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Blufftop Park Phase VI Improvement Project CC-801 - Reject All Bids 2/21/95 1992-1995 - 1995-02-21
VVVu! YC111 EST FOR COUNCIL ACTION 19 Qr Date: February 21, 1995 Submitted to: Honorable Mayor and City Council = CD - Submitted by: Michael T. Uberuaga, City Administrat k Prepared by: Les M. Jones II, Director of Public WorksLO Ron Hagan, Director of Community Services( x fy�] ! LA n Subject: BLUFFTOP PARK PHASE VI IMPROVEMENT PROJECT, CC-80'f;r' REJECT ALL BIDS Consistent with Council Policy? [ x ] Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, Alternative Action, Attachment: 1-22-/ STATEMENT OF ISSUE: In light of changes in both the proposed project funding and site conditions, staff requests that all nine bids received November 29 for the Blufftop Park Phase VI Improvement Project be rejected and the project be postponed until additional funding can be secured. RECOMMENDED ACTION: 1. Reject all nine bids submitted for the construction of the Blufftop Park, Phase VI Improvement Project, CC-801 and direct the City Clerk to return all bid bonds. ANALYSIS: On November 7, 1994, City Council authorized a call for bids for the Blufftop Park, Phase VI Improvement Project, between Golden West Street and the northern City limit. The project proposed includes such tasks as the completion of the landscaping of the remaining abandoned oil island areas, complete the separation of the existing joint use trail into two trails (a bicycle and pedestrian trail), replace the dilapidated lighting system and install a new PVC safety railing along the blufftop. On November 29, 1994, staff received nine bids and planned to request award of the construction contract. However, since the bid opening staff has been informed that due to the Orange County investment losses and bankruptcy filing, two of the three grants for the project are on hold. In addition to the loss of project funding, the recent winter storms have caused further substantial erosion of the beach bluffs that border the western side of the project. This new erosion has caused further undermining of the pedestrian trail along the top of the bluff and has raised staff's concerns for public safety. Public Works staff is currently investigating both short term, and long term measures that can be taken to stabilize the beach blufftops and stop further erosion. Staff believes that RCA: CC-801 2/21/95 Page 2 stabilizing the blufftop from additional erosion should be performed prior to constructing any new improvements at or near the blufftop's edge. Damage reports have been submitted to State and Federal agencies for disaster relief. ENVIRONMENTAL STATUS: City Council approved Negative Declaration No. 87-21 on August 3, 1987. FUNDING SOURCE: Due to the Orange County investment fund crisis, the County of Orange Grant for $341,205.00 and the SB 821, Regional Bicycle Trail Improvement Grant for $90,447.00 have been at least temporarily suspended. The City still has access to a State of California, Environmental Enhancement & Mitigation Grant for $398,581.00 to provide landscaping improvements within the project area. These funds are not eligible for bluff stabilization. ALTERNATIVE ACTION: Award the contract to the low bidder, Terra -Cal Construction, for $556,817.35. This action would require that the City appropriate approximately $214,000 in City funds in addition to the $398,581 in state grant funds to cover the construction cost of the project and up to 10% in possible change orders. In addition, improvements adjacent to the blufftop edge such as the new railing and lighting would be subject to on -going damage and repair as the bluff continues to erode. ATTACHMENT: 1. Project location map DAW: 0007121.01 DEPARTMENT •WORKS Bid bonds received Dated November 29, 1994 2:00 PM CC-801 BLUFF TOP PARK PHASE 6 Engineer's Estimate $802,796 Engineer: Dave Webb BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT $ �1 07, / 0 . 3 c 1 Advanced Construction ' 0 716. 3-0 2. American Landscape, Inc. $ 3. Artistic Landscape 5, 3 /, ay 4. Bo ark Enterprises �Z-?G 7. $ 5. Carlsons Landscaping $ 6. CraneVe or Cor oration 7. Cresta Verde 8. Ecology Construction Inc. 6 , a5 $ 9. Hondo $�3����� oa 10. Karleskint-Crum, Inc. 7 • o o 11. Mariposa. Horticulture Enterprises 714 6 9 S 12. llrsicon Engineering $�3�, 13. Plaza Landscape 7 7/ 516 • 7/ 14. SLCI 15. Secure Technology $ 16. South Shores Landscape $ 5-59 o / '7 , 17. Terra -Cal Construction. 57 6 575. Page one Bid List CC-801 Page two $ 9,371, 18. Valley Crest Landscape 5 UZ y3 . 19. Wakeham-Baker, Inc. 6 l 20. 21. 22. 23 Pilo: G cc-80lbidlist SECTION A NOTICE INVITING SEALED BIDS �� 7 for the BLUFF TOP PHASE 6 CASH CONTRACT No. $Dj in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on November 29, 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $50.00 nonrefundable fee. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance A-1 w with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of GO days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 18th day of April, 1994. Attest: Connie Brockway CITY CLERK OF THE CITY UF HUNTIN T BEA H me, !??I.r� Sfi►�ct WN fi N9 ¢on Beta CA, C09 A-2 PROTECT BID SCHEDULE BLUFF TOP PHASE 6 - Rain Estimated Item with "t price ..Unit Price `Extended No .. Quantity:; wrstt in words> Amount 1. 1 L.S. Clearing and grubbing Dollars S $ Cents 2. 4320 L.F. Temporary C.L. fencing with any required gates ® Dollars S S Cents 3. 522 C.Y. Removal of A.C. paving and base (9') Dollars S S Cents 4. 2 EA. Relocate concrete beaches ® Dollars S S Cents 5. 4 EA. Relocate trash receptacles ® Dollars S S Cents 6, 5 EA. Remove, box and store palms ® Dollars Cents CAS $ 1$ Item Estunaied pn item witl;`Um .ce Unit Price Extended No Quaahty : ;:. wnttea m:worde ... - ;Amount 7. 12 EA. Remove dead palms ® Dollars Cents S S 8. 19 EA. Removal of light standards at Bluff edge (base to remain) ® Dollars $ S cents 9. 600 L.F. Remove redwood header ® Dollars S S Cents 10. 40 L.F. Concrete header removal (� Dollars S S Cents 11. 131,545 Finish grade S.F. ® Dollars S S Cents - 12. 1,170 L.F. Concrete banding 6" x 8" ® Dollars $ S is 13. 180 L.F. Concrete header 6" x 6" C� Dollars S S --Cents C-2s . . .. ....... ... . Item Estimated item wi unit A Unit Piicx::::.:: ............. .. . .... ...... . .. ............. ...... .. .... Dollars 1 $ 1 $ 15. 2175 S.F. Concrete paving at picnic tables @ Dollars $ --jCents 16. 2931 S.F. Interlocking pavers on sand on V PCC sub -base @ Dollars --Cents 17. 4740 L.F. P.V.C. guardrail (42" high) Dollars --Jcents 18. 9 EA. Concrete picnic tables Dollars $ is 19. 1 EA. Traffic control gate w/ signage per detail Dollars $ --r-ents 20. 1 L.S. Electrical/lighting system Dollars $ $ Cents C-3s Stem Estimated: Item with-ud price .: Unit Price Extended tt 21. 115 L.F. 4" P.V.C. Sch. 40 dminline ® Dollars $ $ rents 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron grates ® Dollars rents 23. 131,545 Soil preparation S.F. ® Dollars $ $ rents 24. 57,500 Ground cover - Myoporum S.F. ® Dollars $ $ rents 25. 9,700 S.F. Ground cover - Gazania ® Dollars S $ Cents 26. 1,800 L.F. Redwood header ® Dollars S $ rents 27. 64,345 Turf (hydroseeded) S.F. ® Dollars $ $ __rents C-4s = I#em Estimated 1~tem witli'ismf gripeMO. Unit Price: Extended No LCZisaaty watts txt words Amoiuit 28. 1230 L.F. Palm trees (B.T.H.) including sumps. (B.T.H.) (101 EA.) ® Dollars $ rests 29. 5 EA. Replant palm trees including sumps ® Dollars $ $ rents 30. 1 EA. Install relocated bike rack ® Dollars $ $ Cents 31. 131,545 Irrigation System S.F. Dollars $ $ rents 32. 1 L.S. Maintenance of entire project site during 80 Working day construction period including existing landscape and irrigation $ $ ® Dollars refits 33. 1 L.S. 120 consecutive calendar day maintenance period of entire project site after completion of construction $ S ® Dollars rents C-5s I TOTAL AMOUNT BID IN FIGURES: $ TOTAL AMOUNT BID IN WORDS: Cents TOTAL AMOUNT ALTERNATES IN FIGURES: $ TOTAL AMOUNT ADDITIVE ALTERNATES IN WORDS: TOTAL BID AMOUNT IN FIGURES: S TOTAL BID AMOUNT IN WORDS: C-6S SECTION A NOTICE INVITING SEALED BIDS for the BLUFF TOP PHASE 6 CASH CONTRACT No. M in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on November 29, 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $50.00 nonrefundable fee. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance A-1 with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 1 Sth day of April, 1994. Attest: Connie Brockway MY CLERK OF THEITY OF HUNTINGTON BEACH A-2 PROJECT BID SCHEDULE BLUFF TOP PHASE 6 :Item Esttmated fiem with unit price Unit Price Rxteicled No Quanttty :: wntt in wards: Amount 1. 1 L.S. Clearing and grubbing ® Dollars S S Cents 2. 4320 L.F. Temporary C.L. fencing with any required gates ® Dollars S Cents 3. 522 C.Y. Removal of A.C. paving and base (9") Dollars Cents 4. 2 EA. Relocate concrete benches ® Dollars s s Cents S. 4 EA. Relocate trash receptacles ® Dollars Cents 6. S EA. Remove, box and store palms Dollars Cents C-Is it Estimated Item=with iiait price Unit Price Extended No. Quantity written tii;worde Amount 7. 12 EA. Remove dead palms Dollars S S Cents 8. 19 EA. Removal of light standards at Bluff edge (base to remain) ® Dollars S S Cents 9. 600 L.F. Remove redwood header ® Dollars S S Cents 10. 40 L.F. Concrete header removal Dollars S S Cents 11. 131,545 Finish grade S.F. ® Dollars S S Cents 12. 1,170 L.F. Concrete banding 6" z 8" ® Dollars $ S Gents 13. 180 L.F. Concrete header 6' z 6' ® DoIlars S S is C-25 15. 2175 S.F. Concrete paving at picnic tables Dollars S rents 16. 2931 S.F. Interlocking pavers on sand on 4" PCC sub -base S S ® Dollars ---Cents 17. 4740 L.F. P.V.C. guardrail (42' high) ® Dollars $ S ran" 18. 9 EA. Concrete picnic tables 2 Dollars S S Cents 19. 1 EA. Traffic control gate wl signage per detail ® Dollars S S rents 20. 1 L.S. Electrical /lighting system Dollars S Cents C-3s Item W Item with utut price Unit Price Extended . : wntten is words.; Aimouat 21. 115 L.F. 4' P.V.C. Sch. 40 drainline ® Dollars $ $ Cents 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron grates S � ® Dollars rent` 23. 131,545 Soil preparation S.F. ® Dollars $ $ —Cents 24. 57,500 Ground cover - Myoporum S.F. ® Dollars $ $ Cents 25. 9,700 S.F. Ground cover - Gazania Dollars $ $ Cents 26. 1,900 L.F. Redwood header ® Dollars $ $ (`ants 27. 64,345 Turf (hydrosesded) S.F. ® Dollars $ $ • f ents C-4s 29. 5 EA. Replant palm trees including sumps ® Dollars S $ rents 30. 1 EA. Install relocated bike rack ® DoIlars S $ rents 31. 131,545 Irrigation System S.F. (� Dollars $ $ rents 32. 1 L.S. Maintenance of entire project site during 80 working day construction period including existing landscape and irrigation S S Dollars --Cents 33. 1 L.S. 120 consecutive calendar day maintenance period of entire project site after completion of construction S S ® Dollars Cents C-5s rP„ts TOTAL AMOUNT BID IN FIGURES: $ TOTAL AMOUNT BID IN WORDS: 11 ADD ALTERNATIVES II TOTAL AMOUNT ALTERNATES IN FIGURES: 11 $ TOTAL AMOUNT ADDITIVE ALTERNATES IN WORDS: TOTAL BID AMOUNT IN FIGURES: $ TOTAL BID AMOUNT IN WORDS: C-65 PROJECT: Blufftop Park Landscape Improvements, CC-801 PROJECT DESCRIPTION: Construction consists of landscape and irrigation improvements, removal and replacement of existing safety railing and lighting system along with minor asphalt concrete trail construction. PLANS & SPECIFICATION AVAILABLE/FEE: Wednesday, November 9, 1994 Pick-up $50.00 (non-refundable) CONTRACT TIME: Construction shall be completed in 80 consecutive working days, followed by a 120 consecutive calendar day maintenance period. ENGINEER'S ESTUMATIE;: $902,796 BID OPENING DATE: Tuesday, November 29, 1994 in the City of Huntington Beach Council Chambers @ 2:00 p.m. BONDING: a) Bid bond (or check) b) Labor and Materials c) Faithful Performance: d) Warranty CONTACT PERSON: 10% of bid price 100% to City 100% to City 100% to City, (warranting work for a period of one year). David A. Webb (project manager), (714) 375-7077 APPROVED BY CITY CQUNCIL G/1) /- 41" pa) 19,&IEQUEST FOR COUNCIL ACTION Date: November 7, 1994 Submitted to: Honorable Mayor and City Council Submitted by: �QynMor �ichael T. Uheruaga, City Administrat Prepared by: ' li•ay Silver, Acting Director of Public Worksa7P✓ Assistant City Administrator Subject:: BLUFFTOP PARK PHASE VI IMPROVEMENT PROJECT; CC-801; AUTHORIZATION TO ADVERTISE Consistent. with Council Policy? I x I Yes I I New Policy or Exception Statement: of Issue. Recommendation. Analysis, Funding Source, Alternative Acr.ions, Arxachments: STATEMENT OF ISSUE: Plans and specifications for the Blufft:op Park, Phase VI Improvement: Project, between Golden West: Street and the northern City limit, are complete and are ready for council approval and project. bidding. RECOMMENDED ACTION: Approve t:lie plans and spocifications and authorize the Director of Public Works to solicit bids for the Blufft:op Park Phase VI Improvement: Project, CC-801.; and 2. Approve the att:aclied sample construction contract., subject to award of contract to the Council approved lowest:- responsive bidder. ANALYSIS: Since 1987, an ongoing effort: has been made by the City to develop and improve the beach blufftop area north of Colden West: Street. Staff has now completed the plans and specifications for the construction uc:tion of the Blufftop Park Phase V.1 Improvement Project:. This project: will complete the landscaping of the remaining abandoned oil island areas, complete the separation of the existing joint: use grail into two trails (a bicycle and pedestrian trail), replace the existing dilapidated lighting system and install a new PVC safety railing system. rl'he engineer's estimate; for this project is $792,380. ENVIRONMENTAL STATUS: Negative Declaration No. 8 7-21. was approved by City Council on August: 3, 1987. FUNDING SOURCE: No City funds will be required to construct the planned improvements. Sufficient; funds are available to construct this project. in the form of three grants that Public Works Staff has been successful in obtaining. These three grant: are: f �% / / 1 RCA: CC-801 10/25/94 Page 2 Source Amount County of Orange Grant 8341,205.00 State of California, l'nvironmontal Enhancement & Mitigation Grant S398,581.00 S13 821, Regional Bicycle Trail Improvement Grant. 590.447.00 Total funds available ALTERNATIVE ACTION: $830,233.00 Deny approval of plans and specifications and do not: go out to bid. This action would most likely result: in a forfoit:ure of at least: one grant (SB 821.), and possibly all three grant:s. ATTACHMENTS: 1. Project. location map 2. Sample contract MTU:RS:DAW: G:\CC801\RCA\801 R.CAOI .doc FC S� m Goo � ti O ?� B �'_:SA A'; E CO M :ACCEN ":;E. Z--CI\C=R - A`,— A —ALEEtT AVE. PACIFIC i� ELMS 'AVE. CARFIELD �( N O CCElAN r FT �.P PARK i N.T.s. PROJECT 405 5; G J AVE. ml r TO'd:N AVF. . I'd SAVE. A\4AsC.L S A,,'E. Y C _ Z -AN-AC• z I a VE. m Z M rvNv, _-- AV--. BANN NG PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH CEPARTMEN7 OF PUBLIC WCRKS SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR BLUFFTOP IMPROVEMENTS FROM GOLDENWEST STREET TO THE NORTHERN CITY LIMIT TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 8/agree/blutRopt/08/17/94 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR BLUFFTOP IMPROVEMENTS FROM GOLDENWEST STREET TO THE NORTHERN CITY LIMIT THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as blufftop improvements from Goldenwest Street to the northern CITY limit, including installing irrigation and landscaping improvements, repairing and separating bicycle and pedestrian trails, replacing the existing safety railing along the bluff edge and installing a new safety lighting system, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except 1 6/agree/blufftop108/17/94 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. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter 2 Wagreelblufftop108117194 of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE 3 8/egree/blufftop/08/17/94 The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change 4 6lagreelblufttop108117194 order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR 5 6/agreelblufftop/08/1 &94 shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. 6 61agreelblufftop108/18/94 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12, DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall 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; 7 Blagreelblurftop/08/18/94 (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by 8 Glagreelblufftopl08118I94 DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs 9 6/agree/blufftop/08/18/94 and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq, of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, 10 6/agree/blufftop/Oa/18194 subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. if coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 11 6/agree/blufftop/08118/94 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 12 61agreelblufflop108118194 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 13 6lagreelblufftopl08l18/94 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/President/Vice President By: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. ity Attorney I-r9 ic Secretary - Treasurer INITIATED AND APPROVED: ATTEST: .K Director of Public Works City Clark �l � � 1 11 A � ! • 11 V17A/S 14 6lagree/blurftop108118/94 PUBLIC NOTICE_ SECTION A NOTICE INVITINQ SEALED BIDS for the BLUFF TOP PHASE 8 CASH CONTRACT Ne. 801 In tho - CITY OF HUWTINQTON BEACH PUBLIC NOTICE IS HERESY GIVEN that the CITY OF • HUNTINGTON BEACH, lie AGENCY, in- vites sonlod' bids for. the above -stated project and I will receive such bids in i the office of the City Clark, Second Floor, 2000 Main ' Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on Novem- bar 29, 1994. Bids will be I publicly open in the Coun- cil Chambers unless other- wise posted. Copies of the Plans Spec- Ifications, and contract documents, are available from the Office of the Di- rector of Public works, 2000 Main Street, Hunting- ton Beach, CA 92648, upon . payment of a $50.00 nonre- fundable toe. Any contract entered Into pursuant m this notice will incorporate the provisions of the State . Labor Code. Pursuant to the provisions ; of the Labor Code of the I State of California, the min- Imum.piavalling rate of per diem wages for each cratl. classification or type of workman needed to ex- ecute the contract shall be those determined by the Director of Industrial Rela- tions of the State of Califor- nia, which are on file at the Office of the Director of Public Works,, 2000 plain Street, Huntington Beach, CA 92640. The AGENCY will deduct a 10% retention from all Progreso payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- visions of the . California Government Code, Section 4590. The Contractor shall be beneficial owner of the surely and shall receive anv Interest thereon. Tire AGENCY hereby at- firmatively ensures that ml- nority business enterprises will bo afforded full Opp-- portunity to submit bids lh response to this notice and will not be discriminated ' against on the basis of race, Color, national origin, ancestry; sex, or religion In any consideration loading to the award of contract. No bide shall be consid- ered unless It Is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid • must be So- companled by a certified check, cashlor's cheek, or bidder's bond made pay. . able to the AGENCY for an amount no loss than 10% of the amount bid. -PUBLIC -NOTICES The successful bidder shalt be licensed In ac- way, CITY CLIERK'OF cordance with provisions of THE CITY OF HUN- the Business and Profes- I TINOTON BEACH lions Code and shall pos- RODO Main Street, sess a State Contractor's Huntington Beach, CA' License Class at the time ihi9 contract is awarded. published Huntington . The successful 'Contractor Boach-Fountain Valley (n- and his subcontractors will dependent November 10. be required to possess ' 24, 1994. business licenses from the j17, 112.317 AGENCY. I —' The AGENCY reserves the right to reject any or all I bids, to waive any irregular- ity and to take all bids under advisement for a maximum period of 60 days. By ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA the 18th day of April, 1994. Attest. Connie Brock- HUNTINGT(hN BEACH + FOUNTAIN VALLEY I ndependent THE NEWPORT BEACH • COSTA MESA PILOT Client Reference # '-, 7—/ x J/ Independent Reference T - J1 Dear Advertisers: Enclosed please find clippi g of your ad from the first publication, beginning � If you need any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ a- Od Thanks for your cooperation and patronage. Sincerely, Gudyv tting Manager .Legal Advertising Manager 330 West Bay Street, Costa Mesa, CA 92627 (714) 642-4321 FAX (714) 631-5902 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) 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 HUNTNNGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said .newspaper to wit the issue(s) of: November 10, 17, 24, 1994 declare, under penalty of. -perjury, that the foregoing is true and correct. Executed on November 24 , 199 4 at Costa Mesa, California. Signature j PUBLIC NOTICE SECTION A NOTICE i INVITING SEALED _ BIDS for the BLUFF TOP PHASE f . 8 CASH CONTRACT j No. 801 In the I CITY OF - ` HUNTINGTON BEACH ! PUBLIC NOTICE IS 'HEREBY GIVEN that the .CIT.Y OF HUNTINGTON 'BEACH, as AGENCY, in- vites Sealed bide for the above -stated project and .wrrf receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, ,Calilornla 92648, up to the hour of 2:00 PM on Novem- ber 29, 1994. Bids will be publicly open In the Coun- cil Chambers unless other- wise posted. . Copies of the Plans Spec- ificaifons, and contract documents, are available from the Office of the Di- rector of Public Works. 2000 Main Street, Hunting- ton Beach, CA 92648, upon payment of a $50.00 nonre- fundable fee. Any contract entered Into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the min- imum prevalling rate of per diem wages for each craft, classification or type of workman needed to ex- aCute the Contract shall be those determ:ned by the Director of Industrial Rela- tions of the State of Califor- nia, which are on, file at the Office of, the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92848. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may- substitute an escrow holder surely of equal value to the retention In accordance with the pro- vis,on9 of the Cai,lornia Government Coda, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. - The AGENCY -hereby .if. flrmatively ensures that mi• nority business enterprises will be afforded full op- Porlunily to submit bids In response to this notice and Wif not be disc►)minaled . against on the basis of race, -color, natfonal origin, - ancestry, sex, or religion In any consideration leading 10 the award of contract. No bid shall bo consid- erod unless it is prepared On the, approved Proposal forms in conformance with the Instructions to Bidders. The bid must be ac- companied by a cerrifed check, cashier's check, Or bidder's bond made pay- able to the AGENCY for an amount no less than 10% Of the amount bid. The successlul bidder shall be. licensed in ac-. cordance with provisions of the Business and Profes- sions Code and shall pos- sess a State Contractor's Ucense Class at the time this contract Is awarded. The successful Contractor and his subcontractors will be requlrod to possess business licenses from the . AGENCY. The AGENCY reserves the right to reloct any or all bids, to waive any irregular- ity and to lake all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA the 18th day Of April, 1994. .Attest: Connie Brock- way, CITY CLERK OF THE CITY OF HUN• TINGTON BEACH -2000 Main Street, Huntington Beach, CA Published Huntington Besch-Fountain Valley In-. depandent November 10, 1111, 24, 1994. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) l am a Citizen of the United States and a resident of the County aforesaid; l 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 HUyT1NGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a tree and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: November 10, 17, 24, 1994 I declare, Under penalty of ''perjury, that the foregoing is true and correct. Executed on November 24 199 4 at Costa Mesa, California. Signature PUBLIC NOTICE SECTION A NOTICE INVITING SEALED BIDS for the BLUFF TOP PHASE 8 CASH CONTRACT No. 801 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON .BEACH, .as AGENCY, in- vitee sealed bids for the above -stated project and will recelve such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach. California 92648, up to the hour of 2:00 PM On Novem- ber 29,.1994. Bids will be publicly Open In the Coun- cil Chamber. unless other- wlse posted. Copies of the Plans Spec- Iflcatlons, and contract documents, are available from the Ofticr.�ol the 01- rector of Public Works, 2000 Main Street, Hunting- ton Beach, CA 92648, upon payment of a $50.00 norre. fee. Any contract entered into pursuant to this notice will Incorporate. the provisions' of the State Labor Code. Pursuant to the provisions I of the Labor Code of the I State of California, the min- imum prevailing role 01 per i diem wages for each craft. classification or type of workman needed to ex• acute the contract shall be those determined by the I Director of Industrial Rela. lions of the State of Califor- nia, which are on tale at the Office of the Director of Public Works, 2000 fAain Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor ma substitute an escrow holder surety Of equal value to the tatention in accordance With the pro- visions of the California ' - Government Code, Section 4590. The Contractor shall be benaficiai owner of the surety and shall receive Tire AGENCY hereby af- frmativoty ensures that mi- nority business enlerpriaes will be afforded full oQ- portunity to submit bids in - resporisa to this notice and will not be discriminated against on the basis of race. color, national origin, ancestry, sex, or religion in any consideration loading to the award of contract. No bid shall be cons;d. orod unless it is prepared on the approved Proposal forms In conformance with the Instructions to Bidders. The bid must be ac- companied by a certified Check, cashior's check, or bidder's bond made pay- able to the AGENCY for an amount no less than 10% Of the amount bid. The successful bidder shall be licensed in ac- cordance with provisions of the Business and Profes- sions Code and shall pos- sess a State Contractor's License Class at the time this Contract is awarded. The succossful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. - The AGENCY reserves the rl'ht 10 reject any or all bids, to waive any Irregular- ity and to take all bids. under advisement for a maxlmum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA the 18th day of April, 1994. Attest: Connie Brock- waV, CITY CLERK OF THE CITY OF HUN- TINGTON BEACH 2000 Main Street, . Huntington death, CA Published Huntington Beach -Fountain Valley In- dependent November 10, 17, 24, 1994. a Bids received • ��C�, Dated a November 29, 1994 2:00 PM CC-801 BLUFF TOP PARK PHASE 6 Engineer's Estimate $802,766 Engineer: Dave Webb BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 2 $607,179.45 1 Advanced Construction $ 2.. American Landscape, Inc. 3. Artistic Landscape 8 $702,267.84 4. Bo ark Enterprises 5. Carlsons Landscaping 6. CraneVe or Corporation 7. Cresta Verde 3 $623,526.05 8. Ecology Construction Inc. 9. Hondo 6 $638,264.00 10. Karleskint-Crum, Inc. 9 $1,412,505.08 11. Marip osa Horticulture Enterprises 12. Micon Engineering 5 $631,756.80 13. Plaza Landscape $ 14. SLCI 15. Secure Technology 16. South Shores Landscape. 1 $556,817.35 17. Terra -Cal Construction. Page one Bid List CC-801 Page two 7 $649,370.58 18. Valley Crest Landsca e 4 $629,649.00 19. Wakeham-Baker, Inc. $ 20. 21. 22. $ 23 Mle: G cc-801bidlist CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we and American Casualty Company of Reading, Pennsylvania the City of Huntington Beach In the sum of Ten Percent of the Total Amount Bid for the payment of which we hind ourselves, our legal Jointly and severally, firmly by these presents. for Mariposa Horticultural Enterprises, Inc. , Principal, Surety, are held and firmly bound unto , Obligee, ----- ------- Dollars ($-------10%--------- ) representatives, successors and assigns, WHEREAS, Principal has submitted or Is about to submit a proposal to Obligee on a contract Bluff Top Phase B NOW, THEREFORE, If the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter Into the contract in writing and give such bond or bonds as may be specified In the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain In full force and effect. Signed, sealed and dated November 29, 1994 0-2:105e-C CNA _ lee all the Cwmmkmenu Yea K&ft• Mariposa Horticultural Enterprises, Inc. (Print pal) by (Seal) American Casualty Company of Reading, Pennsylvania (Surety) by J ffr y R. Gryd6 Attorney -in -Fact Amerloan Casualty Company of Reading, Pennsylvania c7ra- For All the Commitments You Makes Off Ices/Chicago, Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY -IN -FACT Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, acorporation dutycrganlzed and existing under the laws of the Commonweallh,ol Pennsylvania, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint of Its true and lawful Altornay-In•Fact with full power and authority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings and other obligatory instruments of similar nature and to bind AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA thereby as fully and to the same extent as It such Instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of Bald Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney Is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI —Execution of Obligations and Appointment of Altomeyln-Fact Section 2. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates alto rneye-in-tact to act in behalf of the Company In the execution of policies of Insurance, bonds, undertakings and other obligatory Instruments of like nature. Such attorneys -in -fact, subject to the llmltatlons set forth In their respective certificates of authority shall have full pourer to bind the Compan by their signature and execu- tion of any such Instruments and to attach the seat of the Company thereto. The President or any Executive, Senloror Group Vice Presi. dent may at any time revoke all power and authority previously given to any attomeyIn-fact: This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so ex- ecuted and sealed and certified by certificate so executed and sealed shall with respect to any bond orundartaking to which it Is attach• ed, continua to be valid and binding on the Company." In Wllness Whereof, AMERICAN CASUALTY COMPANY OF READING, PE YLVANIA has caused th se prQSanta to be sign d by its Group Vice President and Its corporate seal to be hereto affixed this day of arch , 11t�. State of Illin ok J as owte_*i AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA County C onnahme Group Vice President. On this 30th day of , 19 A , before me personally came M. C. Vonnahme, to me known, who, being by me duly swom did depose and say: that he resides in the Villaga of Downers Grove, Slate of Illinois- that tie is a Group Vice President of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, the corporation described In the which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to i e said instrument Is such corporal:4 seal; that It was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ^Nonm." 'JOUL in Linda C. De sey Nola Public. c°°k6a My Commission Expires Octob�tha r 994 CERTIFICATE I, George R. tiobaugh, Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, do certl he Power of Attorney herein above set forth Is still in force, and further certify that Section 2 of the Article VI of the By -Laws of the mpany and the Resolution of the Board of Directors, set forth in said Powerof Attorney are still In force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 29th day of November .1994 any 31 George R, abaugh Assislanl S to . B-23142•a "� iNY. U•99202•t] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On _ November 29, 1994 before me, L. W. Rudd, Notary Public DATE NAME. TITLE OF OFFICER - EA,'JANE DOE. NOTARY PUBLIC' personally appeared Jeffrey R. Gryde NAAdEIsy or sIc,NEAlsI LRI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the Instrument the person(s), RUDD or the entity upon behalf of which the ,037133 �r 3;';,'.;�� �� TM n person(s) acted, executed the Instrument. Ora„•.larati S. 1997 WITNES y icial seal. SIGNATURE OF NOTARY OPTIONAL Na 6007 Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudutent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E?SI ❑ PARTNER(S) ❑ LJMrTED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ (3tJARDIAWCONSERVATOR ❑ OTHER: SIGNER Is FIEPAESENTINO: NAM OF WASON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsy vanla DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(5) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 0 8236 Rommel Ave.. P.O. Box 7184 - Canoga Park, CA 91309-7184 CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we BOPARK ENTERPRISES, INC. Principal, and CONTINENTAL CASUALTY COMPANY Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH Obligee, In the sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID -------------------- Dollars ($ lox OF BID AMOUNT for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for "BLUFF TOP - PHASE 6, CASH CONTRACT #801" NOW, THEREFORE, If the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated NOVEMBER 21, 1994 pARg ENTERPRIS , INC. (Seal) Princ fpal Tc-fs. G•23054•A CONTINENTAL CASUALTY COMPANY by Attorney -in- act CNA For All the Commitments You Nape• DWIGHT REILLY STATr- OF CALIFORNIA SS. COUNN Y OF QBANNG>F ----- -- — On NOVEMBER 21 1994 , before me, J • JOHNSTON PERSONALLY APPEARED personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal - Sign a OPTIONAL DWIGHT REILLY w-ary Pu'j`ic California M C,9A;NGe COUNTY Nfly Camrission Exp. 10/22/97 This area for Official Notarial Sea[ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 1 INDIVIDUAL C CORPORATE OFF[CER TrrLE:S1 ❑ PARTNER(S) ❑ LIMITED 01 GENERAL 01 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR El OTHER: SIGNER IS REPRESENTING: NAME OF PERSONISI OR ENTITY(tES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERIS) OTHER THAN NAMED ABOVE 10-081 iR... 5/94 ALL-PURPOSE ACKNOWLEDG ENi PENT Continental Casualty Company JVA %Fl For A11 the Commitments You Make' AN ILLINOIS CORORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and Stale of Illinois, and haveng its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint Dwight Reilly, Inds vidual ly of Aliso Viejo, California Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as If such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney Is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. - "Article IX —Execution of Documents Section 3. Appointment of Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act In behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory Instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full powerto bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at anytime, revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and bthe authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 1Xh day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be'affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUAI2WaGOMPANY has caused these presents to be signed by its Group Vice Presid and Its corporate seal to be hereto affixed this day of may _ , 19% State of Illinois 0G.S. CONTINENTAL CASUALTY COMPANY County of Cook 53 M. . Vonnahme Group Vice President. On this 2nd day of May .19 94 , before me personally came M.C. Vonnahme, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Downers Grove, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY 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 pursuant to the said Instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. JNOTARY PIiBLIC ��ZIF C'004 ��. Linda C. Dempsey N CO., I4y Commission Expires cto rPIN99 CERTIFICATE I, John M. Littler, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do certify that the Power of Attorney hWiin above set forth Is still In force, and further certify that Section 3 of the Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth In said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 21ST day of NOVEMBER 94 D'i3 JohnAssistant Secretary. Form 1.23142•B INV. NO.G-5e623-C Wausau Insurance Companies A Member of the Natlonwide00roup Bid or Proposal Bond KNOW ALL MEN BY THESE PRESENTS: 71,at We, Valley Crest Landscape, Inc. Any corrupondence in relation to this bond should be directed to: BOND DEPT WAUSAU INSURANCB COMPANIES PO BOX 8017 WAUSAU Wl 54402-8017 (hereinafter tailed the principal), as principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation orgaaized and doing business under and by virtue of the laws of the State of Wisconsin, and duly licensed for the purpose of making, guamntwbS or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety, am held and firmly bound unto City of Huntington Beach (hereinafter tailed the Obligee) in the just and full sum of Ten Percent of Amount Bid---- — ------ Dollars ($ 101 ) 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 heirs, executors, administrators and each of out successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal for the Bluff Top Phase 6 Cash Contract No. 801 In accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be sccepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and scaled this 21st day of November 1994 Valley Crest Landscap9l Inc. (3+.0 $Y EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Surety (SeaQ By Scott Salandi, (Pr) 815-4229.1 1-92 All -Purpose Certificate of Acknowledgement Midis -roses. State of California County of Los Angeles On November 21, 1994 before me, C.F. Javier, Notary Public DAT! NAM$ T nu op o"=A - 14. •IAMB DM NQTAAY nFOUC personally appeared Scott Salandi N"IKS) OP S M"o) ' 9 personally known to me - OR ❑ - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged - to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the ,., C. F. j.*4 TER person(s) acted, executed the instrument. COM `� r+_T,�v r iC-CA.L,-..0Pj,.A 'i- T `} ;,' � E5 cCr]Y witness my hand% and official seal. _OS -r' jv,-i CC. .i T ZGNAWKI OF NWASY "rough the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT(S) ❑ individual(s) ❑Corporate 1:10mcer(s) nTT�eisl ❑ Partncr(s) ®Attomey-in-fact ❑Trustce(s) ❑Subscribing witness ❑Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING: NAM! OF MSON(S) OS VMTYI»1 Employers Insurance of Wausau A Mutual Company a Z Z a P_ EMPIDYERS INSURANCE OF WAUSAU A mutual Company POWER OF ATTORNEY (FOR BID BONDS ONLY) KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company. a corporation dul'v organized and existing under the laws of the State of Wisconsin. and having its principal office in the Cite of Wausau. County of Marathon. State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint SCOTT SAL4NDI its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute. Y seal, acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUARAN. Z TEES OR IN THE NATURE THEREAFTER -------------------------------------------- 0 w cc ana to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, seated with Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. This powerof attorney isgranted pursuant to the following resolution adopted by the Board of Directors of said Company at a w meeting duly called and held on the 18th day of May, 1973. which resolution is still in effect: CL "RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF Q WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A p Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, Z and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach y thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company" pw"FURTHER RESOLVED,that the signaturesof such officers and the seal of EMPLOYERS INSURANCE OFWAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile. and 1 any such powerof attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding Z upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect w to any bond, undertaking or contract of suretyship to which it is attached:' ez IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be Q signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this IST day of _FEBRUARY , 19 94 , %`ro■��f i EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Z '5fALE By J. Stephen Ryan Vice President r Attest: w z 0 R. J. Besteman Assistant Secretary STATE OF WISCONSIN ) Q ) as. u- COUNTY OF MARATHON ) 0 On this 1ST day of FEBRUARY , 19 94, before me personally came J. Stephen Ryan , to me known, who being by me duly sworn, did depose 2� and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which p executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so IL affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have to set my hand and affixed my official seal the day and year herein first above written. Q > Q tit ` - Patricia A. Kleman Notary Public O NOTARY PUBLIC STATE OF WISCONSIN h4Y COMMISSION EXPIRES MAY 29. 1994 T STATE OF WISCONSIN 1 CERTIFICATE CITY OF WAUSAU 1 ss. COUNTY OF MARATHON 1 I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH M UST CONTAIN A VALIDAT- ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Sighed and sealed in the City of Wausau, Marathon County, State of Wiscon in. this 21st day ofNovember �Y ��,•ro■+fR. J. Besteman Assistant Secretary =SEAL NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, CALL TOLL FREE (800) 826.1661. (IN WISCONSIN. CALL (800) a 7.2.0041) 815-4222-1 1092 V CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On _November 29 1994 before me, John E. Batina DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC" personally appeared Charles W. deGa mo _ NAMES) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �� CO A#"I Natant Rbic — CIdit to ORANGE COUNTY OwCorm. JUN 18.1997 WITNESS my hand and official seal. r SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) V1ey Crest Landscape, Inc, TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 BOND NO. GE5643966 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we KARLESKINT CRUM, INC. as PRINCIPAL, (hereinafter called the Principal), and GULF INSURANCE COMPANY ,a corporation duly organized under the STATE OF MISSOURI and authorized to transact a general surety business in the State of CA as SURETY, (hereinafter called the Surety), are held firmly bound unto: CITY OF HUNTINGTON BEACH as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal; not, however, in excess of Eighty Thn„cnnd and r ! 00 r c _ _ dollars, a• ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executor's` administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: BLUFF TOP PHASE 6. CASH CONTRACT NO.801 NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Cettifiad Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this 22ND . day of NOVEMBER 19 94. KARLESKINT CRUM,�INNCC. By po" GULF INSU W CE COMPANY Principal BY- � tik�l KE14NETH A. COATE Attorney -in -Fact CAa.IFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFC*MUA County of o-• eP . On 11 22 94 before me, DATE personally appeared VE[ MCA L. PRATT, NOD= PMIC NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC- KENN H A. COIATE NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ to be the personH whose name fsj• isMrw subscribed to the within instrument and ac- knowledged to me that here executed the same in MSS k e authorized capacity(•i•ee*, and that by his heOth✓iVORNU : signature( on the instrument the person(�s), 4MV414 or the entity upon behalf of which the Notay �-C�fwk person(M acted, executed the instrument. MV Comm, 6098 AtfO X100a WITNESS my hand and official seal. SIGNATURE OF NOTARY 100, OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT BID BOND ONE TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 11/22/94 DATE OF DOCUMENT PRINCIPAL SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 GULF INSURANCE COMPANY KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGIi\ALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK, DUPLICATES SHALL. HAVE THE SANE FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSLFED IN CONJL�ICTIOY ii7TH THE ORIG( AL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- Qany, a corporation duly organized under the laws of the State of 4lissouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the loth day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or anv Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys) -in -fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Sea] of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint NUMBER GE 5643966 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP KARLESKINT CRUM, INC. j PO BOX 5358 I SAN LUIS OBISPO, CA 93403 EFFECTIVE DATE 11/22/94 CONTRACT AMOUNT $ BOO, 000.00 BONDAMOUNT L$ s01000.00 KENNETH A. COATE OF RIVERSIDE, CA its true and lawful attornev(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds andror undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed, \aSuFANCe CC GULF INSURANCE COMPANY a GOa,PORar� '�q Y " SEAL ass s OAP\ STATE OF NEWYORK } Christopher E. Watson } SS President COUNTY OF NEW PORK ) On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides In the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seat of said corporation; that the seal affixed to the said instruments Is such corporate seal; that 11 was so affixed by order of the Board of Directors of sold corporation and that he signed his name, thereto by like order. a . David Ja('fa No.244958634 STATE OFNEW'YORK ) Qualified in Kings County SS Comm. Expires November 13, 1995 COUNTY OF NEW YORK ) 1, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. SVRANCp C Signed and Scaled at the City of New York. 4 �xyUOPpORar� co, " SEAL Dated the 22ND day of NOVEMBER , 1994 NSSO130 Lawrence P. Miniter Senior Vice President BID OR PROPOSAL. BOND KNOW ALL MEN BY THESE PRESENTS: That We, PLAZA LANDSCAPE, INC. (hereinafter called the Princ(pal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) In the just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ---------------- Dollars ($ 10x OF BID AMOUNT ) 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 heirs and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, ;s about to hand in and submit the Obligee a bid or proposal for the"BLUFF TOP PHASE 6, CC #801" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter Into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 22ND day of NOVEMBER , 19 94 PLAZA LANDSCAPE, INC. WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF A TTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Comppny, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN RLUME JENNIFER JOHNSTON, MICHAEL A. QUIGLEY AND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney (s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1 - The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in - Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY WHEREhington International Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by id'fii�er, this 2nd day of November, 1994. oRPORATE% SEAE +� Y� ARIZONA •: q�-0 STATE OF ILLINOIS COUNTY OF COOK) SHINGTON INTERNATIONAL INSURANCE COMPANY D. Sterrett, Chairman of the Board On this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, being by me duly sworn, said that he is the therein described and jauthorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. ',OFFICIAL S>:AL" S f� CHRISTINE ZARETSKY � �,r ti^tary Pubft, State of l(lino:s �{ ,st(ne Zaretsky, otar Public 1,1y Centn-ss'cn F'Oes 10-7-96 ) My Commission E ires ctober 7 1996 CERTIF�ISAE►'-r--Y �- STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook2Dated he22ND day of NOVEMBER , 19 94 Lewis M. Moeller, Secretary 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _ County of CALIFORNIA ORANGE On NOVEMBER 29, 1994 before me, CHERYL ANN MACKAY DATE NAME, TITLE OF OFFICER - E-G., -JANE DOE. NOTARY PUBLIC' personally appeared PHILLIP FIELDS NAME(S) OF SIGNER(S) ' ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), .or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL CHERYL AHM MACKAY Notary Public California ORANGE COUNTY My Commission UP.12/27t% WITNESS my hand and official seal. 1 _ SIGNATURE OF NOT OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER PRESIDENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING - NAME OF PERSON(S) OR ENTITY(IES) PLAZA LANDSCAPE, INC. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - B236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7164 STATE OF CALIFORNIA ' SS. COUNTY OF ORANGE On NOVEI!iBER 22, 1994 , before me, PERSONALLY APPEARED personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. signa � rho OPTIONAL J. JOHNSTON •`�` t _ CALM. V1007624 Notary Public California m ORANGE COUNTY .. ir'cy Commission Exp. 10/22/97 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ME(% ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYPES) DESCRIPTION OF ATTACKED DOCUMENT TITLE OR TYPE'OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I13-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT r lrlSC�r DEVELOPERS INSURANCE COMPANY BID BOND 130ND NO. 50415 — 50415-107 1 KNOW ALL MEN BY THESE PRESENTS, That we, WAKEHAM—BAKER, INC. as Principal, and DEVELOPERS INSURANCE COMPANY, a California corporation authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNINGTON BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars, ($ 10/ OF BID ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for BLUFF TOP -PHASE VI NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee forthe faithful perfor- mance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 23rd WAKEHAM—BAKER, INC. �1i day of NOVEMBER DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine r..n ifnrnin Q971 d (714 By: 19 94 . 01 035 10/93 GENERAL 1310 BOND STATE OF CALIFORNIA SS. COUNTYOF RIVERSIDE On _., IV1D�. gmn� 64�_ 2 _t K, , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the irstrument. WITNESS my hand and official seal. &_ Signature OPTIONAL .-.. ROSEMARY STAPDLEY, C S.% 06 45S x g . eNPOGO- Cat)tcmia No COUNTY c This area for Official Rrotariai Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTTER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT n ` POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N° 170280 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is Void unless the seal is readable, the text Is in brown ink. the signatures are in blue Ink and this notice Is in red Ink. 4. This Power of Attorney should not be returned to the Attorneys) -In -Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***Michael D. Stong, Rosemary Standley, jointly or severally*** the true and lawful Attorneys)-1n-Fact, to make, execute. deliver and acknowledge. for and on behalf of each of said corporations as sureties, bonds, undertakings and Contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorneys) -In -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said Corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorneys) -In -Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend 10 any of the following bonds• undertakings or Contracts of suretyship: Rank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial Institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the attorney(S) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the Corporation when so affixed and in the future with respect to any bond, undertaking or contract of Suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 191 day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By r ' ey ` DanftiF. Vincent[, Jr. J9ANY Dan F. Vincanti, Jr. President GO pPOA d,� 4?f C.Qr"?4� President - Pg pFOA �ry *�„Cjn z OCT. a olr O MAR 27. G o ATTEST 196T a ATTEST D noritgaM`'*d s��4r09L ��? \ A�A By— By /CwzWalter Crowell Waltell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1, 1993. before me, Tiresa Taafua, personally appeared Dante F. Vineenti, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose names) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized eapacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OFFICIAL. SEAL TIRESA TAAFUA NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY ' . Lilllm so 0 ' My Comniasion Exp. Aug. 4. 1905 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the loregoing and attached Power of Attorney remains In full forCe and has not been revoked: and furthermore, that the provislOns Of the resolutions of the respective f3aarrgs of Directors of said Corporations set forth in the Power of Attorney, aye In force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California, this Z� day of _.)D�i U�l L_I_ — —, 199Y INDEMNITY COMPANY OF CALIFORNIA �PAIN). aOe,�pP 0 40,C+ L.C. Flobiger Irk Senior Vice President s *lrroT ILI" ID-310 REV. 4/93 DEVELOPERS INSURANCE COMPANY sti 6 Up �PgOp40 A��'t' o • wAR 27, By o +erY ' .t. Flebiger Senior Vice President +rots+`err KNOW ALL MEN BY THESE PRESENTS; That We, ECOLOGY CONSTRUCTION INC. (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) In the just and full sum of _ TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID --------------- Dollars ($ 10% OF BID------- lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs and each of our successors and assigns, jointly and severally. firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the "BLUFF TOP, PHASE 6, CASH CONTRACT #801" in accordance with the plans and specifications Tiled in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 28TH day of NOVEMBER , ig 94 WASHINGTON INTERNATIONAL INSURANCE COMPANY By SHAWN BLUME, rney—in--Fact STATE OF CALIFORNIA SS. COUNTY OF ORANGE On i�OVEMBER 28, 1994 , before me, _ J. JOHNSTON PERSONALLY APPEARED SHAWN BLUME _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WTINI ESS my hand and official seal. Signa h �-- OPTIONAL �Q J. JOHNSTON COMM. #lW7524 n '' •" c..:-•n a _L "�'s'3ia tInt?ryPublicCalifornia W .�i. W ORANGE COUNTY .+ My Commission Exp. 10/22/97 This area for Offfcral Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONjSj OR ENTMY[ ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMSER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -Oa] Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY ` NOW ALL BY THESE PRESENTS: That the Washington International Insurance Comapny, a corporation organized and existing under the tws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN BLUME, JENNIFER JOHNSTON, MICHAEL A. 13UIGLEYAND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY s true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, :cognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or ermitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrumentis) in pursuance of these presents, hall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the ame has been duly executed and acknowledged by its President and its principal office. 'his Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. 'his Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, .July 1, 1980 and October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in - Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. !. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. V TESTIMONY WHEREO�t�y hhington International Insurance Company has caused this instrument to be signed and its corporate ;eel to be affixed by i F NvA V er, this 2nd day of November, 1994. 4 F A ••Soto• 141 •' • ��r 4,0 A5HINGTDN INTERNATIONAL INSURANCE COMPANY z ; CQ WRATF�: o ; SEAL : n 1 -1�,c,� • Nilliam D. Sterrett, Chairman of the Board STATE OF ILLINOISmk V * ?tb�`r :OUNTY OF COOK) T`Eq�4Z �a ]n this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; ghat the seal affixed to said instrument is the Corporate Seal of said Company; N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. j "DFFit1At SEAL" {� CHRISTINE ZARETSKY 1 11-tary Pu. lic. State of lilmois 6hristine Zaretsky, otaryPublic My C:nir ss'cn Exp'res 10.7-96 � My Commission Ex, ctober 7 1996 CERTIFs.16Ar1F'E•--�-�-'"� STATE OF ILLINOIS) -OUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article Ill, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now n force. Signed and sealed in the County of Cook. Dated he 28TH day of NOVEMBER 19 94 . ltl"2 Lewis M. Moeller, Secretary STATE OF ILLINOISmk V * ?tb�`r :OUNTY OF COOK) T`Eq�4Z �a ]n this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; ghat the seal affixed to said instrument is the Corporate Seal of said Company; N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. j "DFFit1At SEAL" {� CHRISTINE ZARETSKY 1 11-tary Pu. lic. State of lilmois 6hristine Zaretsky, otaryPublic My C:nir ss'cn Exp'res 10.7-96 � My Commission Ex, ctober 7 1996 CERTIFs.16Ar1F'E•--�-�-'"� STATE OF ILLINOIS) -OUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article Ill, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now n force. Signed and sealed in the County of Cook. Dated he 28TH day of NOVEMBER 19 94 . ltl"2 Lewis M. Moeller, Secretary ' AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA Know all men by these presents: BOND NO.: 0407639 PREMIUM: N/A BID DATE: 11/29/94 PUBLIC WORKS BID BOND That we,.-- . PIMA CORPORATION (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called Obligee) in the penal sum of TEN percent ( 10 %) of the bid amount, but in no event to exceed ONE HUNDRED TWENTY THOUSAND FOUR HUNDRED NINETEEN & 40/100 Dollars(S 120.419.40 ) for the payment of which the Principal and the Surety bind themselves; their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for BLUFF TOP PHASE 6 CC�801 NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shalt fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 23RD DAY OF NOVEMBER 19 94 PIMA CORPORATION (Pnm or typo name of Pnncrpa 7 (&gnature of Principal) 3 �o�va,yrco � AMWEST SURETY INSURANCE CO PANY It GA Attorney -in -Fact A UN-A3017 (3-90) n CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No_ 5907 State of CALIFORNIA County of SAN BERNARDINO On /_1 'a 3 — before me, TAMRA PONTI, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared PHILIP E. VEGA NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose names) is/aW subscribed to the within instrument and ac- knowledged to me that he/0%AW executed _ the same in his/hwithaix authorized capacity(ies), and that by his/ikh;a�x > signature(g) on the instrument the person¢s), osM;a E 0 or the entity upon behalf of which the 0 ..1 .F ly .r_n.14, IGN-S person(;S) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL E ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT A. r & A" d, TITLE OR TYPE OF DOCUMENT 1 NUMBER OF PAGES �3 _qX _ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME •OF (S) OR eMTY(IES) ----- S) A -A O'l-i I SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 0 0236 Remmet Ave., P.O. Boa 7184 • Canoga Park, CA 91309.7184 h, lo nr, !V"1O c„z �. - r r_._ ry y , - � - �.^ r...-�,=,r• � F � �,.�C 0^�0�+?E Gv�C :�CrC-a%r� ��-C :�G 3�€,G r-c���{b�4G0a%or.}�r9frR.i!-a{�£ r:� u£�-'GGf s`C FOR BONUS POWER Nei-11MER EXECU10-25TED 95 ON DR AFTER 0407039-" This document is printed on multicolored security paper with black and red ink, with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company'). Only unaltered originals of this Power of Attorney arc valid. This Power of Attorney is valid solely In connection with the execution and delivery of the bond noted below and may not be used in conjunction with any other power of attorncy. No representations or R• n=ties regarding this Power of Attorney may be made by any person. This Power of Attorney Is governed by the laws of the State of California, Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. I:_\C1W ALL 2LIEN 13Y THESE PRESENTS, that Amn-est Surety Insurance Company, a California c-oTt#iio(theQ��n}�a�}-"). does hereby make, constitute and appoint: P41LIP E. VEGA JAY P. FREEMAIN AS EMPLOYEES OF AVERBECK INSURANCE BROKERS its true and la-wful .attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety � !y to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, eCo ni-_ance or other written obli t'o s i dl e ture thereof as follows; 1 t �ondss up t o $***262, 160a . 0 :ontract (Performance & Payment), Court, Subdivision $YY1,000,000.0'0 License & Permit Bonds up to $****-10,000.00 4iscellaneous Bonds up to $****;10,000.00 and to hind the Company thereby. This appointment is made under and by authority of the By -Lars of the Company, which are now in full force and effect. CERTIFICATE 1. the undersigned secretary of Ams�-e51 Surety Insurance Company. a California corporation, ; DO HEREBY CFRTIFY that this POWer of Attorney remain; in full force: and effect and has not been revoked21 k and furthermore, that the resolu[ions of the Board of Directors se[ Forth on the reverse, and that the relevant provisions of the By -Laws of the Company, are now in full force anti effect. MRti— Bond 11LIMber 0407639 .Si};r,,d and sealed this Karen G. Culicn. Secretary ff_�320"-,n(Na c nuc Y<rst ()i'fic'e Mix \• • .1 • • • • .11 • • • 1 23RD clad of NOVEMBER 19 9t4 J 0000407639 - 57 F 95-2678392 ONTA Bond No. BBSU Fidelity and Deposit Company HOME OFFICE OF MARYLAND BID BOND KNOW ALL MEN BY THESE PRESENTS: Terra -Cal Construction, Inc. That we, BAL71MORE, MD 21203 Principal, (hereinafter called the "Principal"), and, of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corpora- tion duly organized under the laws of the State of Maryland, as Surety; (hereinafter called the "Surety") are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of ten percent the amount bid in 10$*********** Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Bluff Top Phase 6 Cash Contract No. 801 NOW, THEREFORE, if the Obligee shah accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said -bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th day of November A.D., 19 94 Terra --Cal Construction, Inc. --(SEAL) Prtnci al —�—� Witness v _ dam er, Presi� - - ----- Title FIDELITY AND DEPO T CO NY OF MARYLAND rety _----- -- By-- --- -__ �� _-(SEAL) Witness JO D. HUNSINGER Trtte CIM-3m.3 23 7B Cnnrortm to me ' n Inssnwe of Archimu Document A-310. Febnury 197 u0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles No. 5907 On November 29, 1994 before me, Zenaida Calderon, Notary Public DATE NAME. TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared William L. Tyler NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person* whose name-x ' is4a*e— subscribed to the within instrument and ac- knowledged to me that he/fie m-executed the same in his/#e-rft�rei-r authorized capacity, and that by his/#e+t#&i-r signatures on the instrument the person , owned* a@**@*see*a6*00060604@@*sees or the entity upon behalf of which the ZENAIDA CAL6cRMI % r person acted, executed the instrument. G COMt:9. #967475 Y.0,1:°', PUBLIC CALIFORNIA LOS A IGRRES COUNTY M. - C:nm. Eip"n Aug. a. 1996 WITNESS my h nd and official seal. aa..=cacc,aoeneass000aae• SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TnLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN1TrY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-71 B4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Los Angeles On November 29, 1994 before me Linda Marks, Notary Public r i DATE NAME, TITLE OF OFFICER - E.G.. JANE DOE. NOTARY PUBUC pe onally appeared JOHN D. HUNSINGER NAMES) OF SIGNERS) , personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/sheAhey executed the same in his/h mkUieir authorized ,,. capacity(ies), and that by his/hs*ir LINDA MARKS signature(s) on the instrument the person(s), : COMM. a1008224 R or the entity on behalf of which the 5 F�OTAP,Y PUBLIC - C.yLIFOP, ilA S y upon 2`�f' LOS AkOELES CCU!4TY 2 h"y Comm. Expires Oct. 31. 1997 : person(s) acted, executed the instrument. *000*a•*goes*&@*so�sero• ESS rnv�hwd and official seal. OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(S) ❑ PARTNER(S) ❑ umrrED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARD IANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT(TY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8238 Remme( Ave., P.O. Box 7184 - Canoga Park. CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL LIEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full orce and effecton the date hereof, does hereby nominate, constitute and appoint John D. Huns inger of Glendal alif0r ......... . f true and awful agent and Attorney -in -Fact, to make, execute, any and all bonds and undertakings ....1' AMR-tTe execution of such bonds or undertakings in p and amply, to all intents and purposes, as if they ha the Company at its office in Baltimore, Md., in wl issued on behalf of John D. Hun r, The said Assistant Secretary does hereby ce at the Section 2, of the By -Laws of said Compan b is now i IN WITNESS WHEREOF, the said Vi ent and 6 Corporate Seal of the said FIDELITY EPOSITM Nove�je r , A. D. 19�1 _ - FIDELITY AND 4S ATTEST: SEAL -�7 STATE OF MARYLAND Crn OF HALTNORE I ' on its behalf as surety, and as its act and deed: e of the nta, shall be as binding upon said Company, as fully duly exeand acknowledged by the regularly elected officers of proper one. This power of attorney revokes that da,Q November 16, 1989. forth on the reverse aide hereof is a true copy of Article V1, tant Secretary have hereunto subscribed their names and affixed the ANY OF MARYLAND, this 4 th day of COMPANY OF MARYLAND `-= `=`-�-- By-----------------------...� � ----- _._.._._............. Vice -President On this 4th day of November , A.D. 19 91 , before the subscriber, a ?Votary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to.the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. CAROL J. FADER Notary Public Commission p' August 1, 1992 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT CO_MpANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COINIPAINY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed," 29th IN TESTIMONY WHEREOF, I have hereunto subscribed my atakne and affixed the corporate seal of the said Company, this day of November 19 94. 012-2748 An6ant Secretary PROJECT BID SCHEDULE BLUFF TOP PHASE 6 Item :Esbineted . . ....... -unit. Price :.Extended..':": .... ... . . ... ..... .......... ... ....... ........ Na Quantity: wor ......... ... .. . ......... ..... . ... ..... ... ... ...... . . .. .. . ............ Amout 1. I L.S. Clearing and grubbing a THIRTEEN THOUSAND THREE Dollars FORTY EIGHT DOLLARS AND ONE CENT 13,348.01 $13,348.01 Cents 2. 4320 L.F. Temporary C.L. fencing with any required gates I a ONE Dollars $ 1.78 7,689.60 SEVENTY EIGHT cents 3. 522 C.Y. Removal of A. C. paving and base (9 ') a TWENTY SEVEN Dollars $ 27.84 $ 14,532-48 EIGHT FOUR cents 4. 2 EA. Relocate concrete benches ONE THOUSAND ONE HUNDRED Dollars SEVENTY TWO DOLLARS AND EIGHT S1 $ 1,172.86 $ 2,345.72 Cents CENTS 5. 4 EA. Relocate trash receptacles STX HUNDRED TWENTY THREE Dollars FORTY SIX Cents 6. 5 EA. Remove, box and store palms @ EIGHT HUNDRED FORTY NINE Dollars $ 849.32 $ 4,246.60 THIRTY TWO Cents GIs :Item Estimawe Item with unit ::: Unit. Price Extended Na tr Q�n . ty written in words Amount 7. 12 EA. Remove dead palms TWO HUNDRED TWENTY EIGHT Dollars FORTY SEVEN Cents $ 228.47 $ 2,741.64 8. 19 EA. Removal of light standards at Bluff edge (base to remain) a TWO HUNDRED TWENTY FIVE Dollars $ 225.34 $ 4,281.46 THIRTY FOUR Cents 9. 600 L.F. Remove redwood header ® TWO Dollars $ 2.15 $,1,290.00 FIFTEEN Cents 10. 40 L.F. Concrete header removal 0 SIXI.EFN Dollars $ 16.11 $ 644.40 ELEVEN Cents 11. 131,545 Finish grade S.F. a ZERO Dollars $ 0.06 $7,892.70 SIX Cents 12. 1,170 L.F. Concrete banding 6" z 8" ® EIGHT Dollars $ 8.89 $ 10,401.30 EIGHTY NINE is 13. 180 L.F. Concrete header 6" z 6" ® NINE Dollars S 9.55 $ 1,719.00 FIFTY FIVE rents C-2s Item: .:£stimated .: : Item with unit puce . .: Unit Price Extended No :Quantity .. .vin in words Amoiiat 14. 297 TONS A.C. Paving ® ONE HUNDRED TWENTY SIX Dollars S 126.58 $ 37,594.26 FIFTY EIGHT r,P7ts 15. 2175 S.F. Concrete paving at picnic tables THREE � Dollars $ 3.27 $ 7,112.25 TWENTY SEVENrp„ts 16. 2931 S.F. Interlocking pavers on sand on 4' PCC sub -base S 7.54 $ 22,099.74 ® SEVEN Dollars FIFTY FOUR rents 17. 4740 L.F. P.V.C. guardrail (42' high) ® THIRTY SEVEN Dollars $ 37.63 $ 178,366.20 SIXTY THREE rents 18. 9 EA. Concrete picnic tables ® NINE HUNDRED NINETY ONE Dollars $ 221.7A $ 8,925.66 SMIFNTY FO1Tv 19. 1 EA. Traffic control gate w/ signage per detail ® THREE THOUSAND TWO HjjNDRBjBojlars $ 3 , 235.8Q $ 3,235.80 THIRTY FIVE DOLLARS AND EIGHTY CEVT6 rents 20. 1 L.S. Electrical/lighting system THOUSAND ONE HUNDRED FIFTY ONE Dollars $ 151,800.00$ 151, 800.00 EIGHT HUNDRED AND NO CENTS rents C-3s iteIn M.Estiangtsd .: Item with -unit price Unit Price: <Extended No: hty : vmtten m:words; :: Amount 21. 115 L.F. 4" P.V.C. Sch. 40 dminline ® TWELVE Dollars $ 12.74 $ 1,465.10 SEVENTY FOUR rents 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron grates $ 349.55 $ 1,048.65 ® THREE HUNDRED FORTY NINE Dollars FIFTY FIVE Ceyts 23. 131,545 Soil preparation S.F. ® ZERO Dollars $ Q_14 $18, 416.30 FOURTEEN rents 24. 57,500 Ground cover - Myoporum S.F. ® ZERO Dollars $ 0.18 S 10,350.00 EIGHTEEN Cents 25. 9,700 S.F. Ground cover - Gazania ® ZERO Dollars $ 0.27 $ 2,619.00 TWENTY SEVEN Gents 26. 1,800 L.F. Redwood header ® TWO Dollars $ 2.79 $ 5,022.00 SEVENTY NINtents 27. 64,345 Turf (hydroseeded) S.F. ® ZERO Dollars $ 0.11 $ 7,077.95 ELEVEN rents C-4s n Estimated ....... ... .. ... Item -with :umt..p.nce'.... ...... . ..... n.it Prce :Extended 00, .. .. wards WrLtt=:1ww . . .... .u... ...... .... ...un 28. 1230 L.F. Palm trees (B.T.H.) including sumps. (B.T.H.) (101EA.) C SIX HUNDRED SEVEN — Dollars $ 607.20 $ 61,327.20 —Cents 29. 5 EA. Replant palm trees including sumps SIX HUNDRED NINETY THREE Dollars $ 693.18 S 3,465.90 �EIGHTEEN Cents 30. 1 EA. Install relocated bike rack (; FOUR HUNDELD FTFTY FIVE Dollars $ 455.25 $ 455.25 TWENTY FIVE Cents 31. 131,545 Irrigation System S.F. ZERO 0 Dollars $ �5 $ 85,504.25 SIXTY FIVE rents 32. 1 L.S. Maintenance of entire project site during 80 working day construction period including existing landscape and irrigation $ 10,024.02 $ 10,024.02 TEN THOUSAND TWENTY FOUR Dollars TWO cents 33. 1 L. S. 120 consecutive calendar day maintenance period of entire project site after completion of construction $ 30,000.00 $ 30,000.00 THIRTX 111OUSAIND Dollars ZERO --- rents C-5s I Item Estimatod Item with unit pr�cc Unit Pnce: Extcnded No._ Quantity written u3 :words..: Amouiyt 34. 200 EA. 5 gallon Bougainvilla 'Purple Queen" - 'Moneth' to be located on landscaped slope areas in field by City Landscape Architect ® THIRTY SEVEN Dollars TWENTY __is $ 37.20 I $ 7,440.00 11 TOTAL AMOUNT BID IN FIGURES: $ 7 26, 9 7 6.28 TOTAL AMOUNT BID IN WORDS: SEVEN TWENTY SIX THOUSAND NINE HUNDRED SEVENTY SIX DOLLARS AND 28/100 ONLY Il ADD ALTERNATIVES II TOTAL AMOUNT ALTERNATES IN $ FIGURES: 11 194,197.80 TOTAL AMOUNT ADDITIVE ALTERNATES IN WORDS: ONE HUNDRED NINETY FOUR THOUSAND ONE HUNDRED NINETY SEVEN DOLLARS AND 80/100 TOTAL BID AMOUNT IN FIGURES: $ 726,976.28 TOTAL BID AMOUNT IN WORDS: SEVEN HUNDRED TWENTY SIX THOUSAND NINE HUNDRED SEVENTY SIX DOLLARS AND 28/100 ONLY C-6s ONLY and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BIDDER'S BOLD in the amount of $ 10% OF THE BID which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WrM BID State of California ss, County of Orange TERRY NORIEGA being fi duly sworn de sesXR,d says that he or she is PRESIDE Mt3.RIP05A HQRTICUI,TURAt E- JERPSE ANC of tfie pr�i�iang the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain_ from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. W. Rl1DI Comm. #987133 0 . • T1oTARY PUBLIC - CALIFORMN." LOS AN1G: Er. coutay 0 Comm Expiras µArch 8. iW J Subscribed and sworn to NOTARY ILARIPOSA HORTICULTURAL. ENTERPPESES, IRC. Name of Bidder j-,_Kj Signature of -Bidder 15529 ARROW HIGH14AY IRWINDALE, CA 91706 A ress of Bidder day of NoyEMBE4 19 94 . C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as BLUFF TOP PRASE 5, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. MARIPOSA HORTICULTURAL ENTERPRISES, IM NOV 2 9 1994 Date: Contract r TERRY NORIEGA Y C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COWENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Nov 2 9 19 4 MARIPOSA HOMCULTURA L ConERMPR19ES, 'No; TERRY NORIEGA y PRESIDENT C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: VARIPOSA HORTICULTURAL ENTERPRISES, INC. Bidder Narrie 15529 ARROW HIGHWAY IRWINDALE, CA 91706 usiness Address �818 960-0196 Telephone Number 592268 C-27, A State Contractor's License No. and Class MARCH 1990 Original ate Issued Expiration Date The work site was inspected by ROBERT AUSTIN of our office on NOVEMBER 22 , 1994 . The following are persons, firms, and corporations having a principal interest in this proposal: MARIPOSA HORTICULTURAL ENTERPRISES, INC. (CORPORATION) C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. !MARIPOSA HORTICULTURAL ENTERPRISES, INC. ompName ignature or Bi e TERRYW)RIEC-11--masuprarr Printed or ignature 15529 ARROW HIGHWAY IRWINDALE, CA 91-706 r t,: i . W. RUDD Address of Bidder 4987133 ••. a:;F ZLiC-CALIFORNI� 818 460-0196 ` "LEs COUNTY 0 Cc.�' ..xPraa March 8.1997 + Telephone Number Subscribed and sworn to bAq ore Mg,*S/iz9th day of NOVEMBER� lg 94 Ito] k" `m NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. LAKE ELSINORE SPORTS STADIUM -30011 IVY GLENN DR. SUITE 113 LAGUNA NIGUEL, CA 92677 Name and Address Name and Telephone No. of Project Manager: PETER SAVELLO 714 )495-3692 358,000 LANDSCAPE INSTALLATION 10/15/94 Contract Amount Type o? Work Date Complet@ 2. LOMA ST/SOUTHERN CALIFORNIA EDISON P.O. BOX 800 ROSEMEAD, CA 91770 Name and Address Name and Telephone No. of Project Manager: KHAN PATHAN (818 )302-9954 662,978.00 LANDSCAPE INSTALLATION MARCH 1, 1994 ontract Amount Type of Work Date Completed 3 VETERAN'S FOUNTAIN/CITY OF SANTA FE SPRINGS P.O. BOX 2120 SANTA FE SPRINGS, CA 9067, Name and Address Name and Telephone No. of Project Manager: ELMER AMON 310 868-0511 x 247 119.639 FOUNTAIN & LIGHTING LANDSCAPE INSTALLATION 11/11/94 Contract Amount Type of Workate CompletR C-10 ol. "i "SEALED B-11)" for BLUFF TOP PHASE 6 in the CITY OF HUNTINGTON BEACH -DO NOT OPEN WITH REGULAR MAIL 10 a RUN CITY CLERK Cl'y'f OF lilMIN910Y BEACE SEC= FT,OOR CITY PUL 2000 MAIN STREET HUNTINGTON BEACH, CA BLUFF TOP PHASr 6 CASH CONTRACT No. 801 to Lj I !.. u SECTION C PROPOSAL for the BLUFF TOP PHASE 6 CASH CONTRACT No. M in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to. furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 80 consecutive working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set fgrth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids C-1 PROJECT BID SCHEDULE BLUFF TOP PHASE 6 .Item I Estimated .Item with unit price Unit Price Extended_ No. Quantity wrsttaa is words. Amount 1. 1 L.S. Clearing and grubbing o _ Dollars $ 0 as S d oo.00 Cents 2. 4324 L.F. Temporary C.L. fencing with any required gates --Dollars S , DU S to gD.U(3 Cents I 3. 522 C.Y. Removal of A.C. paving and base W) {� — F—101, k u ==== = Dollars • Cents 4. 2 EA. Relocate concrete beaches n el L LL ^ S Dollars S I �oo S O, ocD Cents 5. 4 EA. Relocate trash receptacles ® `� �' Dollars S D. t:� S oiap. o0 Cents 6. 5 EA. Remove, box and store palms Dollars S Sp4.bp $ SOc�.ao ?eKQ Cents C-Is Item :'Estimated Item with waif price -. Unit Price : Extended . No. Qw ity. < : written id words : Amount 7. 12 EA. Remove dead palms ® S tY, k"OCIee_cI _ Dollars t�QO.oD $ 9,Aoo.ob 8. 19 EA. Removal of light standards at Bluff edge (base to remain) CZ Inc' QeX, Dollars $ I $ I Do, oO teats 9. 600 L.F. Remove redwood header Dollars centss0. Sy $ 3oo , oo 10. 40 L.F. Concrete header removal 1- % V e , - . — Dollars -aczo Coats 11. 131,545 Finish grade S.F. Dollars $ 13 15 4, 50 Cents 12. 1,170 L.F. Concrete banding 6' x 8' 1 X Dollars S $ Q 0.04 is 13. 180 L.F. Concrete header6' x 6' r �` 1 J c �Dollars S S, o o $ q Do oo 7'&-2d _ cents C-2s Item : Estunated :Item with unr(`pnre Unit Frtica Extended Na ;.t2uentity :`wnttenAn words '.:. -' Amount 14. 297 TONS A.C. Paving f� 4't J Q --- wo Dollars $ S p Cents 15. 2175 S.F. Concrete paving at picnic tables Dollars S , S O $ 4 37. SU LA Cents 16, 2931 S.F. Interlocking pavers on sand on 4" PCC sub -base $ Dollars to I 17. 4740 L.F. P.V.C. guardrail (42" high) ®� Ezell ti Asa �. -- Dollars $ 13q, bg7.,;tU 18. 9 EA. Concrete picnic tables nLm}+ Dollars S 4O.o0 S I I D, D k L0 rents 19. 1 EA. Traffic control gate w/sign{age per detail �R �hQui A�J& -S .2-h-4r►lIA Dollars S )q�,ap $ - y SOD, dO -t—CQ mats 20. 1 L.S. Electrical /lighting system o�w�da.� -►'weR Dollars S -a-�S-o $ -ca}� Vents C-3s Item Este ted .• lum with unit pnce::: .:... Unit Price Extended No: Quazitity written in words . ; ;: Amount 21. 115 L.F. 4' P.V.C. Sch. 40 drainline ® e Dollars $ , DO $ Gga Cents 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron grates �t S 00 S S OOP DO ® -- ue_ hUrJ2erl— — Dollars ...� e..�L-Cents 23. 1 131,545 Soil preparation S.F. Dollars S . 1 S 3 ta7gIL been Cents 24. 57,500 Ground cover - Myoporum S.F. a -' - e ZO Dollars S t;t j 25. 9,700 S.F. Ground cover - Gazaaia ® --- Dollars $ $ ¢ `1 JL is 26. 1,800 L.F. Redwood �header a 14.eee. Dollars $ 3.00 $ 5HDQ.40 =?-- 5- ZO - rents 27. 64,345 Turf(hydroseeded) S.F. Dollars $ "1t a is C-4s Item Estimated . -Item wits, wait price ,.:.. ` . Unit Price Extended No. Quantity'. written in'words: Amount 28. 1230 L.F. Palm trees (B.T.H.) including sumps. (B.T.H.) (101 EA.) ® I� —AA — Dollars $ i{ �, D� $ �j pp, 0(3 29. 5 EA. Replant palm trees including sumps I^ou-2 ��.nci eec� _ Dollars $ n, $ OD o O e Cents 30. 1 EA. Install relocated bike rack ® Se,Jf_Y. tt U = Dollars $ $ r) is 31. 131,545 irrigation System S.F. e-2d Dollars SQ n $ 32. 1 L.S. Maintenance of entire project site during 80 working day construction period including existing landscape and irrigation S 5QQ $ 15 D O. DO ®Seaea`i�.o..�n►•d �� c�.an�{'tc�llars a-zz) rents 33. 1 L.S. 120 consecutive calendar day maintenance period of entire project site after completion of construction S� $ 0, pp �_Tcr% *L 66Dollars � e-e.a Cents C-5s Estimated t�uaatity. Item with unit price.:- :. wri ttcn in words ` Unit Price Extended Amount 200 EA. 5 gallon Bougainvilla 'Purple Queen" - 'Moneth' to be located on landscaped slope areas in field by City Landscape Architect $ g, 00 $ (o UD, b0 ® + �`� e►'i L — Dollars TOTAL AMOUNT BID IN FIGURES: $ TOTAL AMOUNT BID IN WORDS: SGocn rtwo ADD ALTERNATIVES Item:: Estimated Item: with unit price :: Unit Price :.. Extended No ::. C3uaritlty . .written words Amount. A-35 4,740 L.F. 42" High Daisy Fencing Dollars S� g $ E���S_�V E� �a L,� Cents TOTAL AMOUNT ALTERNATES IN $ FIGURES: } n TOTAL AMOUNT ADDITIVE ALTERNATES IN WORDS: ` } TOTAL BID AMOUNT IN FIGURES: TOTAL BID AMOUNT IN WORDS: �,%,,Aask Nn s c g Q &o o- & t.i 4 we cw C-6s and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 10% Bidders Bowl the amount of $ which said amount is not less than 10 % of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda hio: Date Received Brdder i' Ngnaturr None C-Z LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Parnan.Naftw soe6�hktor.: and :A ,State License. Class ss ..... .of Wark .. . . IViunber 417 /4- 5 a e-i-e- PA ' d�eco P-A (as q q-% I C —13 as � LA '9. 11� .7 C 1. 1� L4 q C-Io By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 6907 State of California County of San Bernardino On 11-28-94 before me, Anne Mellon, Notary Public LATE NAME, TITLE OF OFFICER - E G.. ",:ANE DOE. NOTARY PUBLIC' personally appeared Beaudry T. Parker NAME(S', OF SIGNEMS; C� personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANNE MELLON t COMM. #1Q17472 NOTARY PUBLIC - CALIFORNIA L WITNESS my hand and official seal. lYl SAN BERNARDINO COUNTY M- ...� I,rty Comm. Expires Oct- 17. 1997 SIGNAIJRE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL I—, CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONISI OR ENTITYIIESI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Beaudry�T. Parker g President Boba��k fEntteuryriV�es, deposes and says that he or she is of -W party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Bopark.Enterprises, Inc. Name of Bidder Signature of Bidder 8560 Vineyard Ave. #103 Rancho Cucamonga, CA. 91730 Adaress of Bidder, Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as BLUFF TOP PHASE 6, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 11-28-94 Bopark Enterprises, Inc. Contractor �L- ffy— President C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. f.�y.QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. W-1 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1$61 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 11-28-94 Date: Bopaek Enterprises, Inc. ontractor Y President ie C-7 0 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be'permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two worldrig days before scheduled excavation. Dig Alert lden4flcarion Number. Contractor Tide Date: Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION ies that the following information is true and correct: Bopark Enterprises, Inc. Bidder Name 8560 Vineyard Ave. #103 usiness A ress RAncho Cucamonga, CA. 91730 Telephone Number 505508 A, B, C-27 State Contractor's License No. and Class 2-18-87 Original ate Issued 2-28-95 xpiration Date The work site was inspected by B e a u d r X T . P a r spur office on 11-15 , 1 9_2 4 The following are persons, firms, and corporations having a principal interest in this proposal: Bopark Enterprises, Inc. Beaudry T. Parker President Beth M. Parker Treasurer W Steven T. Parker V.A. Nancy Mellon Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Bernardino On 11-18-94 DATE before me, Anne Mellon, Notary Public NAME, TITLE OF OFFICER - E-G.- -JANE DOE_ NOTARY PUBLIC - personally appeared Beaudry T. Parker NAMPSI OF SIGNE9!S; C personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANNE MELMN cr s COMM. #1f)17472 1WITNESS my hand and official seal. U p NOTARY PUBLIC - CALIFORNIA U SAIN BERNARDINO COUNTY x A •� My Comm. Expires Oct. 17, 1997 II / q ". A / A S GNATIDRE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER E INDIVIDUAL ❑ CORPORATE OFFICER TITLE;S1 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTITYIIES; DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 'The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Bopark Enterprises, Inc. Company Name ignature o i er Beaudry T. Parker Fn-n—U orSignature 8560 Vineyard Ave. #103, Rancho Cucamonga, C. A ress -07 Bidder 91730 ( 909 987-6752 Telephone Number Subscribed and sworn to before me this day of , 19 . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: �. See Attached Name and Address Name and Telephone No. of Project Manager: Contract Amount -Type of Wo-Nate Completed 2. Name and Address Name and Telephone No. of Project Manager: Contract AmountType of Workate Completed 3. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Workate CompletR C-10 L� REFERENCES L L.` City of Anaheim P.O. Box 3222 Anaheim, CA 92803 Ms. Katy Daunis (714) 254-5155 Project: City of Colton 650 N. La Cadena Dr. Colton, CA 92324 Mr. Ken Simon (909) 370-5052 Project: City of Costa Mesa 77 .Fair Dr. Costa Mesa, CA 92628 Mr. Baltzar Mejia (714) 754-5291 Project: City of El Monte 3130 Tyler Ave. El Monte, CA 91734 Mr. Brian Odgen (818) 580-2200 Project: Boysen Park - $880,000.00 Valley Blvd. Landscaping - $207,207.00 19th St. Sidewalks - $175,000.00 Cadillac Bike Trail - $ 56,000.00 Pioneer Park Phase I Pioneer Park Phase II Baldwin Mini Park - $295,456.00 - $313,079.75 - $ 26,540.00 Hesperia Recreation & Park District P.O. Box 1055 Hesperia, CA 92345 Cal Camarra (619) 244-5488 Project:. Hesperia Lakes Soccer Fields - $249,207.00 City of Long Beach 333 W. Ocean Blvd. Long Beach, CA 90802 Mr. Phil Peterson (310) 590-6383 Project: Blair Field Renovation - $527,329.00 Lawn Bowling Green Renovation - $120,000.00 Newport -Mesa Unified School District P.O. Box 1368 Newport Beach, CA 92663 Mr. Don Minard (714) 556-3280 Project: Newport Harbor High School Landscaping - $85,486.00 Davidson Field - $133,091.00 Costa Mesa High School Landscaping- $251,466.00 Estancia High School Landscaping - $ 217,711.00 Costa Mesa High School Phase II - $183,008.00 Victoria School - $260,000.00 City of Paramount C/O Willidan Associates 12900 Crossroads Parkway So. Ste. 200 City of Industry, CA 91746 Mr. John McDonald (310) 908-6200 Project: Sidewalk Improvements Project #9912 - $132,000.00 City of Rancho Cucamonga 10500 Civic Center Dr. P.O. Box 807 Rancho Cucamonga, CA 91729 Mr. Mike Long (909) 989-1851 Project: Rochester Ave. - $315,346.50 Archibald Ave. Entry Monument - $132,271.00 Red Hill Park Maintenance Building - $147,643.00 County of Riverside 3133.Seventh St. Riverside, CA 92507-4199 Mr. Doug Grove (909) 369-0700 Project: City of Santa Fe Springs 11710 Telegraph Rd. Santa Fe Springs, CA Mr. Eimer Amon (310) 868-0511 Ext.247 Project: E.L. Pete Peterson Park & Lazy Creek Park - $580,000.00 Lake Center Middle School Quad Improvements - $303,000.00 *Bopark Enterprises, Inc. 8560 Vineyard Ave. 14103 Rancho Cucamonga,, CA 91730 (909) 987-6752 j City of Huntington Beach 2000 gain Street Huntington Beach, CA 92648 0 Sealed Bid For: Bluff Top Phase 6 Cash Contract No. 801 Bid Date: November 29, 1994 2:00 p.m. 0 SECTION C PROPOSAL for the BLUFF TOP PHASE 6 CASH CONTRACT No. 801 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 80 consecutive working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids C-1 PROJECT BID SCHEDULE BLUFF TOP PHASE 6 C-Is item . . Estimated Item with unit price Unit Price ..:. Eatendbd -- : Wrlkten 1�.WOrdB 7. 12 EA. Remove dead palms j ,, ��,,„ ® U b un& .1(iI� :![ Dollars $ QQ j tD�p Cents 8. 19 EA. Removal of light standards at Bluff edge (base to remain) ® ore- u--- Dollars $, it n Cents 9. 600 L.F. Remove redwood header ® Dollars '*Cents $ 10. 40 L.F. Concrete header removal � S 1 SC ..... ,Dollars Cents 11. 131,545 Finish grade S.F. AJ Dollars Cents 12. 1,170 L.F. Concrete banding 6" x 8" ® �CVex\ Dollars $ � $ . Cents 13. 180 L.F. Concrete header 6" x 6" ® %, , Dollars ants C-2s 15. 2175 S.F. Concrete paving at picnic tables @ Dollars s sa, p(vg., Oetnt nth-, t_ t►�rtE . I6. 2931 S.F. Interlocking pavers on sand on 4" PCC sub -base ® TPn s 1 .Z s Dollars 17. 474o L.F. p.VV.�.(C..guardrail (42" high) Dollars s $ epts IS. 9 EA. Concrete picnic tables D rents 19. 1 EA. Traffic control gate wl signage per detail �o u,r Cents 20. I L.S. Electrical/lightingsystem V ' Dollars $ Q2 $ t C-3s .:Item 'Eiffibitj6d: Item with unit price .. Unit .Price Extmded y �;.Wn ten ..Ainbunt:1 21. 115 L.F. 4" P.V.C. Sch. 40 drainline a -Pn I I Y' — Dollars 54� n ts 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron grates h -bofDollars ncents 23. 131,545 Soil preparation S.F. (2 4. 1) - Dollars $ 1:4 �FID C", 24. 57,500 Ground cover - Myoporum S.F. � 1) Dollars S 9' (0 Cents 25. 9,700 S.F. Ground cover - Gazania J(-1 t) Dollars $ Cents 26. 1,800 L.F. Redwood header n n c Dollars $ $ 27. 64,345 Turf (hydromded) S.F. AID Dollars $ 7 $ -71 912-2— rents C-4s Itsin :. Estimated Item u+i#h umt price :: Unit Price Ext dea Noy :rarity . wratten vt. words < Amount 28. 1230 L.F. Palm trees (B.T.H.) including sumps. (101 EA.) ® �71 Dollars • S 'T�, S $ . is 29. 5 EA. Replant palm including stumps _trees AMCn1A�Y�'].�t� � t�V� Dollars $ � . "' $ �., 1��• �' teats 30. 1 EA. Install relocated bike rack (' ®7W� ld hJ ���1(bollars $ $ 5 _. Cents 31. 131,545 Irrigation System S.F. At D Dollars S .37 S ✓ r cents 32. 1 L.S. Maintenance of entire project site during 80 working day construction period including existing landscape d irrigation ut� - �, &h+u- h 5,�'j%2• S �, �7Z• o a �PVC VINU.— 1N 8 Dollars ts 33. 1 L.S. 120 consecutive calendar day maintenance period of entire project site after completion o,construction Y� tLN\ S � � f f S 14 Okks �x�l� (am'A hDollars AJ L) Ce^ts C-5s TOTAL AMOUNT BID IN FIGURES: $rJ9o� ETAL AMOUNT BID IN WORD - ; } lo t ADD ALTE ATIVES TOTAL AMOUNT ALTERNATES IN $ r+ FIGURES: 11 1 [7 4V, TOTAL AMOUNT ADDITIVE ALTERNATES IN WORDS: TOTAL BID AMOUNT IN FIG ` TAL $ID IN WORDS: ,)40UNT W -1 � �� GA I C-6s ns GGGpL` - N and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's bond in the amount of $ 10% of the bid which said amount is not less than 10 % of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBN 1TTED WrM BID State of California ss. County of Orange -Qhglles W. , being first duly sworn, de ses and says that he?n�clis Vice President of Valley Crest Landscape, IDieparty making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. VALLEY CREST LANDSCAPE, INC. Name of Bidder Signature of Hid2er 1920 South Yale Street, Santa Ana, CA. 92704 Address of er, Subscribed and sworn to before me this 29th day of November 1994 NOTARY JOHN L MM r,II��ii COMM. Man � i!491562 Notary Public — Cd WAD ORANGE COUNTY ublic — Caiifornla My gym. Evires JUN 18.1941 , RANGE COUNTY i c:cmm. UN M UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as BLUFF TOP PHASE 6, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. VALLEY CREST SAP INC on jn Y Vice President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. VALLEY CREST LANDSCAPE INC. Contractor y Vice President Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be'permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. ►II ' � t. �d- Vice President Title Note: This form is required for every Dig Alert Identiflcation Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: VALLEY CREST LANDSCAPE INC. Bidder Name 1920 South Yale Street Business Address Santa Ana, CA. 92704 f 714 546-7975 Telephone Number 133947 A B C-27 State Contractor's License No. and Class naQber IQ;? Onginal Date Issued 3/31/96 Expiration Date The work site was inspected by Richard Bruttig of our office on November 22 , 19 94 . The following are persons, firms, and corporations having a principal interest in this proposal: Richard A. Sperber, President Charles W. deGarmo, Vice President David B. Rose,CFO/'treasurer Betty M. Heron,Vice President/Secreatry C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. VALLEY CREST LANDSCAP , INC. Signature FUME — Charles W. deGarmo Printed or Typed Signature 1920 South Yale Street Santa Ana CA.92704 Address of Bi er (714 546-7975 - Telephone Number Subscribed and sworn to before me this 29th day of November , 19 94 . ,roar E sAMA NOTARY PUBLIC IrN Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. PLEASE SEE ATTACHED REFERENCES Name and Address Name and Telephone No. of Project Manager - Contract Amount Type of WorkDate CompletR Name and Address Name and Telephone No. of Project Manager:— Contract Amount Type of WorkDate Comp et Name and Address Name and Telephone No. of Project Manager: — -1-- ontract Amount Type of Workate Complet C-10 valley crest landscape, inc. PUBLIC WORKS PROJECTS COMPLETED BY VALLEY CREST LANDSCAPE,INC. 1993 PROJECT NAME. CITRUS STATE HISTORICAL PARK CONTRACT AMOUNT: $1,299,721 + $1,2501000 AGENCY: CITY OF RIVERSIDE CONTACT: Robert Sams TELEPHONE: 909/782-5567 PROJECT NAME: PERRIS CIVIC CENTER PARK CONTRACT AMOUNT: $840,000 AGENCY: CITY OF PERRIS CONTACT: Tim Day TELEPHONE: 909/943-SO03 PROJECT NAME: LONG BEACH MEDICAL CENTER CONTRACT AMOUNT: $1,381,671 OWNER: LBMMMCENTER CONTACT: Marian Vinton TELEPHONE: 310/427-4976 020 SCUTW VALE STREET • SANTA ANA. CAL!FORMA 92704 • FAX (714) 546-9524 • TEL. ;'714) 546-7975 A Sub sma.-ary of Enwonmenedi !npusm-es. inc. Ar] Equ3t 0=o,7::n%!y ;mplpy©r cy Cnoic, PREVIOUSLY COMPLETED PROJECTS 1992/93. OSO VIEJO PARK Park and U.S. Soccer Training Facility City of Mission Viejo 714/582-2489 Contact Jo Ann Corey Keith Rattay, B.S.I. Consultants, Landscape 4rchitect BUCKBOARD PARK PHASE I Park $390,015 City of San Bernardino 714/384-5111 Contact Gene Klatt Bob Taft,Kammeyer & Associates, Landscape Architcet CITRUS STATE HISTORICAL PARK Park and museum City of Riverside 714/782-5567 Contact Robert Sams Anthony Mendoza,S.F. Davidson & Associates, Architect valley crest landscape, inc. $963,291 714/568-7300 714/371-2444 $1,299,721 714/686-0844 BEE CANYON FLARE STATION Gas recovery System $1,5621241 County of Orange 714/568-4160 Contact Raymond Douglass Dennis Carpenter, County of Orange, Architect 714/568-4160 JERONIMO ROAD MEDIANI Streetscape $183,445 Santa Margarita Water District 714/582-2330 Contact William Dye Larry Gallery, Robert Bein/William Frost, Landscape Architect 714/472-3505 91 FREEWAY GORE City Entry Landscape $866,297 City of Cerritos 310/860-0311 Contact Hal Arbogast Pat Hirsch, heimberger/Hirsch, Landscaxpe Architect 714/773-0973 1920 SO.-`F. YALE STREET • SAN A ANA CALiFORNJA 92704 • FAX (714) 546-9524 • -EL. r7-.:l S-�s: ra: of E ,-w;ror+me .rar ir:eusrnes.:^c V 14 u N I V-I 11; I I I I �'! — !I. ruy 1i 1 " I . : .1 -` A set VALLEY CREST LANDSCAPE, INC. 1 1920 StAlrh )';ilc 4Streer, �.inro Ana, C4ihforrua 9-1704 I "I'seury c! L,rryironmental , in-s1ries inc. TO City Clerk/City of 1�intington Beach 2000 Mkain Street, Second Floor Huntington Beach, CA. 92648 SEALED BID FOR: BLUFF TOP PHASE 6 in the CITY of HUNTINGTON BEACH ". DO NOT OPEN WITH REGULAR MAIL BID DATE:' November 29, 1994 BID TIME: 2:00 P.M. SECTION C PROPOSAL for the BLUFF TOP PHASE 6 CASH CONTRACT No. %Ll in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 80 consecutive working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids C-1 PROJECT BID SCHEDULE BLUFF TOP PHASE b 2. 4320 L.F. Temporary C.L. fencing with any required gates ® dhe Dollars $ 1 , 35 $ i Fives Cents 3. 522 C.Y. Removal of A.C. pavm and bash (9') C-1 Mr �ouiar+ �9 Ong H\Ivdt'MWy Eftk Dollars Z wo Cents 4. 2 EA. Relocate concrete benches a Se\jen�:, E114E. Dollars $ 75•am $ 150. v- C) Cents 5. 4 EA. Relocate trash receptacles ® One. Ayv%dred FCr+y DoIlars Mev-o Cents b. 5 EA. Remove, box and store palms ® Thre& 04VILEA F6-h Dollars Z �� Cents $ -;4-0- oo � �!')00.00 C-Is 9. 1 600 L.F. I Remove redwood header f, Z ero F IV J`Y Cents Dollars 1 .5O 1 s 3oo.ti° 11 10. 40 L.F. Concrete header removal t& we Dollars Z er-o Cents 11. 131,545 Finish grade S.F. ® Z erC Dollars Seen Cents 12. 1,170 L.F. Concrete banding 6" x 8' ® e'en Dollars $ to. So $ 12 285 .00 F►��-y Cents 13. 180 L.F. Concrete header 6' x 6" ® �,°iltifi Dollars $ B. pp $ Z ero rents C-2S item Estunatail Item with unit price :::. :: Unit Price Extended q, tZliallt1Yy . mmuen In word8:° -.: Amoairt 14. 297 TONS A. C. Paving F' *}y TW o Dollars $ 52. pp $ 1 S 4-4 4-. 01 rents 15. 2175 S.F. Concrete paving at picnic tables a Three Dollars $ 3.4'0 $ 7 3g5,00 FVrky Cents 16. 2931 S.F. Interloclang pavers on sand on 4" PCC sub -base FI q ►%+ $ g. oo S VS044-8. 00 ® .. Dollars Mere rents 17. 4740 L.F. P.V.C. guardrail (42" high) Dollars $ �.p. dt) $ 1+2 12A)C3.04 Zei 0 i�ef.ty 18. 9 EA. Concrete picnic tables ® E+ h} A Urld r+ A At RVE Dollars $ $ 3S. 00 $ 71 S 1 S . 0 0 Zero rents 19. 1 EA. Traffic control gate w/ signage per detail �1i11't� sLlSctv►d F►VC �UKAI�Dollars $ 1So0.00 S 3LSo0.OD —_Zero ---Cents 20. 1 L.S. Electrical llightingsystem ® One,. Dollars $ lua,aQa. $ 124loao . o T4,n�3ar+ Zero Cents C-3s item . meted Item .Rath umt price Unit Price ' Extended No anhty written is words :.> Amoui It 21. 115 L.F. 4' P.V.C. Sch. 40 drainline ® S t* Dollars S 6, g o $ bat o, o0 Z ero rants 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron grates Cvw— Atv%dreA $ 10. oo S 7 • o0 ® Dollars rents 23. 131,545 Soil preparation S.F. 0 -Zprp Dollars $ . 2 O $ 264'S0°I.00 -T1F4eK �nj Tents 24. 57,500 Ground cover - Myoporum S.F. Me-0 Hollers ® $ . p�, Sl x Cents 25. 9,700 S.F. Ground cover - Gazania 0 Zero Dollars $ 3 $ Z! 7,3 1, OD end Three is 26. 1,800 L.F. Redwood header Dollars $ 6 . Z 5 1 I� 2.50 , (M Twer4y Fyne. epts 27. 64,345 Turf (hydroseeded) S.F. ® Zero Dollars $ .10 $ (,,434, 5D pren rents C-4s Item Estimated Itemwi fls unit price :. Unit Price Extended No:..... :.. Q►atY. .. written h.wards Amount 28. 1230 L.F. Palm trees (B.T.H.) including sumps. () (101 01 EEA.) Dollars $ a.p , m $ 49 r20o. OD Zero Cents 29. 5 EA. Replant palm trees including sumps ® One. Nungre4 Dollars $ lot), 00 $ 500. bfl Zero cents 30. 1 EA. install relocated hike rack ® Slx gund red Dollars $ boo. oo $ bco-o0 Zero r•, 31. 131,545 Irrigation System S.F. Zero Dollars $ .60 $ r 3 , 9 ?-7. 00 SitCe is 32. 1 L.S. Maintenance of entire project site during 80 working day construction period including existing landscape and irrigation $ 316 SCl3-. $ Tjl, $qx, . 00 ®�'1•nr},l OIAL Dollars Mtr+ r NineeQ Zewo rents 33. 1 L.S. 120 consecutive calendar day maintenance period of entire project site after completion of construction slivveR." Tinoutav%A $ b rjL�O $ 1641$9.00 ® Suev% W%1ndred Flclhll 14MDollars —zero rents C-5 s Item Estuhatc ::Item with unitpiice Unit Price: :' Extended No; Qua:ittty:;... written is words.:: Amount. . 34. 200 EA. 5 gallon Bougainvilla "Purple Queen" - 'Moneth' to be located on landscaped slope areas in field by City Landscape Architect $ ).5. QO $ 6,600.013 ® TV4en�4 F—we_ Dollars Zero Cents TOTAL AMOUNT BID IN FIGURES: $ 6'S8r 264-'. Ofl f TOTAL TOTAL AMOUNT ALTERNATES IN FIGURES: 11 $ 15 C), 4015 . TOTAL AMOUNT ADDITIVE ALTERNATES IN WORDS: Oh@ "gndotd Fv-VV%wtmviA f;vir red Nl fivt. DoL�aYS TOTAL BID AMOUNT IN FIGURES: $ �tJ TOTAL BID AMOUNT IN WORDS: 14 u+n taLrae( ForS i i b1.1 wid F� v e iWno� 1' % 4- 1 -k DOI a►r C-b5 and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BIDDER'S BOND in the amount of $ 800, 000. 00 which said amount is not less than 10 % of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. ss..:.::::. <.........: State::A kense.......... > Class VAydrmeed M%Aurc-Gm Po fM4 mo5zo RILAIMSI 214-b3'1 C -7.7 Asphalt RT 0061e 'p D. '$ok (PT,o Ora a Cal 12ti-)'5S p� PVC ra►1 G or+ = on to avi a es 4 taan cock. 54% Sav% 'D► 0 S5oSZ.4- L-13A.M. 'PQQ1 ZeLiric Rwr rt►ac Caer5131 Hq $ 4- C. - 10 By submission of this proposal, the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 L State of CALIFORNIA County of SAN LUIS OBISPO On NOVEMBER 2e, 1994 before me, - LEONORE WOOLPERT , NOTARY PUBLIC DATE NAME- TITLE OF OFF•C•ER - E.G-- -JANE DOE. NOTA-9Y PUBLIC personally appeared PAMELA K. CRUM NANE'S1 OF SIGNERS! personally known to me - OR - 2xproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LEONORE V10OLPERTi IIESS my hand and official seal. Ccmm. 14955237 � f- ` My Exei:es Feb 21. 1995 S;GNATLIRE OF OTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER PRESIDENT TITLEISI ❑ PARTNER(5) ❑ LIMITED GENERAL _❑ ATTORNEY -IN -FACT —_ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSOti{Si OR E%Ti—YfIFS) KA-RLESKINT CRUM, INC.- - DESCRIPTION OF ATTACHED DOCUMENT NONCOLLUSION AFFIDAVIT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES NOVEMBER 28, 1994 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave., P.O. Box 7164 • Canoga Park, CA 91309-71B4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBNIITTED WrM BID State of California ss. County of Orange PAL48 A M CRLW , being first duly sworn, deposes and says that he or she is PRESIDEW of KARLESK1N' -CPU 1, INC. .. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. KARLESKINT CBUM, INC. PA MMA K. CRW Name of Bidder Kgnature of Bidder P.Q. BOX 5150 SAN L UIS OBI:;PO, CA OM03 Address of Bidder, Subscribed and sworn to before me this day of , 19 . NOTARY PUBLIC C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as BLUFF TOP PHASE 6, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date:- IN 2 8 rAk KARLESKINIT-Gr3ll . INC. tractor- PAXE3A K CRUM PRESIDENT C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No _ If the answer is yes, explain the circumstances in the space provided. NONE NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. KARLESKW-CRUM, 04C. ontractor NY - PAMELA K CAW PRESIDENT y _ .--- Title NOV 2 8 1994 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be'permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number Contractor Title Date: Note: This form is required for every Dig Alert Identif cation Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: KARLESKNT-CRUM, INC. Bidder Name P.Q. BOX 5358 SAN LUIS OBISPO. CA 93403 ]Business s ,� t;LSUess A G i�reNs yOAD -",AM Wy 1 1 `1 (6055)543-3304 Telephone Number A, C-27 tate Contractor's License No. and Class 11/30/67 Original ate issued IJANM Expiration Date The work site was inspected by -Bruce U_ryaon of our office on 11 /22 , 19 94 . The following are persons, firms, and corporations having a principal interest in this proposal: Pamela K. Crun President KARLES i%-I-CtiUM, INC, Gerald E. Cann Secretary/Treasurer ORLMMT-CRUM, INC, Pa BOX5358 €-AM ! LIS -"BI SM CA 93403 C-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CAL TRORNTA County of SAN LUIS OBISPO On NOVE+1IBER 2R� 1994 before me, DATE personally appeared PAMELA K. CR M LEQNQn r40QLPS4T, NO' AUK RUB3'4TC NAME, TITLE OF OFFICER - E.G.. `SAYE DOE NO'AFY PJ3LIC" NAME(SI OF SIGNERrSI ❑ personally known to me - OR -I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LEONG'`v Ih'!OCLPC_RT I 5NESS my hand and official seal. C. orn ill N - V an i w• �r- I ��; r�c1. l 1995 1 SIGNA'L:RE NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL K� CORPORATE OFFICER PRESIDENT TITLES; ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS; OR ENTITYiIES; KARLESKINT CRUM, DESCRIPTION OF ATTACHED DOCUMENT INVITATION TQ HID TITLE OR TYPE OF DOCUMENT zI NUMBER OF PAGES NOVEMBER 28, 1994 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. KARLESKINT-CRUM. M uom any Name ignature of Bidder l="A14EIA K. CRUM Printed or Typed Signature P.O. Box 5358 SAN LUIS OBISPO. CA 93403 Address of Bidder 1 (805) 54.3-3304 Telephone Number Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1, Rancho Sarni Recreation Park Dist 1692 Sycamore Dr. Simi Valley, Ca Name and Address Name and Telephone No. of Project Manager: Wayne Nakoaka 1805 584-4400 $950,000 Park Improvement/Development 1992 'Contract. Amount Type of W-o-Kc Date Completed 2. City of San Buenaventura Housing Authority 995 Riverside St. Ventura, Ca Name and Address Name and Telephone No. of Project Manager: James Koslow 005 ) 648-5008 $1,039,000 Landscape/irrigation Improvements 1993 mount 3. County of Orange (The Irvine Company) Name and Address Name and Telephone No. of Project Manager: Tony Tallamonte 714� 494-6263 I i Installation 1993 Contract Amount Type of Workate Complet C-10 TO Lff422E5Suburban leskint-Crum, Inc. Road n Luis Obispo, CA 93401 SEALED BID FOR: BLUFF TOP PHASE b CITY OF t uAffNmm SFAcH _ DO IC'r OPEN WITH ktEGULAR EMAIL FEE I11I111 IL11111V IIlil�E Ml11IRMI 11jllll_1II1111!l1LI111111I1i11��i1111�ll111�1.1�1 l CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the BLUFF TOP PHASE 6 CASH CONTRACT No. BQ? in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS _DUE: November 29, 1994 2:00 p.m. City Clerk's Office CITY OF HUNTINGTON BEACH CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the BLUFF TOP PHASE b CASH CONTRACT No. EU Prepared Under the Supervision of: Approved by: F-`s.•.ry_-';—'^�-���+;r==�N�'!�-...c�..gain,w!+Ky..��-r....-_=ytr+:4s.-•_� - -- -. � s� _- - '�- - -- - .-�._- - - - .__ NOTE: If there are any questions relative to this project, please call Dave Webb at: (714) 375- 5077. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNT INGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS ........................... A-1 4*we) M INSTRUCTIONS TO BIDDERS .............................. B-1 1. Proposal Forms ....................................... 13-1 2. Proposal Guarantee .................................... B-1 3. Proposal Signature .................................... 13-1 4. Delivery of Proposal ................................... B-2 5. Return of Proposal Guarantee ............................. B-2 6.Taxes............................................ B-2 7. Disqualifications of Bidders .............................. B-2 8. Contractor's License Requirement ........................ . .. B-2 9. References .............. . .......................... B-3 10. Listing of Subcontractors ............................... B-3 11. Discrepancies and Misunderstandings ........................ B-3 12. Equivalent Materials .................................. B-3 13. Legal Responsibilities ................................. B-3 14. Award of Contract ................................... B-4 15. Material Guaranty .................................... B-4 16. Execution of Contract ................................. B-4 17. Submission of Bonds and Insurance ......................... B-4 18. Addenda ......................................... B-5 i r SECTION C PROPOSAL ........................................ C-1,2 Bid Schedule .................................... C-Is - C-6s List of Subcontractors .................................... C-3 Noncollusion Affidavit ................................... C-4 Utility Agreement ...................................... C-5 Disqualification Questionnaire ............................... C-6 Compensation Insurance Certification .......................... C-7 Underground Service Alert - I.D. Number ....................... C-8 Bidder's Information .................................. C-9,10 SECTION D .... . Sample Contract .......................................... SECTION E SPECIAL PROVISIONS ............................... E-1 PART 1 GENERAL PROVISIONS SECTION 1-TERMS, DEFINITIONS, ABBREv ATIONS AND SYMBOLS ...................... E-1 1-2 DEFINITIONS SECTION 2-SCOPE AND CONTROL OF WORK .............. E-2 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-9 SURVEYING SECTION 4-CONTROL OF MATERIALS ................ I ... E-4 4-1 MATERIALS AND WORKMANSHIP ii SECTION 5-UTILITIES ......................... E-5 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION &PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK ................ E-6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7-RESPONSIBILITIES OF THE CONTRACTOR ... E-7 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7.8 PROTECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8-FACILITIES FOR AGENCY PERSONNEL ..... E-11 8-1 GENERAL SECTION 9-MEASUREMENT AND PAYMENT ......... E-12 iii PART 2 CONSTRUCTION MATERIALS SECTION 206 - MISCELLANEOUS METAL ITEMS ...... E-13 SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS ........................... E-13 iv PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK .................... E-15 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION ...........................E-16 SECTION 304 - METAL FABRICATION AND CONSTRUCTION ........................... E-16 STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF STREET LIGHTING ............ E-17 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION ........................... E-24 v SECTION A NOTICE INVITING SEALED BIDS for the BLUFF TOP PHASE 6 CASH CONTRACT No. J in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on November 29, 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $50.00 nonrefundable fee. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance A-1 =� rt; •;� ...ram n.----�-t� - :..�������. with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 18th day of April, 1994. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTIN T N BEA H A-2 ,'•-FFr �!4 S.- .� _ . 'C_� Y-�F':i_"w'.ar�l'•.ii�y au��.. nn�.4c,__ _ _ -. . - � ..-- _ _. .. .�_- ..r.- �a- .v..--.c-w � .ra..-�._--__..- • .�.1.:Y� ��.> >`:.1r'S: a.— r= ._-- SECTION B INSTRUCTIONS TO BIDDERS 1. PROPOSAL FORMS Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 20W Main Street, Huntington Beach, California, which shall be endorsed with .the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. PRPQSAL QUARAhME Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10 % of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. IM 4. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for BLUFF TOP PHASE 6 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. RETM OF PROPOSAL GUARANTEES The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. CONTRACTOR'S LICENSE REQUIREMENT This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. MN 9. REFERENCES All reference information called for in the bid proposal must be submitted with the bid proposal. 1 • : • ills . Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. DISCREPANCIES AND MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. ,EQUIVALENT MATERIALS Requests for the use of equivalents to those specified, must be submitted to the AGENCY 14 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. LEGAL RESPONSIBLL= All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and - to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. :c 14. AWARD OF CONTRACT The award of contract; if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. MATERIAL_ GUARANTEE The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. EXECUTION OF, CONTRACT The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the notice of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. SUBMISSION OF BONDS ND INSURANCE The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. LIM 18. ADDENDA The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. MR --.�':'_.iwl.a.:h=i.-::�.i_:f�.�:w�-a.:��'�.satc'+�.i=-�-�ti:_-.fS'�-..�.[. w��i:�h':_.!_�_r..✓:_���ati�rw-.a-.�_.__._c.c..c�4-mow... _,.r. au.:�-�-FY:. �.-___ _ --- -- _`___ -. -- ._. ___ _ __ -___ __.. :. -._- SECTION C PROPOSAL for the BLUFF TOP PHASE 6 CASH CONTRACT No. $Q1 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 80 consecutive working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids C-1 PROJECT BID SCHEDULE BLUFF TOP PHASE 6 . Item : :Estimated Item: with Imit, Unit Price: Extended: No- tity.:.,.:.:: :,:Wn W . .. .... .. .. IM i. I L.S. Clearing and grubbing Dollars $ Cents 2. 4320 L.F. Temporary C.L. fencing with any required gates Dollars Cents 3. 522 C.Y. Removal of A.C. paving and base (9") Dollars s K Cents 4. 2 EA. Relocate concrete benches Dollars Cents 5. 4 EA. Relocate trash receptacles Dollars Cents 6. 5 EA. Remove, box and store palms Dollars Cents C-Is Item EstimAt6d;::-;: Ite'rn ixith unit price Unit Price xtend6d:.. Quantity :]..� :.written firW ..... .............. .. .... ..... ... .. ......... . ............... ....... .. . .......... . ..... 7. 12 EA. Remove dead palms Dollars $ Lob Cents 8. 19 EA. Removal of light standards at Bluff edge (ban to remain) (a Dollars s -'Y-V s .5-70o�'- Cents 9. 600 L.F. Remove redwood header Dollars $ 00 cents 10. 40 L.F. Concrete header removal a Dollars l"-0 s o s 4@ Cents 11. 131,545 Finish grade S.F. Dollars $ OV — 72. $ 35-67 - Cents 12. 1, 170 L.F. Concrete banding 6' x 8' Dollars s s cents 13. 180 L.F. Concrete header 6" x 6" Dollars S 8 S rents C-2s Item Fstinnated ` ..Item with unit price Unit Price Extended .. No. Quantity written in.words Amount 14. 297 TONS A.C. Paving ® 1 Dollars $ ��j m� $� 7� rents 15. 2175 S.F. Concretepavingat picnic tables Dollars 09 $ �Q $ / 3 (9500 rents 16. 2931 S.F. Interlocking pavers on sand on 4" PCC sub -base e s /z ° � s 3577z -0,((, (� Dollars AID rents 17. 4740 L.F. P.V.C. gutrdrail (42" high) ® Dollars $ -7 $ rents 18. 9 EA. Concrete picnic tables (15ANP Dollars S �eo $ rents 19. 1 EA. Traffic control. gate w/ signage per detail ® �Vv"�— �j�00i 7U0 Dollars $ $ ' "JD rents 20. 1 L.S. Electrical/lighting system GS Dollars $ f 25 1 SZ $ 25 (5 — Qz� f1�/�r.lrJhec , rents C-3s 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron grates CO ® 4" s r� s Dollars rents 23. 131,545 Soil preparation S.F. IQ _ Dollars 24. 157,500 S.F. Ground cover - Myoporum a Cents 25. 1 9,700 S.F. I Ground cover - Gazania r`rn is Dollars Dollars 046 1 s 6314 " (I s , 058 Is 3335 s , Z28 I s 2Z�r '10 11 26. 1,800 L.F. Redwood header ®- Dollars s 3 `J s S� Gents 27. f 64,345 I Turf(hydroseeded) S.F. rA, rents C-4 s Dollars I , (/Lt/� I s 3 Z5 i II 30. 1 1 EA. 31. 1131,545 S.F. rents Install relocated bike rack ® ��)v Dollars rents Irrigation System {� Dollars �2.;k.11lI1.1C�� it�t`h" 32. 1 L.S. Maintenance of entire project site during 80 worldng day construction period including existing landscape and irrigation Dollars cents 33. 1 L.S. 120 consecutive calendar day maintenance period of entire project site after completion of constructs` oQ � � r, ry rents C-5s 3001$ tea-= � $ �� $ u20 'g m 7 - ------ w Item Estimated: Items with unit price - -:: t Unit Pri Extend6d Ain 34. 200 EA. 5 gallon Bougainvilla "Purple Queen" - 'Monetb' to be located on landscaped slope areas in field by City Landscape Architect 00- $ < 7 - -rr ' ')6 (45 I1f� Dollars 0 Cents TOTAL AMOUNT ALTERNATES IN FIGURES: 11 qv TaTAL AMOUNT ADDITIVE ALIT?RNATESIN WORDS. c/o t�wj TOTAL BID AMOUNT IN F16uREs:. 7-7 11 S 5 (a 1 TOTAL BID AMOUNT IN WORDS: 5�t� &A—tA9ziz . ? ?4- 4 C-6s and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10 % of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. .: :Partro;� of Work Name of Subcontractor and Address Sram l; eMw Number :Class: C,JaADr cii +cn[ ! o- NE Eb AAVe5 h55x1AT5 A111-A Lo;N►A . i6L 7oi B Vlnl PAV ipi 67 12-70 5vbifi& V4 ANA06MA 4516 7J4"5Pf L- VG 5� w - nvc Eor, - _6iM i J Aug `I3 G �' (44 (ia • Z301 fo M o +VC 5j *, A L, i,i 7 ms3 e (3 54 zq95 VkN P_x," 6PP. A) ..34 Now See ; Z50-3 j 220(1 .SAPW Fha*Ro. ?R 2 AA16A G+. 9040 4-zo&I Z B e z9 c P 0-4F/ T GI Pr6 . a�i7� l0�4 3r15 C By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY )BIDDER AND SUBNHTTED WrM BID State of California County of Orange ss. FELLA being first duly sworn, deposes and says that he or she is of C�,4jki • the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. FE■ A ■ ,mo igna re of 13i4der I S. ,SU,�AK k �5t �i eA, q A ress of Bidder Subscribed and sworn to before me this Zat6 day of CMS, 19—% . NOTARY PUBLIC P'k"('1V4I �C4' 2 �L V OFFICIAL SEAL CHERYL ANN MACKAY 1 T • NOWY Public California l C-4 �. OIIANGF COUNTY MY COmmisslon Exp. 12/2 1195 _� ►i11 M Ii�M �R'�� � �1T1 ill y HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as BLUFF TOP PHASE 6, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 11-2q-94 LIA .,?RG5iDe8I TEE C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. RAZA LAND5 TAC. Contractor By i iue Date: C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be'permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two worldng days before scheduled excavation. Dig AIert Identification Number. Date: 111 2>1 i 1�r PLtqm ontractor Y ie Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PLAZA LAW)SC-A-12C, . Bidder Name 1449 6, 6U/11<15- - 6M Eusines§ Address 4vf} 96El m , 64, 1 72-&6 7A 77,� - G �� Telephone Num er se'No ItIi-7 The work site was inspected by e Shel of our office on A1QV, 19. �, The following are persons, firms, and corporations having a principal interest in this proposal; C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PLAzA om e SigrAture, of BVdej� ILLIP F-leu%S Printed or Typed Signature 14465, I�fl<f5t Sf. CIA EIrj? . N. 9Z966 Address of Bidder CIA) -71� — 6611 Telephone Number Subscribed and sworn to before me this Z� day of Pit 19. NOTARY OFFICIAL SEAL CH€RYL ANN MACKAY Nolary Public California ORANGE COUNTY Icy Commission Exp. 12 ZI 96 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: . t 1. 01 a Name and Address 4 Name and Telephone No. of Project Mana er: I r' �� �— QDvelne-Ai S 3 S 3 Contract Amount Type of WorkDate- Corripleted Name and Address Name and Telephone No. of Project Manager: �'�r � cgoq� D_ � �10. Les�p �4%-ZG 93 — -- _ I Name and Address P ln Name and Telephone No. of Project Manager: 1 33 d-W Z(5 ontract mount TvDe of WorkDate C6MDleted C-10 SECTION D SAMPLE CONTRACT D-1 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR BLUFFTOP IMPROVEMENTS FROM GOLDENWEST STREET TO THE NORTHERN CITY LIMIT TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER .12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 B/agreeNufflopVD8117M Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR BLUFFTOP IMPROVEMENTS FROM GOLDENWEST STREET TO THE NORTHERN CITY LIMIT THIS AGREEMENT, made and entered into this day of 119 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as blufftop improvements from Goldenwest Street to the northern CITY limit, inGuding installing irrigation and landscaping improvements, repairing and separating bicycle and pedestrian trails, replacing the existing safety railing along the bluff edge and installing a new safety lighting system, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except 1 6/agree/bluffiop/Wi 7/94 such as are herein expressly stipulated to be bome 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. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter 2 6/egree/blufftop/Ml 7/94 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 lnstructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE 3 WgreeNutrtop/M17/94 The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, fumish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change 4 6/agree Wufftop/08/17/94 order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR 5 61agreelbkufflop*&J B194 shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business _ licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. 6 61agree/NufRop/Mi a►94 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall 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; 7 6ragree/blufftop/Ml 8194 (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by 8 6lagreelblufftop.Wl 8/94 DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs 9 61agreeJblurftopWi 8/94 and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, prod uctslcompleted operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, 10 6/a9reWb1utfto;)iW1 BM4 subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. if coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carer and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 11 61agrm bluf ftoploall 8194 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 12 filagreelblufffoWftl a194 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 13 6lagreaNufftoplo&i 6/94 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/President/Vice President By: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. ity Attorney Secretary - Treasurer INITIATED AND APPROVED: ATTEST: JK Director of Public Works City Clerk - 14 6/agreelblufflop/0811 a194 SECTION E SPECIAL PROVISIONS All the Work to be done under this contract shall be in accordance with these Special Provisions and the Standard Specifications for Public Works Construction, 1991 edition, including the 1992 supplement, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher: BNi Building News 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications set forth above, referred hereinafter as Standard Specifications, will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The section numbers of these Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out. PART 1 GENERAL PROVISIONS .SECTION 1-TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS [Add or redefine the following:]. AGENCY - The City of Huntington Beach. Board - The City Council of the City of Huntington Beach. Caltrans - The State of California Department of Transportation. County - The County of Orange. Engineer - The City Engineer of the City of Huntington Beach or his authorized representative. E-1 SECTION 2-SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT [Replace with the following:]. Within 10 working days after the date of the AGENCY'S notice of award, the Contractor shall execute and return all contract documents required by the AGENCY. The AGENCY reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS [Add the following:]. The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to endurance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the AGENCY, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by AGENCY of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the AGENCY. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General [Add the following:]. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as -built conditions. Upon completion of all Work, the Contractor shall return the control set to the Engineer for approval. Final payment will not be made until this requirement is met. E-2 Reference in the Special Provisions to "State Standard Specifications" shall mean the Standard Specifications, latest edition, of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California - Department of General Services Publications Distribution Unit P.O. Box 1015 North Highlands, California 95660 Reference in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Huntington Beach, and where applicable, the following: Standard Plans for Public Works Construction, published by the American Public Works Association, latest edition. Standard Plans, published by the Orange County Environmental Management Agency. Standard Plans, published by the State Department of Transportation, latest edition. Applicable Standard Plans for this project are contained in Appendix I of these Special Provisions. 2-9 SURVEYING 2-9.1 Permanent Survey Markers [Add the following:]. When the Contract does not include a pay item for monument adjusting as specified, and unless otherwise provided in the Specifications, full compensation for adjusting to finished grade shall be included in the price bid for other items of work and no additional compensation will be allowed therefor. E-3 SECTION 4-CONTROL OF MATERM S 4-1 MATERIAIS AND WORKMANSHIP 4-1.1 General [Add the following:]. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Security of this guarantee shall be in the form of a Maintenance Bond furnished to the AGENCY by the Contractor. There shall be specific wording in the Maintenance Bond, that includes the guarantee or warranty of the labor and materials for a one year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be for 100 percent of the total amount earned to date as indicated on the final progress payment. The AGENCY reserves the right to withhold the retention until the Maintenance Bond has been accepted by the AGENCY. The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice. Failure to comply with such notice, will cause the AGENCY to file claim against the bond. Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the AGENCY, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 4-1.4 Test of Materials [Replace the third sentence of the first paragraph with the following:]. Unless otherwise provided, all testing shall be performed under the direction of the Engineer and the AGENCY will bear the cost of initial testing of material and workmanship which are required by the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to.pass the first test, shall be borne by the Contractor. 4-1.6 Trade Names or Equals [Replace the last two sentences of the first paragraph with the following:]. Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth in the Instructions to Bidders. E-4 SECTION 5-UTILTPIES 5-1 LOCATION [Replace the first sentence of the last paragraph with the following:]. The location and existence of any underground utility or substructure indicated on the plans was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall pothole all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by the Work. 5-4 RELOCATION [Replace the second sentence of the last paragraph with the following: ] . When not otherwise required by the plans and specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections, as necessary, between the meter and property line, or between the meter and limits of construction. 5-5 DELAYS [Add the following paragraph:]. All notification to utility companies insofar as the relocation or removal of a utility shall be made by the Engineer based on Contractor's request as submitted to the Engineer at least 48 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect excepting thereof any delay cost incurred as a result of the utility company not responding at their agreed time. E-5 SECTION 6-PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK [Replace the first sentence of the first paragraph with the following:]. The Contractor's proposed construction schedule shall be submitted to the Engineer within 10 working days after the date of the AGENCY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION 6-7.1 General [Add the following:]. The time within which the Work must be completed by the Contractor is fixed at 80 consecutive working days, starting from and after the date in the Notice to Proceed with the Work, exclusive of the 120 consecutive calendar day maintenance period. 6-7.2 Working Day [Add the following:]. The Contractor's activities shall be confined to the hours between 7:00 A.M. to 5:00 P.M., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. in the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 LIQUIDATED DAMAGES [Amend the liquidated damage amount to read:]. {$250.00) E-6 SECTION 7-RESPONSIBII.TI'M OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES [Add the following:]. A noise level limit of 95 dbl at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 7-2 LABOR 7-2.2 Laws [Add the following:]. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 LIABILITY INSURANCE [Add the following:]. The insurance company issuing the Certificates of Insurance is required to be duly licensed to transact business in the State of California. 7-5 PERMITS [Delete Subsection in total and substitute with the following:]. Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor, at no additional cost to the AGENCY, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. - 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control [The second paragraph is amended to read:]. Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self - loading motor sweeper with spray nozzles as necessary to keep paved areas acceptably clean wherever construction, including restoration, is incomplete. E-7 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures.) which are damaged or removed as a result of his operations. Relocations, repairs, replacements or reestablish ments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Delete the last paragraph and substitute the following:]. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or reestablishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access [Add the following:]. All traffic control that may be required shall be in accordance with the latest edition of the following documentation: Caltrans - Manual of Traffic Control Devices for Construction and Maintenance Work Zones, Traffic Manual, Sign Suecifications, Standard Plans, Standard Specifications and the AGENCY's Maintenance Work Traffic Control Manual. The Contractor shall provide, to the Engineer, a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. Prior to the start of construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate starting date, completion date, and the name and telephone number of contractor representatives who may be contacted at any hour in the event of an emergency. POLICE DEPARTMENT: Watch Commander ........... @(714) 960-8809 FIRE DEPARTMENT: Battalion Chief/Development, ....... @(714) 536-5411 The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. E-8 If tht traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall- immediately replace or restore to their original location, in an upright position, the cones or portable delineators. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation Standard Plans and the current City of Huntington Beach Maintenance Work Traffic Control Manual. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. Warning Signs Adequate warning signs shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. 7-10.3 Street Closures, Detours, Barricades [Add the following:]. Street closures will not be allowed except as specifically permitted by the Engineer. 7-10.5 Protection of the Public [Delete Subsection in total and substitute with the following:]. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of Work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order E-9 to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. E-10 SECTION 8-FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL [Add the following:]. No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor, at any time during the operation of the Work. E-11 SECTION 9-MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General [Delete the last paragraph and substitute with the following:]. At the expiration of 35 days from the filing and recording of the Notice of Completion of the Work, the amount deducted from the final estimate and retained by the AGENCY will be paid to the Contractor except such amounts as required to be withheld by properly executed and filed to stop payment, or as may be authorized by the contract. 9-3.2 partial & Fnnal Payment [Amend the first sentence of the first paragraph to read:]. The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY'S payment procedure. Each month, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Add the following to the end of the section:]. Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set bf specifications and plans indicating the as -built conditions and any other item required to be turned over for the specifications. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon, the AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by the AGENCY. E-12 PART 2 CONSTRUCTION MATERIALS SECTION 206 - MISCELLANEOUS METAL ITEMS 206-5 Metal Railings [Add the following:] Pipe railing shall be constructed of rigid polyvinyl chloride as manufactured by Saffron Safety Railing Company, Phone 305/233-5511 or equal. Top rail consists of a schedule 40 outer member that runs continuous from post to post andd-a schedule 40 inner member that runs continuous for length of rail, spliced as required. Middle rail is the same as top rail except that inner member is continuous from fitting to fitting. Bottom rail is the same as top rail except that inner member is continuous from post to post. Vertical post consists of an outer and inner member that runs from fitting to floor. Height as required by applicable building codes. For additional rigidity, galvanized steel pipe, schedule 40 is incorporated from bottom of post with a total length of 43" to give 40-41" height of post dependant upon how deep hole is cored into concrete. Picket (intermediate post) is made of same material as above rails but at schedule 80 thickness. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1.2 Soil Fertilizing and Conditioning Materials: [Add this Section:] 212-1.2.3 Commercial fertilizer. Amend the soil with 300 E-13 lbs, of 16-20-0 commercial fertilizer per acre. 212-1.2.4 Organic soil amendment. Amend the woil with an application of Virgin Wood Fiber (Best) at 2000 lbs. per acre. 212-1.2.6 Agricultural gypsum shall be utilized as part of the soil conditioning work. Analysis of gypsum shall be 92% calcium sulfate CaSO4 - 2H20 (gypsum), 17% combined sulfur. 212-1.4 Plants 212.1.4.2 Trees: Plants and palms shall be inspected and approved by City Representative at the Contractor's source prior to delivery to the project site and until acceptance of the work, for size, variety, condition, latent defects and injuries. Source of palm trees shall not be more than 30 miles from a coastal area. 212-1.4.5 Sod and stolons (turf grass) Seashore Paspalium stolons should be applied at a rate of six (6) to eight (8) bushels per thousand (1000) square feet. (260 to 350 bushels per acre) E-14 PART 3 CONSTRUCTION METHODS SECTION 300-EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials. 300-1.3.1 General [Delete Subsection in total and substitute with the following:]. No burning will be permitted. No accumulation of flammable material shall remain on or adjacent to the right- of-way. The roadway and adjacent areas shall be left with a neat and finished appearance. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the pre job meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route. 300-2 UNCLASSIFIED EXCAVATION 300-2.1 General [Add the following:]. Unclassified excavation shall include excavating, removing, hauling and disposal of all material including asphalt concrete pavement to the subgrade elevations indicated on the plans as required to construct the new paving improvements. All cost for unclassified excavation shall be included in the cost of related items of work and no other compensation will be allowed. SECTION 301 - TREATED SOILS, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1.6 Adjustment of Manhole Frame and Cover Sets to Grade [Replace the first two sentences with the following:] Utility manhole and vault frames and covers, sewer and storm drain manhole frames, water valve frame and covers, water meter boxes and electrical, telephone and cable T.V. pull boxes, within an area to be paved or graded shall be set to finish grade by the Contractor. E-15 301-1.7 Payment [Delete the third and fifth paragraph and add the following:] All cost to adjust manhole frames and covers to grade shall be included in the cost of related items of work and no other compensation will be allowed. SECTION 303-CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE PAVING 303-5.9 Measurement and Payment [Add the following:]. Payment for all 4" thick concrete paving shall be per S.F. contract bid unit price, Such price shall constitute full compensation. (Finishes as noted on plans.) Payment for concrete mowstrips with base shall be per L.F. contract bid unit price. Such price shall constitute full compensation. Payment for all expansion joints, cold joints, tooled joints, sawcut joints, welded wire mesh, steel rebar and base material shall be included in each concrete construction item containing those materials. Payment for all interlocking pavers on sand, on a 4" concrete base shall be per S.F. contract bid price. Such price shall constitute full compensation for all material including brick pavers, sand and 4" concrete base. SECTION 304 - METAL FABRICATION AND CONSTRUCTION 304-1 METAL RAILINGS 304-1.1 Metal Hand Railings. 304-1.1.4 Measurement and Payment. [Add the following:] The rigid polyvinyl chloride railing will be measured and paid for by the linear foot from end to end along the face of the railing, including rails, posts intermediate rails and terminal sections. E-16 STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF STREET LIGHTING 0 THE CITY OF HUNTINGTON BEACH March, 1994 Installation of new or modification of existing traffic signals, systems, street lighting, and Emergency Vehicle Pre-emption equipment shall conform to the provision in Section 86, "Signals and Lighting" of the Standard Specifications, and the Standard Plans of the State of California, Department of Transportation dated July, 1992, applicable sections of the National Electrical Code, current City of Huntington Beach Standard Plans, and these special provisions. The City of Huntington Beach Traffic Engineer shall be the sole arbiter of the prevailing specification should a conflict arise between Section 86 of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation, the National Electrical code, current City of Huntington Beach Standard Plans, the plans, and these special provisions. Such other items or details not mentioned, that are required by the plans, Caltrans Standard Specifications, Caltrans Standard Plans, the National Electrical Code, current City of Huntington Beach Public Works Department Standard Plans, or these Special Provisions shall be performed, placed, constructed or installed to provide a totally functioning operation as intended. The contractor shall supply all materials and equipment necessary to perform the work as specified herein unless noted otherwise on the plans. The following items are modifications to specific portions of Section 86, "Signals and Lighting" of the July, 1992 Standard Specifications and Standard Plans of the Department of Transportation (Caltrans) of the State of California. :. 1 The following terms and definitions shall be added to 586-1.015: The City shall be defined as the City of Huntington Beach. The Engineer shall be defined as the City of Huntington Beach Traffic Engineer or his representative. The phrases "State owned", "State furnished", or "State supplied" (and similar terms) shall mean City of Huntington Beach owned, City of Huntington Beach furnished, or E-17 City of Huntington Beach supplied unless noted otherwise on the plans. The following shall be added to §86-1.03: One (1) complete set of project plans and these special provisions shall be kept on the job at all times, to be used as record drawings. Throughout the duration of the contract work, it shall be the responsibility of the Contractor to maintain a currently updated record of all construction changes and variations from the contract drawings. Two (2) complete sets of "As -Built" prints shall be delivered to the Traffic Engineer, 2000 Main Street, Huntington Beach, CA 92648 upon completion of the work. The contractor shall keep at least one copy of the current State of California Department of Transportation (Caltrans) Standard Plans and Standard Specifications on the job at all times. §86-1.04 shall be amended to read: Materials lists, manufacturer's data, warranties, guarantees, brochures, technical data, operating manuals, et., shall be labeled and identified, and shall be submitted in bound booklet form prior to acceptance of the project. The first sentence of the sixth paragraph shall be amended to read as follows: Where damage is caused by the Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities within twenty four hours in accordance with these specifications. The following shall be added to §86-2.01: Backfilling in roadway areas shall be with one (1) sack P.C.C. slurry to bottom of roadway surfacing material unless otherwise directed by the Engineer or shown on the plans. All "Potholing" within roadway areas shall be backfilled with City -approved "one sack slurry" mix. Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to 90% Relative Compaction unless directed otherwise by the Engineer. E-18 The second paragraph shall be amended to read as follows: Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the sidewalk, curb, gutter, or driveway shall be removed completely from score line to score line. Sidewalk shall be replaced from back of curb to back of walk, curb and gutter shall be replaced from edge of sidewalk to edge of asphalt, and driveways shall be replaced at the direction of the Engineer. Portland Cement Concrete (P.C.C.) shall conform to §303-5 of the latest Standard Specifications for Public Works Construction (commonly referred to as the "Green Book"). Improvements shall be installed per the latest City of Huntington Beach Public Works Department Standard Plans. 6-2 ondui The first paragraph shall be amended to read: All new buried conduit, except as noted on the plans, shall be Schedule 80 rigid non- metallic type conforming to UL Publication UL651 for rigid non-metallic conduit. Non- metallic bell end bushings, Carlon plus E997J or approved equal, are to be placed on the terminating ends of all conduits prior to installing the conductors. The third paragraph, item number six, shall be amended to read: Not otherwise specified shall be 2-inch. The eleventh paragraph shall be amended to read: A No. 12 copper pull wire shall be installed in all conduits which are to receive future conductors. At least 2-feet of pull wire shall be doubled back into the conduit at each termination. The thirteenth paragraph shall be amended to read: Conduit shall be laid to a depth not Iess than 18 inches below or greater than 36 inches below grade in portland cement concrete sidewalk areas and curbed paved median areas, and not less than 30 inches below grade or greater than 48 inches below finished grade in all other areas, unless shown otherwise on the plans. E-19 ' The 'twenty-seventh paragraph shall have these additional requirements: Conduit entering pull boxes shall terminate a minimum of 2" above the grouted bottom of the pull box and not less than 8" from the top of pull box. The conduit shall be placed in a manner that facilitates pulling of conductors in a straight line and clearing box wall by 2" (angle of exit). The fist paragraph shall be amended to read: All new pull boxes shall be plastic lined PCC, except where noted otherwise on the plans. All new pull box extensions shall be PCC, except where noted otherwise on the plans. All new pull box lids shall 'be fiberglass, except where noted otherwise on the plans. Pull box lid bolt -down hardware shall not be required unless noted otherwise on the plans. All new pull boxes shall be No. 6 unless noted otherwise on the plans. New pull boxes and pull box lids shall be the following Christy Concrete Products, Inc. pull boxes, or approved equal: State Standard Plan ES-8, "Pull Box Details", Note 4-a.5 and b.10, shall not apply to this project. K&RIMOMMA�. The second paragraph shall be amended to read: All new pull box installations shall be grouted. The pull boxes shall be bedded in crushed rock as shown on the plans and shall be grouted prior to the installation of conductors. The grout shall be between 0.5-inch and one inch thick and shall be sloped toward the drain hole. A layer of roofing paper shall be placed between the grout and the crushed rock sump. A one inch drain hole shall be provided in the center of the pull box through the grout and the roofing paper. E-20 The 'third paragraph shall be amended to read: Where the sump of an existing pull box is disturbed by the contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Where the sump of an existing non -grouted pull box is disturbed by the contractor's operations, the sump shall be reconstructed and new grout and roofing paper shall be placed as described above. The following shall be added to §86-2.06C: No new or existing pull box shall be located in or within 1' of any wheelchair ramp. 86-2-2.08 Conductors and Wiring The following shall be added to §86-2.08: Conductors, #10 AWG or smaller, shall be solid. Conductors, #8 AWG or larger, shall be stranded. The following shall be added to §86-2.09C: Compression -type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. §86-2.09D shall be amended to read: Splices in street lighting (multiple circuit) and intersection safety lighting conductors shall be made in the -base of the standard or adjacent pull box. Splices in street lighting or intersection safety lighting conductors shall conform to §86- 2.09E and Standard Plan ES-13. Splices shall be insulated by Method B for Handcrafted Insulation. 86-2.10 Bonding and Grounding The second sentence of the seventh paragraph shall be amended to read: Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel and meet the requirements of the Code. E-21 - ' 11 Servi The following shall be added to §86-2.11: The eight paragraph shall be amended to read: Service equipment enclosures shall be fabricated from aluminum and conform to the requirements of §86-3.07A, "Cabinet Construction." Service equipment enclosures shall be provided with a baked enamel finish coat, white in color and a method of securing the enclosure utilizing a padlock. With a City -furnished padlock in place, it shall not be possible to force entry into the enclosure by hand without the use of tools. Service enclosures shall conform to City of Huntington Reach Standard Plan No. 402, unless shown otherwise on the plans. The eleventh paragraph shall be amended to read: The Contractor shall be responsible for applying for an arranging with the serving utility to complete service connections for both temporary and permanent installations, and the Contractor shall pay all costs and fees required by the utility. The twelfth paragraph shall be amended to read: All costs of all electrical energy utilized until the successful completion of the functional testing period(s) for new street lighting and/or traffic signal systems shall be the contractor's responsibility. Upon the successful completion of the functional testing period(s) the subsequent costs of all electrical energy utilized to operate the newly installed system shall be the responsibility of the City. The fourteenth paragraph shall be deleted from this section. 86-2.14A Materials Testing The following shall be added to §86-2.14A: For City funded or administered projects, the City will be responsible for the costs of the initial soil and geotechnical material tests. The costs of all subsequent soil or geotechnical material tests deemed necessary due to the failure of the initial tests shall be the responsibility of the contractor. The contractor shall be responsible for the costs of all soil and geotechnical materials testing for privately funded projects, as required by the Engineer. The second sentence of the first paragraph shall be amended to read: The costs of all equipment and materials testing, except as noted otherwise in this section, shall be the contractor's responsibility. E-22 ' The Fourth paragraph shall be amended to read: The contractor shall allow 30 days formaterial and equipment testing from the date the material or equipment is delivered to the test site. When the equipment or material being tested has been rejected for failure to comply with these specifications, the contractor shall allow 30 days for subsequent retesting. The retesting period shall begin when the corrected equipment or materials are made available at the test site. The sixth paragraph shall be amended to read: It is the contractor's responsibility to pick up and deliver all required materials and equipment to and from the point of purchase, the test site, and the work site. The City shall not be responsible for pick up or delivery or any materials or equipment unless noted otherwise on the plans or in these specifications. 82-2.14C Functional Testing The first sentence of the fifth paragraph shall be amended to read: The City shall be responsible for the costs of electrical energy for testing of modified, city -owned street lighting and traffic signal systems. 86-9 Street Lighting. General This section shall be an addition to the sections present in Section 86 of the Caltrans July, 1992 Standard Specifications. City -owned street lighting systems shall be constructed utilizing the previous special provisions and the following material and construction specifications: The contractor shall install a pull box adjacent to the new street light pole base with 1 1.5-inch conduit between the pull box and the street light. The street light pole foundation installation shall comply the pole manufacturer's recommendations. All street lighting and intersection safety lighting poles shall have an in -line fuse installed. Street lighting poles shall have the in -line fuse installed in the pull box adjacent to the pole. Intersection safety lights shall have the in -line fuse installed in the pole base of the traffic signal pole or lighting pole supporting the intersection safety lighting luminaire. The in - line fuse shall include a water -tight housing and shall be Fusetron or approved equal. For privately funded projects, all costs associated with design, encroachment permit applications, inspections, installation of street lighting equipment, materials, or labor associated with the street lighting installations or modifications shall be the contractor's responsibility. E-23 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 308-2.3.2 FERTILIZING AND CONDMONING PROCEDURES [Add the following:] The following soil amendments shall be uniformly broadcast and thoroughly incorporated to a depth of 6" by means of mechanical rototiller (or equal): • 200 lbs. of granulated agricultural gypsum per 1000 sq.ft. • 6 cubic yards of nitrogen stabilized organic amendment per 1000 sq. ft. • 15 lbs. 12-12-12 commercial fertilizer (to be incorporated into soil following the leaching process). • soil sulfur granulated. The contractor shall apply 12" of water onto the project site to allow leaching of the soils. The 12" of water shall be applied over a 15 day period. The contractor shall construct a 6" high x 12" wide soil berm around areas requiring leaching to form ponding areas. Ponding areas shall maintain 1" minimum water coverage over the 15 day leaching period. Leaching period may be decreased at the direction of the Engineer. 308-4.4 SPECIMEN PLANTING [Add the following:] For all tree material 24" box and larger and palm trees, a 12" diameter hole shall be augured to a depth of 16 feet below the bottom of the planting pit. Clean, coarse sand shall be used without amending for backfill to the depth of the rootball. The following backfill mix shall be used around the rootball for palms: • 6 parts by volume import soil • 1 part by volume nitrogen stabilized organic amendment • 1 lb. of 12-12-12 commercial fertilizer per cubic yards of mix • 2 lbs. of iron sulfate per cubic yard of mix All palms shall be guaranteed for one (1) year for time of final project acceptance by the City. 308-4.5 TREE AND SHRUB PLANTING [Add the following:] The following backfill mix shall be used around the rootball for all trees and shrubs: E-24 i • • 6 parts by volume import soil • 4 parts by volume nitrogen stabilized organic amendment • 1 lb. of 12-12-12 commercial fertilizer per cubic yards of mix • 2 lbs. of iron sulfate per cubic yard of mix 308-6 MAINTENANCE AND PLANT ESTABLISHMENT [Change the 2nd sentence in the 5th paragraph to red:] The plant establish and maintenance period shall be for a period of 120 calendar days and shall be extended by the engineer if the planted areas are improperly maintained, appreciable plant replacement is required or other corrective work becomes necessary. [Add the following:] Beginning with the notice to proceed, the contractor will take over the maintenance of all existing planted areas, including lawns, trees, groundcover, shrubs and irrigation systems within the project site (Golden West St. to Northwest project limits, Bluff top edge to Pacific Coast Highway). This maintenance of existing planted areas is in addition to any new area to be landscaped per the project plans and specifications. Project maintenance will continue through the 80 working day construction period and the 120 calendar day plant establish period. The contractors maintenance of the existing site will end upon a acceptance of the site by the City at the end of the plant establish period. Maintenance of the new and existing landscaped areas shall include mowing of lawns on a weekly basis, trimming palms of dead frongs, edging, weeding, Rodent control, fertilizing every 30 days, repairing damaged irrigation items and any other items that would be considered as maintenance of landscaping. 308-8 PAYMENT [Add the following:] Payment for 80 working day maintenance period shall be at the lump sum contract bid unit price and shall include all labor, materials and equipment needed to complete the work. Such price shall constitute full compensation. No additional compensation will be allowed for project delay due to either the contractor or the weather. Payment for 120 calendar day maintenance period shall be at the lump sum contract bid unit price and shall include all labor, materials and equipment needed to complete the maintenance work for the entire site. E-25 i Anjo, Ja;>Qrt Phriza IffuDselipe, file j• •F 1445 South Sunkist Street . Anaheim. California 92806 PROPOSAL FOR: BLUFF TOP PHASE 6 CASH CONTRACT NO. 801 PROPOSAL DUE: 2:00 P.M. 11-29-94 PUZ3 ftfinDscape, Inc. 1445 South Sunkist Street • Anaheim. California 92806 CITY OF HUNTINGTON BEACH CITY CLERK, SECOND FLOOR 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 j SECTION C PROPOSAL for the BLUFF TOP PHASE 6 CASH CONTRACT No. NI in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 80 consecutive working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids C-1 PROJECT BID SCHEDULE BLU" TOP PHASE 6 :Item ):stimatL..item wi un�t:prlce Unit Price extended Nd Cuxritit <wrntteii warty....: ....:... �. Amout 1. 1 L.S. Clearing and grubbing J g� /.~«+ 'y Cents 2. 4320 L.F. Temporary C.L. fencing with any required gates Dollars S S zj-,o t} Cents 3. 522 C.Y. Removal of A.C. paving and base (9") ®! ,-, '> Dollars Cents 4. 2 EA. Relocate concrete benches ,-r ars .y2 Cents 5. 4 EA. Relocate trash receptacles Dollars Cents 6. 5 EA. Remove, box and store palms r �� r''`„/ �"' Dollars 2 �� s $ Cents C-1 s Item- Patin &6d Iti with u-t-I t i�te :.:: Unit Priee : extended No. -:::Quantity wriiten'iri wards :. r Amount 7. 12 EA. Remove dead palms ® Sl x l-4- - .. Dollars AJ v - --Cents $ �2 2,= L� — 8. 19 EA. Removal of light standards at Bluff edge (base to remain) Cents 9. 600 L.F. Remove redwood header ® Dollars �-' Cents 10. 40 L.F. Concrete header removal 1-2 c 1 Dollars Cents 11. 131,545 Finish grade S.F. Dollars o 7 J S, Cents 12. 1,170 L.P. Concrete banding 6" x 8" Dollars $ 9 / 0 0 rents 13. 180 L.F. Concrete header 6" x 6' /-!; j i? - - --- Dollars $ Cents C-25 -Item stuffAtgd loam with unit`pnce UnitPr':ce Extended Na. ..'Quantity written ie words Arnortttt 14. 297 TONS A.C. Paving ® I i Dollars $ 90 " $ 6 7 b Cents 15. 2175 S.F. Concrete paving at picnic tables Dollars $ $ G� � Cents 16. 2931 S.F. Interlocking pavers on sand on 4" PCC sub -base b $�N ® _ Dollars nts 17. 4740 L.F. P.V.C. guardrail (42" high) Dollars $ 201 r $ ants 18. 9 EA. Concrete picnic tables cAlL . f' °%''� ��` Dollars $ y u $ Ex 7 0 �� Cents ... 19. 1 EA. Traffic control gate wl siignage per detail ® �N�•—�* +1 h� ' ` ��``� Dollars Vents 20. 1 L.S. Electrical/lighting system Vents C-3s Item Tsshtnaled Item with ugit Vince ::.: :.Unit Price =Extended Nn Quenttty written in WOMB -. ME Amount 21. 115 L.E. 4" P.V.C. Sch. 40 drainline ® /�.^r.�cJ .4..�o Dollars $ $ j 72_zr rents 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron grates /J rents 23. 131,545 Soil preparation S.P. Dollars $ C? $ 2 OY7 .� Si,cr�%y (ants 24. 57,500 Ground cover - Myoporum S.F. Dollars $ % Cents 25, 9,700 S.F. Ground} cover - Gazania ® N G Dollars $ Cj $ J rents 26. 1,800 L.P. Redwood header Dollars $ �,i��o $ rents 27. 64,345 Turf (hydroseeded) S.P. ® Dollars $ -Sr x -rents C-4s Item €Ehri�a;ed :Item vl+ith udif price :: Unit Price:.:. Ext6ded No. :Quantity written in wordy U.Ariiaunt 28. 1230 L.F. Palm trees (B.T.H.) including sumps. (B.T.H.) (101 EA.) ® �`�'y''' ��'�a Dollars $ ,!� C� $ ] 7p Vents 29. 5 EA. Replant palm trees including sumps Dollars $ -To •" rents 30. 1 EA. Install relocated bike rack ®(�ir��; ,�� j �r.�,"r `SDollars $ $ l� rents 31. 131,545 Irrigation System S.F. 3Z y Dollars $ O 7Z"uLents 32. 1 L.S. Maintenance of entire project site during 80 working day construction period including existing landscape and irrigation $ Y-51-VJ -e "!"%Dollars J .Lents 33. 1 L.S. 120 consecutive calendar day maintenance period of entire project site after completion of construction $ %622 $ 2 E c,y x-"r? Dollars ,Cents C-5s L Ttcm �.I;st�mated >ittm with anal �nre Unit price � Ezterided No Quantity written in words Amiiunt 34. 200 EA. 5 gallon Bougainvilla "Purple Queen" - 'Moneth' to be located on landscapes} slope areas in field by City Landscape Architect $ 2 a " $ 4/ Dollars /\ i a ,. Vents TOTAL AMOUNT BID IN FIGURES: $ TOTAL AMOUNT BID IN WORDS: _ Si![ l�vf lq�rP/ %a i NA �✓ G/W ADD ALTERNATIVES Rein No Item with unit price written words Unit Price Mtended :.Amount Estimated : Quantity::: A-35 4,740 L.F. 42" High Daisy Fencing ® ,—f /` T Dollars Cents $ y $ /6 3 S 3 C"/=r`l TOTAL AMOUNT ALTERNATES IN $ FIGURES: TOTAL AMOUNT ADDITIVE ALTERNATES IN WORDS: TOTAL BID AMOUNT IN FIGURES: $ TOTAL EID AMOUNT IN WORDS:Six �,, d� S. acres ONc 7o�a yea C-6s and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or 'Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBNIITTED WrM BID State of California ss. County of Orange I�t11 tc.v� Rohe.+r�1- iKdnc�rv�, being first duly sworn, deposes and says that he or she is ►� ��+ of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusiv or sham bid. WAK MAMB-BADY CIRC' 92709 i823 FpuNiAlN VALLEY' C Name of Bidder o5: i d d 1893 i i A . '6JdQ Ct re. -le �FOOa4c,-�alk 141 le-t Address of Bidder Subscribed and sworn to before me this 3 day of - - -- . 19-2-(4 . NOTARY Francis Carona Comm. 11020 C-4 COW on" No IR r"M 101 MY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as BLUFF TOP PHASE 6, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: /l_ %27/�L WAKEHAM-BAKER INC. 18237 MT. BALDY CIRC. OntraGt y THIe / I DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance%gi�pA"ti4}bcontract. 18237 MT. BALDY CIRC. FOUNTAIN VALLF-Y, CA 92708 Date: Contractor Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be'permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. Title Date: ll L2- '`� WE WAO 1! 1 �Wll I � IRO. , OX 92708 Note: This form is required for every Dig Alert IdentUt"cation Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: a2) z -7 ? -Y / o tl 7'Pla"h,^na N.Imhav The work site was inspected b c k-C-4—of our office on r��2�i�si, 19 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 • The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. kkjxe� - t3c� 9AC, ompany Name Signature of Bidder. Printed or Typed Signature 14S 23`7 3c s v R30�v� ✓G� i le �� Address of Bidder -31 � -14 io 0 Telephone Number Francis CW; �r�a Subscribed and sworn to before me this 23dayof en 19°� L" Comm. i102�0 �� �NOTARY PIJ" - CAtI/M NOTARY NOTARY SEAL Listed below are the names, address and telephone numbers for three the bidder has performed similar work within the past two years/ 1. 2. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of WorkDate CompletR Name and Address Name and Telephone No. of Project Manager: ; Contract Amount Type of Work Date Completed 3. Name and Address Name and Telephone No. of Project Manager: r — Contract Amount Type of Workate Complet C-10 HUN Tflilu 7G." Nou 29,-) i'li '94 F WA A 2 9 V"-B4KD 7 AC R IM2*4 aerarml Erxjwmering Corro'ector 0 M -"MM Sister Ave- Fountain Valley. CaL Brae Yo. H SECTION C PROPOSAL for the BLUFF TOP PHASE 6 CASH CONTRACT No. $Ql in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 80 consecutive working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids C-1 PROJECT BID SCHEDULE BLUFF TOP PHASE b item <13sttmated Item with neucprica .< Unit Pnce Eiifended Nq ::(entity wmtteri in wor8s .. Asiiount 1. 1. L.S. Clearing and grubbing ®f I f'rCCN f'112212"lo Dollars � $ 15,000. ODO. Cents 2. 4320 L.F. Temporary C.L. fencing with any required gates ® C`)N e. Dollars $ j 2 O $ Cents 3. 522 C.Y. Removal of A.C. paving and base (9') 12 { rt`'f n v�e Dollars 3G-.o $ ,'z-7o ' Cents 4. 2 EA. Relocate concrete benches � Dollars $-�- Cents S. 4 EA. Relocate trash receptacles ® FI. ' Dollars $ �p zoo. v � Cents d. 5 EA. ~ Remove, box and store palms ®"OUSan Dollars Cents " CAS Item: ` :: lyshrtt�ted :item vsiyth tstu[:pnce ;_fnrt`Pnce fixlended Nn : Qugn[ity 'amtteti m wnis Amount 7. 12 EA. Remove dead palms h U 0 �e /i �-e r Dollars Cents $ s to9000. S. 19 EA. Removal of light standards at Bluff edge (base to remain) `a `4 n j�-E ® _ Dollars $ 'ZOO- $ 00 , Cents 9. 600 L.F. Remove redwood header ® _ Dollars $ , So s 300-.- Cents 10. 40 L.F. Concrete header removal s �• $ 130 z Cents 1l. 131,545 Finish grade S.F. Dollars S! n3 $ 94�3 } S Cents 12. 1,170 L.F. Concrete banding 6" x 8" Dollars $ $ G}, 3(o Q." _ Cents 13. 180 L.F. Concrete header 6' x 6" ® SC" C) q-- n Dollars s 7 C S Vents C-2s 15. 2175 S.F. Concrete paving at picnic tables Fi u e Dollars $ 45, :29, $ 10,9 75 . o Cents 16. 2931 S.F. Interlocking pavers on sand on 4" PCC sub -base $ 19" " $ 23 44 $ E"f64T- - Dollars Cents 17. 4740 L.F. P.V.C. guardrail (42" high) ® FU�Z� Dollars $ 42. ler' $ 199 logo. —rents 19. 9 EA. Concrete picnic tables ® 6r60 L-d u�u0RJ03 Dollars $yOO. " 7, 200, Cents 19. 1 EA. Traffic control gate wI/ signage per detail 6,,—AcxjgwJ Eurbut Dd(lars S �� $ ItG-O0, Cents 20. 1 L.S. Electrical /lightingsystem � Gjf ppU� jZC 000, , t tC�iU/l rE� !v I11/1 G4§Doll ?rl Dollars S j $ ents C-35 H .:Z-. m Esturiated :...Itetn with unit puce :: .: :. ;Unit Puce Extended :Nn :Qunratity wntten sn words ::: Asnouat 21. 115 L.F. 4" P.V.C. Sch. 40 drainline r (m Dollars $ _.. Vents 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron rates X Dollars Cents 23. 131,545 Soil preparation S.F. Dollars $ $ Cents 24. 57,500 Ground cover - Myoporum S.F. ® Dollars $ j 1D% $ t (clao, 61':�' �f L rents 25. 9,700 S.F. Ground cover - Gazania Dollars $ 0f40 $ 3, g$ C),' is 26. 1,800 L.F. Redwood header ® Dollars $a w $ -31 O " ... --Cents 27. 64,345 Turf (hydroseeded) S.F. _. j 71 '0 7 7` Dollars $ $ rents C-4s Item ntiated :Item with teltiE ant a °unit Price Extended :.tuentity ::wnttcn`in woida Amount 28. 1230 L.F. Palm trees (B.T.H.) including sumps. (B.T.H.) (101 EA.) ® • i Dollars $ 30; G, $ 3(�, q00. _ rents 29. 5 EA. Replant palmy trees includingsumps r, ® or ill LI) J e -) Dollars $ $ 21 000 . z` rents 30. 1 EA. Install relocated bike rack UO -ire I'd Dollars $ 200• $ 200. Vents 31. 131,545 Irrigation System Z S.F. Dollars $a4 G 11 Z $ 5y ! qS. Pi U e-Cents 32. 1 L.S. Maintenance of entire project site during 80 working day construction period including existing landscape and irrigation $ 10, 000 $ Q 00,0 . Dollars rents 33. 1 L.S. 120 consecutive calendar day maintenance period of entire project site after completion of construction $ ) O, OW. $ 10 00 0 81 OU5 0,114 Dollars ® ,h4sv1 _ Xenia C-5s TOTAL AMOUNT ALTERNATES IN $ 7 O D FIGURES:! TOTAL AMOUNT ADDITIVE ALTERNATES IN WORDS: I w �r-- N -('Y T-PC6 T-1+t oS74WQ S,-�-U EN thJn�OiZE� "+ems TOTAL BID AMOUNT IN FIGURES: $ r� TOTAL BID AMOUNT IN WORDS: 51X f j-0,4pPAE3 1741Etir Q4H Moost.AjO nvCz au�10124Z Tic—,JfT vix Dc'l- C-6s dal .�; 1�- Q'A fj Z� oS Q F1uE C6Jrs - and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. I-EW29, deposes and says that he or she is the party making the foregoing on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. County of Orange r--,Ak'1I) first dul bid that -the bid is not made in the inti:jist of, or Name of BiiWer Address of B1 er C�4-,��,1 Subscribed and sworn to before me this . day of —V eM - , 19� . NOTARY PUBLIC q i 9ZIL A 19., OFFICIAL NOTARY SEAL MARTIN HERMAN BERNSTEIN Notary Public — Calilomia �`" LOS ANGELES COUNTY C_4 My Comm. Expires JUN 05,1M UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as BLUFF TOP PHASE 6, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the re( Date: �DV. I /7� C-5 01, DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-C COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: /lam L� `J it e C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: EcoL oic r zo eisTa."c Tidy mic . 2 ?o r R VAAMW&W J sW #Tt A' C^^)"A pAAXP. CA - 111401P r �► �, )ot� - ►o q 3 Telephone Number i A i _ cL�ss state contractor's License No. ana t-►ass 3-31--- 913 -- 3.31' ly Expiration Date The work site was inspected by �� � of our office on �� '2►t , 19T The following are persons, firms, and corporations having a principal interest in this proposal: M. R404A S,0A0u0j �. EcOL-oGYcorJST10c. C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Lr"Lorty,Co+�t A.hL rah I Nc�. ompa y a e i ��Jre of Biddtr Printed or TypR Signature 22,011 d&adjao fd sT �► C�+�►b4A , c+r•q�o3 Address of im 10% RY EAL Telephone Number "'F MARTIN HERMAN BENNST EiNNoury Public — cdfamia LOS ANGELES COUNTY MY Comm. Expi►" JUN 05,1995 Subscribed and sworn to before me this <'-I day of 1 NOTARY PUBLIC. NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. C#TTf L. A Name and Address Name and Telephone No. of Project Manager: VOR41AIM PD, am PAaK R W0JA jo4 9,V Mount SA#JrA M 041 CA SCHOOL, DIM Name and Address Name and Telephone No. of Project Manager:4p1 wg7Rt moun or IoJR 4r4ftN Name and Name and Telephone No. of Project Manager: Claw 2 1U1.0 S f A#*#4 C-10 ivtp 6e. Co *J C I It 1.4 C.T I 101J, 0 tit U ;*A ITS A o%M etA fWOUL R F C E HUN i ING H. S LEA L &.P g 1 D r,. Pa (tA r f To f f JA*;LL C ttJ -T " G �1`( Of OuOT 10A Toa1 fic-*cm - bb ftl VIS14 - (J % T W 4t-'o (AVLAL MAtL—* SECTION C PROPOSAL for the BLUFF TOP PHASE b CASH CONTRACT No. 8Q1 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 80 consecutive working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date.. If at such time the contract is not awarded, the AGENCY will reject all bids C-1 and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. F Accompanying this proposal of bid, find &&5 in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WrM BID State of California ss. County of Orange CDs r S SO + r —S' , Djc'-9 cf2 being first duly sworn, deposes and says that he or she is iC F S I,! iM-I f i o f, 4,zl,, aZi_LA fry 6' the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. �e oo i er Signature of Bidder Address of Bidder Subscribed and sworn to before me this 234day of NOV, , 194 . NOTARY PUBLIC �°" C� �, �+� SUNGCAVANA B w ._ •a - Notary Fable — California LOS ANGELES COL jW My Comm. Fgfts JAW 15. 1998 C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as BLUFF TOP PHASE 6, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: - 22 olm ontractor LI'L2,�✓� Le G Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ` Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. Wo oil COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 11—2 ontractor � S " Y P� iue C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awed Contractor prior to excavation) No excavation will be'permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number Contractor ie Date: Note: This form is required for every Dig Alen Ident� fication Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: i� 43/0 , 9s zz Telephone Number _ -_N-Hy 14 vnginau �a� issueu /a 9ti The work site was inspected by of our office on The following are persons, firms, and corporations having a principal interest in this proposal: 4 C-9 * The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PL'vV\*Cl\ ornpany Name Signature of Bidder IV[ -! S50, S/ Printed or Typed Signature 13v - Lf V1 C��� &,-J LL, .tL-6 /YJU! i :q lf 0 3 AddressBidder (3/0 ) .3 `? S q - 2- Telephone Number Subscribed and sworn to before me this" day oyN�+�,t�, 19 G�� -. TKANOO SUNCCA\ AMA NOTARY PUBLIC Dj- 4EUb11r U C-';7;- LOS ANGELES COt:.47Y i r My Comm. ExpUas JAN 15. 1998 1 OTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 4 191 Name and Telephone No. of Project Manager: �"�l MUIL �1W-L � 414) — 051 G U Name and Telephone No. of Project Manager: i010A D 13 A I IJAA, rJ 3. Name Address Name and Telephone No. of Project Manager:, ,-, ,z s yi %ram - -(7(Y 7 7797 y3SDDL� masmI��%� rrtl� � 1993 Contract mount vie o or atComDleted C-10 PROJECT BID SCHEDULE BLUFF TOP PHASE 6 2. 4320 L.F. Temporary C.L. fencing with any required gates ) ® Dollars s 3 s 12-16 o Cents 3. 522 C.Y. Removal of A.C. paving and base (4') Dollars 2 S t 3/ o S`D. Cents 4. 2 EA. Relocate concrete benches $ o Cents 5. 4 EA. Relocate trash receptacles t ® Dollars Cents 6. 5 EA. Remove, box and store palms P d Dollars $ $ S0 O . Cents CAS Item �'Estunated Item with unit Unit Price .. . :Extended Na:.. :. Quantity.: written ui.worde `Amount 7. 12 EA. Remove dead palms ®G_-a Dollars Cents $ 2mo S 214Co'O 8. 19 EA. Removal of light standards at Bluff edge (base to remain) f Dollars s Z O(5 s 3 Poo Cents 9. 600 L.F. Remove header ,redwood ® Dollars Cents 10. 40 L.F. Concrete header removal Dollars _ S S S Zm� Cents 11. 131,545 Finish grade S.F. ® Dollars Cants $. 12- s r s 76 o 12. 1,I70 L.F. Concrete banding 6" x 8" ® Dollars $_ 7 $ S 1! t7 rents 13. 180 L.F. Concrete header 6' x 6' a.z�Dollars S $ I O Cents C-2s Item timat6d Item with unit price - :. Unit Price Exitnded Nn Quantity written is words ' Amount 14. 297 TONS A. C. Paving ® Dollars $ f�_ $ _ rents 15. 2175 S.F. Concrete paving at picnic tables (� Dollars s , �-o s 6 S� Cen is 16. 2931 S.F. Interlocking pavers on sand on 4" PCC sub -base Dollars rents 17. 4740 L.F. P.V.C. guardrail (42" high) � r Dollars $ 3-0 $ l ZZ v� rents 18. 9 EA. Concrete picnic tables Dollars rents 19. 1 EA. Traffic control gate wl signage /per detail Dollars s O m O $ rents ' 20. 1 L. S. Electrical ilighting system J ollars S ifdvivo s LLOW. rents C-3s Estimated ..Item with trait On Unit Price . : Extended Q�ttty - , ten iriwords. :Amoiiat 115 L.F. 4" P.V.C. Sch. 40 drainline Dollars _ rents �o Is ii>—O II 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron grates p $ lZra o ® IILI�, Dollars _ rents 23. 131,545 Soil preparation S.F. _ ® Dollars s .12 s /S 7& Yin .Cents 24. 57,500 Ground cover - Myoporum S.F. ® Dollars s . Lr s I Y 3 7 Y' is 25. 9,700 S.F. Ground cover - Gazania ® �r Dollars $ • Y $ nts 26. 1,800 L.F. Redwood header ® — Dollars nts 27. 64,345 Turf(hydroseedad) S.F. ® Dollars $ . 0 7 . r'entS C-4s Item :Estimated Ttem'%vi unit ....... .. Unit Price' Exte"n"d6d" Q�* .4ty., .. .. 1:. ..... .. .. .. -mount 28. 1230 L.F. Palm trees (B.T.H.) including sumps. (B.T.H.) (101 EA.) 02�d e;P"� Dollars I&A—CentS v 29. 5 EA. Replant palm trees including sumps Dollars s- ---rents 30. 1 EA. Install relocated bike rack Dollars $ C-(p t- _3 Cents 31. 131,545 S.F. Irrigation System a Dollars Xents $ • 57e2 s CY 72 32. 1 L.S. Maintenance of entire project site during 80 working day construction period including existing landscape irrigation $ 500:o and Dollars 33. 1 L.S. 120 consecutive calendar day maintenance period of entire project site after completion of construction — $ CO /4-644 Dollars ---Cents C-5s TOTAL AMOUNT ALTERNATES IN FIGURES: 11 $ f �� ! O J j �a 69. TOTAL AMOUNT ADDITIVE ALTERNATES IN WORDS: TOTAL BID AMOUNT IN FIGURES: 7 TOAL BID AMOUNT IV WO U C-6s U V '?if ro0 j yag) m�Atcal 644 `-)o �0 -? r ' REErt,r r KIN fitiJFf;P;y..l'r, SECTION C PROPOSAL for the BLUFF TOP PHASE 6 CASH CONTRACT No. in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 80 consecutive working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that.the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids C-1 PROJECT BID SCHEDULE BLUFF TOP PHASE 6 Item Eshnaated Item w�tliim�t price : Unit Price Exierided wn tt� in ;words A mo ..unt 1. 1 L.S. Clearing and grubbing ® = /-0-' Dollars $6 $ Sao Cents 2. 4320 L.F. Temporary C.L. fencing with any required gates a 0 ...._._. Dollars $ 0.85 $ 3,672.00 Eighty fi ue Cents 3. 522 C.Y. Removal of A.C. paving and base (9') Forty two , _____ Dollars $ 42.50 S 22,185.00 fifty Cents 4. 2 EA. Relocate concrete benches a Fifty Dollars S 50.00 S 100.00 Cents S. 4 EA. Relocate !rash receptacles Twenty-five Dollars S 25.00 $ .100.00 0 Cents 6. 5 EA. Remove, box and store palms ® Two hundred Dollars $ 200.00 $ 1,000.00 Cents C-Is item Eshmatbd :Itctn with unit price Unit Price Eatetided . N4 :.:Qttxarity . wrtttea iq words.; ..... ::::.... :.....:.... _ Amount 7. 12 EA. Remove dead palms ® Ten Dollars � � 10.00 $ 120.00 Cents 8. 19 EA. Removal of light standards at Bluff edge (base to retrain) ® Dollars $ $ ��— Cents 9. 600 L.F. Remove redwood header ® _ Dollars $ 0.50 S 300.00 Fif tv Cents 10. 40 L.F. Concrete header removal C� Two Dollars $ 2.00 $ 80.00 Cents 11. 131,545 Finish grade S.F. ® Dollars $ 0.04 5,261.80 Fn«r Cents 12. 1,170 L.F. Concrete banding 6" x 8" ® Five Dollars $ 5.35 $ 6,259.50 Thirfv-:-five r.,,ts 13. 180 L.F. Concrete header 6' x 6' (D Four Dollars $ 4.60 $ 828.00 Sixty Cents C-2s 15. 2175 S.F. Concrete paving at picnic tables ® Two Dollars $ 2.00 $ 4,350.00 is 16. 2931 S.F. Interlocking pavers on sand on 4' PCC sub -base Five - $ 5.40 $ 15 2�i� 7.40 Dollars Forty rants 17. 4740 L.F. P.V.C. guardrail (42' high) ® TwPnty-RPNPn Dollars $ 27.17 $128,785.80 _,�eY?ntPPn Cents 18. 9 EA. Concrete picnic tables ® Eight hundred fifty Dollars $ 850.00 $ 7650.00 0 rPnts 19. 1 EA. Traffic control gate w/ signage per detail One thousand Dollars $ $ 1,000.00 .1,000.00 ® - -- -0 Vents 20. 1 L.S. Electhting,ystem r Dollars $ $ Cents C-3s 1 ItemShmated: : Item with unit grace .> :.. Unit Price Extended :.. :Na ::Quantity:.. v✓ntteri is words Amount 21. 115 L.F. V P.V.C. Sch. 40 drainline Three 3.60 4.14.00 ® Dollars $ $ Sixty Feats 22. 3 EA. Brooks No. 3 concrete drain boxes with cast iron grates One hundred sixty $---460w,Y90 $ 42-Q ran ® Dollars w Cents 23. 131,545 Soil preparation S.F. 0 Dollars S 0.14 S 18,416.30 F'ourteer}•eats 24. 57,500 Ground cover - Myoporum S.F. (� 0 Dollars $ 0.08 $ 4,600.00 Eight Cents 25. 9,700 S.F. Ground cover - Garania ® 0 Dollars $ 0.20 $ 1,940.00 Twenty Cents 26. 1,800 L.F. Redwood header ®Two Dollars $ 2.20 $ 3,960.00 Twenty rents 27. 64,345 Turf(hydroseeded) S.F. la 0 Dollars $ 0.11 $ 7,077.93 Eleven rents C-4s Item Estimated . item.wi 13hitCom. -Unit Price:�,,:. Extend6d: Qum .. . ... .. .... .. unt :.: 28. 1230 L.F. Palm trees (B.T.H.) including sumps. (B.T.H.) Thirty 30.50 37,515.00 (101 EA.) Dollars $ Fif ty cents 29. 5 EA. Replant palm trees including sumps One hundred Dollars $ 100.00 $ 500.00 0 Cents 30. 1 EA. Install relocated bike rack Twenty Dollars $ 20.00 $ 20.00 0 Cents 31. 131,545 Irrigation System S.F. a 0 Dollars 0.44 $ 57,879.80 Forty—four rents 32. 1 L.S. Maintenance of entire project site during 80 working day construction period including existing landscape and irrigation $ 5,600.00 $ 5,600.00 —Five thousand six hundrt Ilars 0 ts 33. 1 L.S. 120 consecutive calendar day maintenance period of entire project site after completion of construction S 14,650.00 $ 14,650.00 ®Fourteen thousand six hun @jJif Y 0 Cents C-5s Itasn Estimated : Item :with unit price.. ......... :: Unit Price Extended i•Ta; h written; in words Ajr6ount Qom. ty.: . 34. 200 EA. S gallon Bougainvilla "Purple Queen" - 'Moneth' to be located on landscaped slope 16. 70 3,340.00 areas in field by City Landscape Architect $ $ a Sixteen Dollars Seventy rents TOTAL AMOUNT BID IN FIGURES: $ TOTAL AMOUNT BID IN WORDS:�,;,�„ TOTAL AMOUNT ALTERNATES IN $ r FIGURES: TOTAL AMOUNT ADDITIVE ALTERNATES IN WO S: TOTAL BID AMOUNT IN FIGURES: $ t TOTAL BID AMOUNT IN WORDS: 7 �_ J /l If 1 , i . ,. 1 /1 .1 ! .r ✓ c lei C-6s and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BID BOND in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. ::Pomot Name :df.. Subcontractor and Address':". 'Statercense :Class: .... ....... ...... W. e-r'' ... . ... ...... . ..... ...... . M iib By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange WILLIAM L. TYLER , being first duly sworn, deposes and says that he or she is PREST-'F NT of T7RRA-CAT, '0NSTRT1CTTn*� _ !Za pay making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder. or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before TERRA —CAL CONSTRUCTION, INC. Name of Bidder ignature of Bidder William L. 1er, President 14530 Joanbridge St, Baldwin Park, Ca. 91706 Address of Bidder, of Nov. 19 94 •..u...NrN u.a s.ON ...N.. �..N ZENAIDA #747�� 5 COMM. 96 � 2 PUBLIC - CALIFORNIA s LIS ;NGELES rftuy 2 C-4 r'-, Ex :es .s.r.. a�.... us ................ 1.159`e. UTILITY AGREFAITNT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as BLUFF TOP PHASE G, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: NOV`.MBER. 29, 1994' TERRA -CAL CONSTRUCTION, INC. contractor NY - William L. Tyler, President iue C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No xx If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. NOVEMBER 29, 1994 TERRA -CAL CONSTRUCTIOPe, INC. Contractor yloor William L. Tyler, President Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be'permitted until this form is completed and returned to the AGENCY. Section 421614217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-4224133 a minimum of two worldng days before scheduled excavation. Dig Alert Identification Number: ontractor Tide Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: TERRA -CAL CONSTRUCTION, INC isiaaer Name 14530 Joanbridge St, Baldwin Park, Ca. 91706 Business Address 818 1) 96C-3694 Telephone Number 428093 A, B & C27 State Contractor's License No. and Class 1992 Original ate issued SEPTEMBER 30, 1996 Expiration Date The work site was inspected by TARRY TYLER of our office on NoyMBER 23 } 19 94� The following are persons, firms, and corporations having a principal interest in this proposal: N/A C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. TERRA —CAL CONSTRUCTION, I"3C. om Name ignature o i er William L. Tyler, President nn or ignature 13O Joanbrid e-St Baldwin Park Ca. 91706 A ress of Bidder r 818 -t 960-3694 Telephone Number ••ae.ee.eeeeeeee.eeeeeeeeee.oreeee ZEEHdAIDA CAiLDERO'N' Subscribed and sworn to befor me is 29th day of November 19 94 R ' _; corn AM. #9s7a7R R a"' ''mil 111101 FY PL�6LIC - C�LIF�7RhiA �- aeer..x o+rac.arrear ro.e.ae.e...�aa NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1, CITY OF L.A. DEPT. OF REC. &-PARKS 200 X. MAIN ST RM 1290 L.A., CA 90012 Name and Address Name and Telephone No. of Project Manager: RIC?:AR.D KLrA;is 213 485-5671 303,800,000 STATE STREET PARK FEB 1994 ontract Amount Type of WorkDate Completed Z. CITY OF RIVERSIDE PARKS & REC. DEPT 3900 MAIN ST. RIVERSIDE, CA 92522 Name and Address Name and Telephone No. of Project Manager: ANDREW D. EMERY �909 � 782-5669 464 00o B1RGAYONT FARK M,-" 1993 Contract Amount Type of Work Date Completed 3. CITY OF LANCASTER 44933 X. FERN AVENUE, LANCASTER, CA 93534 Name and Address Name and Telephone No. of Project Manager: JIM GEYER r 8051) 723-60Co 2,299,237 TIERRA BONITA PARK NOV. 1993 Contract Amount Type of Workate Completed C-10 I k TERgA-CAL CONSTRUCTION, INC. 14530 30ANBRIDGE STREET BATDWIN PARK CA 91706 OFFICE OF THE CLERK SECOND FLOOR CITY HALL 2000 MAIN STREET HUNTINGTON BECH, CA 92648 BID FOR: BLUFF TOP PHASE, 6, CASH CONTRACT NO. 801 BID DATE: NOVEMBER 29, 1994 BID TINE: 2:OOPM