held Monday, March 3, 1986, rejected your bid for Project CC-661, construction of West Central Park Concession Landscape Improvements. We are returning your bid bond. Thank you for your interest in the project. Alicia M. Wentworth City Clerk AMW:bt Enclosure 1 l 4 i (TNephone: 71463E-6227) REQUE* FOR CITY COUNCOACTION Date February A.PPROVI:D BY CITY COUNCIL Submitted to: Honorable Mayor and City Council Submitted by: Charles Thompson, City Adminstrator Paul E. Cook Director of Public 1i'ItLiii Prepared by: c Works GY Subject: Landscape, Walkway and Irrigation Improvements in Central Park; CC-661 Consistent with Council Policy? [ A Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: QTS Statement of Issue: On November 4, 1985, the City Council authorized a call for bids for landscape, walkway and irrigation improvements in Central Park; CC-661. Recommendation: 1. Reject Al -Mac landscape bid of $71,913.00 and approve the return of their bid bond of $7,500.00. 2. Authorization to retain the existing approved funding to be used for a joint Public Works project at a later date, to attract a greater quantity of pros- pective bidders. Analysis: The above project was estimated at $43,300.00. We had anticipated bids from the contractors shown below. One bid from Al -Mac Landscaping was received on February 19, 1986. 1. Al -Mac Landscape $71,913.00 2. Carlson Landscaping -0- 3. Hacienda Landscape -0- 4. Kaz Hanaro Landscape, Inc. -0- 5. Aka Tani. Landscape Co. -0- Due to a high bid submittal and lack of interest from the above contractors, we reconu end the city to reject the one bid, along with the return of the 10% bid bond. Funding: Park acquisition and development fund balance. Alternative Action: Reject bid and advise staff on how to pursue with future project. Attachments: Project Location Map Plot Plan Financial Impact Report PEC:RAM: lw PIO 4/84 G I/ L-\ CITY OF AL4?8 HUNTINGTON BEACH L ORANGE COUNTY, CALIFORNIA �{ ♦ o ,gyp'► Igo?, tr b �p'1 Bp� �p m ep'1 01 ° tep A'11 �p ti+ ti 1 g07 3 p 803 180 U 80l7180 V 60]7 U 8017 BD 1a06S 16031 LL KIM%6 01 1801 38041 18042180/ L8017 a011 QS % BOS �sIts, LL .1 18052 �6 05 L805 18n51 18052LBQ5 1BQ5718a51 X 1806 eppti 06 U 061 180t. 18061 or 180671606 18067 B '1 d tt 18Q71 071 uj 1807 16071 1807218011 Y 16�72 18Q91 dL r _el Q laoB 18061 Q 160621908 18062 IS Ce li 091Ir 18a 18091 1g092,1809 0092 41 1n N .0 ;o lalQ 16101 CbNGESSto�j 101 W LLJ 18102 1610 W 18102 ,p 111 tn U loll 8111LL1811218�21 3 8112 ��`�� LET HUNTIN 44vivni -ronl LAK¢ "n IN CENTRAL PARK 1L8 0 0 ARKING -V*%fflftV.A & -fqNTINGT �'M' LAKE t:^W'MP-'TU'> ULFIrOW REVISIONS REFERENCES ZN WEST CENTRAL PARK CONCESSION W40SCAPE IMPROVEMENTS PLANTING PLAN CITYOF HUNTINGTON BEACH LJ FISCAL IMPACT STATEMENT SUBJECT: Landscape, Walkway and Irrigation Improvements in Central Park -I. Unbudgeted Reason - This project was budgeted in FY85. The Public Works Department Landscape Architect's work- load did not allow him time to finalize this project in that time period. II. A. Direct Cost 1. The project is estimated to cost $55,000 2. There are no future year costs. B. Indirect Cost 1. Cash flow would be affected by loss of interest on said funds that would accumulate per the delayed time of completing the project. 2. Maintenance - N/A 3. Overhead - N/A 4'. Grant requirements - N/A III. Funding Source A. Park Acquisition and Development Una propriated Fund Balance transferred to Account ?90769. B. Park Acquisition and Development Fund C. Alternative funding is not necessary because this is a Vark acquisition and development improvement program covered under the Quimby Act. IV. History A. Previous like projects have been funded through Park Acquisition and Development Funds. B. 'The Park Acquisition and Development Fund has normally been the funding source for this type of project for the past'several-years. DATE: 'FebE22a 19 1986 , • i ENGINEER'S VSTIMATE : $45 300 JOB AND CC NUMBER: OC-661 WEST CENTRAL PARK CONCMSION/IANDSCAPE IMPROVIIMMI'S BIDDERS NAME TOTAL BID AMOUNT Al -Mac !]ac Landscape / 1 F13. goo - Carlson Landscaping Hacienda Landscape I Kaz Hanaro Landscape, Incorporated Tani Landscape Cc npany R • • Authorized to.Putllish Advertisements of ail kinds including public notices by Decree of the Superior Court of Orange County. California, Numver A-6214, dated 29 September, 1961. and A-24831, dated t t June, 1963. STATE OF CALIFORNIA County of Orange PuwK Nonce AdwrnMng corned by Ing etndevd 4 so ,n 7 point .eth 10 Dice cotwnn rndtn I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS -PRESS. a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Inviting Sealed Bids of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laduna Beach issues of said newspaper for 2 consecutive weeks to wit the issue(s) of January 16 6 198 January 23 198 6 198 , 198 198 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 23 , 198 6 at Costa Mesa, Californi . Sign ture I PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE ' I 1111OT1 E INVITING SEALED BIDS CC-661 Notice Is hereby given that the City Council of the City of Huntington Beach,. California will receive sealed bids for the construction of well Central Park Concession Landscape Improvements In .the City of Huntington Beach, California In accordance with the plans and specifl- I cations and special provisions on file In the office of the Director of Public Works. Documents willbe avaliable" on Januery 17, 1988. A charge of $50.00. not refundable, will be required for each set of specifications and 1 accompanying drawings. 1 • .t DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity f. Construct all Improvements for the West Central Park Concession areas as shown on the plans - I , and Included In the specifications Lump Sur .. -Deductive Alternate Bid Items The following lour (4) deductive No Items must be completed as part Of this proposal I DAi. Delete temporary fencing as a credit to the.city Lump Sur DA2. Delete boulders at a credit to the City 5 Tons DA3.. Delete bollards at a credit to the city 41 Each DA4. Substitute hydroseeding for stolonlzing for I turf area at a credit to the city 10.500 S.I 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 1 work to be done; copies of the latest general wage rate determinations are on file at the office of the City,Clark 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, i California. ! No bid will be received unless It Is made on a blank form furnished by I the Director of Public Works. The special_ attention of prospective bidders I is called to the proposal requirements, set forth in the specifications, for I 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 lmpllcations-agree that the actual amount of work will f i 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 I 4 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 Collfornla'Qovernment Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of' f the Director of Public Works, Development Wing, 2000 Main Street, Hunt- ington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second' Floor Administration Building, 2000 Main Street, i Huntington Beach, California, on or before 2-.00 A.M. of February IS, ISM i and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or. their authorized representative and the results of said bidding.will be reported to the City Council of said City of Huntington Beach at their regular.meeting to be held on Monday, the 3rd day of March,.1986, at the hour of 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 Councll at the regular meeting of March 3,19H The City of Huntington Beech, 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. I By order of the City Council of the City of Huntington Beach, California this November 4, 1985. , ATTEST: Alicia Wentworth City Clark I Published Orange'Coast Dally Pilot January 16, 23, 1986 l Th-58$ NO PROPOSAL FROM l r M - �1( AA 5 L • 1*ir�i hll To the Namable ftyor end City Coundl, Chy of Iiah>d @ Bsssb, Celftala: Ia sa"iitthaa wkb do aodoa W" ndW Nr"@Uk for do West Central Park Concession Landscape * Improvements; CC-661 I hwhy propose sd sprat to allot into s o' I -1,t to pwfmm the worn bwela dsa- 2 sal to fr■raiab dw nowiab 01011 fon aoeeryliap to dw phak apsolfiastion aad y;@@K prorhiore for d a wM wark ead to da III Nka of and w dw dw rnprralrloa of tlha DilwW of Pabft Wwb of =W City of NaA11 Ina Bseek lifande. Tbo uldonill - lays sat aooaplod say bid from any mbeoatraator or aothYislwa daoapb say bid dspoaitwy. da bye Wee at rrpolydm of AM prslbit or prsrrat As aoabaator frow onddsrlap any bid f many aiaoaft@dw or haatarlal m NNO It not proaar I dn* OW bid dapedtwy, or wldi p w mt say :Idnonusalor or so- - I I asa holy Midlap to. say mabostor who don not m to fidlltea of or some bids km or t hroapil alai bid depeaimry. Far so Ma. matarlsb sad "aipamik and or all Iaaidaetd work aaasstny to ddkv ad dw iha nlaahahb 000plats In pleas In atrial aoafwaft with do piaaa I nd q pvddem a fib 4 do anfora at the Diroeboh' of Poblb INrrk� City of Naadaptoa Baasb, propaw � �� 1801dap ink prier, to wit: ITEM NO. APPROXIMATE QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL Construct all improvements for the West Central Park concession area as shown an the plans and 1. Lump Sun included in the specifications at cAy&y4( (}t1Y;. pu dly t V per lump stun. bipj r Thtal Project Deductive Alternative Bid Items The following four (4) deductive bid items must ' be ccrnpleted as part of this proposal. Delete temporary fencing at a.credit to the DkJ LuTp Sun City of c h IA Yy� (rg ., _ -.�I�(t f� L A IA -!6 _ __Per ump sum. Delete boulders at a credit to the city of DA2 5 Tonsud per ton. P-t ITEM APPROXHIIATI No. a1ANmy ITEM NTH UNIT PRIG■ warn ITN IN NOEL UNIT PR1�r TOTAL DA 3 41 Each Delete bollards at a credit to the City of Huntington $each 5(X,�1:l�.1 d I a�,� cum{ - reja �', each. /� z f0 r �� DA4 10, 500 S.F. Substitute hydroseeding for stolonizing for turf area at a credit to the City of Huntin Beach der s. f. -, [ Tbtal of the four (4) deductive alternatives above $ P-,2— It is understood and agreed that the approximate quantities shown in the faregoing proposal schedule are solely for the purpose of Wtatiq the comparison of bids and that the watractor's compensation will be computed upon the besis of the aft# que, dd - -in the completes! work, whether thiy be'mors or bss than those shows hrrdo et the unit pries bid In the proposal schaduis. The undw*mad undantends the contract time limit allotted for the contract Is 120 Calendar days. ** If awarded the contract the undwkned herdq eprwe to doup seld contract and furnish the rroewry boast within ten Q lid days of the award W said contract, end to bapin wont wMa ten 11 O) days from the data d apprord of the on - treat by the City of Hu nloptoa Beech, California. The undersigned has examined carefully the site of the work contemplated, the plans and spu iatioro, and the proposal and contract forum therefor. The submission of a bid shell be conclusive evidence that the bidder has investigated and Is satidied as to the conditions to be encountered, as to the chanctsr, quality, and scope of wofk to be performed. the quantities of owerials to be fund", and as to the require , - of the proposal, plans, specifications` and the contract. Aocompenying =:Cwhe" .po el is ....�� d� S 3e)V - - - . ($ -1 s 00,100 ). art t the "Certified Check," or "Bidder's Boat," as the an may be, in as amount equal to at beat 10 peraat of the tonal bid price, payebla to the City of Huntington Beach. The undo dli-sd deposits the above named security as a proposal guaenty and agrees that it shall be forfeited to the City of Hunti"a MA as liquidated damages In case this proposal is acoapti by the City cud the uodws%MW duill fad to exearta a cantraet for doting said work and to Banish good and sufficant bonds in the form set forth into III lifioadorss and contract doeu - - of the City, with surety satidactory to the City within 10 days after the biddy hu received written antis of the owerd of the contract; otherwise old Worlty shell be returned to the undersigned. Licensed in s000rdaaoe with as act providing for the rsghRntion of ooatract Lloonse No. -8 0 .L7--1 ** See Item 6, "Instructions lJL- bD Bidders". PCB: IM[,F� P ti Business Address 14z1AS fit. CA Pha of fiesidhncs G i 50 f- AN vA 21 LA S 14 .,a Dated this 1day of Yu 7y c-A Bidder shell signify receipt of all Addenda hero, if any: Addendum No. Data Received sap"" or 5MdW Bidder's Sgnsture P-3 PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheet: may be attached if neeassary. 1. Firm Nama:-Al --A'A C. 1l il/IQi 1. 1 i%� 2. Address: 35.5 s s►r W iha 4a 4 & z u i�ta CA -- 3. Telephone - 4. Type of firm — individual, partnership, or corporation: 71tVkh2� �21A 5. Corporation organized under the laws of th/e,,State of & Contractor's License Number: A (P Classification of Contractor's License Z 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: ki AAa((1g Gic7o �nivAa, h-mS-A CA 0u)1n¢Ir _ l GOLAJA Z_ Igo'!Z L.05 4,ialn PK GA rx dv 8. Number of years experience as a contractor in construction work:-- 9. List at least six projects completed as of recent date: (Contract amt.) (Class of work) (Date Completed) (Name and address at Owner) ( Include phone # and name of person to contact for reference) . `��Irxtvv►�r�. u� A 1 2�1 IJ. Uv ,►d 5vL+1:WY6 H6wA A LA II (Cr(z,'5) M,-11 q5 A Zq, 04°' 04 PV1 �M MC71 fit'0- 9; Gg'741(4 UavY, (8r9,1 S10-5kgl 501- a�T�uyb2�h�i (,i41 j.2R'W Iq 75 ���Ott Ttj►,its ('7/4) &C00 --5 6141 a�119W4- d, 33� �tr�n 31y� Bob oWltvdr)+1 1v-�� } Z�3sCo? 10. List the name of the person who inspected the site of the proposed work for your firm: Date of Inspection 11. If requested 6y 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-4 r DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices 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 prima con- tactor in or about the construction of the work or improvement in an asnoW in excess of onHolf (W of one percent 11%) of the prho conoWw's tout bid, and shell further sat forth the portion of the work which whi be do* by each subcon- bw*. Only one subcontractor for am* portion shall be listed. If the contactor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to bsne agreed to perform such portion himself, and he droll not be permitted to whcontract that portion of the worst except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS R-i Va K.G &-6 W55 q.54-fwyy- (t Ja-I 72 I I G-lot Cac. 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. Z. That the City will be furnished copies of ell subcontracts entered into and bonds furnished by rob -contractor for this project. p-6 li HUNnNGFON TEACH CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION To CHARLES W. THOMPSON City Administrator Subject APPROPRIATION FOR PARKSCAPE IMPROVEMENTS TO CENTRAL PARK'S HUNTINGTON LAKE, F.I.S. 86-9 From ROBERT J. FRANZ, Chief Administrative Services Dept. Date OCTOBER 25, 1985 As required under the authority of Resolution 4832, a Fiscal Impact Statement has been prepared and submitted relative to the proposed funding for providing landscape, walkway and irrigation improvements in Central Park. Anticipations by the requesting entity are that an appropriation of $55,000 would be adequate for this purpose. Should the City Council chose to approve this request, the balance in the City's unaudited, unappropriated Park Acquisition and Development Fund -would be reduced to $2,929,911. I• ubt K 1 J. KANZ, Uhler '% Administrative Services Depaytment R JF:skd 1746) pri`vk�QL OR CITY COUNCIDACTION Date October 23, 1985 c ux CA-E Submitted to: e Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrato � T Prepared by: Melvin M. Bowman, Director, Community Service Subject: LANDSCAPE, WALKWAY AND IRRIGATION IMPROVEMENTS IN CENTRAL PARK Consistent with Council Policy? K Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE There is a need to improve and re—establish the narkscape in the north bank area of Central Park's Huntington Lake adjacent to the concession. RECOMMENDATION Approve the plans and specifications for improving the landscaping, walkway and irrigation in Central Park, authorize staff to prepare requests for bid proposal, and appropriate $55,000 from the Park Acquisition and Development fund balance to Account 790766. ANAT.YSTS The area of Central Park around the lakeside concession, Breakfast in the Park, has developed a maintenance problem. Drainage runoff is causing erosion and damage to the concession building's foundation. In addition, heavy pedestrian use and an unimproved shoreline have made it impossible to establish or maintain plant life. The proposed project will correct the drainage problem, establish defined pedestri- an walkways and handicapped access, improve the shoreline and provide 1_andscapwng and irrigation. Also, the public vatic area between the concession and the lace wi]_]_ be improved by the addition of concrete slabs, tables, benches, walls, bollards and trash containers. The project is estimated to cost $55,000. Funds were budgeted in FY85. The Public Works Department designed the project in-house but workload demands of other projects utilizing the city landscape architect delayed the commencing of the project in FY85. Staff did not carry the project forward to FY86 because it was felt it would be started before July, 1985. The proposed plan has been reviewed and approved by the Community Services Commission at its August 14, 1985 meeting. FUNDING Park Acquisition and Development Fund Balarce ALTERNATIVE ACTIONS 1. Rebudget for the project in FY87; 2. Modify the plan to control erosion only. PI0 4/84 REQUEST FOR CITY COUNCIL ACTION Page Two Subject: Landscape, Walkway and Irrigation Improvements in Central Park ATTACHMENTS Location man Financial. Impact Report NvB:cs CITY or e IIUNTINGTON BEACH L ORANGE COUNTY, CALIFORNIA RIVE 41 da o 1j ro o~ r o 1B � � c� 180li 60a �gM1M1 i 9 021 3 V BOS�18C] U I 1 U �•Ba� U ~��1 18011 > G nGi218G 8p12 8:.92 B0� �, tia ! 1LL L AQKupb 8041 18052 JB05 Bp5 Bpsl 04 1409 18041 18G9218G4 18042 pS 1a05�1dp51 18G;21805 1BC5I'19051 1B06 B�1 �� p6 U G•G1 a 18061, 1dD61 cr 1$0b2'mt'i laU67�acbl Q 18072 071 Ld I807 L8G71 irC7721B0T] Y 18p12 'B p7l �, ref aye p f =a: Q lacd lE 6- Q 16U821$OB Q 18362 80g1 D1 �p 041 3 ]dJ9! 3 — 1G1 Q L8G9 �111 S•18gy78091^ :18093 m, n p� CinN D W leiG] LAJ 1812;1e1pw 81G ISM 80ON GESS�ar{ 3 1a112 MT R HUNTINGTON CENTRAL PARK tiuWnH Ce'ToN t-AKH B n UNT ING T. tT 17 ^cv5L-TU5' Vgrz%� REVISIONS I REFERENCES s- ALW'v ptry(.1.wmc� C� WEST CENTRAL PARK CONCESSION LANDSCAPE IMPROVEMENTS PLANTING PLAN - __T f6 Pi 5 CITY 0 1 iiG BEACH 4 J� CITY OF HUNTING►TON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINCTON BEACH To CHARLES W. THOMPSON From ROBERT J. FRANZ, Chief City Administrator Administrative Services Dept. Subject APPROPRIATION FOR PARKSCAPE Date OCTOBER 25, 1985 IMPROVEMENTS TO CENTRAL PARK'S HUNTINGTON LAKE, F.I.S. 86-9 As required under the authority of Resolution 4832, a Fiscal Impact Statement has been prepared and submitted relative to the proposed funding for providing landscape, walkway and irrigation improvements in Central Park. Anticipations by the requesting entity are that an appropriation of $55,000 would be adequate for this purpose. Should the City Council chose to approve this request, the balance in the City's unaudited, unappropriated Park Acquisition and Development Fund would be reduced to $2,929,91 1. Administra ive Services Depa ment R JF:skd 1746j FISCAL IMPACT STATEMENT SUBJECT: Landscape, Walkway and Irrigation Improvements in Central Park I. Unbudgeted Reason - This project was budgeted in FY85. The Public Works Department Landscape Architect's work- load did not allow him time to finalize this project in that time period. II. A. Direct Cost 1. The project is estimated to cost $55,000 2. There are no future year costs. B. Indirect Cost 1. Cash flow would be affected by loss of interest on said funds that would accumulate per the delayed time of completing the project. 2. Maintenance - N/A 3. Overhead - N/A 4. Grant requirements - N/A III. Funding Source A. Park Acquisition and Development Unappropriated Fund Balance transferred to Account 790766. B. Park Acquisition and Development Fund C. Alternative funding is not necessary because this is a park acquisition and development improvement program covered under the Quimby Act. IV. history A. Previous like projects have been funded through Park Acquisition and Development Funds. B. The Park Acquisition and Development Fund has normally been the funding source for this type of project for the past several years. NOTICE INVITING SEALED BIDS CC-661 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the construction of West Central Park Concession Landscape 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 Jan. 17 , 1986. A charge of $50.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item 1. Construct all improvements for the West Central Park Concession areas as shown on the plans and included in the specifications Deductive Alternate Bid Items The following four (4) deductive bid items must be completed as part of this proposal DA 1. Delete temporary fencing as a credit to the city DA2. Delete boulders at a credit to the city DA3. Delete bollards at a credit to the city DA4. Substitute hydroseeding for stolonizing for turf area at a credit to the city Quantity Lump Sum Lump Sum 5 Tons 41 Each 10,500 S.F. In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, 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. N-1 Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director. of Public Works, Development Wing, 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 Feb. 1.9, 1986, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 3n3 of M=h , 1986, at the hour of 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 March 3 , 1986. 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 Nov. 4 , 1985. ATTEST: Alicia Wentworth City Clerk N-2 4<4