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HomeMy WebLinkAboutCC-881 Rejected Bids - Renovation of Prince Park - 1993-03-15'! ^' -f FOR CITY COUNC,- ACTION ��` V. REQUE� Date " June 7, 1993 Submitted to: Honorable Mayor and City Council \� Submitted by: Michael T. Uberuaga, City Adminis a r Cl APPROVED BY CITY GOUNG��- Ron Hagan, Director of Community Serviced Prepared by: 490fauis F. Sandoval, Director Public Works Subject: RENOVATION OF PRINCE PARK; CC..881 CITY CLE" Tri%��cf� .Ss/ate,-,d - l�en�ir�'e Drive/T�ohoor� Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Bids for the Renovation of Prince Park were received and opened on April 27, 1993. RECOMMENDED ACTION: Reject all bids and forego construction of these improvements at this time. ANALYSIS: On March 15, 1993, Council approved the Plans and Specifications for the renovation of Prince Park, and authorized the Director of Public Works to solicit bids for construction. Bids, as summarized below, were received and opened on April 27, 1993: Contractor Bid Amount 1. L. Barrios & Associates $53,458.55 2. Hondo Company $55,950.50 3. Landscape Engineering, Inc. $90,596.22 Based upon the award of a contract to L. Barrios & Associates, the cost of renovating Prince Park is as follows: Contract Amount $53;458.55 Anticipated Change Orders 5,346.00 Supplemental Expenditures 600.00 Total $59,404.55 A project cost of $59,404.55 far exceeds the architect's (Heimberger Hirsch & Associates) estimate of $32,702 (1) and the project budget of $33,300 (2). Staff reviewed the feasibility of reducing the scope of work; however, legal ramifications preclude this action. Therefore, it is recommended that all bids be rejected and the City forego renovating Prince Park at this time. (1) The architect's estimate was substantially less than the low bid because of the following major cost discrepancies: PIO 5/85 RCA: CC-881 :rune 7, 1993 Page two Bid Item Description Architect's Estimate Low Bid Amount Cost Difference 4 Concrete Seat Wall $5,830.00 $20,206.78 $14,376.78 11 Tree Grates 750.00 3,499.98 2,749.98 13 Catch Basin Grate 12.00 165.00 153.00 21 Irrigation 5,200.00 6,520.80 1,320.80 N/A Anticipated Change Order Budget 2,922.00 5,346.00 2,424.00 Total $14,714.00 $35,738.56 $21,024.56 (2) The project budget of $33,300 was based upon the architect's estimate of $32,702 plus $600 for supplemental expenditures. FUNDING SOURCE: Park Acquisition and Development Funds. ALTERNATIVE ACTION: Award a contract to L. Barrios & Associates and appropriate additional funds, for construction, from the unappropriated General Fund balance. ATTACHMENTS: None MTU:LFS: RH:gd 3423g/4&5 DATE: 'April 27, 1993 ENGINEER'S ESTIMATE:. 35K JOB TITLE AND CC NUMBER: Prince Park; CC-881 Bidder's Name PROJECT ENGINEER: Randy Huttenberger Total Bid Amount 1. L. Barrios Associates Y- 5.7. 7 7 2. Hi Tech Pro Construction 3. Hondo �t—,o 4. Landscape Engineering 167.9 oo 6. 4p d S. Liquid Flow Engineering 6. Mercado' Landscape 7. S and N1 Landscape i RECEIVED 1TY CLERK uITY OF HUNTM( TIN -t rl4 CALIF APR 27 2 oo PH '93 £9a 113 TO 7, i?'IV jL1,zt NIJI-IS All) 03M33P Ix REQUEST FOR CITY COUNCIL ACTION Date March 15, 1993 Submitted to: The Honorable Mayor and City Council y{ Submitted by: Michael T. Uberuaga, City Administrator6vAo Ron Hagan, Director, Community Service tJ GIY. Prepared by: Louis F. Sandoval, Director, Public Wor O LtY GZT Subject: PRINCE PARK RENOVATION - GG'Ff�� P•YYROVr,D I5 lq 3� L�VLConswith Council Policy? [ ] Yes ( ] New Policy or Exce ionL c ��I Statement of Issue, Recommendation, Analysis, Funding Source, Alternative ems, Attachments: STATEMENT OF ISSUE There is a need to renovate Prince Park in Huntington Harbour. RECOMMENDATION 1. Direct staff to solicit bids for the renovation of Prince Park. 2. Approve an amendment to the FY 92/93 budget to increase Account #A-SK-CS-717-6-39-00 from $20,000 to $33,300 for the renovation of Prince Park. 3. Approve the attached sample contract, subject to award of contract to Council of the approved lowest responsible bidder. ANALYSIS City Council approved renovating Prince Park as part of the FY 92/93 Capital Improvement Projects Budget for the Park Acquisition and Development Fund. The budgeted amount is $20,000. On November 11, 1992, the Community Services Commission conducted a public hearing for the project. After public input, the commission recommended increasing the project cost of $20,000 to cover some of the additional items requested by residents during the public hearing. The renovation includes: Improving the on -site drainage Replacing some existing trees that limit the view corridor to the harbor with Queen Palms Adding palms to the south side Installing a new park sign Replacing some of the low growing shrubs with turf Modifying the hardscape on the harbor side to include a seat wall/retaining wall and improved at -grade planters. P10 5/85 I REQUEST FOR CITY COUNCIL ACTION Page two These improvements will not only make the park more functional and improve the aesthetics, but will also reduce some of the maintenance problems on the site. Staff and commission recommend increasing the project budget from $20,000 to $33,300 and request that Council approve soliciting bids. FUNDING SOURCE Park Acquisition and Development Fund ALTERNATIVE ACTION Do not move forward with the renovation of the park. ATTACHMENT Park Plan Fiscal Impact Statement Park Cost Estimate Sample Contract Location Map RH:JBE:am al D Cr LU qy H _LU C UZ Q z NQ J waa M° Q �a oZ ¢ 3J N J N LL A` Y ■� Lis � O) 10 Project; t U (z ate. CO tv = o C 0 v •L c IL '- =gym d Darn _ J U N= a t� Date; 92 Design; D.D. Job No; m,. Description; sheet of HUNTINGTON BEACH TO: FROM: SUBJECT: DATE: CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION MICHAEL T. UBERUAGA, City Administrator ROBERT J. FRANZ, Deputy City Administrator INCREASED FUNDING REQUESTED TO ACCOMMODATE RENOVATION OF PRINCE PARK, FIS 93-39 FEBRUARY 17, 1993 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $13,300 to accommodate the higher than anticipated costs of renovating Prince Park. Upon approval of the City Council, the balance of the undesignated, unreserved Park Acquisition and Development Fund would be reduced to`,$189,000. RJF:skd WPADSERT:1285 Leslie J. Prince Pario Conceptual Design Cast Estimate IY2. Item QCMQlitian 1. Remove Existing Retaining Wall 2. Remove Existing Bench 3. Remove Raised Planter 4. Remove Selected Trees 5. Remove Selected Shrubs, Ground Cover & Turf 6. Remove Existing Park I.D. Sign Demolition Subtotal Construction 7. Concrete Seat Wall 8. Concrete Mow Curb 9. Concrete Paving 10. Trash Receptacle 11. New Catch Basin Grate 12. New I.D. Sign 13. Enhanced Paving 14. Sleeve for Temporary Flag Pole Construction Subtotal laigatliz 15. Irrigation Irrigation Subtotal Plaxilin 16. Prune Existing Trees 17. Palms-12' Brown Trunk Height 18. Shrubs 19. Turf 20. Soil Preparation & Fine Grade 21, 60 Day Plant Establishment 22. 90 Day Maintenance Planting Subtotal Construction Cost Subtotal Contingency -10% General Conditions - 3% Landscape Architects Fee - 7.5% Total Q b 1hrit za-fl at Tetal Cost 105 LF $5.00 $525.00 2 EA $50.00 $100.00 1 EA $130.00 $150.00 3 EA $150,00 $450.00 1100 SF $0.10 $110.00 1 EA $50.00 $50.00 $1,385.00 145 LF $55.00 $7,975.00 100 LF $6.00 $600.00 87 SF $2.50 $21.7.50 2 EA $350.00 $700.00 1 EA $12.00 $12.00 1 EA $1,000.00 $1,000.00 200 S.F. $2.50 $5W.00 1 EA $50.00 W.00 $11,054.So 3600 SF $0.90 $1240.00 $3,240,00 8 EA $75.00 $600.00 12 EA $800.00 $9,600.00 41 EA $12.00 $492.00 1400 SF $0.60 $940.00 2000 SF $0.18 $360.00 2000 SF $0.05 $100.00 2000 SF $0.10 $200.00 Page 1 $12,192.00 $27,871.50 $2,787.15 $550.48 $33,299.49 CITY OF HUNTINGTON BEACH 2000 MAIN STREET COMMUNITY SERVICES DEPARTMENT (714) 536-5486 February 8, 1993 Mayor Grace Winchell and Members of City Council 2000 Main Street Huntington Beach, CA 92648 Dear Mayor Winchell and Council Members: RE: PRINCE PARK CALIFORNIA 92648 The Community Services Commission conducted its regular monthly meeting on Wednesday, November 11, 1992. Following a discussion regarding the renovation of Prince Park, the commission made the following motion: MOTION: MOVED BY DIAZ, SECONDED BY CRAFT, THAT THE COMMUNITY SERVICES COMMISSION RECOMMEND TO CITY COUNCIL APPROVAL OF PRINCE PARK RENOVATION CONCEPT INCLUDING THE ADD ALTERNATE OF REPLACING THE TREES WITH QUEEN PALMS, PLUS THREE ADDITIONAL PALMS ALONG THE SOUTH SIDE OF THE PARK AND BETTER CONCEALMENT OF THE BACK FLOW DEVISE WITH BUSHES FOR A TOTAL ESTIMATED PROJECT COST OF $34,162*. THE MOTION PASSED UNANIMOUSLY. Sincerely, Margaret Hickey, Chairman Community Services Commission MH:JBE:am cc: Michael Uberuaga, City Administrator Ron Hagan, Director, Community Services Jim B. Engle, Deputy Director, Recreation, Beaches and Development *Architect's estimate of $33,300 calculated after the commission meeting. It includes all additional items requested. A Quality Life Through F.,ducation, Recreation and Culture CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE RELANDSCAPING OF PRINCE PARK CC-881 THIS AGREEMENT is made and entered into on this day of , 1993, 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 the - - - - in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in corisideration 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 503:AFJ 1 S A M P L E in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully . completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such.matters and is relying in no way upon any opinions or representations of CITY. 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. 503:AFJ 2 S A M P L E "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 Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said 503:AFJ 3 S A M P L E 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 ($ ), 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 Department of Public Works, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required 503:AFJ 4 S A M P L E 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 503:AFJ 5 S A M P L E proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to.the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bond's approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (100%) 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 fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. a WARRANTIES The CONTRACTOR unconditionally guarantees all work done 503:AFJ 6 S A M P L E under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed.. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of 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 503:AFJ 7 S A M P L E completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of'God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not 503:AFJ 8 S A M P L E 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 503:AFJ 9 S A M P L E such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 503:AFJ 10 S A M P L E 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 503:AFJ 11 S A M P L E 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 and provisions 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 and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S 503:AFJ 12 S A M P L E 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's fees incurred by CITY in enforcing this obligation. 19. WORKERS' COMPENSATION INSURANCE Pursuant to the 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 all such laws and provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. 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. 503:AFJ 13 S A M P L E 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general 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 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 ENDORSEMENT 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 503:AFJ 14 S A M P L E 'insurance coverages as required by this Agreement; 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 cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be 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 503:AFJ 15 S A M P L E ,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. 503:AFJ 16 S A M P L E 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's 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 t.o CONTRACTOR under this Agreement. 27. 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 8 U.S.C. § 1324a regarding employment verification. 28. 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. 29. CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 503:AFJ 17 S A M P L E 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 § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing. represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: By: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California (Signature) Mayor Name & Title (type or print) By: (Signature) Name & Title (type or print) ATTEST: City Clerk RE IEWED AND PROVED: City Administrator APPROVED AS TO FORM: City Attorney a_ ay-93 INITI ED D (A �OVED Director of Public Works .ANNING ZONING DM 21 SECTIONAL DISTRICT MAP 19-5-11 D - SC4l[ IN FEET NOTE' ADOPTED MARCH 20,1961 A DIMEN51ON5 ANE IN FEET. CITY OF AMY ZONE 4DJ¢NW4 ANY N14NT OF W4Y CITY COUNCIL ORDINANCE NO. 824 I� IN TODESrTE+D TO THE CENT[N AMENDED CASE ORD.NO AMENDED ORD. NO. LEGEND N ® MNOLE FAMLY RESIDENCE ¢STRICT 5-18-64 419 1057 C4 NICNWIY COMNERG4L W—T 2O-6447 1®_ <TGREM6TRIDT 11-2-64 474 1099 FNNILV ¢ NT 8-21-6767-17 1341 CDIIWTVI—INE5S DISTRCT 0.HUNTINGTON BEACH 6-6969241!28 KANMED DEVELMENT DISTRICT II-13 -75 75-m ®® I —I UNITY F-UTIES INECRER1 DISTRICT 2019 NEOR.IDN dSifii 49-76 76-0120c2 '.ZONE uF¢ORANGE COUNTY, CALIFORNIA I-3-7776-252156 ITT.—LINE12-7-61 61-092524 7-18-63 83-06 2630 ---- MSION.TES PRIWTE STREETS T 7-2-84 84-7 2706 s 1s n n zo / \\L EDINGER AVE .,�" � 5 ,. :R)-C�. � ', ; -•.� r---i _ � 1 L Ft -CZ• i I RI -CZ RFCZ' WR-CZ Z� RFCZ ,. Cr ^ -C WR-CZ' G~ R a Ri-CI RI -CZ L RI -CZ RI-C7 �Q D.C2 Q Ri m 9�C •'aTa?l �� j� �i4 RI -CZ ,XRI RI -CZ \-CZ Ri. ` of ...•..w,� t;' •.' ", 1�j :S �• C? C2 " 9j e \2-CZ �4E ;s''� `o _=.:� �� \ % �G1 . C? '�4q CI ti ry a� q�, a ��:.- 4� �A,lT�,;;;. •, r'- ,III CZ Q' RAC OCf9 M1' �C <\,��!/ �N [`• f �� Q\ Gy �/� O3P4. n/ Cj � � E:ti•, c O 1 \ q m N xv Y a. (10 9.3 CREATE A FIL€ (35 characters grid) ( 6 5------------------------------ ---- AFTER FILE FOLDER IS COMPLETED, CHECK HERE & RETURN THIS FORM TO EVELYN' 0895I 00 STATE OF CAUFORNIA 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 cleric of the HUNTiNGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and pubrished in the City of Huntington Beach, County of Orange, State of Carifomia 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 April 8, 15, 22, 1993 I declare, under penalty of pegury, that the foregoing is true and correct Executed on April 22 , 199 3. at Costa Cafifomia. Signature PUBLIC NOTICE NOTICE OF INVITING BIDS cc sal Notice is hereby given that sealed bids will be re- ceived by the City of Hun i tington Beach at the office of the City Clerk at City Hall 2000 Main Streetl Huntington Beach Califor ma until the hour of 2 00 p m on April 27 1993 at which time they will be opened publicly and read aloud in the Council Cham bers for the Renovation of� Leslie J Prince Park in thei City of Huntington Beach A set of plans specifica tions and other contract documents may be ob- tained on April 5 1993 at the Department of Public Works 2000 Main Street Huntington Beach Califor nia upon receipt of non refundable fee of $30 00 Each bid shall be made on the Proposal Form and in the manner provided in the contract documents and shall be accompanied by a certified or cashiers check or a bid bond for not less than 10/ of the amount of the bid made payable to the City of Hun tington Beach The Con tractor shall in the per formance of the work and improvements conform to the Labor Code of the State of California and other laws of the State of (California applicable thereto with the exception only of such vanations that may be required under the special statutes pursuant to which proceedings hereun der are taken 'and which have not been superseded by the provisions of the Labor Code Preference to labor shall be given only in PROOF OF PUBLICATION the manner provided by� taw No bid shall be consid ered unless it is made onl form furnished by the City, of Huntington Beach and is, made in accordance with the provisions of the pro l posal requirements Each bidder must be li censed and also prequalil fled as required by law The City Council of the City of Huntington Beach reserves the right to reject any or all bids By order of the City Coun sel of the City of Hun I tington Beach California the 15th of March 1993 Connie Brockway City Clerk of the City of Huntington Beach Published Huntington Beach Fountain Valley in dependent April 8 15 22 1993 042296 P4&IC NOTICE NOTICE OF PUS; ICES INVITING BIDS 7der h proceedings hereun CC Sal are taken and which Notice is hereby given e not been superseded that sealed bids y+ill be re- the provisions of the carved by the City of Hun or Code Preference to tington Beach at the office r shall be given only mof the City Clerk at City manner provided by Hall 2000 Main Street 1 law Huntington Beach Califor No bid shall be consid nia until the hour of 2 00 ered unless it is made on p m on April 27 1993 at form furnished by the City which time they will be of Huntington Beach and is opened publicly and read made in accordance with aloud in the Council Cham the provisions of the pro- bers for the Renovation of Posal requirements Leslie J Prince Park in the Each bidder must be It City of Hunbngton Beach censed and also prequali A set of plans spe ifica fled as required by law tions and other contract The City Council of the documents may be ob City of Huntington Beach tained on April 5 1993 at reserves the right to reject the Department of Public any or all bids Works 2000 Main Street By order of the City CourtHuntington Beach Califor Ise l of the City of Hun ma upon receipt of non tin ton Beach California refundable fee of $30 00 the 15th of March 1993 Each bid shall be made, Conroe Brockway on the Proposal Form and City Clerk of the City of in the manner provided inHuntrngton Beach and shall contract a coin dnieocuments Published Huntington by a certified or cashiersBeach Fountain Valley In check or a bid bond for no April 8 15 22 f h 1993 t ✓ALLEY ent less than 10% o t e per t f th bid d made ♦ /—'N' 19, amoun o e i 042296I payable to the City of Hun tington Beach The Con tractor shall in the per Enclosed please find clipping of your ad formance of the work and improvements conform to rom the first publication the Labor Code of the State of California and other laws of the State of If you need to make any changes or corrections, California applicable thereto with the exception lease call me at your earliest convenience only of such variations that may be requireded under the special statutes pursuant to The cost of this publication Will be $ Thanks for your cooperation and patronage Sincerely, qud y etting Manager Legal Advertising Manager 330 W Bay Street Costa Mesa CA 92627 (714) 642 4321 (714) 631 5902 FAX S33UON oFn-9 d!—J HUNTINGTON BEACWFOUNTAII —✓ALLEYIndt;Pendent t WIN Dear Advertiser Enclosed please find clipping of your ad from the first publication If you need to make any changes or corrections, please call me at your earliest convenience The cost of this publication will be $ Thanks for your cooperation and patronage Sincerely, udy etting Manager Legal Advertising Manager 330 W Bay Street Costa Mesa CA 92627 (714) 642 4321 (714) 631 5902 FAX NOTICE INVITING BIDS CC-8sl c.l.5 H -3 7/ntz--S y/ir/9 3 yj.2 2 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on 27 icli3 , at which time they will be opened publicly and read aloud in the Council Chambers for the k rQc,/ a.p of LC-SL,e J- 1�G­3Cc. r= 2K-- in the City of Huntington Beach A set of plans, specifications, and other contract documents may be obtained on e L_ 5 , 19`13 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of 330-Co. Each bid shall be made=on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the of Mfg rw 0 . 19�3. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G NOTICE INVITING BIDS CC-85/ Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on AFz, t_ Z-7 t R3 , at which time they will be opened publicly and read aloud in the Council Chambers for the ►.�oJ�� �a.� of Le-soe I BA,3ce in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on ik a L_ 5 , 19' 3 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of SO -Co. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the fir' of M f"zc 0 . 19g3. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G RECEIVED BY T easurer's Otfice/date ,'E: April 27, 1993 ;INEER'S ESTIMATE: 3SK 3 TITLE XZ CC INUMBER: Prince Park; CC-881 Bidder's Name PROJECT ENGINEER: Randy Iluttenberger Total Bid Amount 1. L. Barrios Associates —72 53 4�•�- 2. Hi Tech Pro Construction 3. Hondo JT.� • SD 4. Landscape EngineeringOho • 2Z S. Liquid Flow Engineering 6. Mercado' Landscape 7. S and M Landscape i f�1� 1�. ►�-i S Cho "_ i � � t-� a� Tffi ' - In; CO BOND NO. 20271-201 KNOW ALL MEN BY THESE PRESENTS, That we, L. BARRIOS & ASSOCIAT as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACIi (hereinafter called the Obligee) in the full and just sum of 10% OF THE AMOUNT BID. PENALTY NOT TO EXCEED $5,880-00-------------- Dollars, ($ 5 , 880.00---------------) 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 a PARK RENOVATION - IIUNTINGTON BEACH (PRIVATE PARK) 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 thecontract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. d and Sealed this 26TI1 day of L. BjARR OS & A SOCIAT 1 INC. Principal .0 307 REV. 2/91 PRIL 19 93 INDEMNITY COMPANY of CALIFORNIA I ' e / MICHELLE HAASE Attorney -in -Fad POWER OF ATTORNEY OF It 7MNITY COMPANY OF CALIFOF 4 AND DEVELOPERS INSURANCE COMPANY N2 146326 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 Attorney(s)-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 ***SUSAN C. MONTEON, ALICE RODRIGUEZ, MICHELLE HAASE, ESMERALDA URENO, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s) -In -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 Attorney(s)-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 Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency 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 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA By r Da a F. Vincenti, Jr. President ATTEST By Q� Walter Crowell Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY in 0 (IM I By V : ' - i, — Dan F. Vincenti, Jr. OO�'PP ORY 0,,, President i OCT. S, C 1961 ATTEST yn�//FOP't'�+�? By Walter Crowell Secretary 9\Ssuq, Q�P`DaFOR,r'l'p^ o ? c -� MAR. 27, o w i 18T8 D On April 1, 1993, before me, Tiresa Taafua. personally appeared Dante F. Vincenti, Jr. and Walter Crowell. personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upor behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 7 0 OFFICIAL SEAL Signature TIRESA TAAFUA _ NOTARVPUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Aug. 1, 1995 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 foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this _26TH day of APRIL , 199 3 . INDEMNITY COMPANY OF CALIFORNIA �p AMy ' B�OCT y (Gti`� L.C. Fiebiger ; I367 \' a %i //roa* Senior Vice President ID-310 REV. 4/93 DEVELOPERS INSURANCE COMPANY Ns�q POR,��c WAR 27. " 0 By —� L.C. Fiebiger n 18T8 �D Senior Vice President '� e Continental Insurance BID BOND KNOW ALL MEN BY THESE PRESENTS: That, .............. Hondo Company...Inc................................. ........................................................................................................................................................................................ Of ...............Santa..?? .............._.............. .......................... , State of ........ CA...................................... .... ........................ hereinafter called the Principal, and ,...,...... Continental Insurance .................................................... hereinafter called the Surety, are held and firmly bound unto......................................................................................... City of Huntington Beach .................................................................................................................. ........................................................................................................................................................................................ of.................... :............................................................................................ . State of............Ca................................ hereinafter called the Obligee, in the sum of ..............Ten Percent of..the, bid....... .............. .......................................................................................................................................................................... Dollars; for the payment whereof to the Obligee.......... the Principal bind .................................................. heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns,. firmly by these presents. .. 93.. Signed, sealed and dated this•••••••••••16th •••••••••••••••••••••• day of ...........A....p.....ril ........................ 19 4/27/93 Whereas the Principal is herewith submitting the accompanying bid dated ................................................... for............. Lesl ie..d.... Prince. Park....................................................................................................................... ........................................................................................................................................................................................ Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may be required, for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and material, if the latter amount be in excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof. In Witness Whereof, this instrument has been executed by the duly authorized representatives of the Prin- cipal and the Surety. Hondo Company Inc. ... (Seal) Ind I By: .................................................... Continental Insurance Company Surety By: . /..'. /. "' �✓... ........................ . Atto rneY a"^a IMtn MM.d In V.S.A The Continental Insurance Company GENERAL POWER OF ATTORNEY Know all mere by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Richard C. Lloyd of Uptand, California its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All obtf9ees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten Million (10,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 13th day of January, 1989: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President. an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is. authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by 4csimile, and arty such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future Nith respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents o be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 25day of August , 19 89 ..,, ` f f f1 D.L Banta, Assistant Vice President •••• STATE OF CONNECTICUT :OUNTY OF HARTFORD L THE CONTINENTAL INSURANCE COMPANY By C.. 8 . Emil B. Askew, Vice President On this 25 day of��t 19 before me personally came Emil B. Askew, to me known, who being by me duly sworn, did iepose and say that he is of cJee�resident of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed he above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it vas so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. oP00"!� sFF+ .. •. s o NOTAR11 * RJBt_IC GLORIA D. SEEKINS NOTARY PUBLIC CERTIFICATE My Commission Expires March 31, 1993 I, the undersigned, an Assistant Vice President of THE CONTINENTAL. INSURANCE COMPANY, a New Hampshire corporation, DO 1EREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the esolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, in the State of Connecticut. Dated the 16t& of April 1993 . r vZ:t_,4 I. Dennis Lane. Assistant Vice President 'BOND 4315M Printed in U.S.A. �rY':"1C"'� .J L'J•� rr.:li �� �1 . � �sz�a P.8i ' s 7HE AM£RICAN IR75 1TM OF ARCHtT'E(::-S A1A I?ocument A310 did Bond KNOW All MEN BY THESE PRESENTS, tlutwe LAMSCAPF, ENGINEERING INC. a+ert I....rt trtt t.►wrt and riarert K kpi %Nit of cerwarwil 2570 Fast Walnut Street #A Pasadena, California 91107 'as Prima' ld6erthmfter called the Principal, and PROMED INTERNATIONAL, LTD c/o Worwide Insurance Consulting Services, inc. 'r'ern"'.�«.d'd°K"e1"�tcalkets..rh1 3223 Donald Douglas Loop South, Santa Monica, CA 90405 .a corporation duly organized under the lays of the)SU&XXX BVI as Surety, hereinafter called the Surety, are held and f,trtly bound unto CM CE HUN 111G''XN 13EAC13 "w»e &owl W %r"►ikk s of itrtl Hat et or.r.l 2000 Main Street Huntington Beach, California 92648 -3is Dbligee, hereinafter called the Dbligett, in the sum Df 10% of 90,000 or 9,000_ Dollars [$ 9,000.00 1, •4or the.payrntnt -of whicii sum well and truly to 6e made, f" xald Principal and The said 5urety,. bind - •oursr.1ves, •pisr 6nirs, zmcutors, administratcrs, successors and assigns, jointly and severally, firmly by *nme presents. WHEREAS, trte principal lie-; submitted a bid for Landscape construction NOW, -THtP,170RL, if tin Ob" 7hall aetedt tim i7ld of tht Printrpal s*rd cite Prhxipal "I rnter inic a Contract with thi obiil-" inacmrdanc -m1h lire trans of wth L-W, and-&r svch bend or bonds as rrw7, br apcdied in tine bidding vt Lantroct 0vcvw rnG. with toad and 901`66rnl surety fo- tht lalthiul ptrterrnanct al 7vei, Contract and lot tilt prompt _ prylvrent c! Jabot and m.7ttrtal fvmishtd in tiro prpy-rtvtion thrmc!, tx in lire rrrni of tht fsiiurr of li.c Princival to enter sari+ Contract srrd girt streh bond ter btrntis, if the Ptincipsl ;!sail pry to tin Dbligtt the dtfierrnt not io exceed tine ptnaity .hettot A''twetn tir_ tmotmt .slyecHled in said bid and svth istret tn-otml iot which the Obiim tnry in fooe fain, C"tracl -' ­Alh srr It mr party 15 ptrtorm tht Wotk tv.•ert:d by s+id bier, -Them thy; oblig:tiuih "Z be twll am-4 voi vfhtrwise iD rt"Win -in ivli forte and vffea «� -5igne8 and ztzled this Twenty seventZ dzy of April Lando; La E i i ' nn\c (711k) _ — AMA, DOCCtMEh. tJit • elp Por.'I> • nit 6 • f?p:tVr ttY i47L E�� tHE noJlatCAr �� . '�""-•�+•r r.c wn ra+riz rTC 4sZt 2: Y. AV- KW_ Wl'5M1A7GS01q. � r_ 7000K 4 I 1 1 E BID PROPOSAL L. Barrios & Associates, Inc. Firms Name To the Honorable Mayor and City Council of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the: RENOVATION OF LESLIE J. PRINCE PARK I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository, the by- laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialsman which is not processed through said depository, or which any subcontractor or materialsman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: Item Approximate Item With Unit Price Unit No. Quantity Written in Words Price Total LumpSum Bonds & Insurance Lump Sum J.S. 2,546.00 .2. Lump Sum Mobilization Lump Sum L.S. 978.00 3. Lump Sum Demolition L.S. 1,975.00 Lump Sum P-1 1 I I Item Approximate Item With Unit Price Unit Total No. Quantity Written in Words Price 4. 106 L.F. Concrete Seat Wall 190.63 20, .0 L.F. 5. 28 L.F. Concrete Mow Curb 6" Wide 8.00 224.00 6. 56 L.F. Concrete Mow Curb 12" Wide 15.00 840.00 7. 132 S.F. Concrete Paving 3.00 396.00 8. 130 S.F. Enhanced Paving 8.50 1,105.00 9. 2 EA Patterson Williams Double Litter Can Holder FA 275.00 550.00 .10. 80 CY Import Soil 21.81 1,744.80 CY 11. 3 EA Dura Art Stone Concrete Tree Grates 1,166.66 3,499.98 EA 12. 1 EA Temporary Flag Pole Sleeving 150.00 150.00 EA 13. 1 EA Catch Basin Grate EA 165.00 165.00 14. 12 EA Arecastrum romanzoffianum 12' brown trunk height 561.00 6,732.00 EA 15. 29 EA Carissa grandiflora 'Ruby Point' 5-Gal. 16.55 479.95 EA P-2 1 r d 1 i LD 1 I El Item Approximate Item With Unit Price Unit Total No. Quantity Written in Words Price 16. 258 S.F. Gazania 'Sunrise Yellow' Flats @ 6" o.c. S.F. .58 149.64 17. 935 S.F. Myoporum pacificum 1-gal @ 5' o.c. w/'Sunrise Yellow' Gazania Flats @ 6" o.c. 1.03 963.05 18. 2223 S.F. Hydromulch & Stolonizing .39 866.97 19. 3838 S.F. Overseed & Fertilize Existing Turf .09 345.42 S.F. 20. 3416 S.F. Soil Preparation .26 888.16 21. 7410 S.F. Irrigation S.F. .88 6,520.80 22. Lump Sum 30 Day Plant Establishment Period L.S. 378.00 Lump Sum 23. Lump Sum 60 Day Post -installation Maintenance Period L.S. 804.00 Lum Sum 24. 1 EA ADA Access Ramp 950.00 950.00 EA 531,1519.35' Total Base Bid 5 7 �3,- P-3 F �i 1 I Pj 11 1 1 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is thirty (30) calendar days, excluding thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to exceed one hundred -twenty (120) calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans specifications, and the contract. Accompanying this proposal is ($_ 1. NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be retu-ned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 640672 - Signahi of Bidder BusinessAddressP.O. Box 1430 Baldwin Park,Ca91706Kevin K. Quanstrom W.P.) Place of Residence 20560Stephanie Dr., Covina, CA. 91724 Date this 27tbday of April , 19 93 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received P-4 Bidder's Signature Ll I 1 1 1 1 I 1 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name' • Barrios & Associates, Inc. 2. AddressP.O. Box 1430 Baldwin Park,Ca 3. Telephone(818) 960-2934 4. Type of firm -individual, partnership, or corporation: Corporation 5. Corporation organized under the laws of the State of: C a . 6. Contractor's License Number: 6 4 0 6 7 2 Expiration Date: 3/ 9 4 (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: T. A n R a r r i n G sr- (President-1 Kevin K. Quanstrom (V.P.) Patricia Alvarado (Sec-Treas) 8. Number of years experience as a contractor in construction work; 35 yrs . 9. List at least six projects completed as of recent date: Contract Amount Class of Work Date Completed Name, Address and Phone Number of Owner 37, 274 irrig/pl 3/92 i y o Duarte ntin ton Dr 357-793 30,000 irrig/pl 1/93 y of Az a 80,000 irrig/pl 1/93 i y 01 easciuellc-i- 0 N. Garfield 10. List the name of the person who inspected the site of the proposed work for your firm: Henry .T _ Rarri nc Date of Inspection: 4- 2 4- 9 3 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-5 25 [J DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1 %) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by sub -contractor for this project. P-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 State of tii--'� OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of L Though statute does not require the Notary to ^�� fill in the data below doing so may prove (�.l ` invaluable to persons relying on the document O before me b 0�� `S [ INDIVIDUAL DATE NAr TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC CORPORATE OFFICER(S) personally NAME(S) OF SIGNER(S) ❑ personally known to me OR R 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 ROY MOR R I S signature(s) on the instrument the person(s) cn COMM #967670 < "eb NOTARY PUBLIC CALIFORNIA N or the entity upon behalf of which the > LOS ANGELES COUNTY W person(s) acted executed the instrument I - My Comm Expires June 14.1996 �v�v WITNESS my h icia sea , SIGNATURE OF TITLE(S) PARTNER(S) [:]LIMITED GENERAL ATTORNEY IN FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) U7 OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTS THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT A� L Though the data requested here is not required by law AA it could prevent fraudulent reattachment of this form SIGNER(S) OTHER THAN NAMED ABOVE AN r✓ 01992 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 KG / I N K, Ou aN �P-,0n4 , being first duly sworn, deposes and says: 1. That hp or she is VICE Vol�l Dt(i of L' �l�sA the party 1 making the foregoing bid; 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3. That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; 5. That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, of fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member of agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. L •�u'►'tr''s ASS eGcle�c ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. P-7 (This guarantee shall be executed by the successful bidder in accordance with instructions in the special provisions. The bidder may execute the guaranty on this page at the time of submitting his bid.) GUARANTEE To the City of Huntington Beach, Department of Public Works: PROJECT: RENOVATION OF LESLIE PRINCE PARK The undersigned guarantees the construction and installation of all work as indicated in the plans and delineated in the specifications for the Renovation of Leslie Prince Park. Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within 12 months after date on which this finished project is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees reasonably incurred by reason of the said failure or refusal. L Barrios & Assoc,Inc. Contractor 4-27-93 Date P-8 1 01 tit13' L. BARRIOS & ASSOC., INC. P.O. BOX 1430 BALDWIN PARK, CA 91706.7430 4900 AZUSA CANYON RD. IRWINDALE, CA 91706-1940 (818) 960-2934 (714) 592-5893 City Clerk at the Civic Center Second Floor Administration Bldg. 2000 Main Street Huntington Beach, Ca. 4-27-93 2:00 a.m. LESLIE J. PRINCE PARK m� n IBID PROPOSAL A LANDSCAPE ENGINEERING INC. Firms Name To the Honorable Mayor and City Council of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the: RENOVATION OF LESLIE J. PRINCE PARK I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository, the by- laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialsman which is not processed through said depository, or which any subcontractor or materialsman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: Item Approximate Item With Unit Price Unit No. Quantity Written in Words Price Total Lump Si Bonds & Insurance Lump Sum L.S. 5,200.0( .2. Lump S um Mobilization L.S. 6,100.0 Lump Sum 3. Lump S um Demolition L.S. 6,500.0 Lump Sum P-1 1 1 i 1 1 1 1 Item Approximate Item With Unit Price Unit Total No. Quantity Written in Words Price 4. 106 L.F. Concrete Seat Wall $ 253.56 2) L.F. 5. 28 L.F. Concrete Mow Curb 6" Wide 18.00 504.01 6. 56 L.F. Concrete Mow Curb 12" Wide f ) 4C6,? aZ 25.12 - ,-49-i-. 0 7. 132 S.F. Concrete Paving�� 3.59 8. 130 S.F. Enhanced Paving 16.80 2,184.0 9. 2 EA Patterson Williams Double Litter Can Holder FA 250.00. 500.0 10. 80 CY Import Soil 25.00 2,000.0 CY 11. 3 EA Dura Art Stone Concrete Tree Grates 400.00 1,200.0 EA 12. 1 EA Temporary Flag Pole Sleeving 300.00 300.0 EA 13. 1 EA Catch Basin Grate 150.00 150.0 EA 14. 12 EA Arecastrum romanzoffianum 12' brown trunk height 1,000.00 12,000.0 EA 15. 29 EA Larissa grandiflora 'Ruby Point' 5-Gal. 15.00 EA P-2 11 Ll 1 .1 Item Approximate Item With Unit Price Unit Total No. Quantity Written in Words Price 16. 258 S.F. Gazania 'Sunrise Yellow' Flats @ 6" o.c. .77 $ 20 . S.F. 17. 935 S.F. Myoporum pacificum 1-gal @ 5' o.c. 2.0 0 1,870.01 w/'Sunrise Yellow' Gazania Flats @ 6" o.c. 18. 2223 S.F. Hydromulch & Stolonizing _28 19. 3838 S.F. Overseed & Fertilize Existing Turf .34 S.F. 20. 3416 S.F. Soil Preparation ►, !, !, 4 tt .34 inn 21. 7410 S.F. Irrigation } ,�o`► Qb 1.58 L1-,-7.6�6 - II S.F. 22. Lump Sum 30 Day Plant Establishment Period L.S. 1,600.0 Lump Sum 23. Lump Sum 60 Day Post -installation Maintenance Period L.S. 4,800.0 Lump Sum 24. 1 EA ADA Access Ramp 1 1,500.0 EA Total Base Bid P-3 it It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is thirty (30) calendar days, excluding thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to exceed one hundred -twenty (120) calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans specifications, and the contract. Accompanying this proposal is" BIDDER' S BOND" ($ 9, 000.00 ), NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of t , contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of con act is t) lo 6J8284 Signature of Bidder Business Address 2570 E- WAINUT ST. SUITE A PASADENA, CA. 91107 Place of Residence 2170 E. VILLA ST, PASADENA, CA. 91107 Date this 27 day of APRIL , 1993 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature P-4 1 I Ll G 11 1 1 1 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: LANDSCAPE ENGINEERING INC. 2. Address:2 5 7 0 E WALNUT, PASADENA CA 9110 73. Telephone: 818 — 4 4 0 —16 0 0 4. Type of firm -individual, partnership, or corporation: CORPORATION 5. Corporation organized under the laws of the State of: CALIFORNIA 6. Contractor's License Number: 6 5 8 2 8 4 Expiration Date:11 / 0 3/ 9 3 (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: MICHAEL MERLE 2178 E. VILLA, PASADENA, CA. 91107 8. Number of years experience as a contractor in construction work: 20 YRs - 9. List at least six projects completed as of recent date: Contract Amount Class of Work Date Completed Name, Address and Phone Number of Owner $95,000 PARR INST L 1 92 F 2M CO. —DEAN DAVIDSON 1055 W AVE L12, LANCASTE 805-949-7715 65 000 LANDSCAPEI G 3/93 REAUME CO.—GREG REAUME 2975 HUNTINGTON #102, S 818-795-7810 10. List the name of the person who inspected the site of the proposed work for your firm: MIKE MERLE Date of Inspection: 4/ 2 3/ 9 3 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-5 93534 MARINO Contract Amount Class of Work Date Completed Name, Address and Phone Number of Owner 50 000 LANDSCAPIN 9/92 GRIFFITH CO.—TIM CROSBY 12200 BLOOMFIELD, SANTA F 310-929-1128 SPRINGS IDESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1 %) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION OF WORK STATE LICENSE SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS MASONRY R. COOKE CONSTRUCTION 315749 B-1 C-29 1496 N. EUCLID AVE. UPLAND, CA. 91786 By submission of this proposal, the contractor certifies: ' 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by sub -contractor for this project. r P-6 E'i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being first duly sworn, deposes and says: 1. That he or she is of the party making the foregoing bid; 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3. That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain f from bidding; 5. That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, of fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member of agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the S 7teofCaliform. Vthate foregoing is. true and correct. r-r Dated 4/27/93 STATE OF CALIFORNIA County of LOS &qe Les On bcdf ore me, the undersigned, a Notary Public in and for said State er onally a pe red T), a C ws� . personally known to me (or proved to me BRENDAIFENI A on the basis of satisfactory evidence)Oak.-NOTARY PUBLIC•CuiFOM.TY to be the person whose name subscribed IOSANGflESCOINr,to the within instrument and acknowledged�rC�m awsosOct 22,1993 F' that executed the same. Witness my hand and official seal. Signature of notary (notarial Seal) i , �. (This guarantee shall be executed by the successful bidder in accordance with instructions in the special provisions. The bidder may execute the guaranty on this page at the time of submitting his bid.) GUARANTEE To the City of Huntington Beach, Department of Public Works: PROJECT: RENOVATION OF LESLIE PRINCE PARK 1 I The undersigned guarantees the construction and installation of all work as indicated in the plans and delineated in the specifications for the Renovation of Leslie Prince Park. Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within 12 months after date on which this finished project is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be en ted 11 costs and a enses, including attorney's fees reasonably incurred by reason of the saio refu V _ MICHAEL MERLE LANDSCAPE ENGINEERING INC. Contractor APRIL 27, 1993 Date P-8 LANDSCAPE ENGINEERING INCORPORATED 2570 EAST WALNUT STREET, SUITE A PASADENA, CALIFORNIA 91107 RECIEViEs ., UITY `:L ER t i`. � g,P'j r� CITY OF HUNTINGTON BEACH CITY CLERK —CIVIC CENTER 2000 MAIN STREET 2ND FLOOR HUNTINGTON BEACH, CALIFORNIA "RENOVATION OF LESLIE J. PRINCE PARK" 4 yn � P" i 'I t BID PROPOSAL H6ndo Company Inc. Firms Name To the Honorable Mayor and City Council of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the: RENOVATION OF LESLIE J. PRINCE PARK I hereby propose and agree to enter into a contract to perform the work re eh in described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository, the by- laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialsman which is not processed through said depository, or which any subcontractor or materialsman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: Item Approximate Item With Unit Price Unit Total No. Quantity Written in Words Price Lump t Bonds & Insurance Lump Sum 2,650. 2. Lump Sum Mobilization Lump Sum 2,000. 2,000. 3. Lump Sum Demolition Lump Sum 2,900. 2,900. P-1 it I Item Approximate Item With Unit Price Unit Total No. Quantity Written in Words Price 4. 106 L.F. Concrete Seat Wall L.F. 125. 13,250. 5. 28 L.F. Concrete Mow Curb 6" Wide 10. 280. 6. 56 L.F. Concrete Mow Curb 12" Wide 10. 560. 7. 132 S.F. Concrete Paving 5. 660. 8. 130 S.F. Enhanced Paving 26. 3,380. 9. 2 EA Patterson Williams Double Litter Can Holder 250. 500. .10. 80 CY Import Soil 20. Dura Art Stone Concrete Trc 1,600. 11. 3 EA 1-Z � Temporary Flag Pole Sleevii 3,611. 12. 1 EA - —rr,— 150. 150. 13. 1 EA Catch Basin Grate EA 250. 250. 14. 12 EA Arecastrum romanzoffianum 12' brown trunk height EA 700. 8,400. 15. 29 EA Carissa grandiflora 'Ruby Point' 5-Gal. EA 15. 435. P-2 V''I I 1 1. Item Approximate Item With Unit Price Unit Total No. Quantity Written in Words Price 16. 258 S.F. Gazania 'Sunrise Yellow' Flats @ 6" o.c. S.F. 1.00 258. 17. 935 S.F. Myoporum pacificum 1-gal @ 5' o.c. w/'Sunrise Yellow' Gazania Flats @ 6" o.c. 2.00 1,870. 18. 2223 S.F. Hydromulch & Stolonizing .30 19. 3838 S.F. Overseed & Fertilize Existing Turf S.F. .20 20. 3416 S.F. Soil Preparation Irrigation t I� .25 854. 21. 7410 S.F. 1 30 Day Plant Establishment 8,868. 22. Lump Sum Lump Sum 400. 400. 23. Lump Sum 60 Day Post -installation Maintenance Period 440. 440. Lum Sum 24. 1 EA ADA Access Ramp 1,200. 1,200. EA Total Base Bid 55,951. C P-3 .a ec, I. It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is thirty (30) calendar days, excluding thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to exceed one hundred -twenty (120) calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans specifications, and the contract. Accompanying this proposal is Bidder's Bond NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within ' 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be retuned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 373104 Hondo Companj Inc. r SigfjttVe of bidder Business Address 2121 S. Lvon Street Santa Ana, Ca. 92705 Place of Residence San Clemente. CA Date this 27 day of April 119 993 Bidder shall signify receipt of all Addenda here, if any: iAddendum No. Date Received P-4 Bidder's nat 1 n I PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: THnndn C:nm: any Tnc . 2121 S. Lyon Street 2. Address: Santa Ana. Ca. 92705 3. Telephone: 714 4 3 4- 010 4 4. Type of firm -individual, partnership, or corporation: C o rj2o r a t i on 5. Corporation organized under the laws of the State of California 6. Contractor's License Number: 373104 Expiration Date: 4- 3 0- 9 5 (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: 1108 Balboa Blvd. Michael Woods Balboa, Ca President 876 Avenida Acapulco Robert Lloyd San Clements, Ca Secretary/Treasurer 8. Number of years experience as a contractor in construction work: 25 9. List at least six projects completed as of recent date: Contract Class of Date Name, Address and Phone Amount Work Completed Number of Owner 498 579. Park 1993 City o2 M85711air ity ot Uerritos 375 040. Park 1993 11 x 284 oun y o range - 1992 714 56 -7826 7.279 Park 1992 City o� na eim 193-175 Park 1992 County of Orange 216-031 Beach City of Long Beach 10. List the name of the person who inspected the site of the proposed work for your firm: MichnPl Wood. Date of Inspection: 4 -15 - 9 3 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-5 LI DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS an scape—Buena Vista Lannscape ' Irrigation 601 Lakeview Placentia, CA 331406 C-27 i L� 11 By submission of this proposal, the contractor certifies: l . That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by sub -contractor for this project. me NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID R nh P r t- T .1 nv d , being first duly sworn, deposes and says: 1. That heor%ft SPc/Trens of Hondo Company Inc. , the party making the foregoing bid; 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; C3. That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false _ or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; 5. That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, of fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; C6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any r breakdown thereof, or divulged information or data relative thereto, or paid, and will l_ not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member of agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that t e foregoing is true and correct. _ ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. STATE OF CALIFORNIA COUNTY OF Orange r 1F.r, M OLLENNM •� hiirRi,r.;-Ltii.k- tx? KiiitYiA 3 .' OPANGE COUNTY — lrryr Comm. t:xpkes Feb.77;1996 o..e. ss. On this 16 day of April in the year 19 7 before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Llovd , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official sea II Notary Public in and for said State. II ACKNOWLEDGMENT —Corporation —Wolcotts Form 222CA-X—Rev 5-82 nZ 1982 WOLCOTTS. INC (once class84) 1'. � 1*1 - [l (This guarantee shall be executed by the successful bidder in accordance with instructions in the special provisions. The bidder may execute the guaranty on this page at the time of submitting his bid.) GUARANTEE To the City of Huntington Beach, Department of Public Works: PROJECT: RENOVATION OF LESLIE PRINCE PARK The undersigned guarantees the construction and installation of all work as indicated in the plans and delineated in the specifications for the Renovation of Leslie Prince Park. Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within 12 months after date on which this finished project is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City: If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees reasonably incurred by reason of the said failure or refusal. Hondo pa y inc. RobeX Lloyd, Secretary/Treasurer Contractor April 27, 1993 Date P-8 • , ' meta APR L t 4 4 Engineering Contractors � COMPANY INC. 2121 South Lyon Street Santa Ana, CA 92705 Honorable Mayor and City Council City of Huntington Beach, CA Proposal for: RENOVATION OF LESLIE J. PRINCE PARK w O