HomeMy WebLinkAboutCoast Landscape Construction, Inc - 1991-09-03 (2)',§Wl ".N RECORDED MAIL TO:
CITY'OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190
Hunfinptur Brach. C2lif. 926AF
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of
the City of Huntington Beach, California to Coast Landscape, 23011 Moulton Parkway,
Suite E-4, Laguna Hills, CA 92653.�_
who was the company thereon for doing the following work to -wit:
Construction of McCallen Park Phase II Improvements, CC-789.
Owner: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Site: 2318 Huntington Street - Yorktown/Delaware area
Nature of Interest: Real property
Work: landscaping and planter areas
That said work was completed by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and
completed and
that said work was/accepted by the City Council of the City of Huntington Beach
at a regular meeting thereof held on monday, August 17, 1992
That upon said contract the Wausau Insurance Companies
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 19th day of Au ust , 1992 .
4t1P;"4AZ' �i�
City Clerk and ex-officio C rk
of the City Council of the ity
of Huntington Beach, -California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach }
I, CONNIE BROC,KWAY, the duly annninteri _,rd c1,,,lified City un� C;�-v i Clork cfl i. � n . ci o
Clerk of the City Council of the City of Huntington Beach, California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true
and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be
recorded in the Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this 19th
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be record"
ftee of ebarge.
day of August , 1992 .
City Clerk and ex-officio erk
of the City Council of the City
of Huntington Beach, California
COMPLETE THIS INFORMRTION:
RECORDING REQUESTED BY:
RNO WHEN RECORDED MRIL TO:
K--555852 'r►�S
CAI; C C.
L+��
RECOIMDE131N 01513I0IAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
4:00
Rec. Feai._� a--
P.M. AUG 2 11992
04t,�. ` Recorder
D`T. T.`'
PCCR. i�--
S;,=.c I
THIS SPRCE FOR RECORDER'S USE ONLY
THIS PRGE RODEO TO PROUIBE RDEOURTE SPRCE FOR RECORDING INFORMRTION
(Additional recording fee applies)
kYiEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. BOX 190
Hnnfinworl 9c.ich. Calif. 926AF
9Z-55585Z
NOTICE OF COMPLETION
CONE r`IED
Not Carr) ar;.d With Original
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of
the City of Huntington Beach, California to Coast Landscape, 23011 Moulton Parkway,
Suite E-41 Laguna liills, CA 92653.
who was the company thereon for doing the following work to -wit:
Construction of McCallen Park Phase II Improvements, CC-789.
Owner: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Site: 2318 Huntington Street - Yorktown/Delaware area
Nature of Interest: Real property
Work: landscaping and planter areas
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
4:00
P.M. AUG 2 11992
411 Q• yftecorder
Tnat said work was completed by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and
completed and
that said work was/accepted by the City Council of the City of Huntington Beach
at a regular meeting thereof held on Monday, August 17, 1992
That upon said contract the Wausau Insurance Companies
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 19th day of August _ , 19 92.
_JK
City Clerk and ex-officio rk
of the City Council of the ity
of Huntington Beach, California
STATE OF CALIFORNIA }
County of Orange } ss:
City of Huntington Beach }
I, CONNI� 3ROCI.,AY, the duly appointed :and qualified City Clerk and ex-officio
Clerk of the City Council of the City of Huntington Beach, California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true
and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be
recorded in the Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Reach, California, this 19th
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
free of char_ge.
day of August 1992
— 40;0�
City Cleric and ex-officio rk
of the City Council of the City
of Huntington Beach, California
l l.4
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.�as.pr •'•
ic.in:
e" `I49
F
D-T.T_I
ARTHUR J. GALLAGHER CO.
Insurance Brokers of Calltomla, Inc.
SEC r 'c
DEPT OF P,.'P_'-!
HUNTINGTON ` =AGE, CALIF.
August 28, 1992
To Whom It May Concern
Huntington Beach, CA
RE; Coast landscape Construction Co.
$427,611.16 Construction of McCallen Park Phase 11
Please be ecMsed that the Wausau Insurance Company Bond No. 0650 08 041039 for
the above -captioned job covers workmanship and materials for a period of one year
after the completion date.
Wausau Insurance Company
W. Bowen
.Mlsam
APPROVED AS m0 POrI`.:
GAiL HUTTON. City Attorney
By.. Deputy City Attorney
7W1 BrDN!!MME DUNE #4W • PLSABAW0N, G A438Br W
P.D. am 8101 • PLFAUNTDN, ""M&8101
(510) 40040W • FAGOMMILE' M1V) 64Y4M1 ■ VOICE MAUL M10) bD—a
CoAsr LANDSCAPE
C 0 N S T R U C T 1 0 N I N C
September 4, 1992
Mr. Randy Huttenberger
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, Ca. 92648
RE: Affadavits of Satisfaction of Claims
McCallen Park -Phase II
CLC Project No. 9126
Contract No.: CC-789
Dear Randy:
S EP 2 1992
We hereby state that all workers and persons employed, all firms supplying
materials and all subcontractors upon McCallen Park have been paid in full and that
there are no claims outstanding against McCallen Park for either labor or material,
except certain items, if any, to be set forth in a affadvit 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.
Sincerely,
COAST -LAN SCAPE CO STRUCTION, INC.
i
Charles W. de varmo
Vice President
Livermore, California 23011 Moulton Parkway, Suite E-4 Denver, Colorado
(415) 44M909 Laguna Hills, CA 92653 (303) 761-2132
(714) 581.5826
FAX (714) 581-4973
COAST LANDSCAPE
C 0 N 5 T R U C T 1 0 N I N C
September 4, 1992
Department of Public Works
CITY OF HUNTINGTON BEACH
P.O. Box 190
Huntington Beach, Ca. 92648
RE: Certification of Compliance with Title VII
of the Civil Rights Act and Equal Employment
Opportunity Act of 1972
McCallen Park -Phase II
CLC Project No. 9126
Contract No.: CC-789
Gentlemen:
F= [:-!ic titMrks S!.erir,l Projects
SEP 2 ,; 1992
iMT1NGT0;i BEACH, c,.
The undersigned contractor on Project Number CC-789, McCallen Park Phase II
hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and
guards employed by him or by any subcontractor performing work under the
contract on the project have been paid wages at rates not less those required by the
contract provisions, and that the work performed by each such laborer, mechanic,
apprentice or trainee conformed to the classifications set forth in the contract or
training program provisions applicable to the wage rate paid.
Sincerely,
COAST LANDSCAPE CONS1UCTION, INC.
Aa,7
Charles W. de Garmo
Vice President
Livermore, California 23011 Moulton Parkway, Suite E-4 Denver, Colorado
(415) 449-0909 Laguna Hills, CA 92653 (303) 761-2132
(714) 581-6626
FAX (714) 581.4973
I have received the Performance Bond and Payment Bond for McCallen Park
Phase II Improvements - CC-789 on behalf of the Treasurer's Office.
B Y : 1491(l
d -%- V
. , Wausau
Insurance
Companies
.r slit
KNOW ALL NIEN BY THESE PRESENTS: That we
Any correspondence +n relalion to this
bond should be directed to:
Wausau Insurance Companies
Bonding
2000 Westwood Drive
Box 150
Wausau, WI 54401
PERFORMANCE BOND
Bond No. 0650 08 041039
PREMIUM: $6,158.00
COAST LANDSCAPE CONSTRUCTION, INC.
as Principal, and EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY
a corporation organized under the laws of the State of WISCONSIN and duly authorized under the laws of the State of
CALIFORNIA to become sole surety on bonds and undertzking, as Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
as Obligee
in the full and just sum of FOUR HUNDRED TWENTY SEVEN THOUSAND SIX HUNDRED ELEVEN DOLLARS & 16/100--
Dollars, (S427,611. 16--- ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns;
for which payment, well and truly to be made. we bind ourselves, our heirs, executors. successors, administrators and assigns,
jointly and severally, firmly by these presents,
The Condition of the above Obligation is such that whereas the said Principal has entered into a contract of even date herewith
with the said Obligee to do and perform the following work, to -wit:
CONSTRUCTION OF MCCALLEN PARK, PHASE II
as is more specifically set forth in said contract. to which contract reference is hereby made:
Now therefore, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants. conditions
and requirements of the said contract in accordance with the plans and specifications. then the above obligation 10 be void,
otherwise to remain in full force and virtue.
No right of action shall accrue under this bond to or for the use of any person other than the Obiigee named herein.
Sealed with our seals and dated this LOTH
APPROVED AS TO FOR14:l
GAIL EUTTON, City Attorney
By: Deputy City torney
(PI 815.4249 3-83 PRTD. USA
day of SEPTEMBER
19 91
COAST SCAPE CONVAUCTION, INC.
PC clpal tSCat}
v
EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY
(seal!
� r
By
JAIL E. STARK gttor�ep-r�-Fact
Wausau
Insurance
Any correspondence in relation to this
bond should be directed to:
Companies Wausau Insurance Companies
Surety Underwriting
2000 Westwood Drive
Wausau, Wisconsin 54401
PAYMENT BOND — PUBLIC WORKS — State of CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS:
Bond No. 0650 08 041039
PREMIUM INCLUDED IN
PERFORMANCE BOND
Tnat we, COAST LANDSCAPE CONSTRUCTION, INC. as Principe;,
and EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COYXANY incorporated under the laws of the State of
WISCONSIN and -,;V-orized tc execute :,ands and undertakings as sore surety, as Surety, are held and firmly bound unto
any and all oe-sons "arced California Civi: Code Section 3181 whose claim has not uee,n paid by the contractor, company cr
corpo,a-ior:, i-1 ,he aggregate tcta' of FOUR HUNDRED TWENTY SEVEN THOUSAND SIX HUNDRED ELEVEN DOLLARS
AND 16/100--------------------------------------------------------- Dollars, ($427, 611.16----),
for the payment whereof, well and Truly to be made, said Principal and Surety hind :hemselves, the;r heirs, administrators, successors
and assigns, jointly and severally, firmly by these presents.
The Condition of the foregoing obligation is such that; whereas :he above bounden Principal has entered into a contract, dated
, 19 , with the CITY OF HUNTINGTON BEACH
to do the following work, tc-wit: CONSTRUCTION OF MCCALLEN PARK, PHASE II
Now, Therefore, if the above bounden Principal, contractor, person, company cr corporation, or his or its sub -contractor, fails to pay
any claimant named in Section 3181 of the Civil Code of the Stare of California, or amounts due under the Unemployment I nsurance
Code, with respect to work or labor performed by any such clairna-it, or any amo-nts required to be deducted, withheld, and paid
over to the Franchise Tax Board `rorn the wages of employees of the=ontrac:c-r and his subcontractors pursuant to Section 18806 of
t"e Fevenue and Taxation Cade, ,hat, the Surety on this bond will pay the same in an amount not exceeding the aggregate sum
speci`=ed ir this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court
to the prevailing party in said suit, said attorney's fee to be )axed as costs in said suit.
This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a
right of action to there or their assignees in any suit brought upon this bond.
This bond is executed and filed to comply with the provisia^s of the act of Legislature of the State of California as designated in Civil
Code, Sections 3247-3252 inclus;ve, and all amendments thereto.
Signed and Sealed this 1OTH day of SEPTEMBER 19 9.1
APFE07ED AS TO 1PC•R.'.'r :
GAIT: xUTO::, City A
It; tcrney
P-Y: D6-P y C-ty A tto, Bey
fPi 815-4239 3-80
COAST LANDSCAPE CONSTRUCTION, INC. _
Principal (Seal)
by
EMPLOYERS INSURANCE OF WAUSAT;, A MUTUAL COMPANY
Surer i RSeal)
by
r i, q
JA. nESTARK ttvrnev•in•Fact
aRTD. USA
No. 206-048- 0 0 0 51
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
POWER OF ATTORNEY
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KNOW ALL MEIN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company. a corporation duly organized and existing under
the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of
Wisconsin, has made• constituted and appointed, and does by these presents make, constitute and appoint
, IAMFS R STARK
its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute,
seal, acknowledge and deliver ANY OR ALL BONS �N6DEXRC FA.RPE ISANC60 %RT�}�,PLY8ITI'EN
OBLIGATIONS INTHE ;NATURETHEREOF Irv+VV I Ccv I F IC �I''''11�� IIUUNN
DOLLARS C$1Q,000,0111)
and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with
the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
attorney -in -fact may do in the premises.
This powerof attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company ata
meeting duly called and held on the 18th day of ,May, 1973. which resolution is still in effect:
"RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF
WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying
the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE, OF WAUSAU A
Mutual Company bonds, undertakings and all contracts of suretyship: and that any secretary or 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 EMPLOYERS INSURANCE OF WAUSAU A Mutual Cumpany"
"FURTHER RESOLVED, that the signaturesof such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
A Mutual Company 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 and facsimile seal shall he valid and binding
upon the EMPLOYERS INSURANCE OF WAUSAU A,Mutual Company 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, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
of ned AUGLISTe president and attested b_y its assistant secretary, and its corporate seal to he hereto affixed this IST day
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
By
R. D- - - -
Attest:
L, i Q �,, & —
D. J. Sorrell Assistant Secretary
STATE OF W ISCONS 1
) ss.
COUNTY OF MARATHON )
On this 191 day of AUGUST
Vice President
lei �3 . hefore me personally came
R. D. Farnsworth to me known. who being by me duly sworn, did depose
and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company. the corporation
described in and which executed the above instrument: that he knows theseal of said corporation: that the seal affixed to said
instrument is such corporate seal and that it was so affixed by order of the Board of Iirectors of said corporation and that he
signed his name thereto by like order.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed mY uffieial seal this dav and year herein first above
written. 0% n
Donna Lutzow 0 Notary Public
NOTARY PUBLIC
STATE OF WISCONSIN
DIY COMNIISSION IS PF RMANENT
CERTIFICATE
STATE OF WISCONSIN )
CITY OF WAUSAU ) ss.
COUNTY OF MARATHON )
I, the undersigned, assistant secretary of EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company. a Wisconsin
corporation, do hereby certify that the foregoing and attached power of attorney, W H ICH M UST CONTA 1 N A VAIA DAT-
IING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK. remains in full fierce and has not been
revoked-, and furthermore that the resolution of the Beard of Directors yet forth in the power of attorney is Mill in force.
Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this 10TH day
of SEPTEMBER 19 91 7 ,4 n ----)
D. J.
_, SEALS
r
Assistant Secretary
NOTE.: IF YOU HAVE ANY QUESTIONS REGARDING THF: VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY. CALL TOLL FREE!R00)y264661.(IN WISCONSIN CA] A.i=;01i;4- !)!1.11).
REQUEST FOR CITY COUNCIL ACTT
August 17, 1992
Date
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrat
Prepared by: Louis F. Sandoval, Director of Public at
WCAPPROVED BY CITY COUNCIL
Ron Hagan, Director of Community Services
Subject: � /'% lg-V
CONSTRUCTION OF McCALLEN PARK: CC--79
Consistent with Council Policy? N Yes [ ] New Policy or
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Coast Landscape Construction, Incorporated has completed the construction of McCallen Park.
RECOMMENDATION:
Accept the improvements and authorize the City Clerk to file the Notice of Completion.
ANALYSIS:
Initially, the construction of Marcus McCallen Park was to be accomplished in three phases.
Phase One completed in June of 1989, included the construction of on —site drainage facilities
and rough grading. On September 3, 1991, Council awarded a contract, for Phase Two, to Coast
Landscape Construction. This contract was limited to constructing the landscape and play area
facilites on the park site directly adjacent to the new Boys/Girls Club. Construction of the
landscape improvements around the Boys/Girls Club was to have been the third and final phase.
However, on January 6, 1992, Council authorized these improvements to be completed along
with the second phase of construction.
The construction of the Phase Two/Three Marcus McCallen Park landscape improvements are
complete per the approved plans and specifications; and therefore, the director of Public Works
recommends acceptance of the project and requests that the City Clerk be authorized to file
the Notice of Completion.
The final costs for the Phase Two/Three combined improvements are summarized as follows:
Contract Amount:
Construction Contingencies:
Incidentals
TOTAL:
Council A rov 1
$532,360.16
53,261.00
4,000.00
$585,621.16
Actual Expentiture
$526,543.00 (1)
28,833.30 (2)
944.64(3)
$556,220.94
Plo 5/85
Request for Council Action
Construction of McCallen Park; CC-789
August 17, 1992
Page 2
(1) Final contract costs were less than budgeted because construction quantities were less
than bid and several items of work (i.e. height of ballfield fencing and trench drainage)
were altered during construction.
(2) Construction change orders included: additional block wall; removal of a concrete walk,
tree and pole; change in play sand area; waterproofing a retaining wall; removing existing
wood fencing; changing several pieces of play equipment; additional basketball court
painting; painting of a trash enclosure to match Boy's Club building; painting of park light
poles; modifying handicap access ramp into sand play area; and the filling/compacting a
sunken area along side the Boy's Club adjacent to Delaware Street.
(3) Incidental expenditures included electrical service fees for the irrigation controller and
fees for soil testing services.
FUNDING SOURCE:
Staff budgeted $590,249 for this project in fiscal account No. E-SK--CS-600-6-39-00 (Marcus
McCallen Park.
ALTERNATIVE ACTION:
N/A
ATTACHMENTS:
None
MTU:LFS:RH:lb
3117g/14 & 15
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
_`
August 19, 1992
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA. 92702
Dear Sir:
CALIFORNIA 92648
Enclosed please find a Notice of Completion to be recorded and returned
to the Office of the City Cierk,City of Huntington Beach, P.C. Box
190, Huntington Beach, California 92648.
Enclosed also is a copy of the Notice of Completion. Please return the
conformed copy - document number, recording date, book and page number.
Sincerely yours,
Connie Brockway
City Clerk
CB:bt
Enclosure Coast Landscape CC-789
(Telephone: 714-536.5227 )
WHEN .`'CORDED MAIL TO:
a
Ci f-Y OF HUNTINGTON BLACK
Office of the City Clerk
P. 0. BOX 190
illiolinvion Br.ich Cafif 9264P
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of
the City of Huntington Beach, California to Coast Landscape, 23011 Moulton Parkway,
Suite E-4, Laguna Hills, CA 92653.
who was the company thereon for doing the following work to -wit:
Construction of .NcCallen Park Phase II Improvements, CC-789.
Owner: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Site: 2318 Huntington Street - Yorktown/Delaware area
Nature of Interest: Real property
Work: landscaping and planter areas
That said work was completed by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and
completed and
that said work was/accepted by the City Council of the City of Huntington Beach
at a regular meeting thereof held on Monday, August 17, 1992
That upon said contract the Wausau Insurance Companies
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 19th day of August 19 92.
City Clerk and ex-officio C rk
of the City Council of the ity
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach j
1,CONNIE BROCK1AY, the duly appointed and qualified City Clerk and ex-officio
Clerk of the City Council of the City of Huntington Beach, California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true
and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be
recorded in the Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this 19th
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
free of chArge.
day of August , 1992 .
City Clerk and ex-officio rk
of the City Council of the City
of Huntington Beach, California
-% {
REQUEST FOR CITY COUNCIL ACTI
f17
January 6, 1992 I
Date
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator -
Prepared by: Louis F. Sandoval, Director of Public Works T
QIL
Ron Hagan, Director of Community Services APPROVED BY CITY CUL'1 n
Subject: MARCUS MC CALLEN PARK, PHASE 3. CC- 9
19,
CITY CLERK �
Consistent with Council Policy? PC] Yes [ ] New Policy or Exce
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
TATEMENT OF ISSUE:
Marcus Mc Callen Park has a last and final phase, Phase 3, which will complete the park
improvements.
RECOMMENDATION:
1. In order to expedite completion of Mc Callen Park staff recommends that Phase 3
improvements be included as part of the Phase 2 construction, now in progress,
utilizing the same contractor and bid unit prices at a total cost of $116,249.
2. Approve the transfer of $45,249 from park fund account number
E-SK-CS-340-6-59-00 into number E-SK-CS-600-6-39-00.
ANALYSIS
The development of Marcus Mc Callen Park has been divided into 3 phases. Phase 1
included installing a storm drain system and rough grading the entire site. Phase 2, which
is in progress, is the majority of the landscaping and recreation/park amenities outside of
the Boys Club building and parking lot. Phase 3 would then include the minor landscaping
around the Boys Club building and in the planter areas in the parking lot. The Phase 2 and
Phase 3 separation was created from the possible conflict of having two separate
contractors working on two separate projects (park and Boys Club) on the same project
site.
The construction of Phase 2 of Marcus Mc Callen Park was awarded to Coast Landscape
Construction, Inc., after open competitive bidding, at the Council meeting of September 3,
1991.
Since Phase 3 is a small portion of the overall project, staff is recommending that this
additional work be preformed by the same contractor at his agreed upon unit prices, as a
change order to the original contract, at a total cost of $ 116,249.
The major benefit of including Phase 3 as part of Phase 2 is that it will expedite
completion of the park for the Boys Club and public. If we don't roll the last phase into
the current job, Phase 3 could not commence until after June, 1992. The current
contractor will be able to complete both phases by that date.
Plo 5185
RCA' - Marcus Mc Callen Park, Phase 3
.January 6, 1991
Page 2
FUNDING O R E:
Phase 3 Change Orders:
10% Contingency
Incidentals
Total
$104,749.00
10,500.00
1.000.00*
116,249.00
The project budget includes sufficient revenues to cover construction costs,
anticipated change orders, and project incidentals; however, staff is not authorized to
encumber funds for incidentals without Council approval. Therefore, it is
recommended that $1,000.00 be encumbered for project incidentals.
Revenue Sources:
Phase 2 includes a budgeted amount of $545,000 in fiscal account
E-SK-CS-600-6-39-00 (Marcus Mc Callen Park) for these improvements. This figure
includes HUD funding of $167,285 and a State Parks Grant for $135,000. Phase 2 will
cost approximately $474,000. This leaves $71,000 for Phase 3. $45,249 would have to
be transferred from the Park Acquisition and Development Fund's park equipment
replacement account number E-SK-CS-340--6-59-00 to complete the park; the
$45,249 could be replaced in this account after the City receives payment from the
state for the $135,000 grant noted herein.
ALTERNAT A TI N:
Deny awarding Phase 3 as a change order and solicit for competitive bids as a separate
project.
ATTACHMENT:
t. RCA dated September 3, 1991 - .Marcus McCallen Park, Phase 2, CC-789.
MTU:LFS:RYI:dw
3143g/3&4
REQUEST FOR CITY COUNCIL ACTION
Date _ September 3, 1991
Submitted to:
Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrato
Prepared by: Ronald Hagan, Director of Community Sery es APPROVED BY CITY COUNCIL
Subject: Qskouis F. Sandoval, Director of Public Works _
MARCUS MC CALLEN PARK, PHASE 2; C —789 -3 -19":1/
CITY
Consistent with Council Policy? [ kyes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT F ISSUE:
Bids for the Marcus McCallen Park, Phase 2, were received and opened on August 13, 199I.
REC(2hfflENDATIONS:
L Approve the low bid submitted by Coast Landscape Construction, Inc.
2. Authorize the Director of Public Works to expend $473,372.16 to cover contract
costs of $427,611.16, estimated construction change orders of $42,761 and anticipated
incidental expenditures of $3,000.
MnAWSI
On July 15, 1991, Council approved the plans and specifications for the construction of the
Marcus McCallen Park, Phase 2 and authorized the Director of Public Works to solicit bids
for construction. Bids, as summarized below, were received and opened on August 13,
1991.
Base Bid
Contractor Base Bid Alt #1 Plus Alt # 1
I.
Coast Landscape
$427,011.17
$ 600.00
$427,611.16
2.
Micon Engineering
462,774.22*
-1,680.00
464,454.22*
3.
Valley Crest Landscape
471,950.00*
1,050.00
473,000.00*
4.
Marina Contractors
487, I86.00*
10,000.00
497,186.00
5.
Bp Park Enterprises
487,333.35
1,000.00
488,333.35
6.
Kato Landscaping
489,241.70*
750.00
489,991.70*
7.
Superb Contractors
496,091.70*
1,000.00
497,091.70*
8.
Artistic Landscape
496,452.55*
1,250.00
497,702.55*
9.
Gillespie Construction
497,157.55
1,000.00
498,157.55
P1Q 5/85
Marcus Mc Callen Park, Phase 2; CC-789
September 3, 1991
Page 2
Base Bid
Contractor Base Bid Alt #1 Plus Alt # 1
10.
Neff Contracting
498,409.00
350.00
498,759.00
11.
DTEC Construction
505,907.55*
1,600.00
507,507.55*
12.
Hondo Company
510,010.40
1,500.00
511,510.40
13.
Premier Engineering
526,197.48*
1,312.50
527,439.98
14.
Terra -Cal Construction
531,54I.85*
500.00
532,041.85
15.
Taylor -Shafer, Inc.
532,125.90*
2,000.00
534,125.90
16.
Soar Corporation
538,299.50*
1,000.00
539,299.50*
17.
MJS Construciton
544,000.00
5,000.00
549,000.00
18.
J.K. Palmer Construction
553,408.25*
584.50*
533,992.75*
19.
Multi Construction
553,615.06*
4,130.00
557,745.06*
* Audit total {i.e. the actual
total of bid after correction
of math
errors.)
Alternate #1 includes an allowance for unsuitable material.
FUNDING SOURCE:
Contract Costs $427,611.16
Construction Contingencies: 42,761.00**
Incidentals (i.e. soils testing, utility costs, etc.) 3.000.00***
Total $476,372.16
Engineer's Estimate: $549,580.00
** The Director of Public Works is authorized, by Resolution, to spend up to 10% of the
contract amount, but not more than $50,000.00, on anticipated change orders (i.e.
unforeseen work etc.)
*** The project budget includes sufficient revenues to cover construction costs,
anticipated change orders, and project incidentals; however, staff is not authorized
to encumber funds for incidentals without Council approval. Therefore, it is
recommended that $3,000.00 be encumbered for project incidentals.
Revenue Sources:
An unencumbered balance of $685,000.00 is available in fiscal account
E-SK-CS-600-6-39-00 (Marcus Mc Callen Park) for these improvements. This
figure includes HUD funding of $167,285 and a State Parks Grant for $135,000.
ALTERNATIVE ACTION:
1. Deny award of contract to Coast Landscape and select one of the other bidders.
2. Reject all bids and forego the construction of these improvements.
ATTACHMENTS:
None
LFS:RH:dw
3029g/5&6
RCA - ROUTING SHEET/CHECKLIST
WHITE - REMAINS WITH RCA
GREEN - ADMINISTRATION COPY
CANARY - CITY ATTORNEY'S COPY
PINK - CITY CLERK'S COPY
GOLD - DEPARTMENT COPY
INITIATING DEPARTMENT Public Works DATE December 24, 1991
SUBJECT Marcus Mc Callen Park, Phase 3; CC-789
MEETING DATE January 6, 1992 AGENDA DEADLINE December 24, 1991
(TO ADMINISTRATION)
YES NO
PUBLIC NOTICE [ ] [X] PUBLICATION DATE
LEGAL DEPARTMENT (with Exhibits)
Date In Date Out
INITIATING DEPARTMENT REVIEW/CHECKLIST:
YES NO N/A
[ ] [ ] [ ] ordinance [ ] Exhibit 1
[ ] [ ] [ ] Resolution [ ] Exhibit 2
[ ] ( ] [ ] Signed Contract [ ] Exhibit 3
[ ] ( ] [ ] signed Agreement [ ] Exhibit 4
( ] [ ] C ] Neg. Dec/EIR
( ] [ ] ( ] Insurance Required Additional [ ]
Exhibits Nbr.
[ ] [ ] [ ] Bonds Required
[ ] [ ] [ ] Financial impact statement
(Unbudgeted Items over $1,000)
[ X] ( ] [ ] RCA -- City Council
[ ] [ ] [ ] RCA - Redevelopment Agency -
INITIATING DEPARTMENT APPROVAL BY: Louis F. Sandoval
[ ] ADMINISTRATION REVIEW
[ ] CITY CLERK FOR AGENDA
COMMENTS:
FEDERALLY FUNDED PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
COAST LANDSCAPE CONSTRUCTION, INC., FOR THE
CONSTRUCTION OF MCCALLEN PARK PHASE II
FEDERALLY FUNDED PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
COAST LANDSCAPE CONSTRUCTION, INC., FOR THE
CONSTRUCTION OF McCALLEN PARK PHASE II
TABLE OF CONTENTS
SECTION
PAGE
I.
STATEMENT OF WORK; ACCEPTANCE OF RISK.
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS . . . . . . . . . . . . . . . . . . .
. 2
3.
COMPENSATION . . . . . . . . . . . . . . . . . . . .
. 3
4.
COMMENCEMENT OF PROJECT . . . . . . . . . . . . . . .
. 4
5.
TIME OF THE ESSENCE . . . . . . . . . . . . . . . . .
. 4
6.
CHANGES . . . . . . . . . . . . . . . . . . . . . . .
. 5
7.
NOTICE TO PROCEED . . . . . . . . . . . . . . . . . .
. 5
8 .
BONDS . . . . . . . . . . . . . . . . . . . . . . . .
. 6
9.
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT . . . . .
. 6
10.
CALIFORNIA PREVAILING WAGE LAW . . . . . . . . .
. 7
11.
CALIFORNIA PREVAILING WAGE LAW - PENALTY . . . . . .
. 7
12.
CALIFORNIA EIGHT -HOUR LAW . . . . . . . . . . . . . .
. 7
13.
CALIFORNIA EIGHT -HOUR LAW - PENALTY. . . . . . . . .
. 7
14.
PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. . . . .
. 8
15.
EMPLOYMENT OF APPRENTICES . . . . . . . . . . . . . .
. 8
16.
PAYROLL RECORDS . . . . . . . . . . . . . . . . . . .
. 8
].7.
INDEPENDENT CONTRACTOR . . . . . . . . . . . . . . .
. 8
1.8.
LIQUIDATED DAMAGES/DELAYS. . . . . . . . . . . . . .
. 9
19.
DIFFERING SITE CONDITIONS . . . . . . . . . . . . . .
. 11
20.
VARIATIONS IN ESTIMATED QUANTITIES . . . . . . . . .
. 11
21.
PROGRESS PAYMENTS . . . . . . . . . . . . . . . . . .
. 12
22.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES.
. 13
23.
AFFIDAVITS OF SATISFACTION OF CLAIMS . . . . . . . .
. 13
24.
WAGE RATE . . . . . . . . . . . . . . . . . . . . . .
. 13
25.
STATE CONTRACT ACT . . . . . . . . . . . . . . . . .
. 14
26.
WAIVER OF CLAIMS . . . . . . . . . . . . . . . . . .
. 14
27.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS. . . . . . .
. 14
28.
WORKERS' COMPENSATION INSURANCE. . . . . . . . . . .
. 15
29.
INSURANCE . . . . . . . . . . . . . . . . . . . . . .
. 16
30.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS . . . . . . . . . . . . . . . . . . . .
. 17
31.
DEFAULT AND TERMINATION . . . . . . . . . . . . . . .
. 17
32.
DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS.
. 18
33.
NON -ASSIGNABILITY . . . . . . . . . . . . . . . . . .
. 18
34.
CITY EMPLOYEES AND OFFICIALS . . . . . . . . . . . .
. 18
35.
NOTICES . . . . . . . . . . . . . . . . . . . . . . .
. 19
36.
CAPTIONS . . . . . . . . . . . . . . . . . . . . . .
. 19
37.
FEDERAL PARTICIPATION . . . . . . . . . . . . . . . .
. 19
38.
DAVIS-BACON ACT . . . . . . . . . . . . . . . . . . .
. 20
39.
DISCRIMINATION, MINORITIES, ALIENS . . . . . . . . .
. 20
40.
EQUAL EMPLOYMENT OPPORTUNITY . . . . . . . . . . . .
. 20
41.
COPELAND "ANTI -KICKBACK" ACT . . . . . . . . . . . .
. 21
42.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT . . . .
. 21
43.
IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER
POLLUTION CONTROL ACT . . . . . . . . . . . . . . .
. 22
44.
ENERGY CONSERVATION . . . . . . . . . . . . . . . . .
. 23
45.
ENTIRETY . . . . . . . . . . . . . . . . . . . . . .
. 23
FEDERALLY FUNDED PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
COAST LANDSCAPE CONSTRUCTION, INC., FOR THE
CONSTRUCTION OF MCCALLEN PARK PHASE II
THIS AGREEMENT is made and entered into on this !�-iday
of StDlG eY~ 1991, by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and COAST LANDSCAPE
CONSTRUCTION, INC., 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
construction of McCallen Park Phase II, in the City of Huntington
Beach, California; and
CONTRACTOR has been selected and is to perform said work;
NOW, THEREFORE, in consideration of the promises and agreements
hereinafter made and exchanged, the parties covenant and agree as
follows:
1. STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plant,
tools, equipment, supplies, transportation, utilities and all other
items, services and facilities necessary to complete and construct
the PROJECT in a good and workmanlike manner.
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 been countered in the
prosecution of work, and for all other risks of any description
connected with the work, including, but not limited to, all expenses
-1-
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.
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the
terms, conditions and obligations of this Agreement and the Contract
Documents (as hereinafter defined), the location of the job site,
and the conditions under which the work is to be performed, and that
it enters into this Agreement based upon its investigation of all
such matters and is relying in no way upon any opinions or
representations of CITY.
It is agreed that the Contract Documents are incorporated into
this Agreement by this reference, with the same force and effect as
if the same were set forth at length herein, and that CONTRACTOR and
its subcontractors, if any, shall be bound by said Contract
Documents insofar as they relate in part or in any way, directly or
indirectly, to the work covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The 1991 edition of Standard Specifications for Public -
Works Construction, published by Building News, Inc., 3055 Overland
Avenue, Los Angeles, California 90034, and all amendments thereto,
written and promulgated by the Southern California Chapter of the
-2-
American Public Works Association and the Southern California
District Associated General Contractors of the California Joint
Cooperative Committee;
D. Bid documents including the Specifications and Special
Provisions to Bidders and the Contractor's Proposal (attached hereto
as Exhibit "A");
E. The particular plans, specifications, special
provisions and addenda applicable to the PROJECT. Anything
mentioned in the Specifications and not indicated in the Plans or
indicated in the Plans and not mentioned in the Specifications,
shall be of like effect as if indicated and mentioned in both. In
case of discrepancy between any plans, specifications, special
provisions, or addenda, the matter shall be immediately submitted by
CONTRACTOR to the Department of Public Works of CITY (hereinafter
referred to as "DPW"), without whose decision said discrepancy shall
not be adjusted by CONTRACTOR, save only at its own risk and expense.
Should there be any conflict between the terms of this
Agreement and the bid or proposal of CONTRACTOR, then this Agreement
shall control and nothing herein shall be considered as an
acceptance of the terms of said bid or proposal which is in conflict
herewith.
F. Should there be any conflict between Bid documents
including the Specifications and Special Provisions to bidders and
the 1991 Edition of Standard Specification for Public Works
Contracts the former will be controlling.
-3-
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full
compensation for the faithful performance of this Agreement, subject
to any additions or deductions made under the provisions of this
agreement or the Contract Documents, the sum of Four Hundred
Twenty -Seven Thousand Six Hundred Eleven and 16/100 Dollars
($427,611.16) as set forth in the Contract Documents, to be paid as
provided for in Sections 1, 6, 21 and 22 herein.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10)
working days after notice to proceed is issued and shall diligently
prosecute PROJECT to completion within Two Hundred Forty (240)
consecutive calendar days.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the
essence in the performance of this Agreement and each and every
provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the
Contract Documents for all shop drawings, details and samples, and
do all other things necessary and incidental to the prosecution of
its work in conformance with the progress schedule set forth in the
Contract Documents. CONTRACTOR shall coordinate its work with the
work of all other contractors, subcontractors and CITY forces
working on the PROJECT, in a manner that will facilitate the
efficient completion of the PROJECT and in accordance with Section 4
herein. CITY shall have complete control of the premises on which
the work is to be performed and shall have the right to decide the
time and order in which the various portions of the work shall be
-4-
performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters
concerning the timely and orderly conduct of the work of CONTRACTOR
on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications
set forth in the Contract Documents unless a change therefrom is
authorized in writing by the DPW. CONTRACTOR agrees to make any and
all changes, furnish materials and perform all work necessary within
the scope of the PROJECT as the DPW may require in writing. Under
no condition shall CONTRACTOR make any changes without the written
order of the DPW, and CITY shall not pay any extra charges made by
CONTRACTOR that have not been agreed upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit
immediately to the DPW a written cost proposal reflecting the effect
of the change. Should the DPW not agree to such cost proposal, the
work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the
parties upon cost and pricing data submitted by the CONTRACTOR;
thereupon, CITY will promptly issue an adjusted change 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
-5-
Proceed is issued. In event of a delay in commencement of the work
due to unavailability of the job site, for any reason, relief to the
CONTRACTOR shall be limited to a time extension equal to the delay
due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this
Agreement, furnish the following bonds approved by the City
Attorney: One in the amount of one hundred percent of the contract
price to guarantee the CONTRACTOR'S faithful performance of the work
and one in the amount of one hundred percent (100%) of the contract
price to guarantee payment of all claims for labor and materials
furnished.
9. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
CONTRACTOR agrees to comply with all requirements and utilize
fair employment practices in accordance with the California
Government Code § 12900 et seq.
10. CALIFORNIA PREVAILING WAGE LAW
The CITY has ascertained from the Director of Industrial
Relations of the State of California the general prevailing rate of
per diem wages and the general prevailing rate for legal holiday and
overtime work in the locality in which the work is to be performed
for each craft or type of work needed to execute this Agreement, and
the same has been set forth by resolution on file in the office of
the City Clerk of CITY. CONTRACTOR and any subcontractor under it
shall pay not less than said prevailing wage rates to all workers
employed on this Public Works Agreement, as required by California
Labor Code S§ 1771 and 1774. In accordance with the provisions of
Ifl
§ 3700 of the California Labor Code, CONTRACTOR agrees to secure
payment of compensation to every employee.
11. CALIFORNIA PREVAILING WAGE LAW - PENALTY
Pursuant to Section 11 of this Agreement and in accordance with
§§ 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as
a penalty to CITY, forfeit Twenty -Five Dollars ($25.00) for each
calendar day or portion thereof for each worker paid (either by
CONTRACTOR or any of its subcontractors) less than the prevailing
wage rate established for that particular craft or type of work.
12. CALIFORNIA EIGHT -HOUR LAW
California Labor Code, Article 3, Chapter 1, Part 7 (§ 1810 et
seq.) shall apply to the performance of this Agreement; thereunder,
not more than eight (8) hours shall constitute one day's work and
CONTRACTOR and each subcontractor employed by it hereunder, shall
not require more than eight (8) hours of labor per day or forty
hours per week from any one person employed by it hereunder, except
as stipulated in California Labor Code § 1815. CONTRACTOR and each
subcontractor employed by it hereunder shall, in accordance with
California Labor Code § 1812, keep an accurate record, open to
inspection at all reasonable hours, showing the name and actual
hours worked each calendar day and each calendar week by each worker
employed in connection with the PROJECT.
13. CALIFORNIA EIGHT -HOUR LAW - PENALTY
Pursuant to Section 13 of this Agreement and in accordance with
California Labor Code § 1813, CONTRACTOR shall, as a penalty to
CITY, forfeit Twenty -Five Dollars ($25.00) for each worker employed
hereunder by CONTRACTOR or any subcontractor for each calendar day
-7-
during which such worker is required or permitted to work more than
eight (8) hours in any one (1) calendar day or forty (40) hours in
any one (1) calendar week in violation of California Labor Code
1815.
14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
Section 1773.8 of the California Labor Code, regarding the
payment of travel and subsistence payments, is applicable to this
PROJECT.
15. EMPLOYMENT OF APPRENTICES
Section 1777.5 of the California Labor Code, regarding the
employment of apprentices, is applicable to this PROJECT.
16. PAYROLL RECORDS
CONTRACTOR agrees to keep accurate payroll records showing the
name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice or worker employed by
it in connection with the PROJECT and agrees to require each of its
subcontractors to do the same. CONTRACTOR further agrees that its
payroll records and those of its subcontractors, if any, shall be
available at all reasonable times to the CITY, the employee or his
representative, and the Division of Labor Standards Enforcement and
the Division of Apprenticeship Standards, and to comply with all of
the provisions of California Labor Code S 1776, in general.
17. 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
MM
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.
18. 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 working/calendar days as set forth
in Section 4 herein, damage will be sustained by CITY; and that it
is, and would be, impractical and extremely difficult to ascertain
and determine the actual damage which CITY would sustain in the
event of and by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a
penalty, the sum of Three Hundred Dollars ($300.00) per day for each
and every working day's delay in completing the work in excess of
the number of working/calendar days set forth in Section 4 herein,
which sum represents a reasonable endeavor by the parties hereto to
estimate a fair compensation for the foreseeable losses CITY would
sustain in the event of and by reason of such delay; and CONTRACTOR
agrees to pay said damages herein provided, and further agrees that
CITY may deduct the amount thereof from any monies due or that may
become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be
assessed damages for any portion of the delay in completion of the
work due to 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
responsible, or by the combined action of the workers, in no way
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.
55112
19. DIFFERING SITE CONDITIONS
A. Notice: The CONTRACTOR shall promptly, and before
such conditions are disturbed, notify the DPW in writing of:
(1) subsurface or latent physical conditions at the
job site differing materially from those indicated in this Agreement
or the Contract Documents; or,
(2) unknown physical conditions at the job site, of
an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent to work of the
character to be performed under this Agreement. The DPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and cause an increase or decrease
in the time required for performance of any part of the work under
this Agreement, whether or not changed as a result of such
conditions, an equitable adjustment shall be made and the Agreement
modified in writing accordingly;
B. 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.
20. 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
-11-
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.
21. 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
-12-
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.
22. W_ITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain
beneficial ownership and receive interest, if any thereon, CITY
shall permit the substitution and deposit therewith of securities
equivalent to the amount of any monies withheld by CITY to ensure
performance under Section 22 of this Agreement.
23. 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.
24. WAGE RATE
The contractor further agrees to comply with the wage rate
-13-
n
portion of the equipment rental rates and general prevailing wage
rates, current edition, of the California State Department of
Transportation. The statement of prevailing wages appearing in the
equipment rental rates and general prevailing wage rates is hereby
specifically referred to and by this reference is made a part of
this contract. It is further expressly agreed by and between the
parties hereto that should there be any conflict between the terms
of this instrument and the bid proposal of said contractor, then
this instrument shall control and nothing herein shall be considered
as an acceptance of the said terms of said proposal conflicting
herewith.
25. STATE CONTRACT ACT
The improvements contemplated in the performance of this
contract is a Hazardous Elimination Safety Project over which the
State of California shall exercise general supervision; and, the
State of California shall have the right to assume full and direct
control over this contract whenever the State of California, at its
sole discretion, shall determine that its responsibility to the
United States so requires. In such cases, the State Contract Act
will govern.
26. 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.
27. INDEMNIFICATION_, DEFENSE, -HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold
and save harmless CITY, its officers, and employees against any and
-14-
all liability, claims, judgments, costs and demands, however caused,
including those resulting from death or injury to CONTRACTOR'S
employees and damage to CONTRACTOR'S property, arising directly or
indirectly out of the obligations or operations herein undertaken by
CONTRACTOR, including those arising from the passive concurrent
negligence of CITY, but save and except those which arise out of the
active concurrent negligence, sole negligence, or the sole willful
misconduct of CITY. CONTRACTOR will conduct all defense at its sole
cost and expense. CITY shall be reimbursed by CONTRACTOR for all
costs or attorney's fees incurred by CITY in enforcing this
obligation.
28. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code S 1861, CONTRACTOR
acknowledges awareness of § 3700 et seq. of said code, which
requires every employer to be insured against liability for workers'
compensation; CONTRACTOR covenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain Workers' Compensation Insurance in an
amount of not less than One Hundred Thousand Dollars ($100,000)
bodily injury by accident, each occurrence, One Hundred Thousand
Dollars ($100,000) bodily injury by disease, each employee, Two
Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
policy limit.
CONTRACTOR shall require all subcontractors to provide such
Workers' Compensation Insurance for all of the subcontractors'
employees. CONTRACTOR shall furnish to CITY a certificate of waiver
of subrogation under the terms of the Workers' Compensation
-15-
Insurance and CONTRACTOR shall similarly require all subcontractors
to waive subrogation.
29. 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 policies shall name the CITY and its
officers, agents and employees, and all public agencies as
determined by the CITY as Additional Insureds. CONTRACTOR shall
subscribe for and maintain said insurance in full force and effect
during the life of this Agreement, in 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
aggregate limit, such limit shall be no less than One Million
Dollars ($1,000,000). In the event of aggregate coverage,
CONTRACTOR shall immediately notify CITY of any known depletion of
aggregate limits. CONTRACTOR shall require its insurer to waive its
subrogation rights against CITY and agrees to provide certificates
evidence.
-16-
30. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject
to approval of the City Attorney evidencing the foregoing insurance
coverages as required by Sections 28 and 29 herein; said
certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently in
force and shall promise to provide that such policies will not be
cancelled or modified 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 coverages
shall not derogate from the provisions for indemnification of CITY
by CONTRACTOR under Section 27 of this Agreement. CITY or its
representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. CONTRACTOR
shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
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.
31. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder
with diligence, or fails to complete the work within the time
specified, or is adjudged a bankrupt or makes an assignment for the
-17-
benefit of creditors or becomes insolvent, or violates any provision
of this Agreement or the Contract Documents, CITY may give notice in
writing of its intention to terminate this Agreement. Unless the
violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice
to any other remedy it may have, terminate this Agreement upon the
expiration of that time. Upon such default by CONTRACTOR, CITY may
elect not to terminate this Agreement; in such event CITY may make
good the deficiency in which the default consists and deduct the
resulting costs from the progress payments then or to become due to
CONTRACTOR.
32. 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.
33. 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.
34. 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 § 1090 et
seq.
-18-
35. NOTICES
Any notices or special instructions required to be given in
writing under this Agreement shall be given either by personal
delivery to CONTRACTOR'S agent (as designated in Section 1
hereinabove) or to CITY'S Director of Public Works, as the situation
shall warrant, or by enclosing the same in a sealed envelope,
postage prepaid, and depositing the same in the United States Postal
Service, addressed as follows:
TO CITY:
Louis F. Sandoval
Director of Public Works
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
36. CAPTIONS
TO CONTRACTOR: ,
Charles W. Degarmo
Coast Landscape Construction,
Inc.
23011 Moulton Parkway, #E-4
Laguna Hills, CA 92653
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.
37. FEDERAL PARTICIPATION
The PROJECT pursuant to which the work covered by this Agreement
is being executed is being assisted by the United States of America,
and the Contract Provisions embodied in Sections 37-44 are included
in this Agreement in accordance with the provisions applicable to
such federal assistance. As federal funds are financing all or part
of this work, all of the statutes, rules and regulations promulgated
by the Federal government and applicable to the work will apply, and
CONTRACTOR agrees to comply therewith.
5-V]a
{ V
38. DAVIS-BACON ACT
CONTRACTOR agrees to pay and require all subcontractors to pay
all employees on said PROJECT a salary or wage at least equal to the
prevailing rate of per diem wage as determined by the Secretary of
Labor in accordance with the Davis -Bacon Act for each craft or type
of worker needed to perform this Agreement. CONTRACTOR agrees to
comply with all applicable federal labor standards provisions; said
provisions are incorporated herein by this reference.
39. DISCRIMINATION, MINORITIES, ALIENS
CONTRACTOR shall not discriminate nor allow its employees,
agents, principals, or subcontractors to discriminate against any
employee or applicant for employment on the basis of race, religious
creed, national origin or sex. CONTRACTOR shall take affirmative
steps to hire local qualified minority individuals when job
opportunities occur and utilize local business firms when possible.
40. EQUAL EMPLOYMENT OPPORTUNITY
The CONTRACTOR will comply with all provisions of Executive
Order 112.46_, entitled "Equal Employment Opportunity," and amended by
Executive Order 11375, and as supplemented in Department of Labor
regulations (41 CFR Part 60).
CONTRACTOR is required to have an affirmative action plan which
declares that it does not discriminate on the basis of race, color,
religion, creed, national origin, sex or age to ensure equality of
opportunity in all aspects of employment. Section 503 of the
Rehabilitation Act of 1973 prohibits job discrimination because of
handicap and requires affirmative action to employ and advance in
employment qualified handicapped workers.
-20-
Section 402 of the Vietnam Era Veterans' Readjustment Assistance
Act of 1974 prohibits job discrimination and requires affirmative
action to comply and advance in employment (1) qualified Vietnam
veterans during the first four (4) years after their discharge and
(2) qualified disabled veterans throughout their working life if
they have a thirty percent (30%) or more disability.
To assure compliance with these requirements, the CONTRACTOR
shall provide the CITY its written affirmative action plan prior to
commencement of work. The CONTRACTOR is required to provide the
CITY with a listing of its subcontractors together with a completed
affirmative action program from each subcontractor when applicable.
41. COPELAND "ANTI -KICKBACK" ACT
CONTRACTOR and its subcontractors shall comply with the
provisions of the Copeland "Anti --Kickback" Act, as supplemented in
Department of Labor regulations, which Act provides that each shall
be prohibited from inducing, by any means, any person employed in
the construction, completion, or repair of public work, to give up
any part of the compensation to which he is otherwise entitled.
42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The CONTRACTOR shall comply with the provisions of Sections 103
and 107 of the Contract Work Hours and Safety Standards Act (40 USC
327-330) as supplemented by Department of Labor regulations (29 CFR,
Part 5). Under Section 103 of the Act, each CONTRACTOR shall be
required to compute the wages of every mechanic and laborer on the
basis of a standard workday of eight (8) hours and standard work
week of forty (40) hours. Work in excess of the standard workday or
workweek is permissible provided that the worker is compensated at a
-21-
rate of not less than 1-1/2 times the basic rate of pay for all
hours worked in excess of eight (8) hours in any calendar day or
forty (40) hours in the workweek. Section 107 of the Act is
applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his
health and safety as determined under construction, safety and
health standards promulgated by the Secretary of Labor. These
requirements do not apply to the purchase of supplies or materials
or articles ordinarily available on the open market or contracts for
transportation.
43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION
CONTROL ACT
A. CONTRACTOR stipulates that all facilities to be
utilized in the performance of this Agreement were not listed, on
the date of Contract award, on the United States Environmental
Protection Agency (EPA) List of Violating Facilities, pursuant to 40
C.F.R. 15.20.
B. The CONTRACTOR agrees to comply with all of the
requirements of Section 114 of the Clean Air Act and Section 308 of
the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
C. The CONTRACTOR shall promptly notify the CITY of the
receipt of any communication from the Director, Office of Federal
Activities, EPA, indicating that a facility to be utilized pursuant
to this Agreement is under consideration to be listed on the EPA
List of Violating Facilities.
-22-
r
D. The CONTRACTOR agrees to include or cause to be
included the requirements of paragraph (a) through (d) of this
section in every non --exempt subcontract, and further agrees to take
such action as the Government may direct as a means of enforcing
such requirements.
44. ENERGY CONSERVATION
Agreements with federal participation shall recognize mandatory
standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (P.L. 94-163).
45. 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: CI OF HUNTINGTON BEACH,
COAST LANDSCAPE CONSTRUCTION, INC. Muni 'pal Corp ration of
1, the Sta a of Cal6fornia
May
Its: f� ��A
By:
Its.
ATTEST:
City Clerk
APPROVED:REVIEWSD AND
APPROVED AS TO FORM:
LL
yi�tryl . �A-ta-tor
n a
9- ay
INITIATEr NPR ED:
Director of Public Works
-24-
REQUEST FOR CITY COUNCIL ACTION
Date September 3, 1991
Submitted to:
Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrato
Prepared by: Ronald Hagan, Director of Community Sery es FAPPIROVED SY CITY COUNCIL
�� ouis F. Sandoval, Director of Public Works
Subject:MARCUS MC CALLEN PARK, PHASE 2; C —789
4c — -- -
CITY CT-!',Rr_
Consistent with Council Policy? [ kYes [ j New Policy or Exception +�
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Bids for the Marcus McCallen Park, Phase 2, were received and opened on August 13, 1991.
RECOMMENDATIONS:
I. Approve the low bid submitted by Coast Landscape Construction, Inc.
2. Authorize the Director of Public Works to expend $473,372.16 to cover contract
costs of $427,611.16, estimated construction change orders of $42,761 and anticipated
incidental expenditures of $3,000.
ANALYSIS:
On July 15, 1991, Council approved the plans and specifications for the construction of the
Marcus McCallen Park, Phase 2 and authorized the Director of Public Works to solicit bids
for construction. Bids, as summarized below, were received and opened on August 13,
1991.
Base Bid
Contractor Base Bid Alt #1 Plus Alt # 1
1. Coast Landscape
$427,011.17
$ 600.00
$427,611.16
2. Micon Engineering
462,774.22*
-1,680.00
464,454.22*
3. Valley Crest Landscape
471,950.00*
1,050.00
473,000.00*
4. Marina Contractors
487,186.00*
10,000.00
497,186.00
5. Bo Park Enterprises
487,333.35
1,000.00
488,333.35
6. Kato Landscaping
489,241.70*
750.00
489,991.70*
7. Superb Contractors
496,091.70*
1,000.00
497,091.70*
8. Artistic Landscape
496,452.55*
1,250.00
497,702.55*
9. Gillespie Construction
497,157.55
1,000.00
498,157.55
J
PIO 5/B5
Marcus Mc Callen Park, Phase 2; CC-789
September 3, 1991
Page 2
Base Bid
Contractor Base Bid Alt #1 Plus Alt # 1
10.
Neff Contracting
498,409.00
350.00
498,759.00
11.
DTEC Construction
505,907.55*
1,600.00
507,507.55*
12.
Hondo Company
510,010.40
1,500.00
511,510.40
13.
Premier Engineering
526,197.48*
1,312.50
527,439.98
14.
Terra -Cal Construction
531,541.85*
500.00
532,041.85
15.
Taylor -Shafer, Inc.
532,125.90*
2,000.00
534,125.90
16.
Soar Corporation
538,299.50*
1,000.00
539,299.50*
17.
MJS Construciton
544,000.00
5,000.00
549,000.00
18.
J.K. Palmer Construction
553,408.25*
584.50*
533,992.75*
19.
Multi Construction
553,615.06*
4,130.00
557,745.06*
* Audit total (i.e. the actual
total of bid after correction of math
errors.)
Alternate #1 includes an allowance for unsuitable material.
FUNDING SOURCE:
Contract Costs $427,611.16
Construction Contingencies: 42,761.00**
Incidentals (i.e. soils testing, utility costs, etc.) 3.000.00***
Total $476,372.16
Engineer's Estimate: $549,580.00
** The Director of Public Works is authorized, by Resolution, to spend up to 10% of the
contract amount, but not more than $50,000.00, on anticipated change orders (i.e.
unforeseen work etc.)
*** The project budget includes sufficient revenues to cover construction costs,
anticipated change orders, and project incidentals; however, staff is not authorized
to encumber funds for incidentals without Council approval. Therefore, it is
recommended that $3,000.00 be encumbered for project incidentals.
Revenue Sources:
An unencumbered balance of $685,000.00 is available in fiscal account
E-SK-CS-600-6-39-00 (Marcus Mc Callen Park) for these improvements. This
figure includes HUD funding of $167,285 and a State Parks Grant for $135,000.
ALTERNAT E ACTION:
1. Deny award of contract to Coast Landscape and select one of the other bidders.
2. Reject all bids and forego the construction of these improvements.
ATTACHMENT
None
LFS: RH:dw
3029g/5&6
j, t& CITY OF HUNTINGTON BEACH
Z 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 23, 1991
Coast Landscape
23011 Moulton Parkway, Suite E-4
Laguna Hills, CA 92653
RE: Construction of McCallen Park Phase II Improvements
PROJECT CC-789
Enclosed is a copy of the executed contract with the City of Huntington
Beach, a Declaration of Satisfaction of Claims and a Certificate of
Compliance form. The Declaration of Satisfaction of Claims and the
Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE
PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS.
In addition, the following item must also be on file, with this office
before the City can release any retention funds:
A warranty bond guaranteeing the final amount of work and
materials for one year. If your performance bond does not
include specific wording for a one year warranty, then a
rider or separate bond must be submitted.
Should you have any questions or concerns regarding the enclosures or
items that must be on file in this office prior to release of retention
funds, please call Don Noble, Contracts Administrator, 536-5441.
Connie Brockway
City Clerk
CB:bt
Enc: Cash Contract
Declaration of Satisfaction of Claims
Certificate of Compliance
(Telephone: 714.536.5227 )
MG•� 1 �►• y' �}' A ti•' I' M'
The Nationwide Insurance Company indicated below certifies that the insurance afforded by this
policy numbered and described below is in force as the effective date of this certificate. This
Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions of
insurance coverage contained in any policy or policies numbered and described below.
Certificate Holder's Name and Address: Insured's Name and Address. -
City of Huntington Beach COAST' LANDSCAPE CONSTRUCTION, INC.
1000 Main Street 23011 MOULTON PARKWAY, SUITE E-4
Huntington Beach, CA 92648 LAGUNA HILLS, CA. 92653
License #509567
*Insurance in force only for hazards indicated by an "X"
-I
DFSCPJIYTIVS SCHEE[lLS
F
POLICY POLICY
F --- —
I
TYPE OF III
i POLICY MMOM i EVE i ffiLPnWION i LIMITS OF I IABI L TY
I I I I I
I
GENERAL LIABILITY
I I I
I I I
i Limits at Inception*
I I
I
[X]
Premises -Operations
I I I
; i i
I I
:General Aggregate* $2,000,000
[X]
Products -Completed
1174- ; ;
;Products Camp./Ops.
Operations
;PR506406-0001; 9/01/91 ; 9/01/92
;Aggregate* $2,000,000
j[X]
Personal and
I I I
1 I
Advertising Injury
; i i
:Any One Person/Org. $2,000,000
',Each Occurrence �21000,000
[X]
Medical Expense
; ; ;
;Any One Person $ 5,000
[X]
Ir
IL ]
[ ]
Fire Damage Legal
i i i
I 1 I
I ! I
;Any One Fire $ 50,000
I I
I I
AUIOMBILE LIABILITY
Bodily Injury OCCURRENCE;
[X]
Comprehensive Form
1174- i i
i (Each Person) 11
[X]
Owned
:BA506406-0002; 9/01/91 9/01/92
; (Each Accident)
:Property Damage
[X]
[X]
Hired
Non -Owned
i ' ,
a�0V7-T) IS TO FORM: �
p -- _ ,n;� C t� �ttgrney
' (Each Accident '
I } I
;Ccenbined Single
�I ++ngna
EXCESS LIABILITY
I I
i
Ibrella
�[ ]
UmForm
i �3 '�r
:Each Occurrence
I
i
ateJJ I
STATUIORY LIMITS I
:Bodily Injury $1,000,000
[X]
Workers' Compensation
;74
'by Accident Each Accident;
and
;WC506406-0004; 9/01/91 ; 9/01/92
;Bodily Injury $1,000,000
[X]
Employers' Liability
; i
'by Disease Policy Limit
'Bodily Injury $1,000,000
Disease Each Employee;
if 1
other
I
Should any of the above described policies be cancelled before the expiration date thereof, the
insurance company will mail 30 days written notice (10 days in case of nonpayment of premium) to
the certificate holder.
Description of Operations/Locations ,T��-
_�
Vehicles/Restrictions/Special Items Keltie T. McCloskey
RE: McCallen Park, Phase II NATIONWIDE MUTUAL III$tmANCE CEMPANY
Huntington Beach, California 601 Gateway Boulevard, Suite 740
Date Certificate Issued: 09/11/91 South San Francisco, CA 94080
Countersigned at: S. San Francisco, CA (415) 266-8000
POLICY NUMBER: 74 PR506406-0001 COMMERCIAL GENERAL LIABILITY
NAMED INSURED: COAST LANDSCAPE CONSTRUCTION, INC.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: City of Huntington Beach
its officers, agents & employees
7000 Main Street
Huntington Beach, CA 92648
WHO IS AN INSURED (Section II) is amended to include as an insured the
Persons or Organizations in the Schedule, but this insurnce with respect
to such Persons or Organizations are held liable for your acts or omissions
arising out of and in the course of operations performed for such Persons
or Organizations by you or your subcontractor.
NAME AND ADDRESS OF INSURED:
COAST LANDSCAPE CONSTRUCTION, INC.
23011 MOULTON PARKWAY, SUITE E-4
LAGUNA HILLS, CA. 92653
CAS-4190
POLICY NUMBER: 74BA 506406-0002 COMMERCIAL AUTOMOBILE
THIS ENUORSMCNT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
Name of Person or Organization: City of Huntington Beach
7000 Main Street
Huntington Beach, CA 92648
WHO IS AN INSURED (Section II) is amended to include as an insured the
Person or Organization shown in the Schedule, but this insurance with
respect to such Persons or Organizations only applies with respect to acts
or omissions of the named insured arising out of and in the course of
operations performed for such Person or Organization by the Named Insured
or any subcontractor thereof.
The Insurance Company will mail or deliver to the Additional Insured shown
in the Schedule, 30 days written notice of company cancellation or non -
renewal of this policy.
INSURED:
Coast Landscape Construction, Inc.
23011 Moulton Parkway, Suite E4
Laguna Hills, CA 92653
{Ed 4.64:
WC 44 03 06 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT---CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception oate of ire policy finless a
different date is indicated below.
(The followln j "attaching clauss" need be completed only wnen this endorsement is issued SJOW;iUarlt 10 preparaGpn Of the 00licy.)
This endorsement, effective or. 09/11/91 (Dare! at 12:41 A.M. standard time, form% a part of
Policy No. 74WC506406-0004
of the [Nationwide Mutual Insurance Cornpany
issuedty Coast Landscape Construction, Inc.
Premium (if any) $
Endorsement No,
ihAIME flY 1HgJUNCE COMpx„•)
f'tC
AutharL=ed Representative
We have the right to recover our payments frorn anyone liable for an injury covered by this policy. We will not enforce our
tight against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.]
You must maintain payrolt records accurately segregatingthe remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shfall be % of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Person or Crganizatico
City of Huntington Beach
Z000 Main Street
Huntington Beach, CA 92649
010 "4
Job n$$scriptipn
McCailen Park phase II
Huntington Beach, California
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGES
Policy Change
Number
!POLICY NUMBER I POLICY CHANGES I COMPANY
I
EFFECTIVE : NATIONWIDE INSURANCE CO. :
:74PR506406-0001 ; 09/11/91 ; S. SAN FRANCISCO, CA
I I I I
:NAMED INSURED I AUTHORIZED REPRESENTATIVE :
:COAST LANDSCAPE CONSTRUCTION, INC. K. MC CLOSKEY 2410/CA
:23011 MOULTON PARKWAY, SUITE G10
:LAGUNA HILLS, CA. 92653
COVERAGE PARTS AFFECTED
:GENERAL LIABILITY
:AUTOMOBILE LIABILITY
:WORKERS' COMPENSATION
I
CHANGES
Y
I
I
I
I
I
IT IS AGREED TO ADD ADDITIONAL INSURED PER ATTACHED Cas. 4190. AS
:RESPECTS AUTOMOBILE LIABILITY: IT IS AGREED TO ADD ADDITIONAL INSURED
PER ATTACHED MANUSCRIPTED ENDORSEMENT. AS RESPECTS WORKERS'
!COMPENSATION: WAIVER OF SUBROGATION ENDORSEMENTS IS ATTACHED.
!
,GL-XE-3 INCLUDED AT INCEPTION.
! I
k I
i I
I I
1
I j
� I
I
I I
I I
KELTIE MCCLOSKEY 415-266-8000
Au horized Representative S ilqn ture
IL1201 11 85
RECEIVED
CITY CLERK
CITY CF
HUNTING irN "I A L I F.
AUG 1 2 ol PH II
16, ild 00
Nld'ij 'kill
03A1333�
Opp
DATE: Tuesday, August 13, 1991 2 p.m. I have received bid bonds for project CC-789
on behalf of the Treasurer's Off
ENGINEER'S ESTIMATE: _$ 549,580 PRDJECr ENGINEER Randy Huttenberger
JOB AND CC NUMBER: McCallen Park, Phase II
BIDDERS NAME
RANK
TOTAL BID AMOUNT
1.
AKA-TANI
$
2.
Allco Construction
$
3.
Allied Sprinkler
$
4.
Artistic Landscape®
$
`� �S + 57
5.
B and D Contractors
$
5,
Bo Park Engerprises
®
$
�2
7.
C B R Engineering
$
B.
Carlson's Landscape
$
9.
Clayton Engineering
�$
i
10. Coast Site Development I-2-7 O !(09
i
I
11. CraneVeyor Corporation $
i
12. Damon Construction $
13. Empire Grading, Incorporated $
'Marcus McCallen Park - Phase II (con't)
Page 2.
14.
Environments West
IS.
.G C I Engineering
16.
Gilles ie Construction
`7" [ 8
[ -7.
17.
Golden West Electronic and Sound
18.
Hale Construction
19.
Hondo
20.
I P S Service
21.
J. K. Palmer Construction
�S 3
(� Z • !co
22.
Kato Landscape
4-09
9 4-� O
23.
Keith Vint Associates
24.
Lambaren Construction
25.
Li d Flow Engineering
26.
M C R Landsca
27.
M J S Construction
175
5-q4
oc>o • ov
28.
Marina Contractors
�J
%.
(P aG
29.
Micon Engineering
OD 3 • g
30.
Multi. Construction
5.5[
-702
31.
Natural Structures
32.
Neff Contrac4n
4:1 8
4C9 • v O
33.
Ctec Construction 22E2any
SOS
Opp
34.
The Patterson Compaa
35.
Plantica Landsca
36.
Plaza Landscajn
37.
Premier En ineerin
C13
J Z4,
< 9 7• %3
38.
Quick Landsca
39:
Ryco Construction
40.
S and M Landscape
41. Soar
42. Solid Construction, Inc. l
:w
Marcus McCallen Park - Phase II (con't) Page 3.
43.
su herb construction
44.
Taylor -Shafer, Inco rated
542
4j3-T O
45.
Terra -Cal Construction
LJ3Z
, C-144 ` g-5-
46.
Valley Crest. Landscape
71
50, Oo
47.
The Wakefield 2LvEany
48.
Wakeham-Baker
\• .
s, 1
Any correspundence in relation to this
bond should he directed w:
Wausau Insurance Companies
Surety Underwriting
2000 Westwood Drive
Wausau. Wisconsin 14401
Bin OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That We, COAST LANDSCAPE CONSTRUCTION, INC.
(hereinafter called the principal), as pflnclpal. anti EMPLOYERS INSL;RA.NCE OF WAUSAU, A MUTUAL COMPANY
a corporation organized and doing business under and by virtue or the laws of the State of Wisconsin , and duly licensed fur
the purpose of making, guanimeeing or becoming sole surety upon bonds or undertakings required or ruthorized by the laws of the
State of California
as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH
(hereinafter called the Obligee)
in the just and full sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT BID----------_-------------------------
Dollars ---------) lawful money of the United States of America. for the payment of which, well and truly to be
.fade, we hereby bind ourselves and our heirs, executors, administrators and each of our successors and assigns, jointly and
-everaily, firmly by these presents.
'HE CONDITION OF THIS OBLIGATION IS SUCH THAT. WHEREAS. the above bounden principal as aforesaid. is about to
and in and submit to the obligee a bid or proposal for the
MCCALLEN PARK IMPROVEMENTS
JOB NO. CC-789
accordance with the plans end specifications filed in the office of the obligee and under the notice inviting proposals therefor.
W, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the
-icipal thereupon by the said obligee. and said principal shall enter into a contract and bond for the completion of said work as
sired by law, then this obli ftatiun to be null and void, otherwise to be and remain in full force and effect.
VITNES5 WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 13TH
'f AUGUST
19 g1.
COAST LAQSCAPE COh UCTION INC.
\,Vj
�ncip4l (Scull
By _.
EMPLOYERS INSURANCE OF WAUSAu, A MUTUAL CO�LpANY
5ur�ty 15c�t}
BY f
G. R Anorncy-in-1771
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2
EMPUDYERS INSURANCE OF WAUSAU A Mutual Company
POWER OF ATTORNEY
(FOR BID BONDS ONLY)
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A .Mutual Company. a corporation duly organized and existing under
the laws of the State of Wisconsin, and having its principal office in the City of Wausau. County of :Marathon. State of
Wisconsin. has made, constituted and appointed, and does by these presents make• constitute and appoint
PAUL G. RUSCH
its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name. place and stead, to execute.
seal, acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEI DOCL;MENTS (,INVOLVING BtD GUARAN-
TEES ORINTHE NATURE THEREAFTER ___________________________________________„
and -to bind the corporation thereby as fully and to the same extent as if such bonds were sinned by the President, sealed with
the corporate seal of the corporation and duty attested by its secretary hereby ratifying and confirming all that the said
attorney -in -fact may do in the premises.
This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
meeting duly called and held on the lSth day of May, 1973, which resolution is still in effect:
"RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF
WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying
the attornev named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
Mutual Company bonds, undertakings and all contracts of suretyship: and that any secretary or assistant secretary be.
and that each or any of theta hereby is. authorized to attest the execution of any such power of attorney. and to attach
thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:'
"F'L1RTH ER RFSOL.V FD, thatthe signaturesnf such officer-t and the seat of EMPLOYERS INSURANCE OF WAUSAU
A .'Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall he valid and binding
upon the F%IPLOYERS INSURANCE OF WAUSAU A .Mutual Company when so affixed and in the Future with respect
to any hand, undertaking or contract of suretyship to which it is attached:'
IN WITN F.SS WHF.RFOF. FMPL OYF.RS INSURAYCE OF WAUSAU A Mutual Company has caused these presents to he
+icned he the senior vice president and attested by its assistant secretary, and its corporate Beal to be hereto affixed this I I;T day
of - - OCTOBER - - - . l9117L.
EMPLOYERS INSURANCE OF WAUSA[; A Mutual, Company
R. C. Retterath
Attest:
R. J. Resteman Assistant Secretary
STATE OF WISCONSIN s
l ss-
COUNTY OF MARATHON 1
Senior Vice President
On this IST d'av ail OCTOBER 19_$� , before me personally came
R. C. Ruttermt% to me known. who being by me duly sworn, did depose
and .a} that he a, a+cnior vice president of the F %1 PLOY ERti INSU RANC E OF WAUSAU A Mutual Company. the corporation described in
:and u hich Lxeculed the ahovc in+trumcni: that he knows the wal of %aid corporation: that the seal allixcd to said instrument is such corporate
wal ;and inai it was o All.[ed by order of the Roard ill Directors ofsaid corporation and that he signed his name thereto by like order.
IN WITNF." WHFREOF. I have hereunto+ct me hand and affixed my ntlicial seal thedav and near herein first shove written.
Patricia A. Kleman Notary Public
NOTARY PLtBLIC =
STA,rE OF WISCONSIN
MY COMMISSION EXPIRES JUNE :. 19%) :.,, ;d
STATF: OF WISCONSIN ! CERTIFICATE
CITY OF WAUSAU , vs.
CO CNITY OF' MARATHON s
I. the undvr.ignrd. assistant serretory or EMPL OYF RS INSURAti('F: OF WAL;SAC' A Mutual Company. a Wisconsin
otirpim,i tinn, rlra hvreh_v certify that the fnregnirig and aaa cht-d pow-erw o ttornry. WHICH Ml LAST CONTA IN A VALIDAT.
ING STATF:�1FNT PRINTFD 1N THE MARGIN THEREOF' IN RFD INK, remains in full (force and has not been
reva,kvdi anri furthermore that the resolutinn ref the• Hoard of 0irvr1l,r.s,,ct forth in the power of atvirnev i, :till in Force.
Signed and sealed in the City of Wausau. Marathon Cr•unty. State of Wisconsin. this 131H day
of _ AUGUST
{\�EALr R
Besteman
Assistant Secretary
n;(t'I'F:- IF_ S'til' HAVE A`N' t UEST1OlNS HF:(;AHI)Iti(; THE VALIDITY ()R W(tltllltiO; (IF' THIS POWER OF
A'I7t!HtiF:Y-O'.11.l.Tnl.l.F'HF:F:r?trN!1x�h-lhr;[ �ltiL6'INl'fititif\.('Al.l.f+i¢rl,-'.,!u-ll
V IC_-e)I? a A.,
�f
BOND# 7—B
PREMIUM —NIL
17
MCA Insurance Company
484 Central Avenue
BID BOND
Newark, NJ 07107
(ALA A310)
KNOW ALL MEN BY THESE PRESENTS that MULTI —CONSTRUCTION
as Principal,
and MCA INSURANCE COMPANY, an Oklahoma corporation, as Surety, are held and firmly bound unto
CITY OP HUNTINGTON BEACH, DEPARTMENT OF PUBLIC WORKS as Obligee, in the sum of
TEN PERCENT OF AMOUNT BID Dollars
_\ ($ 10% ), for the payment of which sum, well and truly to be made, the Principal and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS the Principal has submitted a bid for MCCALLEN PARK PHASE 2
BID NO. CC-789
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified
in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure
of the Principal to enter into such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the
difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for
which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed, sealed and dated AUGUST 12., 1991
631 ergo
.MULTI —CONSTRUCTION
by
MCA INSURANCE COMPANY
by
DAVID L. CULBERTSON AttomeyinFact
TMCA Insurance Company POWER OF ATTORNEY
484 Central Avenue
Newark, NJ 07107 No. 0 4 B4 2 0
KNOW ALL MEN BY THESE PRESENTS that MCA Insurance Company, an Oklahoma corporation
authorized to engage in business as a surety, does hereby appoint David L. Culbertson, Linda
L. Culbertson, Diana Laskowski, Charles L. Flake, Karen Chandler,
and Deborah A. Hill of Anaheim, California its true and lawful Attorneys) -in -Fact,
to execute on its behalf any and all bonds and undertakings not in excess of Two Million Five Hundred
Thousand Dollars ($2,500,000) and consents for the release of retained percentages and/or final estimates and
to bind the Company thereby,
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority
of a Resolution adopted by the Board of Directors of MCA Insurance Company at a meeting caned and held on
the 13th day of July, 1987, of which the following is a true transcript:
"RESOLVED, that the Chairman of the Board, the President, any Executive Vice President or Senior Vice
President or Vice President - Surety be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act
for and on behalf of the Company to execute bonds. undertakings, recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the
transaction of its surety business;
'RESOLVED, that the signatures and attestations 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 facsimile, and any such Power of Attorney or
certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company when so
affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in
the nature thereof;
'RESOLVED, that any such Attorney -in -Pact delivering a secretarial certification that the foregoing resolutions still
be in effect may insert in such certification [he date thereof, said date to be not later than the date of delivery
thereof by such Attorney -in -Fact,
IN WITNESS WHEREOF MCA Insurance Company has caused these presents to be signed by one of its
officers, and its corporate seal to be hereunto affixed this 27th day of June, 1990.
MCA INSURANCE COMPANY
J`o.s an; fr {+
?; S E� G
a.• ,�:� •o by ..
•.44 �„Q,.� 1 Soren N. S. Laursen, Vice President - Surety
State of New Jersey:
County of Bergen: - -...
On this 27th day of June , 19 90, before me came Soren N. S. Laursen, to me personally known, anti,
being by me duly sworn, said that he is Vice President - Surety of MCA Insurance Company, that the -seal
affixed to said instrument is the corporate seal of said corporation; that the corporate seal and his signature
were duly affixed by order of the Board of Directors of said corporation.
7.
• ��7w0� Eva Frie man, Notary Public of New Jersey --
.? My Commission expires Sept. 25,'1994
CERTIFICATE
I, Doris Greeley, Secretary of MCA Insurance Company, do hereby certify that the foregoing Resolution
adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, &C .—
true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. _.
IN WITNESS WHEREOF I have hereunto set my hand affixed the facsimile seal of the corporation.
this12TH day of AUGUST , 19 91
�Frtt;f
J.'Mvttt,
q i D -
s22 8/90 "Z_ `SEAL 3 Secretary
. tl71 '0
ry•. w
BBSU #508 49 65
-PREMIUM INCLUDED
HARTFORD FIRE -INSURANCE COMPANY
Hartford Plana
Hartford, Connecticut 06113
BID BOND
1<\`7\t. ALL \ICN U%* "f HL5E. PRLSEINTS:
Ih�t JK-PALMER CONSTRUCTION CORPORATION
810 W LOS VALLECITOS BOULEVARD, SUITE B
SAN MARCOS CA 92069
-— _--------
(hercInafcL•c ;l) tr called tPrirtcip., as Principal ,and (he HARTFORD FIRE INSURANCE COMPANY
a corpor.mion created and CXiStinl; urldr_r the laws of (he State of connccticat. u'i;h its princlpaoffice' In till CIEv o•` ! 1.0 t-
focd, Conncct;cu: d-IC Sur(ly). as S,ssel�, are held and ftirn,4. baL;nd unto
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH CA 92648
(hereinafter ra!!cd the Obiif;cc.), in the full and just suns of
TEN PERCENT OF AMOUNT BID ------------------------------------- 10% OF BID
----------------------.�_.._.._.--------•----------•----------.,__.._.__..-v-_�_ 1L' Dollars fC------------
good .l:ad lakk flli money of :he United States o` America, to the pay nlcni of which sure of money xvcll and trtrl%, to lJC I;l:nrC-
Lhe s:."K! 1,611crpa! ;r.d Surc_ty blud ;11Q4R5CI4'C5, tilC4r ;%nd CaCh of their imrs, (!XCCClorS, ad r4atnalr.SlOrS. 54lfCt-`sors .Ind
assigns, )oindy and scvcrady, 5rr,ily by these present_.
\\'HE-Rf-_1S. the Prineipa� herein is submitting a proposal for—
McCALLEN PARK PHASE 2 IMPROVEMENTS
CC - 789
NOW. f HLR if the bid or prnpos:ll of s.4id Principal shrill be accepted. and the roe;tract far sl,rh "'url,. hf
aw.trded to the Principal thereupon by the said Obligee. and said Principal shall enter into a contract for the cf mpletirm.
of s;id trori and furnish bonds as rcgsrircd b%- law. then this obligation shall be null and Fold. othefw:" to rciimin in furl
force and effect.
IN \lOti)i' Lh(: Prin6p;sf :and 513-iny linve caused tI)CSC pr£scnt; to be deli. s;tincd, 5c.);vd :1116
13TH AUGUST 91
d,as tcd thi.—W_ _.__. ____- _. _ ______— day of
11"1ncs5: JKy-PALMER CONSTRUCTION CORPORATIO)I.51:.ai.)
-_..v.4_•(I ui iocvil��.,i, Olt r;it.q)
A ttest
hrrrr�r�:r:l
HARTFORD FIRE INSURANCE COMPANY
INGRID E IKA CROSBY Itlo, rrr.�-rrl-1-a0
I�tnS-AJ%-I ICAIIf.) PrinItdlntJ.S.A. 3-'&7
8