HomeMy WebLinkAboutD.J. CONSTRUCTION - 1993-12-20WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
Huntington Beach, CA - 92648
NOTICE OF COMPLETION
16C ff 94-0593786,
04—OCT-1994 11.22 AM
Recorded in Official Records
of Orange County, California
Lee R. Bran_h, County Recorder
Page 1 of 1 Fees: $ 0.00
Tax: $ 0.00
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of
Huntington Beach, California to D. J. CONSTRUCTION COMPANY who was the company thereon
for doing the following work to -wit:
PRINCE PARK RENOVATION - CC-881
That said work was completed September 6, 1994, by said company according to plans and
specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said
work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting
thereof held on Tuesday, September 6,1994.
That upon said contract Goodman Insurance Company was surety for the bond given by the said
company as required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this 26th day of September, 1994. -
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange } ss:
City of Huntington Beach )
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California, this 26th day of September, 1994
City Clerk and ex-officio Clerk
of the City. Council of the City
of Huntington Beach, California
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DF --
` CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES
Accounting & Records
Subject 10% REIEN TION PAYMENT Date
CC 126 _ 1 L
The conformed copy of the Notice of Completion for the above contract has been filed. The
thirty—five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the 10% retention payment is recommended so long as no stop notices or
outstanding invoices are on file with the City.
6. P
DAN T. N4LLELLA
Director of Finance
I certify that no stop notices are on file on the subject contract at this time.
Date: 1 ��
-one—,�Y 51 Weit
Public Works Director
I certify that no stop notices are on file on the subject contract and that a guaranty bond
has been filed...
_=.-:-•_:-=__�_ ..- Date: � !�f
CONNIE 13ROCKV,
City Clerk
^
F
D
12 MAINTENANCE BOND
INSURANCE
',
1. C. W. PARK P.O. BOX 81063 C1':y �_1.� ;•,E.Y 12$]1$5
SAN DIEGO, CALIFORNIA 92138 n Bond No.
.3,c�
!�:�OW ALL MEN BY THESE FRESENTS: ��`F'�.\--J� PREMIUM INCLUDED IN PERFORMANCE
A 1 - >r 6t0X'ne7BOND
That,
D.J. CONSTRUCTION
as P:1 raft C:,
on-, _ EXPLORER INSURANCE COM_'PANY a co:;c:c::c c:gcn::ed under
.he'.cws of the S:c:e of A R. 12 n end eu:heri:ed m do a surety business .n :he Stare c' CALIFORNIA
.•cs Surety, c:e }eic and firmly beund _n:o the CITY OF HUNTINGTON BEACH
THIRTY THOUSAND EIGHTEEN AND
NO 100THS= •-•• f: 30, 018.00:..., f,:
), law morey
of the Uyi:ed S:_:es of Amer c=. fc: .na payment ci which v= well and .. !y to be rnade, we bin., cu:selves. our heirs. exec -.:tots.
s_ccesse:a and eas..;na. jei.,•!y and seve:c!:y li.-ly =y ,nese F:esants:
SEAE.-ED with our secs and da:eo ...:� JANUARY 21ST, 1994
D.J. CONSTRUCTION
��-}=+-:�.AS, on the .the sei
as ccn'_mc:or, a ::e: ed .nm a con--__. !or
PRINCE PARK CASH CONTRACT NO. 881
THIRTY THOUSAND, EIGHTEEN AND NO/100THS
(i 30 , 018. 00:..... ): and.
WFE:►4AS, under :he ter»s of the specflratlens for said wc:k, the So:" D.J. CONSTRUCTION
--THIRTY THOUSANQ� EIGHTEEN AND NO/100THStt='r is required to give
e word fe
1S 30,01$.00::::::) to protect the
CITY OF HUNTINGTON BEACH crairst the
:as_lt of faulty =te:!a!s cr work-=.s tp for a period of one year frog: and after the date of the cot-p'.etlon and acceptance of se-e,
-e:Y, Lrtl1 A PERIOD OF ON; YEAR AFTER .CITY'S ACCEPTANCE THEREOF.
NOW, THEREFORE, if the aaw D.J. CONSTRUCTION
■hall let a period of one year 1:oa and after the dote
of the completion and acceptance of game by sold_ CITY OF HUNITINGTON BEACH _ -_
ro=:cos cry and all
sfec's Crisinq in sold work whether :esulUnq from dalective-aterie!s er de'.ective wont-anship, the.. the above obligation lobe void:
therwlse to re=c!n in fuH !=cs and e!ect.
EX?
Qxplorer Insurance Comony
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF .ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under
the laws of the State of ARIZONA and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
JAY P - FREEMIM
Its true and lawful AttomeysfsNn-Fact, with full power and authority hereby conferred In its name, place and stead, to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney Is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly tailed and held on the 22nd day of JULY, 198S, which said
Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of
the Company, and either the President or Secretary, the Board of Directors or Executive Comminee may at any time remove such Attorneys4n-
Fact and revoke the Power of Attorney given him or her; and be it further
"RESOLVED: That the Attorney -in -fact may be given full power to execute for and In the name of and on behalf of the Company any and
all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Anornev:r.-
Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seat to be hereunto affixed and these presents to be signed
by its duly authorized officers this 17th day of September, 1986.
EXPLORER INSURANCE COMPANY
`I?- uqS Mq
a
President
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
On this .17th day of Sept 1986 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego,
duly commissioned and qualified, came David E. Rodricks, Jr. , President of EXPLORER INSURANCE COMPANY to
me personally known to be the individual and officer described'in and who executed the preceding instrument, and he acknowledged the execution of
the some. and being by me duly sworn, deposeth and saint. that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed
and subscribed to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above
written, xa%Q.ir5r5rh W
OFFICIAL SEAL
NANCY A. FAIRCHILD
NOTARY PUBL[. • ULIFOIt,IIA
PRINCIPAL
7
OFFICE IN
SAN DIEGO COUNTY
ul Camnission Esp. June 26. 1987
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
6 -L�jfnL-ld- -
Notary Public
1, the undersigned, James W. Austin III, Secretary of the EXPLOREA INSURANCE COMPANY, do hereby
certify that the original POWER OF ATTORNEY, of which the foregoing it a full, true and correct copy, is in full force and effect, and has not been
revoked.
IN WITNESS WHEREOF I have hereu t subscribed my name as Secretary, and affixed the Corporate Seat of the Corporation, this
21ST day of JANUARY 19
EXPLORER INSURANCE COMPANY
L'ell
n\`
:�C•/jCl.��1%� r
�� = ��- •? 1n+ � f Secretary
•
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
Huntington Beach, CA 92648
NOTICE OF COMPLETION
THE ORIGINAL OF THIS 'DOCUMENT
OAS RECOR11F3 ON 04-OCT-19941
DOCUMENT 114UNDER 14-0593786.
LEE A. DRANICH, COUNTY RECORI]ER
ORANGE COUhTi RECORDER'S OFFICE
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of
Huntington Beach, California to D. J. CONSTRUCTION COMPANY who was the company thereon
for doing the following work to -wit:
PRINCE PARK RENOVATION - CC-881
That said work was completed September 6,1994, by said company according to plans and
specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said
work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting
thereof held on Tuesday, September 6, 1994.
That upon said contract Goodman Insurance Company was surety for the bond given by the said
company as required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this 26th day of September, 1994.
City Clerk and ex-officio Cl
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California, this 26th day of September, 1994.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
g:CCV—T1ga
1
REQU FOR CITY COUNCIL A*M�01- "
If
Submitted to: Honorable Mayor and City Council r►rritV vhll 13 Y �'ITY C,,.:.1'NC1J
Submitted by: Michael T. Uberuaga, City Administrator
Prepared by: Ron Hagan, Director of Community Service*�-
4ft Ray Silver, Assistant City Administrator/Acting Director of Public Work~
Subject: Prince Park, CC-881, Notice of Completion
Consistent �Nrith Council Policy? [X] Yes [ ] 1`mv- Policy or Exception
Statement of Issue, Recommended Action, Analysis, Emiromuental Status, Funding Source, Alternative Action, Attachments:
STATEMENT OF ISSUE:
DJ Construction, has completed the construction of Prince Park.
RECOMMENDED ACTION:
Accept the improvements and authorize the City Clerk to file the Notice of Completion.
ANALYSIS:
On December 20, 1993, Council awarded a construction contract to DJ Construction to renovate the existing
park improvements at Prince Park. The construction of these 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 construction of the improvements are summarized as follows:
Contract Amount:
Construction Change Orders:
Supplementals:
TOTAL:
Council Approved
$ 30,018.20
3,001.80
1,000.00
$ 34,020.00
Actual Expenditures
$ 30,018.20
I,360.00 (1)
0.00 (2)
$ 31,378.20
(1) Construction change orders included: PVC aeration pipes for palm trees, extra temporary fencing to
allow access to docks, and steam clean existing concrete to match new concrete.
(2) There were no supplemental expenditures charged against this project.
RCA; CC-881
September 6, 1994
Page two
FUNDING SOURCE:
Staff budgeted $ 34,020.00 for this project in fiscal account no. E-SK-CS-717-6-39-00 (Prince Park
Renovation).
ALTERNATIVE ACTION:
NIA
ATTACHMENTS:
None
MTU:RS:RH:rh
881pjacp.doc
WHEN RECORDED MAIL TO:
e1
CITY OF HUNTINGTON BEACH
Office of the City Clerk �rJ
P. O. Box 190 /
Huntington Beach, CA 92648 �° Q-��-► ���/
z4 Aqi-A-0,� /-Q
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92648, that the contract heretofore aware y e e ounciI of the City of
Huntington Beach, California to D. J. CONSTRUCTION COMPANY who was the company thereon
for doing the follokking work to -wit:
PRINCE PARK RENOVATION - CC-881
That said work was completed September 6,1994, by said company according to plans and
specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said
work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting
thereof held on Tuesday, September 6, 1994.
That upon said contract Goodman Insurance Company was surety for the bond given by the said
company as required by law.
Dated at Huntington Beach, California, this 26th day of September,1994.
City Clerk and ex-officio Clerke
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California, this 26th day of September,1994.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
g:-V15Cp1gs
0
•
CITY OF HUNTINGTON ' BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 9, 1994
Lee A. Branch
County Recorder
P. 0. Box 238
Santa Ana, CA 92702
Dear Sir:
Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City
Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648.
Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope.
Please return the conformed copy - document number, recording date, book and page number.
Sinc rely yours,
Connie Brockway
City Clerk
CB:cc
Enclosures
sxC\n5CPnu
{Telephone: 714-636-5227)
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACHi�'
Office of the City Clerk �✓ ��.�cJ ' q/1(v! 9
R O. Box 190 'V
Huntington Beach, CA 92648p�c
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by -the City Council of the City of
Huntington Beach, California to D. J. CONSTRUCTION COMPANY who was the company thereon
for doing the following work to -wit:
PRINCE PARK RENOVATION — CC-881
That said work was completed September 6, 1994, by said company according to plans and
specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said
work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting
thereof held on Tuesday, September 6,1994.
That upon said contract The Insco/Dico Group Was surety for the bond given by the said company as
required by law.
Dated at Huntington Beach, California, this 9th day of Septembe ,1994.
City Clerk and ex-officio Cler
of the City Council of the Ci
of Huntington Beach, California
STATE OF CALIFORNIA, )
County of Orange ) ss:
City of Huntington Beach }
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California, this 9th day of September, 1994.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
M0 0 0
CONSTRUCTION
14730 Firestone Blvd., Suite 301 • La Mirada, CA 90638 • (714) 670-8812 • FAX (714) 670-8857
R E G E ecraiQD is
Puhl'i& Works A
City of Huntington Beach Sr - 1994
Department of Public Works
P.O.' Box 190 apC�, CA
Huntington Beach, CA 92648 llSGiC 1
Attention:
Subject: Certification of Compliance with
Title VII of Une-Civil- Rights Act -
and Equal &n9loyment Opportunity
Act of 1972
Gentlem0n:
T
The undersicmed, contractor on
hereby certifies -that all laborers, mechanics, apprentices, trainees,
watchmerl and -guards employed by him or.by any subcontractor perform-
ing wor4. under the contract on the project have been paid wages at
rates nc)t less than those required by the contract provisions, and
that thr* work performed by each such laborer, mechanic, apprentice or
trainee conformed to the classifications set forth in the contract or
trainincj program provisions applicable to the wage rate paid.
Signatute and Title VI. _ l
MCD 0 0
CONSTRUCTION
14730 Firestone Blvd., Suite 301 • La Mirada, CA 90638 • (714) 670-8812 • FAX (714) 670-8857
REGE VEo®ts
publt, W
DECLARATION OF SATISFACTION OF CLAIMS SS? 1 r 1994
_
T _ _ 1 -- state: �{1lNTINGTo% BEpZ", CA
► cC' �Gun�
(name of contractor)
1. I am the general contractor for the city of Huntington
Y._-_ -Beach, as to tho-project more fuUy descr, ed. is LC � -
public works contract ent tled
and dated 3 I4/_ q
2. All workers and persons employed, all firms supplying
materials, and all subcontractors for the
above -mentioned project have been paid in full.
3. The following are either disputed claims, or items in
connection with notices to Withhold, which have been
filed under the provisions of the statutes of the State
of California: (if non, state "NONE"')
I declare under alty of perjury that the following is true
and correct.
Ey,etutqd at � on this "C-day of
19
REQUER FOR CITY COUNCIPACTION
Date December 20, 1993
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administra r
Prepared by: Ronald Hagan, Director of Community Services APPROVED BY CITY COUNCIL
60 Louis F. Sandoval, Director of Public Works
Subject:
PRINCE PARK RENOVATION; CC-891 — a O 19-&
Consistent with Council Policy? DQ Yes [ ] New Policy or Except crrvclFx
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 6i�4v
TATEMENT OF
Bids for the Prince Park Renovation were received and opened on November 23, 1993.
I. Approve the low bid submitted by D. J. Construction; and
2. Authorize the Director of Public Works to expend $34,020 to cover contract costs of
$30,019.20, anticipated construction Change Orders of $3,001.80, and supplemental
expenditures of $1,000.
ANALYSTS:
On November 1, 1993, Council approved the plans and specifications for the construction of
the Prince Park and authorized the Director of Public Works to solicit bids for construction.
Bids, as summarized below, were received and opened on November 23, 1993:
Contractor Base_Bid
L D. J. Construction $30,018.20
2. BoPark Enterprises . 40,999.60
3. L. Barrios and Associates, Inc. 41,266.54
4. S and M Landscape, Inc. 42,197.60
5. Belaire—West Landscape 44,954.80
6. Landscape Engineers, Inc. 62,737.00
7. Ryco Construction 68,186.00
T his is the second time the City has advertized for bids for this project. Initially, proposals
received by the City ranged from $45,000 to $90,000; all bids were rejected. Staff and the
consultant have modified elements of the projects to reduce costs, thereby bringing the
project within budget. G
No S/85
RCA: CC-881
December 20, 1993
Page two
;FUNDING SOURC,:
Contract Amount $30,018.20
*Project Change Orders 3,001.80
**Project Supplementals
TOTAL $34,020.00
* Standard 10% administrative -Change Order limit (not to exceed $50,000) per City
Council Resolution Number 4896. Examples of possible Change Orders include changes
in field conditions, .unavailable materials, errors in the Plans, and changed City
requirements.
** Examples of Supplementals include soil testing, City services, etc.
The Architect's. estimate is. $29,793.99. .Park Acquisition and Development Fund Account
No. E-SK-CS-712-6-39-00 has $33,300. The additional $720 has been transferred from
another park fund account (#601610) to cover the shortfall.
ALTERMME ACTION:
1. Deny award of contract to D. J. Construction and select on of the other bidders.
2. Reject all bids and forego the construction of these improvements.
ATTACHMENTS:
?lone
MTU: LFS: RMH: gd
3488g/10&11
•
J.
0
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
February 16, 1994
D. J. Construction
14730 1-. Firestone, #301
La Mirada, CA 90638
Re: Prince Park Renovation; CC-881
Dear Sir:
CALIFORNIA 92648
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 comUll-eted but prior to thq
rolease of retgntion fund .
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
Nobel, Contracts Administrator, 536-5441.
Sincerely,
Connie Brockway, CMC
City Clerk
Enclosure: Cash Contract
Declaration of Satisfaction of Claims
Certificate of Compliance
1462K/1463K
{ Telephone: 714-536.5227 )
PRODUCER
-Goodman Insurance Agency
24 Hammond Suite C
Irvine, CA
92718
PHONE 714-581-8700
--------------------
THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
-------- - - -------------------------------------------- --
COMPANIES AFFORDING COVERAGE
---------------------- -- --
INSURED COMPANY LETTER A United Pacific
---- ---
COMPANY LETTER B
D. J. Construction ----------------------------------------------------------------
14730 E. Firestone, #301 COMPANY LETTER C
La Mirada CA -----------------------
----------•------------------------------------
9 0 63 8 -
COMPANY LETTER D
--------------------- -• -----------------------
COMPANY LETTER $
COVERAGES_--'---------------
-_....______..__..--- ----- ------___-_-------..- THIS IS 1S TO CERTIFY THAT POLICIES OF INSURANCE+ LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR ]HE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
UHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
AIL TERMS, Fyr'_USIONS, AND CONDIT1ruS nF SUCH POLICIES. LIMITS SHOWN KikY HAVE SEEN REDUCED RY PAID CLp.INS,
-------------------------------------------------------------------------------------------------------------------------------
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR
DATE DATE
- -------- -- ............... .
----
GENERAL LIABILITY
A
)ES(
LX COMMERCIAL GEN LIABILITY
[ 7 CLAIMS MADE [ X7 OCC.
EX) OWNERS'S & CONTRACTOR'S
PROTECTIVE
E7
--------------------------
AUTOMOBILE LIAB
[ I
ANY AUTO
[ 7
ALL OWNED AUTOS
EX
SCHEDULED AUTOS
EX
HIRED AUTOS
(XI
NON -OWNED AUTOS
[ 7
GARAGE LIABILITY
[7
-------------------------------
EXCESS LIABILITY
[ 7
UMBRELLA FORM
[ 7
OTHER THAN UMBRELLA FORK
WORKERS' COMP
AND
EMPLOYERS' LIAB
------------------------------
OTHER
10 Day notice for
non-payment.
.RIPTION OF OPERATIONS/LOCATIONS
NSA 1330495 103/17/93
GENERAL AGGREGATE
2,000,00
03/17/94
-------------------
PROD-CO)6fP/OP AGG.
-------------
2,000,00
PERS. & ADV. INJURY 1,000,00
-------------------
.EACH OCCURRENCE
-------------,
1,000,00
FIRE DAMAGE
(ANY 014E FIRE)
50,000
RED. EXPENSE
(ANY ONE PERSON)
10,000
--------•---------- --------------
COMB. SINGLE LIMIT 1, 000, 00(
NSA 1330485
05/11/93
03/17/94
BODILY INJURY
(PER PERSON)
BODILY INJURY
(PER ACCIDENT)
PROPERTY DAMAGE
-
EACH OCCURRENCE
AGGREGATE
---------------------
AP it
VE17 AS- -
-----------
--------•---------- --------------
[STATUTORY LIMITS
GAIL
HUTTON
EACH ACCIDENT
T jt
AE°X
DISEASE-POL. LIMIT
DISEASE -EACH EMP.
........................ -
- - ----
-------------
-
r.i ty At
orney
'VEHICLES/SPECIAL ITEMS
-------------------------------------------------------
Certificate holder is addl insured as per Cg2009.
CERTIFICATE HOLDER<$_________________________°C===> CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
= PIRATION DATE THEREOF, THE ISSUING COMPANY WILL MORPMAIL 30
-sty of Huntington Beach 2 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,'
P O Box 190 =
2000 Main Street J ff- - -----------------------------•-------------
funtington Beach CA A iH RRED REPRESENTATIVE /f
?2648
`
CORD 25-s (7/90)
Named Insured D.J.Ost ruction
' POLICY NUMBER: NSA 133 0485 WMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED —OWNERS, LESSEES or
CONTRACTORS (Form A)::;�,:nr ^_
y-. AS TO FORM.,:
"AIL HUT=TON
This endorsement modifies insurance provided under the following: CTTY ATTOPTdZy
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization (Additional Insured): Location of
Covered Operations
City of ilLultington Beach, its agents, officers, and enfilovees
P 0 Box 190 .
2000 Main Street
Huntington Beach, CA 9269'Premium Basis Rates Advance Premium
Bodily Injury and (Per
Property Damage Liability Cost $1000 of cost) $
Total Advance Premium $
(If no entry appears above, information required to complete this endorsement will be shown in the Declarat;ons
as applicable to this endorsement.)
1. WHO iS AN INSURED (Section 11) is amended to (a) All work on the project (other than
include as an insured the person or organization service, maintenance, or repairs) to
(called "additional insured") shown in the Sched- be performed by or on behalf, of the
ule but only with respect to liability arising out of: additional insured(s) at the site of the
A. "Your work" for the additional insured(s) at covered operations has been com-
the location designated above, or pleted; or
B. Acts or omissions of the additional insured(b) That portion of "your work" out of
s) which the injury or damage arises has
in connection with their general supervision
of "your work" at the location shown in the been put to its intended use by any
Schedule. person or organization other than an-
2. With respect to the insurance afforded these addi-
tional insureds, the following additional provisions
apply:
A. None of the exclusions under Coverage A.
except exclusions (a), (d), (e), (f), (h2), (i),
and (m), apply to this insurance.
B. Additional Exclusions. This insurance does
not apply to:
(1) "Bodily injury" or "property damage
for which the additional insured(s) are
obligated to pay damages by reason of
the assumption of liability in a contract or
agreement. This exclusion does not apply
to liability for damages that the additional
insured(s) would have in the absence of
the contract or agreement.
(2) "Bodily injury" or "property damage"
occurring after:
other contractor or subcontractor
engaged in performing operations fcr
a principal as a part of the same
project.
(3) "Bodily injury" or "property damage"
arising out of any act or omission of the
additional insured(s) or any of their em-
ployees, other than the general supervi-
sion of work performed for the additional
insured(s) by you.
(4) "Property damage" to:
(a) Property owned, used or occupied by
or rented to the additional insured(s):
(b) Property in the care, custody, or con-
trol of the additional insured(s) or
over which the additional insured(s)
are for any purpose exercising phys-
ical control: or
(c) "Your work" for the additional in-
su►ed(s).
CIS 20 09 1185 ��=T
1 �
f
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
D. J. CONSTRUCTION FOR THE CONSTRUCTION
OF LESLIE J. PRINCE PARK
TABLE OF CONTENTS
Pa�e�No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
5
10.
INDEPENDENT CONTRACTOR
5
11.
LIQUIDATED DAMAGES/DELAYS
6
12.
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
8
14.
PROGRESS PAYMENTS
8
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
9
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS COMPENSATION INSURANCE
10
20.
INSURANCE
11
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
11
22.
DEFAULT & TERMINATION
12
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
12
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
13
27.
NOTICES
13
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
14
31.
ENTIRETY
15
6/agrWoonsult/01109/94
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
D. J. CONSTRUCTION FOR THE CONSTRUCTION
OF LESLIE J. PRINCE PARK
THIS AGREEMENT, made and entered into this - filth day of
February , 1994, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and
D. J. CONSTRUCTION COMPANY, a sole proprietorship, 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 Leslie J. Prince Park in the City of
Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered in the prosecution of work,
and for all other risks of any description connection with the work, including, but not limited to, all
expenses incurred by or in consequence of the suspension or discontinuance of work, except
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
6/agreelprince/01 /09194
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•
Agreement, and in accordance with the requirements of CITY under them for the compensation
set forth in the accepted bid proposal.
However the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions
and obligations of this Agreement and the Contract Documents (as hereinafter defined), the
location of the job site, and the conditionsunder which the work is to be performed, and that it
enters into this Agreement based upon its investigation of all such matters and is relying in no
way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon; .
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 1991 edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
90034, and all amendments thereto, written and promulgated by the Southern California chapter
of the American Public Works Association and the Southern California District Associated
General Contractors of the California Joint Cooperative Committee;
2
6lagreelprince101109/94
•
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and
expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed Thirty
Thousand Eighteen Dollars ($30,018), as set forth in the Contract Documents, to be paid as
provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days
after notice to proceed is issued and shall diligently prosecute PROJECT to completion within
one hundred twenty (120) consecutive calendar days from the day the "Notice to Proceed" is
issued by DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
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.
3
61agreelprince101109194
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
4
6lagreelpOncel01 l09I94
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is
issued. In event of a delay in commencement of the work due to unavailability of the job site, for
any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay
due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of
the work; one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one (1) year after CITY's acceptance thereof; and one in the
amount of one hundred percent of the contract price to guarantee payment of all claims for labor
and materials furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any
defect in the work, shall have the option to make appropriate repairs or replace the defective
item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate
repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR
shall secure at its expense, and be responsible for any and all payment of all taxes, social
security, state disability insurance compensation, unemployment compensation and other
5
61agree/prince/01 /09/94
payroll deductions for CONTRACTOR and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is -agreed by the parties hereto that in case the total work called for hereunder is
not in all parts and requirements finished or completed within the number of calendar days as
set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and
extremely difficult to ascertain and determine the actual damage which CITY would sustain in
the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250)
per day for each and every working day's delay in completing the work in excess of the number
of working/calendar days set forth herein, which represents a reasonable endeavor by the
parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in
the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages
herein provided, and further agrees that CITY may deduct the amount thereof from any monies
due or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto.
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
B
61agreelprince101109194
•
•
required by this Agreement to be furnished to CITY, or by damage caused by fire or other
casualty at the job site for,which CONTRACTOR is not responsible, or by the combined action
of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented
in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
7
6lagreelprincel01109194
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
section. The DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where
the actual quantities used in construction of the PROJECT are in variation to the quantities listed
in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under this Agreement. If the quantity
variation is such as to cause an increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for extending the completion
date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the -work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous payments
since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be
paid such sum as will bring the payments of each month up to one hundred percent (%100) of
the value of the work completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
8
6/agree/prince/01 /09/94
•
made on demands drawn in the manner required by law, each payment to be accompanied by a
certificate signed by the DPW, affirming that the work for which payment is demanded has been
performed in accordance with the terms of the Agreement and that the amount stated int.
certificate is due under the terms of the Agreement. Partial payments on the contract price shall
not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been paid
in full and that there are no claims outstanding against PROJECT for either labor or material,
except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs
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
9
Glagreelprince101109194
0 . *
those arising from the passive concurrent negligence of CITY, but save and except those which
arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
19. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, products/completed operations, and blanket contractual liability. Said insurance shall
also include automotive bodily injury and property damage liability insurance. All insurance shall
be underwritten by insurance companies in forms satisfactory to CITY for all operations,
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
10
61agreelpdnce101109194
PJ
0
Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect
during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000)
combined single limit coverage. If coverage is provided under a form which includes a
designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In
the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known
depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation
rights against CITY and agrees to provide certificates evidencing the same.
21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required herein; said certificates shall provide the name and
policy number of each carrier and policy, and shall state that the policy is currently in force and
shall promise to provide that such policies will not be canceled or modified without thirty (30)
days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance
coverage in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the terms of this
Agreement. CITY or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance policies hereunder required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work. hereunder with diligence,
or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an
assignment for the benefit of creditors or becomes insolvent, or violates any provision of this
11
6lagree/prince101109/94
•
Agreement or the contract documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy
it may have, terminate this Agreement upon the expiration of that time. Upon such default by
CONTRACTOR, CITY may elect not to terminate this Agreement; -in such event CITY may make
good the deficiency in which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF P1-4NS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be
delivered to CITY and become its sole property at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 et
seq.
26. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold,
or any similar legal document. Said obligation shall be provided for in the labor and materials
12
61agree/pdnce/01 /09/94
r
• •
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not
CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed
cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under
this Agreement.
27. NOTICES
All notices required.or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by such
party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification. '
30. LEGAL SERVICES_ SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ENTIRETY
13
6lagreelprince101 /09194
r
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
D. Jk CONSTRUCTION:
By:
Sarn6 Owner
A_-T
City Clerk
D APPR
City Admini
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
APPROVE,4AS TO FORM:
City AttLAChED:,n
,.c� k -w �q 4
1 ITIATEQ
Me gr of Public Works
61agreelpdncel01109194
14
•
•
I have received the Faithful Performance'Bond and the Labor and Materials
bond for Prince Park ltBovation; CC-981
on behalf of the Treasurer's Office.
D. J. Construction
14730 E. Firestone, #301
La Mirada, CA 90638
Dated
By: �A
Maria, You can release the bid bonds. Chris 5227
PAYMENT BOND — PUBLIC WOMS Bond No. 1287185
PREMIUM INCLUDED IN PERFORMANCE BOND
D HEN
E=
INSURANCE
HOME OFFICE • SAY DIEGO
KNOW ALL MEN BY THESE PRESENTS:
That we, D.J. CONSTRUCTION - as Princi.pal.
and • EXPLORER INSURANCE COMPANY . i-corpor_:ed under the :cws of :he Sate of ARIZONA and
cuthcr!xed to exec�te bonds and urdevak-,nys cs so!e surety. as S_:ety-, ore held and .`ir n'.y _ -d _-:c any and a!l persons named
in California Civil Code Sect:oa 3181 whose cla::a has not been raid by the cc .trac:cr, company cr ccrparanon, in the cyg.egate
total of THIRTY THOUSAND, EIGHTEEN AND NO/100THS"'�"
DO!la:s, (S30,108.00::"-- )
lc.- -.he payment ++he:ec'., we:l and iruiy :o ce ..._de. scud ,..nc:pcl su.e:• a .-e-se::^s. •he:: hairs, dmin;st.c:ors, successes
and ass.g.ts. Io:r.t:y cr.d severally, firmly by these presents.
The Cordition of .he foregoing at:uga;c- is such that: whereas the cbe a ___ndcn F::-:irc! has en:ered ir.to a ccnt.cc'., deed
19 , with the CITY OF HUNTINGTON BEACH
to do the following worn, to -wit: PRINCE PARK CASH CONTRACT NO. 881
Now, Therefore, it the above bounden Principal contractor, person, comre-y or co: pc:c:ton, or his or its sub -contractor, fails to pay
any clatmant named in Section 3181 of the Civil Code of the•Ste:e of Cc!i5::n:a, cr a:ncunis due under the Unemployment Insurance
Code, with respect to work or labor per!ormed by any such cla:TCnt !! ;:. :ha St::e:y cn this bond will ;cy the sense, in an amount
not exceeding the aggregate sum speci!:ed in th:s =ond. and also, :n case suit :s upon thus !;=nd. a reasonable attorney's fee,
which shall be awarded by the court to the preva:L•ng party in sc:i st:it, said a*=.ney's tee to =e taxed as costs in said suit.
This bond shall inure to the benefit of any Person named ir- Sect:c- 312E a! the Civil Code of I.",e State o! Cc.Eilcrnia sa as to give a
right of action to them or their assignees in any suit brought uPcn this
This bond is executed and filed to co:n;,i-y with ;he provisions of ;he act of Leg:ssatu:e of :he State of California as designated in
Civil Code, Sections 3247-3252 inclusive, and a.11 =lend: cents thereto.
Signed and Sealed this 21ST day of JANUARY , 19 94
D�.7�, CONS TRIJ�'i ON �
BY:
nPLORER\INSURANCE COMPANY
Surety
By
Attor:toyin-i
J P. FREEMAN
EXP -CAL-123
is
f
D D D
INSURANCE
SAN DIEGO, CALIFORNIA 92139
PERFORMANCE BOND
KNOW ALL MEIN BY T.'-:SSE PRESENTS: Than we, D.J. CONSTRUCTION
Ecrd No, 1287185
PREMIUM $901.00
AS TO FOR'
r7
NEY
thereinci:er c=lled '•P-incpci") as P:ircpal, or.� Ei.PIORER_INaURANC `S" ANX a corporation orsar.-
l:ed c-d exist:rq'u. . the laws a! the 5:c:e vi AR?ZONA and c_:hc:::ed to t-c-sacs b:simess in :he S;c:e o CALIFQRNIA
(here'-r.!ter =!led "Surely"), as Surety, ere held F,rrnly bound ur.;o
CITY OF HUNTINGTON BEACH
(here:naf:er cc!Ied "Obligee-), as Obligee. in the penal sum of THIRTY THOUSAND, EIGHTEEN AND NO/100THS-'''`
Ccllc:s {5 30, 018. OO:a... ). Sced cnd '.a w!ul :n:ney of the U-:tea S;_:es of America, for Iho pcymen: of which, well and truly to
be made, we bird ou.—zeives. our he::s, c .....: ..ears. axec_:c:s. s_:cessc-s. e-_ assigns. jointly and seve-clay. r;.zly by these presents.
Signaa. sealed and Deed :Lis 21ST day of JANUARY ' 19 94
whereas. the above bcun-en. P-incpal h=s ar.;e-ed into a cer;cin whiten ccr.:rcc: with :ire above -named Obligee, dated the
day o! , 19 for PRINCE PARK CASH CONTRACT NO. 881
whit; cant:=ct is hareby rearred :o c-d .....a c pe:: hereof as !_i:y and io the same ex:ent as it copied a. length herein.
NOW, THEREF ORS. THE CDNCIT-'O'. OF THE ABOVE OBUGATICN IS SUC-r:. That if the eaave bounden P.incipal shall well and
truly keep, da and ye -lc:- each and every. a!l and sing•_!cr. the rnat:e.s and things in said con%act set feral: and specified to be
by the acid Princ pcl ker:, care and perforated at :he time and in the ...arner in said c---::cc: specified, and shall pay over, snake
gcod amz' re"nburse to :he e;cve-ner-ed Obligee, c!l loss and ccn:ata which sc:d Obligee may sustain by reason of ladure or default
on the pert of said Frinc:pa!_ than this obliycnon shc!l be void: otherwise to be and remain in !u!1 force and effect.
D.J. CONSTRUCTION
BY
By
PLORER INSUPANCE COMPANY
\ (\ Surety
EX? CAL-122
IAttcrney-in-g
Y P. FREEMAN
' D D D •
MAINTENANCE BOND
INSURANCE
TO X-01XV
1. C. W. PARK P. 0. 80X 81063 Ty Bond No. I287185
SAN DIEGO, CALIFORNIA 9213$
By;�
. THESE
Day.,- PREMIUM INCLUDED IN PERFORMANCE
KNOW ALL MEN B T HESE PRESENTS: `y Y�' ftarne7BOND
That, D.J. CONSTRUCTION
, as Principal,
0.1a EXPLORER INSURANCE COMPaNY_ __ _ a cor;==,ion organized uncle:
the ;c;vs of the S:a:e c! AR.12a.N-eA.-and ou!hc::zed !o do a sure:v huslness in 'he Stc:e c! CALIFORNIA
_ as Surety. a-e he!d and !t:mly bound unto the CITY OF HUNTINGTON BEACH
in the .,n o[_THIRTY THOUSAND, EIGHTEEN AND
NQ/I00THS':_% IS 30, 018. 00'—f- 1 law!ul money
of the United S'a:es of A nerica. fcr 'he payrnant of which sutra well and t:':!y to be ..-..de, we bird ourselves, cur heirs, exec.:,crs,
ed-:r.;st:cta:s, succaasc.s and csv ns, ;osn:ly and aevera!:y, !!rra!y by these p-esents:
SCALED with our seals and dead JANUARY 21ST this - ., 1994
— -
D.J. CONSTRUCTION
V`�HEREAS, a.-', the . ,.^a aald_ - _
as contractor, entered ?r-o c ccn.rcc. '.cr
PRINCE PARK CASH CONTRACT NO. 881
for Its suns at THIRTY THOUSAND, EIGHTEEN AND NO/100THS"""
f9304018.00,=" 1• cnd,
WH-REAS, under the tarms of the specifications for Bald work. the sold D.J. CONSTRUCTION ^T
THIRTY THOUSAND, EIGHTEEN AND NO/ 100THS"INX is required to give
a bond for
OF
30, 018.00"'-'•' 1, to protect the
the
revolt of Iculty m atericls or workmanship for a parted o! one year from and after the date of the cornplation and acceptance of same,
namely, until A PERIOD OF ONE YEAR AFTER CI TY' S ACCEPTANCE THEREOF.
NOW, THEREFORE, if the sair, D.J. CONSTRUCTION
hall for a parfad of one year from and after the data
of the compleifon and cccoptarce of sc-1e by sai&_—CITY OF HUNTINGTON BEACH _
any and all
sfecta arising in said work whether resulting from defective matericis or defective worinnanship, then the above obligation to be va!d;
therwise to remain in lull force and affect.
EXP CAL-13R
*Explorer Insurance Co4any
HOME OFFICI SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF .ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under
the laws of the State of ARIZONA and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
JAY P. FREEMAN
its true and lawful Attomeysfsl-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Hoard of Directors of the EXPLORER INSURANCE COMPANY at a meeting duty called and held on the 22nd day of JULY, 1985, which said
Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy:
•'RESOLVED: That the President or Secretary may from time to time appoint Artorneys-in-Fact to represent and act for and on behalf of
the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys4n-
Fact and revoke the Power of Attorney given him at her-, and be it further
" RESOLVEO: That the Attorney -in -face may be given full power to execute for and in the name of and on behalf of the Company any and
all bands and undertakings es the business of the Company may require, and any such bonds or undertakings executed by any such Artorney:n-
Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary;'
IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed
by its duly authorized officers this 17th day Of September, 1986.
EXPLORER INSURANCE COMPANY
R-tYSG,:?4
c
1 SE L n�
President
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
On this 17th day of Sept 1986 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego,
duly commissioned and qualified, came David E. Rcdricks, Jr. , President of EXPLORER INSURANCE CCQIVIPANY to
me personally known to be the individual and officer described -in and who executed the preceding instrument, and he acknowledged the execution of
the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding Instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed
and subscribed to the said Instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above
written.
OFFICIAL SEAL
NANCY A. FAIRCHILD
„G� ��• ;
.
NO'Ar21f PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Exp. suns 26, 1991
STATE OF CALIFORNIA SS:
COUNTY OF SAN 011=GO
Notary Public
I, the undersigned, James W. Austin III, Secretary of the EXPLORER INSURANCE COMPANY, do heresy
cartify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and cartect copy, is in full force and effect, and has not been
revoked.
IN WITNESS WHEREOF I have hereu t subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this
21STdayof JANUARY 19 54
EXPLORER INSURANCE COMPANY
C.
�2 SEAL nl
-NGINEER' S
ESTIA-ATE:
29,000
PRO ECrjry Huttenberger
70B AND CC
NUMBER: CC-
88 enovation
- Prince Park - Triad Island
BIDDERS NAME
RAZE
TOTAL BID AMOUNT
Belaire-West Landscape
$ Lit , , Li,
0
Bopark Enterprises
$ Li C) Qt /
D. J. Construction
$ D
Tondo Company
$
�. Barrios and Associates, Inc.
3
$ 41 iwp ,sit
.ambaren.Contractors
$
;andscape Engineers, Inc.
$
Marina Contractors
$
�ashat Design
$
tyco Construction
$ b C)
and M Landscape, Inc.
4z � � � to
$ Liz"
I$
on s rece ed by Treasurer's
f£ice-
$ I
Date
i / / l---1
DATE:
November 23, 1993
ENGINEER' S ESTIMATE: 2�0 _ _ PROJFACNEEt Randy Huttenberger
JOB AND CC NUMBER: CC- 881 Renovation - Prince Park - Trinidad Island
BIDDERS NAME
RANK
TOTAL BID
AMOUNT
Belaire-West Landscape
$
lLA '
5 —L,
Bopark Enterprises
$Li
D 1
99 1
D. J. Construction
j
l
$
D1 . Zo
Hondo Company
$
L. Barrios and Associates, Inc.
3
$
l�
i1 VC(c)
Lambaren.Contractors
$
Landscape Engineers, Inc.
/ „
$
Marina Contractors
$
iashat Design
$
Tyco Construction
$
3 and M Landscape, Inc.
$
L 7L,
v
1 to 0
I
$
RECEIVED
CITY C. --RN
C!l Y
H U HT I h C T ON r
Noy 13 2 oo PH '93
ti
I R
= Js
ram.
{ ti;,N71%C]C�% 9t4CK
CITY OF HUNT INGTON BEACH,CALIF.
DEPARTMENT OF PUBLIC WORKS
BIDS OPENED
BID SUMMARYSHEET FOR: P2Itice_ f>Arz K
ENGINEERS ESTIMATE JQ9).coo. C,C,Na AHFP NO
BIDDERS
By PAeo:�
1. 6Aee;0S
—>i- A5:5o6 .
G�ttia5c P�
ITEMS OF WORK
QUANTITY
UNIT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
30,VnS � ! A55 vQ,�,�c c
I
L.S
1.voo)L)
,ail: �;�=
oo.00
C-o
Z -46,0
CC-
,
2.
ko3i t_ r -ZAIn 6tj
[
L-s
1,000,00
i,C0c) Cx
3.5-ay.vo
�,s�o cZ
9757. vc
,
775.0-
P5- a;
n.
1c7�'t U c_t `tom 0�.�
[
LS
Z�Vao.
�,5�:�-.rc
7�Soo.c�o
���..�, .� `
1 7�.uu
i,`; i5.�`
dv
{a ; 0 C"• 4
r���7
C0PJC/cc`7TE��,�l W ALC_
pp
Z-F
z9,00
2,2-4o.oc
.6,0.00
4,%oC.c,�
J12-00
!S C;o 0
lo6.00
t
Co ucA2 mri w
7.50
;
5. sa
; Gli
91. vv
/d,
rC'c ✓IDGJ U2 /�
��-"(Q
Ll'
l2• oo
+o72.vc.
7.s-0$40,0�
7
CoNc ie6 TEr P,4 L/I r1J 67
10 6
G F
z. zs
-�.� 3 •;
-
`100
2.-7s
G"!
j44,
q.00
474,GG
6; i5/-,7/u6 SIGN
l
&--A
joo,ao
cc
'300.a0
c,
IpA514 (fAN5 'Z'
2-
c.-0e0
'2fGZ.. v00 v
0
LES)-.- -tA) 7- Q1 GI r7rO
e
550
zQvaG.o. ovo
Go,c�
ov
Gov oc,
--too,
'
00
n,
p0
1Z
m po e
40C
3 o. 00
j oa.c��
Z.S. o
��� .
j,O vC'
Z�.Sc
,
I,v�c,,u,
aa,aa
13
P�As�c �2c— 6,�5
3
z�s.��
�5 5-0C
1-75 . OU
qa .00
pa. vo
I
4,-70. 00
L)
I
G AEG F-t 8A _c:-, If 1- 12 lir7ZF-5
E-A
5o .
s o . c
2-00, ov
o v . cc
I65.DO
(�5. c:,
'
117010,60
,�GU.GCS
15
A ?�
PALM f +—�s ' ��
/ Z
EA
3,00.00
3,(.CO. co
�0,00
�
' cc.
3iS. oo
-,
, `7�� c'�
3va. va
3 ����. ou
1(,�
S A-� . Srf2L)13
�
��
r�. oo
�c��.��
4.00
ire' .43
1(v .�
471,9.5
al oo
Sz2.cc
TOTALS
CITY OF HUNTINGTON BEACH.CALIF.
JH DEPARTMENT OF PrrUBLIC WORKS
BIDS OPENED-1VC.'y� 19�3
Ht_vattici'J', 91kcH
�J
z(
7)
24
BIDDERS
ITEMS OF WORK
1A5 PAt-um l
So pee-p
�e�c C7ivn0&J
G,o b Arlf- pd 5
/j (-) cc U
r
BID SUMMARY SHEET FOR: 1�2r AJC c A/0-K
ENGINEERS ESTIMATE �+'�'--- C;C.No A H F P No
Di- coN,,ct c�Gno: j PAP - K 5-r M
QUANTITY (UNIT ]PRICE
9 35 EA 4.,-�-O
l�4+ SF
I LS 45-0. vU
LS S,od
-0.0c
LS boo. 00
AMOUNT
PRICE
24:,3 s—c
6,00
` -75 . ,
i f$ OO, 00
�J00. 00
�, ce . c.c•
G ov. v0
i , -2,c c� . v �`
1200.00
AMOUNT
PEACE
,z».�,�
o.9d
(;oolc
37$. ob
00
AMOUNT
PRICE
C's
00
/JOO. 0
L, 5
6 6 G 4. ocu
�7`�.f:G
AMOUNT
TOTALS G)G 13.10 1 �}v,'r�r= . C;c � �}�,-?�!,,, � 4 2) '9� ; L: G1
CI I Y OF HUNTINGTON BEACH,CALIF.
J� DEPARTMENT OFPUBLICWORKS
r�. BIDS OPENED A;G�' 023 19 � 3
BID SUMMARY SHEET FOR: PjII ck= t-At K
ENGINEER'S ESTIMATE -:29� co C.C.N0 ��I
AHFP NO
BIDDERS
�Ez4f �c
L %
L 4, ,Aj ,0 S COfrtOC
)t75G�f='C
I<
1 yc0
(L'-oti'5 i`� UCT704J
ITEMS OF WORK
QUANTITY
UNIT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AWOUN'T
PRICE
AMOUNT
!
30Aj --a f Ns tJ ZA/'J
J
L_S
,�oGo. oo
�G-c;v.c o
3pao. vo
�,v_ t, � �
f0cla 00
,�� � . c�
Z.
N�o3r + Z Q-ir o�
!�
Gov. vv
cu. c:�:
�Uo.no
a G�.c .
3,
i�-t O L I. Tn ctiJ
rt
L5
30 L 0. po
;, ��: ��. ac;
i 1 ODU: E7�:
; r o��c�. ct
l
IZ3� �:
.
z,
�' 0 Aj C e i=T 5'�`-7� i [.�: /4 LC-
Co,L) c �-�-� Nfo r.v G
.
yo
Z-F
i�
/4o . o o
r v. v
j j, Z o D. o o
'�j �; �.
'J
7'
`1.4 �
51 (.00. OL
_?
191.
13.00
i 5 4 9 0 0C.
Gc?x.'G2c /�rG�J LC>2� '�
L�
17-J�
5ja,;.Dc
18.0o
i �o�:.:�
15.00
j.,
;�.o
L,/ ou G-?
/ 0 6
G F
;
; . o o
S -1c, . o o
-C3G�`z'
&a
7�$. c�
lac oa
t L. oc'
64 L V 14IV I Z E2:� ! lc iJ Sl-� G.� N S
Z
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j J 0. of
j 7S. o ol
•;
> � o , c:L
za`, of
SAS . c?
0
1
-P,4[ AJi 6)(G/ T7-,?=Cam'
(7 LoG 1C S'
'Z
Z
j0. vo
�-0.00
ZS".
1
MPae i - S'or L.
40
CY'
3a.v�
1 ��v�.u�
�.^
JS' 40
,o,oc-
�.C1
30.00
i Zv. J . C)`•
13
PGAS —7c-f- T 2c-E:- 6Z47E5
3
&-A
994.Q0
2,9'32,00
ou
1, �vv.Uti
470.0�
j,d.(U,GU
l4
C i —tf �(�
CA
.59 JO
.5'00', 00
3 oo.OJ
300.01L
15-;'.vo
i � o. cc.) it
(J Zc=cU
IS
f r
(� [�� 5 [a r —
j Z
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3b0.OD
j,GO . CL
7Sa.vo
`7roov. oc
�,o.�
GAL
6) 0.� .
2
ZS�'
Si-
1g. oo
0.401
2,7,00
!Z �D
3� s�,cc�
30, vo
'i'-7 ; 00
i.
TOTALS
CITY OF HUNT INGTON BEACH,CALIF.
BID SUMMARY SHEET FOR: P(Zi luc E- -P/4Z<
Jr
r+�.1SIrLli>,, E1+CM
DEPARTMENT OF PUBLIC WORKS
sin OPENED A)L�y im__ 19C� 3
ENGINEERS ESTIMATE r _ , GCX, QC. NC! AHFP NO
BIDDERS
t3G-rep w�T
L A li Z>S 4. Q
t�NDsc����
r ,u L-'-o
-i<-`tc o
C' o tiS i t Li C 7C-, dv'
146c
ITEMS OF WORK
GUANTITY
UNIT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
Ft�. �tleU-e � n cOIj
935
$•ov
7 4_'i?•01)
(;?7.c,)
Z,O
i $?0.00
1�
A-S �rL[J11-'� ACC. -r ��f -
)(,,4 -
SF
o.,qo
G�?,L`
6.s-0
Ya2,Cc
),5�
"I �GCs�C
Ej'Arr12 LA14A6�
l
L5
soo.00
5-JJ u�
Zcaoc�..0
,coo,00
400.0o
f I
S4 I L Pe�
%
L,S
5oe . �o
�oo.v-
Zoc.�o. v
Z, c;,,v. oe
5, 00 . oo
'���. ov
ZA
+e g ( [7 A--n 0 ►V
�S
("Wo. 00
�'; �` Oi), O�
Soon. oc�
C L-c+. 00
S �Cx�
���
7n (� n N! i
�� � I �"
)
f
L-S
3V1�•O4
7 �i.}.C?L
'-0Q .00
I7
� cJ OG
f Sl'
D Ov
¢ C�.
4'C UJ
Z
� 0 b�-t r DS t r`�+�r>
j
LS
ov.o
�G�.�:�
Z000.ov
Z, o�u. c�
906.00
�06.cj
; ,� , . (::
L_____
TOTALS
�,:v
L , �] , �, `•
•
•
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed
and published in the City of Huntington
Beach, County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
November 11, 18, 1993
declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November la 1993—
at Costa Mesa, California.
n
gnature
"`PVBLIC'HOTICE,
r kotice;;is l- a f .g!ven
that ElLd bids will be -re
ceived'by the City. 01 HiFn
tington Beach acthe, office
of,the City .Clerk at City
Hall,—;• 2000 Main- Street,
Huntington-_ Beach,.-Callfor.
nia,;.untll thcho lr. _of' 2:00
the: -RENOVAT
PRWCE,PAf K,lr
ol.Huritingtori Bey
. Ae sal 'of�"olans�
in=ttio ma Kdr:pr
the contra6t0di
'and�ahalltbe�acc'
by a= certified 'or
,check or..•a:bld,bo
forthe wo'Vand
Improvernents,t conf omt i tol
the J abor.Xode k of irthe.
Statex.of -California -and`.
other laws of,the-Stata oft
CaNforrrls��applleable
thereto, with the -exception,_
only.ol such.%a`Mations that
maybe -required under the
special statutes pursuant 10`
tho.;.manner?'provided`= bi
law.'s tea 3 �,y
No bidg.stiati be, con-nsid
surd -unless k:is.rrrade.on i
forril , rnis!tod by. theAClt,,
of Huntlngtori1leach and h
inade�kn,ysccordance �'vritl
the pro"visiorisments.`: of thglpro
posal , uiref.".
Each9 bidder.- mush be" II
cerise� -also; prequall
ded eii requlred by law,
The City. Councll,--of: tht
Citjr°.of.: Hturilrigton Bear
reseNea.the"rlgtit.to rejec
6)W or eliblds: - ". -.- .
-.8yb►d@r of the City Coup
cll of-the.City of Hunts gtor
Beach; Calffomidtfte 1st a
Neva-19tt3:�?"r
,, '� Cannf�y Btroekinttry,
Gh1;Cliift tsf," -C y of
HifnUn on Befth.-
,p b P,u bl i 8h ed li u rill n gton
Beads -Fountain'" Velley'-fe
de peisdiarit'?Nointierd 11
ri'�� li?tt►43C
NOTICE INVITING BIDS
C C-88 i
Notice is hereby given that sealed bids will be received by the City of Huntington Beach
at the office of the City Clerk at City Hal), 20 0 Main Street, Huntington Beach,
California,. until the hour of 2:00 p.m. on at which time they will be
opened publicly and read aloud in the Council Chambers for
the ,JoV "T1f�:' ►-3Gf� in the City of
Huntington Beach.
A set of plans, specifications, and other contract documents may be obtained
on _ J' /3 , 199"f> at the Department of Public Works, 2000 Main Street,
Huntington Beach, California, upon receipt of anon --refundable fee of 130
Each bid shall be made on the Proposal -Form and in the manner provided in the contract
documents, and shall be accompanied by a certified or cashier's check or a bid bond for
not less than 10% of the amount of the bid, made payable to the City of Huntington Beach.'
The Contractor shall, in the performance of the work and improvements, conform to the
Labor Code of the State of California and other laws of the State of California applicable
thereto, with the exception only of such variations that may be required under the special
statutes pursuant to which proceedings hereunder are taken and which have not been
superseded -by the provisions of the Labor Code. Preference to labor shall be given only in
the manner provided by law.
No bid shall be considered unless it is made on a form furnished by the City of Huntington
Beach and is made in accordance with the provisions of the proposal requirements.
Each bidder must be licensed and also prequalified as required by law.
The City Council of the City of Huntington Beach reserves the right to reject any or all
bids.
By order of the City Council of the City of Huntington Beach, California the 5T
of _ Qoy._ Ign
Q=ie Brockway-
City Clerk of the City of Huntington Beach
2000 Main Street (714) 536-5431
0328G
REQUE {FOR CITY COUNCI ACTION
November 1, 1993
Date
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administr for
Prepared by: Ron Hagan, Director Community Services C -�r Ru'
Subject:
Loins F. Sandoval, Director of Public Wor Cep
PRINCE PARK; CC-881
Consistent with Council Policy? [ ] Yes [ ] New Policy or Excepti
APPROVED BY CITY COUIeCILI
& - / 19,tt
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: aWP
STATEMENT QF ISSUE:
Plans and Specifications for the renovation of Prince Park in Huntington Harbour are
complete.
RECOMMENDED ACTION:
Approve an amendment to the current year budget by appropriating $33,300 for the
renovation of Prince Park from the Park Acquisition and Development Fund.
2. Approve the Plans and Specifications and authorize the Director of Public Works to
solicit construction bids.
ANALYSIS:
On March 15, 1993, Council approved the Plans and Specifications and Sample Contract for
the renovation of Prince Park, and authorized the Director of Public Works to solicit bids for
construction. Bids were received and opened on April 27, 1993. However, the low bid far
exceeded the project budget of $33,300 and on June 7, 1993, Council rejected all bids.
The Plans and Specifications have been redesigned by Heimberger/Hirsch & Associates so the
project could be built within the budgeted amount. The architect's revised cost estimate is
$29,783.99. The renovation includes improving the on -site irrigation and drainage system,
replacing existing trees with 6 foot Queen Palms, constructing a concrete seat wall,
replacing shrubs with new turf, and modifying existing plant material in planters. These
improvements will not only make the park more functional and improve the aesthetics, but
will also reduce maintenance problems at the site.
The Directors of Community Services and Public Works recommend approval of the Plans
and Specifications and hereby request Council authorization to solicit bids for construction
utilizing the previously approved Sample Construction Contract.
FUNDING SOURCE:
The landscape architect's revised estimate for the constructton of these improvements is
$29,783.99. Funding of $33,300 (including contingency funding) was budgeted in FY 92/93,
but not carried forward to this fiscal year. Therfore, it is necessary to reappropriate the
money from the Park Acquisition and Development Fund's unappropriated fund balance into
account E-SK-CS-712-6-39-00.
P!O 5185
RCA; Prince Park
CC-881
November 1, 1993
Page two
__4LTERNATB E ACTION:
Deny approval of Plans and Specifications and forego the construction of these
improvements.
ATTACHMENT
Project Location Map
Fiscal Impact Statement
MTU:LFS: RH:gd
3475g/21 &22
DM 21
SECTIONAL DISTRICT MAP
0 CITY OF
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
19-5-11
,E.EE N nET
NOTE'
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=�
BANNING AVE
0 •
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: MICHAEL T. UBERUAGA, City Administrator
FROM: ROBERT J. FRANZ, Deputy City Administration
SUBJECT: REQUESTED FUNDING FOR PROFESSIONAL SERVICES
ASSOCIATED WITH RENOVATION OF PRINCE PARK, FIS 94-13
DATE: . OCTOBER 22, 1993
As required by Resolution 4832, a Fiscal Impact Statement has been prepared for
the proposed appropriation of $33,300 to fund plans and specifications for the
renovation of Prince Park.
Upon approval of the City Council, the balance of the unaudited, undesignated Park
Acquisition Fund would be reduced to
Deputy City Administrator
RJF:skd
MBLIC NOTICE
NOTICE
INVITING BIDS
CC4381
Notice is hereby given
that sealed bid$ will be re-
ceived by the City of Hun-
tington Beach at the office
of the City Clerk at City
Hall, 2000 Main Street.
Huntington Beach, -Califor-
nia, until the hour of 2:00
p.m. on 11123/93. at which
time they will be opened
publicly and read aloud in
the Council Chambers for
the RENOVATION OF
PRINCE PARK in the Cityf
of Huntington Beach. • t
A set of plane, speciflca-1
bons, and other contractl
documents may be ob-.
tainod on 1113, 1993 at the.
Department of Public
(Works, 2000 Main Street,
Huntington Beach, Califor-,
,nla, upon receipt of a non-
refundable too of S30A0.
Each bid shall be made
on the Proposal Form and
in the manner provided in
the contract documents.
and shall be accompanied
by a certified or cashier's
chock or a bid bond for not
less than 10% of the
amount -of the bid, made
payable to the Clty of Hun-
tington Beach. The Con-
tractor shall, In the per-
formance of the worts and'
improvements, conform to
the Labor Code of the
State of California and
other laws of the State of
California applicable
thereto, with the exception
only of such variations that
may be required under the'
special statutes pursuant to
whist+ proceedings hereun-
der are taken and which)
have not been superseded
by the provisions of the
Labor Code. Preference to:
labor shall be given only in"
the manner provlded . by
law.
No bid shall be consid-
ered unless It is made on a
form furnished by the City
of Huntington Beach and isI
made in accordance with I
the provisions of the pro-
posal requirements.
Each bidder must be li-
censed and also prequall-
tled as required by w la.
The City Council of the
City of Huntington Beach
reserves the right to reject
any or all bids.
By order of the City Coun-
cil of the City of Huntington]
Beach, California the tat of'
Nov. 1993.
Connie Brockway,
City Clerk of the City o1
Huntington Beach. i
Published Huntington]
Beach -Fountain Valley In
dependent November 11,
18, 1993.
112th430'
HUNTINGTON BEACH 1 FOUNTAIN VALLIP
mpg& ARM ma am Me
THE NEWPORT BEACH -COSTA MESA PILOT
Client Reference # ('-fC D dl
Independent Reference #Ya
Dear Advertisers:
Enclosed please find clipping of your ad fran the first
publication. beginning
If you need any changes or corrections, please call me
at your earliest convenience. / �,
The cost of this publication will be $ tc -� U
Thanks for your cooperation and patronage.
Sincerely,
udy t ti ng
Manager
Legal Advertising Manager
330 (Nest Bay Street,
Costa Mesa, CA 92627
(714) 642-432 i
Fax tniel' 0311_.�,gn9
T - ! v.
BID PROPOSAL
Firms Name
To the Honorable Mayor and City Council of Huntington Beach, California:
In compliance with the notice inviting sealed proposals for the: _ Renovation of Leslie J. Prince Park
I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials
therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under
the supervision of the Director of Public Works of said City of Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository, the by-
laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor
or materialsman which is not processed through said depository, or which any subcontractor or materialsman from
bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.
For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the
improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the
office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment
therefore at the following unit prices; to wit:
Item
Approximate
Item With Unit Price
Unit
Total
No.
Quantity
Written in Words
Price
u Mp"S u
Bonds & Insurance
/
Amount written in words-s
2.
Lump Sum
MobilizZon
Lump um
Vernolition
2-1
f:we L-44
Amount written in words r
Q-i
•
•
Item
Approximate
Item With Unit Price
Unit
Total
No.
Quantity
Written in Words
Price
4.
80 L.F.
Concrete Seat Wall
Written in words �
u
Z 8
Z� Z.(/p
5.
28 L.F.
Concrete Mow Curb 6" Wide
Written in words �' au- fs
S
7
L, o
6.
56 .F.
Concrete Mow Curb 12" Wide
Written in words r
1 '
6 7 2-
7.
106 L.F.
Concrete Paving
r
-2-
Written in words 7—GJra(,//a.-9
8.
1 EA
Relocate Existing Sign
dl-t
Written in words
9.
2 EA
Galvanized Trash Cans With Lids
w
✓ �
/ 6 a �
r
Written in words
10.
2 EA
Clean & Paint Existing Litter Can Holders
r
3C� �
jUd
�L
Written in words
Pad s
!O _
ZD
Written in words`�^t
12.
40 C.Y.
Import Soil
Written in words
13.
3 EA
Plastic Tree Grates
Written in words
14.
1 EA
Catch Basin Grates
L
Sa
Written in words
15.
12 EA
Palm Trees 6' (brown trunk height)
-3
Written in lZtee
words
P-2
Item 1
Approximate
Item With Unit Price
Unit
Total
No.
Quantity
Written in Words
Price
16.
29 EA
5 Gallon Shrubs
Written in words
17.
258 S.F.
Ground Cover @ 6" o.c.
Written in
0
words
18.
935 EA
1 Gallon Shrubs With Ground over
41 ro
�2,07'--°
Written in words ���. do/�� F� C.-,
19.
1,644 S.F.
PaspaIum Vaginatum Stolons & Fertilizer
Written in words
20.
Lump Sum
Repair Turf Damaged due to Construction
Written in words Fek2"~--
21.
Lump Sum
Soil Preparation
,
7 %5
22.
Lump Sum
Irrigation
Written in words S� frd,.- sa.., Ftir.,� 5 c. Y.
23.
Lump um
Thirty () My Pla t Establishment
r
Written in words
24.
Lump Sum
Sixty (60) Day Post Mainte ance Period
Written in words
P-3
•
•
It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for
the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon
the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at
the unit prices bid in the proposal schedule.
The undersigned understands the contract time limit allotted for the contract is thirty (30) calendar days, excluding
thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to
exceed one hundred -twenty (120) calendar days.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds
within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of
approval of the contract by the City of Huntington Beach, California.
The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the
proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has
investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work
to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans
specifications, and the contract.
Accompanying this proposal is 1 8;
NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as t case may be, in an amount
equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. .
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to
the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the
undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the
form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within
10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be
returned to the undersigned.
Licensed in accordance with an act providing for the registration 'of contract License No. z-- 2 ` 0
�sri- s -r iW a,17 -A zv
Business
Place of
Date this day of 12D J . , 1912—
BiVer shall signify receipt of all Addenda here, if any:
dd ,
EWA .1
1211te Received
Bidder's Signature
PA
PROPOSED
INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be attached if
necessary.
1. Firm Name�_ , $ -r 0-0-�5 i
2. Address: 1K7 3 0^ -r-4 0-6 �ro� �17CWI) 3. Telephone:,
4. Type of firm -individual, partnership, or corporation:
5. Corporation organized under the laws of the State. of,•
6. Contractor's License Number: � � 4 S 1- 7 4 Expiration Date -
(NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER
PENALTY OF PERJURY)
7. List the names and addresses of all members of the firm or names and titles of all
officers
ofthecorporation:
8. Number of years experience as a contractor in construction work• "Z-
g. List at least six projects completed as of recent date:
Contract
Amount
Class of
work
Date
Completed
Name. Address and Phone
Number of Owner
C1Ms .
6� S.
10. List the name of t�person who inspected the site of the proposed work for your firm:
Date of Inspection -
If requested by the City, the bidder shall furnish a ,notarized financial statement,
financial data, or other information and references sufficiently comprehensive to permit
an appraisal of his current financial condition.
P-5
In compliance with the "Subletting and Subcontracting Fair Act" being Sections 4100-4113
of the Government Code of the State of California, and any amendments thereto, each bidder shall
set forth below the name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the construction of the,
work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime
contractor's total bid, and shall further set forth the portion of the work which will be done by each
subcontractor. Only one subcontractor for each portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to be performed
under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall
not be permitted to subcontract that portion of the work except under the conditions hereinafter set
forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was
designated in the original bid shall only be permitted in cases of public emergency or necessity, and
then only after a finding reduced to writing as a public record of the Legislative Body of the owner.
FO)MON STATE LICENSE
OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS
By submission of this proposal, the contractor certifies:
l . That he is able to and will perform the balance of all work which is covered in the
above subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered into and bonds
furnished by sub -contractor for this project.
P-6
STATE OF CALIFORNIA
COUNTY OF L—Q,-5 I SS. &L30a)'q
On '&24) r�.B � 2� i 9: 3 before me, 1 [J'p y
( otary Name and Title)
personally appeared —__ Z ,O S7,4A A�J n
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hie/her/their
authorized capaclty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. I <x ;,�� OFFICIAL SEAL
NOTARY PUBLIC - CALIFORNtAI
SignatureQLZI :.�Fs..x/ PRINCIPAL OFFICE IN
ORANGE COUNTY
MY CON-VSSION EXPIRES JULY 25, 1994
(Notarial Seal)
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
Ja (� , , being first duly sworn, deposes and says:
1. That he e"ke'is ID e.a of J the party
making the foregoing bid;
2. That the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, -association, organization, or corporation;
3. That the bid is genuine and not collusive or sham;
4. That the bidder has not directly induced or solicited any other bidder to put in a false
or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain
from bidding;
5. That the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, of fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract;
6. That all statements contained in the bid are true;
7. That the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member of agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury, under the laws of the State of California, t arth foregoing is
true and correct. 12:_N _ J
ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE.
P-7
0
(This guarantee shall be executed by the successful bidder in
accordance with instructions in the special provisions.
The bidder may execute the guaranty on this page
at the time of submitting his bid.)
GUARANTEE
To the City of Huntington Beach, Department of Public Works:
PROJECT: RENOVATION OF LESLIE PRINCE PARK
The undersigned guarantees the construction and installation of all work as indicated in the plans
and delineated in the specifications for the Renovation of Leslie Prince Park.
Should any of the materials or equipment prove defective or should the work as a whole
prove defective, due to faulty %%orkmanship, material furnished or methods of installation, or
should the work or any part thereof fail to operate properly as originally intended and in accordance
with the plans and specifications, due to any of the above causes, all within 12 months after date
on which this finished project is accepted by the City, the undersigned agrees to reimburse the
City, upon demand, for its expenses incurred in restoring said work to the condition contemplated
in said project, including the cost of -any such equipment or materials replaced and the cost of
removing and replacing any other work necessary to make such replacement or repairs, or, upon
dernand by the City, to replace any such material and to repair said work completely without cost to
the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself
or to have such replacements or repairs done by the undersigned. In the event the City elects to
have said work performed by the undersigned, the undersigned agrees that the repairs shall be
made and such materials as are necessary shall be furnished and installed within a reasonable time
after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his
obligations under this guaranty, the City shall be entitled to all costs and expenses, including
attorney's fees reasonably incurred by reason of the said failure or refusal.
Date
Cto
P-8
n
INSURANCE
P.O. Box 85563
San Mebo, CA 92138-5563
BID OR PROPOSAL BOND
KUOW ALL MEN BY THESE PRESENTS:
That we, D.J. CONSTRUCTION
(hereinafter called the principal), and EXPLORER INSURANCE COMPANY, a corporation
organized and doing business under and by virtue of the laws of the State of Arizona and
duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds
or undertakings required or authorized by the laws of the State of CALIFORNIA
as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH
(hereinafter called the obligee)
In the just and full sum of TEN PERCENT OF THE AMOUNT BID ----
Dollars (S (S 10% OF BID-----) lawful money of the United States of America, for the payment
of which, well and truly to be made, 4,e hereby bind ourselves and our and each of our
successors and assigns, jointly and severally, firmly by these presents.
TKE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS. the above bounden principal as
aforesaid, is about to hand in and submit to the obligee a .bid or proposal dated
NOVEMBER 23, 1993 for RENOVATION OF LESLIE J. PRINCE PARK
in accordance with the plans and specifications filed in the office of the obligee and
under the notice inviting proposals therefor.
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the
contract for such work be awarded to the principal thereupon by the said obligee, and said
Principal shall enter into a contract and bond for the completion of said work as required
by law, then this obligation to be null and void, otherwise to be and remain in full force
and effect. ...... _
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be -duly
signed and sealed :his day of NOVEMBER 22ND • '993
D.J,.j CONSTRWTION
BY:
PLORER.INSURANCE COMPANY
By
.XP CAL 160 JAY FREEMAN Attorney -in --act
10140 Campus Point Drive, San Diego CA 92121-1520
P. 0. Box 85563, San Diego CA 92138-5563
(619) 546.2400
Explorer Insurance ,Company
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
- POWER OF .ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under
the laws of the State of ARIZONA and having its prihelpal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
JAY P. FREEMAN
iti true and lawful Attorneys isl -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizance% or other written obligations In the nature thereof.
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985, which said
Resolution has not been amended or rescinded and of which the following Is a true, full, and complete COPY:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of
the Company, and either the President or Secretary, this Board of Directors or Executive Committee may at any time remove such Attorneys -in -
Fact and revoke the Power of Attorney given him or her; and be it further `
"RESOLVED; That the Attorney -in -fact may be given full power to execute for and in the name of and on behalf of the Company any and
all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney4n-
Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed
by its duly authorized officers this 17th day of September, 1986.
EXPLORER INSURANCE COMPANY
�F-
`CC• R4�!`
-I ScAL nCL
President
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
On this 17th day of Sept 1986 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego,
duly commissioned and qualified, came David E. ROdricks, Jr. , President of EXPLORER INSURANCE COMPANY to.
me personally known to be the individual and officer described in and who executed the preceding Instrument, and he acknowledged the execution of
the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid.' and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly.affixed
and subscribed to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand andaffixedmy Official Seal, at the City of San Diego, the day and year first above
written. 'Y.Wit51'aYlh�ti
OFFICIAL SEAL
rr
NANCY A. FAIRCHILD
--
NOTARY PUBLI'. • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
_ MY Commission Era. June 26, 1987
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
ram--- •.
,Lffh
4) , 0
Notary Public
I,'the undersigned, James W. Austin III, SeCretar of the EXPLORER INSURANCE COL7PANY. do nareoy
certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been
revoked.
IN WITNESS WHEREOF, /I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this
�ajt day of 1tit-L` �7L[Ut'�j 19 1�5
EXPLORER INSURANCE; COMPANY
Secretary
n -:s. CON4.
1Hrl3c7 E. VIM51tnrd
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LA X�,�
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•
0
0
BID PROPOSAL
Bopark Enterprises, Inc.
Firms Name
To the Honorable Mayor and City Council of Huntington Beach, California:
In compliance with the notice inviting sealed proposals for the: Renovation of Leslie J. Prince Park
I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials
therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under
the supervision of the Director of Public Works of said City of Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository, the by-
laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor
or materialsman which is not processed through said depository, or which any subcontractor or materialsman from
bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.
For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the
improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the
office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment
therefore at the following unit prices; to wit:
Item
Approximate
Item With Unit Price
Unit
-No.
Quantity
Written in Words
Price
Total
l ,
Lump um
tionds & insurance
Five hundred dollars & no cents
500.00
500.00
Amount written in words
2.
Lump Sum
MOT
Mobilization
Three thousand, five hundred dollars
3,500.00
3,500.00
& no cents
3.
Lump slim
Demolition
Seven thousand, five hundred dollars &
no cents
7,500.00
7,500.00
Amount written in words
P -. 1
Item
Approximate
Item With Unit Price
Unit
Total
No.
Quantity
Written in Words
Price
4.
80 L.F.
Concrete Seat Wall
Writteninwords Sixty dollars & no cents
60.00
4,800.00
5.
28 L.F.
Concrete Mow Curb 6" Wide
Five dollars & fifty cents
5.50
154.00
Written in words
6.
56 L.F.
Concrete Mow Curb 12" Wide
WriSe11Rwgpd1lars & fifty cents
7.54
420.00
7.
106 L.F.
Concrete Paving
Two dollars & seventy-five cents
2.75
291.50
Written in words
8.
1 EA
Relocate Existing Sign
Three hundred dollars & no cents
300.00
300.00
Written in words
9.
2 EA
Galvanized Trash Cans With Lids
Forty dollars &.no cents
40.00
80.00
Written in words
10.
2 EA
Clean & Paint Existing Litter Can Holders
Twenty-two dollars & no cents
22.00
44.00
Written in words
Pad s
Ten dollars & no cents
10.00
20.00
Written in words
12.
40 C.Y.
Import Soil
Twenty-five dollars & no cents
25.00
1,000.00
Written in words
13.
3 EA
Plastic Tree Grates
One hundred seventy-five dollars &
Written in words No cents
175.00
525.00
14.
1 EA
Catch Basin Grates
Two hundred dollars & no cents
200.00
200.00
Written in words
15.
12 EA
Palm Trees 6' (brown trunk height)
Three hundred fifty dollars & no cents
350.00
4,200.00
Written in words
P-2
Item
Approximate
Item With Unit Price
Unit
Total
No.
Quantity
Written In Words
Price
16.
29 EA
5 Gallon Shrubs
Fourteen dollars & no cents
14.00
406.00
Written in words
17.
258 S.F.
Ground Cover @ 6" o.c.
Forty-five cents
.45
.116.10
Written in words
19.
975 EA
i Gallon Shrubs With Ground Cover
Six dollars & no cents
6.00
5,610.00
Written in words
19.
1,644 S.F.
Paspalum Vaginatum Stolons & Fertilizer
Writteninwords Seventy-five cents
.75
1,233.00
20.
Lump Sum
Repair Turf Damaged due to Construction
One thousand, five hundred dollars &
No cents
1,500.00
1,500.00
Written in words
21.
Lump Sum
Soil Preparation
One thousand, eight hundred dollars &
No cents
1,800.00
1,800.00
22.
Lump Sum
Irrigation
Five thousand dollars & no cents
5,000.00
5,000.00
Written in words
23.
Lump Sum
Thirty () Day Plant Establishment
Six hundred dollars & no cents
600.00
600.00
Written in words
24.
Lump Sum
Sixty (60) Day Post Maintenance Period
One thousand, two hundred dollars &
-No cents
1,200.00
1,200.00
Written in words
Forty thousand, nine hundred ninety-nin
TOTAL
dollars & sixty cents
40,999.60
P-3
It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for
the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon
the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at
the unit prices bid in the proposal schedule.
The undersigned understands the contract time limit allotted for the contract is thirty (30) calendar days, excluding
thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to
exceed one hundred -twenty (120) calendar days.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds
within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of
approval of the contract by the City of Huntington Beach, California.
The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the
proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has
investigated and is satisfied as to the conditions to be encountered,' as to the character, quality, and scope of work
to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans
specifications, and the contract.
Accompanying this proposal is 1 0 % Bidder's Bond ($ _ �
NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount
equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to
the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the
undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the
form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within
10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be
retuned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License No. 505.508
Bopark Enterprises, Inc.
Beaudry T. Pa er President
8560 Vineyard Ave. #103 Signatur6`6fRiAder
Business Address Rancho Cucamonga, CA. 91730
Place of Residence N / A
Date this 22 day of November , 19 93
Bid+ler shall signify receipt of all Addenda here, if any:
Addendum No. Date Received
None
Bidder's Signature
P-4
REFERENCES
City of Anaheim
-- P.O. Box 3222
Anaheim,'CA 92803
Ms. Katy Daunis
(714) 254-5155
Project:
City of Colton
650 N . Ira Cad ena Dr.
Colton, CA 92324
Mr. Ken Simon
(909) 370-5052
Project:
City of Costa Mesa
77 .Fair Dr.
Costa Mesa, CA 92628
Mr. Baltzar Mejia
(714) 754-5291
Project:
City of E1 Monte
3130 Tyler Ave.
E1 Monte, CA 91734
Mr. Brian Odgen
(818) 580-2200
Project:
Boysen Park - $880,000.00
Valley Blvd. Landscaping - $207,207.00
19th St. Sidewalks - $'175,000.00
Cadillac -Bike Trail - $ 56,000.00
Pioneer Park Phase I
Pioneer Park Phase II
Baldwin Mini Park
- $295,456.00
- $313,079.75
- $ 26,540.00
Hesperia Recreation & Park District
P.O. Box 1055
Hesperia, CA 92345
Cal Camarra
(619) 244-5488
Project: Hesperia Lakes Soccer Fields - $249,207.00
•
City of Long Beach
333 W. Ocean Blvd.
Long Beach, CA 90802
Mr. Phil Peterson
(310) 590-6383
Project:
Blair Field Renovation - $527,329.00
Lawn Bowling Green Renovation - $120,000.00
Newport -Mesa Unified School District
P.O. Box 1368
Newport Beach, CA 92663
Mr. Don Minard
(714) 556-3280
Project: Newport Harbor High School Landscaping
- $85,486.00
Davidson Field - $133,091.00
Costa Mesa High School Landscaping- $251,466.-
Estancia High School Landscaping - $ 217,711.
Costa Mesa High School Phase II w $183,008.0
Victoria School - $260,000.0-
City of paramount
C/O Willidan Associates
12900 Crossroads Parkway So. Ste. 200
City of Industry, CA 91746
Mr. John McDonald
(310) 908-6200
Project: Sidewalk Improvements Project 09912
- $132,000.00
City of Rancho Cucamonga
10500 Civic Center Dr.
P.O. Box 807
Rancho Cucamonga, CA 91729
Mr. Mike Long
(909) 989-1851
Project:
Rochester Ave. - $315,346.50
Archibald Ave. Entry Monument - $132,271.00
Red Hill Park Maintenance Building
- $147,643.00
County of Riverside
3133 Seventh St.
Riverside, CA 92507-4199
Mr. David Davis
(909) 275-4800
Project: E.L. Pete Peterson Paris &
Lazy Creek Park - $580,000.00
Tehachapi unified School District
400 Synder Ave.
Tehachapi, CA 93581
Mr. .Terry Walton
(805) 822-2100
Project: Thompkins Elementary 8
Golden Hill Elementary
- $515,000.00
PROPOSED -
INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be attached if
necessary.
1. Firm Name-- Bopark Enterprises, Inc.
8560 Vineyard Ave. #103
2. Address- Rancho Cucamonga, CA. 91730 3, Telephone: (909) 987-6752
4. Type of firm -individual, partnership, or corporation; C o r p o r a t i o n
5. Corporation organized under the laws of the State oP• California
6. Contractor's License Number; 505508 Expiration Date: 2- 2 8- 9 5_
(NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER
PENALTY OF PERJURY)
7. List the names and addresses of all members of the firm or names and tides of all
officers of the corporation:
Beaudry T. Parker President/Treas.
Nancy Mellon V.P,/Secretary
8. Number of years experience as a contractor in construction work; 2 0 +
9. List at least six projects completed as of recent date:
Contract
Amount
Class of
Work
Date
Completed
, Name, Addrtss and Phone
Number of Owner
See Attached
10. List the nBme of the pefsorho inspected the site of the proposed work for your firm:
eaudry' '1'. Yarker
Date of inspection: 11-17 -93 w
I I - If requested by the City, the bidder shall furnish a notarized financial statement,
financial data, or other information and references sufficiently comprehensive to permit
an appraisal of his current financial condition.
P-5
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Act" being Sections 4100-4113
of the Government Code of the State of California, and any amendments thereto, each bidder shall
set forth below the name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the construction of the
work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime
contractor's total bid, and shall further set forth the portion of the work which will be done -by each
subcontractor. Only one subcontractor for each portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to be performed
under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall
not be permitted to subcontract that portion of the work except under the conditions hereinafter set
forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was
designated in the original bid shall only be permitted in cases of public emergency or necessity, and
then only after a finding reduced to writing as a public record of the Legislative Body of the owner.
PORTION
OF WORK SUBCONTRACTOR'S NAME AND ADDRESS
None
STATE LICENSE
NUMBER CLASS
By submission of this proposal, the contractor certifies:
l . That he is able to and will perform the balance of all work which is covered in the
above subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered into and bonds
furnished by sub -contractor for this project.
P-G
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193
State of Ca l i. f o r n i a
County of San Bernardino
On 11-22-93 before me, Anne Mellon, Notary Public ,
DATE NAME, TITLE OF OFFICER - E G. *JANE DOE. NOTARY PUBLIC'
fieaudry T. Parker
personally appeared
NAME(S) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
A1+INE MELLON capacity(ies), and that by his/her/their
COMM- #1017472
1�- Qsignature(s) on the instrument the person(s),
%TNOTARY Pi!&JC - CAUMRMIA
SANBERNARDINOCQU?M 9b or the entity upon behalf of which the
MY COMM. EXOM Oct,17,19971 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(IA-4-t n u
SIGNATURE O OTARY
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
INDIVIDUAL
CORPORATE OFFICER(S)
President
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IFS)
: e r r -oil
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT No n c o l l u s i o n Affidavit.
THE DOCUMENT DESCRIBED AT RIGHT: 1
NUMBER OF PAGES
None
DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent traudulent reattachment of this Form. SIGNER(S) OTHER THAN NAMED ABOVE
°:1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 7184
•
•
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
B e a u d r y T . Parker , being first duly sworn, deposes and says:
1.
2.
3.
That he or she is President
making the foregoing bid;
of Bopark Enterprises, t4ePc�arty
That the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation;
That the bid is genuine and not collusive or sham;
4. That the bidder has not directly induced or solicited any other -bidder to put in a faIse
or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain
from bidding;
5. That the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, of fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract;
6. That all statrrments contained in tht bid are true,
7. That the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization,
bid depositary, or to any member of agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury, under the laws of the State of California, that the foregoing is
true and correct.
477--Lpfc�+delrt
L ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE.
P-7
•
•
('Phis guarantee shall be executed by the successful bidder in
accordance with instructions in the special provisions.
The bidder may execute the guaranty on this page
at the time of submitting his bid.)
GUARANTEE
To the City of Huntington Beach, Department of Public Works:
PROJECT: RENOVATION OF LESLIE PRINCE PARK
The undersigned guarantees the construction and installation of all work as indicated in the plans
and delineated in the specifications for the Renovation of Leslie Prince Park.
Should any of the materials or equipment prove defective or should the work as a whole
prove defective, due to faulty workmanship, material furnished or methods of installation, or
should the work or any part thereof fail to operate properly as originally intended and in accordance
with the plans and specifications, due to any of the above causes, all within 12 months after date
on which this finished project is accepted by the City, the undersigned agrees to reimburse the
City, upon demand, for its expenses incurred in restoring said work to the condition contemplated
in said project, including the cost of any such equipment or materials replaced and the cost of
removing and replacing any other work necessary to make such replacement or repairs, or, upon
demand by the City, to replace any such material and to repair said work completely without cost to
the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself
or to have such replacements or repairs done by the undersigned. In the event the City elects to
have said work performed by the undersigned, the undersigned agrees that the repairs shall be
made and such materials as are necessary shall be furnished and installed within a reasonable time
after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his
obligations under this guaranty, the City shall be entitled to all costs and expenses, including
attorney's fees reasonably incurred by reason of the said failure or refusal.
Nov. 22, 1993
Date
Bopark Enterprises, INc.
Beaudry T. Parke5q President
Contractor
P-8
�gEurr 4�O .
UNITED STATES FIDES UARANTY COMPANY
�' feee
(A pony?
BID BOND
BONDNUMBER........................................................................................
KNOW ALL MEN PY THESE PRESENTS:
SOPARK ENTERPRISES,' INC.
THAT...................................................................................................................................................................................................................
:.... of 8560, VINEYARD AVE., SUITE 103
RANCHO CUCAMONGA�....CA 9.1730 , as Principal ,and UNITED STATES FIDELITY AND
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto..........................................................................................
CITY OF HUNTINGTON BEACH
as Obligee, in the full and just sum of..... gN...PERCENT OF THE .AMOUNT BID ..--------
(10% OP BID)------
............................................................................................................................................................................................................................... Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submitting its proposal
CONSTRUCTION OF i_ES!_IE J. PRINCE PARK
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms -and conditions of
the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
if the fatter amount be in excess of the former, but in no event shall UabilRty hereunder exceed the penal sum hereof.
Signed. sealed and delivered .... NOVEMBER 1.8........ 1993..
...........................
(Date)
BOPARK ENTERPRISES, C.
......................................................... (SEAL)
Br
.Y: .... .. ..... .... ... ...�....:�r.'C� ..........(BEAU
UNITED STATES FIDELITY AND GUARANTY COMPANY
BY:
nntrart 71 IRnvi—d) f1-741
I1t=IP
Attorney -In -fact
N° 638225
..A
,O ATTORNEY
�._
NO. 105422
KNOW ALL MEN BY THESE PRESENTS: Thal UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland does hereby constitute and appoint
Robert J, Culp, Jay P. Freeman and Philip E. Vega
of the City of Ontario , State of Calif ornia its true and lawful Attomey(s)-in-Fact. each in their separate
capacity if morn than one is named above, to sign its name as surety to, and to execute, seal and acknowledge say and all bonds, undertaldogs, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
NA executing or guaranteeing bonds and undertakings required or permitted is say actions or proceedings allowed by law.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal,
duly attested by the signatures of its Senior Via President and Assistant Secretary, this 20thday of November A.D. 1992 .
UNITED STATES FIDELITY AND GUARANTY COMPANY
tes (Signed) By...�...... .. ........................
Senior Vice President
"aMl (Signed) By........ .............. ... .. . . .....................
Q Assistant Secretary
STATE OF MARYLAND) �('��
SS: x
` Y
BALTIMORE Cry } f
oa this 2dth day of November 19 92 , before me�tsooally came Ro t J. Lamendola
Senior Vice President of the UNITED STATES F�L A.D.,GUARANTY COM- JPDJY sad Pau MS Assistant
Secretary of said Company, with both of w raonally acquainted, o being by me severally d d, that they, the said Robert J .
Lalnendola and . Sims �i wrre re�the Senior Vice President and the Assistant Secretary of
the said UNITED STATES FIDELITY GUARANTY CO : the corporation desccrribed 'n d which executed the foregoing Power of Attorney; that they
each knew the aril of said corporation; that the seal affrxedAd'i war of Attorney wa�No4rate seal, that it was so affixed by order of the Hoard of Directors
of said corporation, and that they signed their names Thereto -by like order as Senior Vice i ant and Assistant Secretary, respectively, of the Company.
My Commission expirestbe llth��y in . March VA.D. 19 95 .
(Signed)
�(' NOTARY PUBLIC
This Power of Attorney is granted under anauthority of the following Resolutions adopted by the Board of Directors of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on September 24, 1992:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)•in-Fact pursuant to a Power of Attorney issued in
accordance with them resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relatiag thereto appointing
Auoroey(s}in-Fact for purposes only of executing and ancsting bonds and uoderiaLngs and other writings obligatory in the nature thereof, and, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal sball be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly arts bed.
RESOLVED, that AHorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any can, subject to the terms and limitations
of the Power of Attorney issued to them, to execute sod deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory io the nature thereof and any such instrument executed by such Atiorney(s)-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and anested to by the Secretary of the Company.
L Paul D . Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY.
do hereby certify that the foregoing is u •Uue excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect.
L the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in &II force and effect and has not been revoked.
In Ttstimony Wberoof, I have hemunto set my hand and the seal oft STATES FIDELITY AND GUARANTY COMPANY on this 1 �- day
of j9n .19q'3A,
�`
:.'............
i 12687,Assistant Secretary
1 Doi
FS 3 (10-92
•
•
Bopark Enterprises'; Inc.
8560 Vineyard Ave. 7103
Rancho Cucamonga, CA
91730
(909) 987-6752
City of luntington Beach
Dept. of Public Works
2080 plain Street
Huntington ]leach, CA
92648
Sealed Proposal For:
Leslie J. Prince Park
CC-881.
Bid Dale: November 23, 1993
2:00 p.m.
Noy 23 ! PH '93
Is
•
• r �
BID PROPOSAL
L. BARRIOS & ASSOCIATES, INC.
Firms Name
To the Honorable Mayor and City Council of Huntington Beach, California:
In compliance with the notice inviting sealed proposals for the: Renovation of Leslie J. Prince Park
I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials
therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under
the supervision of the Director of Public Works of said City of Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository, the by-
laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor
or materialsman which is not processed through said depository, or which any subcontractor or materialsman from
bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.
For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the
improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the
office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment
therefore at the following unit prices; to wit:
Item
Approximate
item With Unit Price
Unit
No.
Quantity
Written in Words
Price
Total
1.Lump
um
Bonds & Insurance
Two thousand five hundr
d-
Amount written in word fou__rty Six
MoSillization
L.S.
2,546.00
2:
Lump Sum
Nine hundred seventy
eight
Amonat writea in words
L.S.
978.00
J.
ump Sum
Demolition
One thousand nine hundred
Amount written in wordFeventy f ive IL.S.
1,975.00
P-1
Item -
Approximate
Item With Unit Price
Unit
Total
No.
Quantity
Written in Words
Price
4.
80 L.F.
Concrete Seat Wall
Written in words One hundred ninety_ two
dollars
192.00
15,360.00
5.
28 L.F.
Concrete Mow Curb 6" Wide
Written in words Eight dollars
8.00
224.00
6.
56 L.F.
Concrete Mow Curb 12" Wide
Written in words
Fifteen dollars
15.00
840.00
7.
106 L.F.
Concrete Paving
Written in wordsThree dollars and twenty five
3.25
344.50
8.
1 EA
Relocate Existing Sign
Three -hundred twenty five
325.00
325.00
Written in words
9.
2 EA
Galvanized Trash Cans With Lids
Written in words One hundred dollars
100.00
200.00
-10.
2 EA
Clean & Paint Existing Litter Can Holders
Written in words Two hundred dollars
200..00
400.00
Pad oc s
Written in words Ten dollars
10.00 "
20. 00
12.
40 C.Y.
Import Soil
Written in words Twenty five dollars and fifty
25. 50
1,020.00
13.
3 EA
Plastic Tree Grates
Written in words Six hundred dollars
•600.00
1,800.00
14.
1 EA
Catch Basin Grates
Written in words One hundred sixty five
165.00
165.00
15.
12 EA
Palm Trees 6' (brown tnmk height)
Three hundred fifteen
315.00
315.00
Written in words
P-2
•
•
Item
Approximate
Item With Unit Price
Unit
Total
No.
Quantity
Written in Words
Price
16,
29 EA
5 Gallon Shrubs
Sixteen dollars and fifty
Written in words cents
16.55
479.95
17.
258 S.F.
Ground Cover @ 6" o.c.
Writteninword'`ifty eight cents
.58
149.64
18.
935 EA
1 Gallon Shrubs With Ground Cover
Written in words One dollars and three cents
1.03
963.05
19.
1,644 S.F.
Paspalum Vaginatum Stolons & Fertilizer
Written in words Fourty cents
.40
657.60
20.
Lump Sum
Repair Turf Damaged due to Construction
Four hundred fifty
L.S.
450.00
Written in words
21.
Lump Sum
Soil Preparation
Eiht hundred eighty five
-L.S.
885.00
22.
Lump Sum
Irrigation
Six thousand five -hundred
Writteninwords twenty and eighty cents
L.S.
6,520.80
2 .
Lump gum
Thirty (3 ) Day Plant Establishment
Written inwords Three hudnred seventy eight
L.S..
378.00
24.
Lump Sum
Sixty (60) Day Post Maintenance Period
Written in words Eight hundred five
L.S.
805.00
TOTAL---------
----=----- 141,266.54
P-3
It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for
the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon
the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at
the unit prices bid in the proposal schedule.
The undersigned understands the contract time limit allotted for the contract is thirty (30) calendar days, excluding
thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to
exceed one hundred -twenty (120) calendar days.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds
within ten (10) days of -the award of said contract, and to begin work within ten (10) days from the date of
approval of the contract by the City of Huntington Beach, California.
The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the
proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has
investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work
to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans
specifications, and the contract.
Accompanying this proposal is bidders bond6,600.00
NOTICE: Insert the words "Cash," "Certified Check," or 'Bidder's Bond," as the case may be, in an amount
equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to
the City of Huntington Beach as liquidated damages in case this proposal is accepted by- the City and the
undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the
form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within
10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be
retuned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License Nqb I 0 6 i 2
.L. Barrios & Assoc,znc.
BusinessAddres�02 E. Foothill-BlVd.' _San DimasKevin K. Quanstrom(V.P. )
Place of Residence 20560 Stephanie Dr., Covina
Date this 23rdday of November
Bidtier shall signify receipt of all Addenda here, if any:
19 93
Addendum No. Date Rggeived - Bidder's Signature
P-4
0. .
PROPOSED
INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be attached if
necessary.
1. Firm Name• L. Barrios & Associates, Inc.
302 E. Foothill Blvd. Ste. 101 r909)
2. -Address: Sa y., Dimas, Ca91773-1204 3. Tejephone: 592-5893
4. Type of firm -individual, partnership, or corporation: corporation
5. Corporation organized under the laws of the State of: Ca.
6. Contractor's License Number. 640672. Expiration Date--, 3/ 9 4
(NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER
PENALTY OF PERJURY)
7. List the. names and addresses of all members of the firm or names and titles of all
officers of the corporation: r,pn Rarrios Sr -(Owner)
8. Number of years experience as a contractor in construction work* 35 yr$
9. List"at least six projects completed as of recent date:
Contract
Amount
Class of
Work
Date
Completed
Name, Address and Phone
Number of Owner
42,000
irrigation
Cal-MaE Properties
Canyon Rd.
37,374:
1=1-93
City of Duarte 8
33 000
3-3-93
City of Azusa 8 8 -
125,000
maintenan
a current
City of Duarte (818) 357
10. List the name of the person who igTected the site of the proposed work for your firm:
Henry J. Barrios
Date of Inspection- 11-19 - 9 3
11. If requested by the City, the bidder shall furnish a 'notarized financial statement,
financial data, or other information and references sufficiently comprehensive to permit
an appraisal of his current financial condition.
0 856-6184
-7931
5125
-7931
P-5
In compliance with the "Subletting and Subcontracting Fair Act" being Sections 4100-4113
of the Government Code of the State of California, and any amendments thereto, each bidder shall
'set forth below the name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the construction of the
work or improvement in an amount in excess of one-half (112) of one percent (1%) of the prime
contractor's total bid, and shall further set forth the portion of the work which will be done by each
subcontractor. Only one subcontractor for each portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of. the work to be performed
under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall
not be permitted to subcontract that portion of the work except under the conditions hereinafter set
forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was
designated in the original bid shall only be permitted in cases of public emergency or necessity, and
then only after a finding reduced to writing as a public record of the Legislative Body of the owner.
PORTION STATE LICENSE
OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS
Bravo Sign.& Deg�gn-
-concrete sign 641391 C-61 D-42
wall
By submission of this proposal, the contractor certifies:
1. That he is able to and will perform the balance of all work which is covered in the
above subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered into and bonds
furnished by sub -contractor for this project.
P-6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193
State
County of ca
On ' �3 before me
1 ', T� ` M.. O-trrye
DATE l NAME, TITLE OF OFFICER - E.G..'JANE DOE; NOTARY PUBLIC' /
personally appeared AP (d h
❑ personally known to me - OR -proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
OFFICIAL NOTARY SEAL signature(s) on the instrument the person(S),
MARTI BROWN or the entity upon behalf of which the
aMy
NotwytPublic--CaUofnia person(5) acted, executed the instrument.
LOS ANGLES COUNTY Comm. Expires SEP 20.1994
WITNE S my hand and official seal.
g"_ &Zvt��
�.c_.
SIGNATURE OF N ARY
OPTIONAL SECTIO
OPTIONAL SECTION �■
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
Invaluable to persons relying on the document.
INDIVIDUAL
P,ORATE FICER
TITLE'S'
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME PERSONIS) OR ENTITY(IES)
Z • �22�0
'THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT d I Oil jLfY IddVI %
.THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES` DATE OFDOCUMEII�fF/
)Though the data requested here is not required by taw,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.D. Box 7184 • Canoga Park, CA 91309-7184
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
Kevin K . Quanstrom , being first duly sworn, deposes and says:
1. That he or she iVice , President of L . Barrios &Assoc •the party
males g the foregoing bid;
2. That the bid is not made -in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation;
3. That the bid is genuine and not collusive or sham;
4. That the bidder has not directly induced or solicited any other bidder.to put in a false
or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain
from bidding;
5. That the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, of fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract;
b. That all statements contained in the bid are true;
7. That the bidder has not, directly or -indirectly, submitted his or her bid price or any
breakdown thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member of agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury, under the laws of the State of California, that the foregoing is
true and correct.
ATTACH APPROPRIATE CERTIFICATION OF
P-7
inseir
c u n
BID BOND BOND NO. _20271-222
KNOW ALL MEN BY THESE PRESENTS,
That we, _L, _BARRIOS & ASSOCIATES, INC.
as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in
the State of California, as Surety, are held and firmly bound unto , CITY OF HUNTINGTON BEACH _
(hereinafter called the Obligee)
in the full and just sum of 10% OF AMOUNT BID. PENALTY NOT TO EXCEED $6, 600.00- - _ - - - - -
Dollars, (S 6.600 , 00- - - - -_ - -) for the payment whereof in lawful moneyof the United States, we bind ourselves,
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for
LESLIE J. PRINCE PARK % RELANDSCAPE & IRRIGATION
NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may
be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of
the said contract, then this obligation shall be void; otherwise to remain in full force and effect.
;igned and Sealed this 19TH day of NOVEMBER ! _ _ _ , 19 93 .
INDEMNITY COMPANY of CALIFORNIA
B R OS & 5 C ATES INC.
do�- By; ��4
Principal MICHELLE HAASE Attorn y-in-Fact
ICG 307 REV. 241
• 3 A r
POWER OF ATTORNEY OF
"I NITY COMPANY OF CALIFOA
AND DEVELOPERS INSURANCE COMPANY . N2 147073
P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300
J- .
-NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text Is in brown ink, the signatures are :n blue ink and this notice Is In red ink.
4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact. but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***SUSAN C. MONTEON, ALICE RODRIGUEZ, MICHELLE HAASE, ESMERALDA URENO, JOINTLY OR SEVERALLY***
the true and lawful AttOrney(s)-In-Fact. to make, execute, de!'ver and acknowledge, for and on behalf of each of said Corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding Two Mi'lion Five Huncred Thousand Dollars (S2,500.000) in any single undertaking: giving and granting unto said Attorneys) -In -Fact full
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewitn as eacn of said corporations could do. but reserving 10 each of
said corporations full power of substitution and revocation: and all of the acts of said Attorneys) -In -Fact. pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred.by this Power of Attorney do not extend to any of the following ponds. undertakings or cor-Vacts of suretyship:
Bank depository bonds, mortgage deficiency bonds, r-ortgage guarantee bonds, guarantees of irstallment paper, rose guarantee bonds. bonds on financial institutions, lease
bonds, insurance company qualifying bonas,-self-insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24. 1986:
RESOLVED. that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of teem hereby is, authorized to execute Powers of Attorney,
qualifying the attorney(s) named in the Powers Of Attorney to execute, on behalf of the corporation, bonds, t ndertakings and contrails of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation.be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of
Attorney or certificate Bearing such facsimile signatures shall -be valid and binding upon the Corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 1st day of April, 1903.
INDEMNITY COMPANY OF CALIFORNIA
clu
By r
Da a F. Vincentl: Jr.
President
ATTEST
By A�woz4nw—
Walter Crowell
Secretary
STATE OF CALIFORNIA I
) SS.
COUNTY OF ORANGE )
DEVELOPERS INSURANCE COMPANY
By r
MP A4r ^ Dan F. Vincent!, Jr.
` QQ `OpPpA4,b ; President
a'r
'A CCT. S, 1�, ATTEST
IsG7
'Z IF a0.+�y.?
By -
Walter Crowell
Secretary
5,N519�
�Q- o
oRFGR�r1
f of IeAa 27 to
yJ 1079 0
On April 1, 1993. before me. Tiresa'aafua, personally appeared Dar,.e F. Vincentl, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory
evidence) to be the person(s) whose rarne(s) is/are sLbscribec to the within instrument and acknowledged to me that he s-afthey executed the same in his/her/their authorized
capacity(ies), and that by his, her/the:r signa:ure(s) on the instrumert the person(s), or the entity upon behalf of which the person(s) acted, executed the ;nstrLment.
WITNESS my hard and official seal.
Signature
--------------------------------------
OFFICIAL SEAL
w TIRESATAAFUA
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY My Comrttisiipn Exp. Aug. 4. 1905
MfFFMiMM*
CERTIFICATE
The undersigned. as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby
certify that the foregoing and attached Power of Attorney re•nains in lull force and has not been revoked; and furthermore, :het the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. -
This Certificate is executed in the City of Irvine, Califorr. a, this 19TH Cay of NOVENiHER 199 3
INDEMNITY COMPANY OF CALIFORNIA µvAwr
0.PGA4, o
OCT.% ot�
By
L.C. Fiebiger d Of I9fii `'
Senior Vice President s� rrroP+
iD-310 REV. 4193
DEVELOPERS INSURANCE COMPANY
• �Q- �pPCA�
�• � � wArt 271, �
By — 5? 7 1878
L.C. Fiebiger - r+
'
Senior Vice President
�z {-j
C
C-4
L. BARRIOS & ASSOC., INC.
302 E. FOOTHILL BLVD. SUITE 101
SAN DIMAS, Ca 91773-1204
(818) 960-2934 (909) 592-5893
1
TO City Clerk at the Civic Center
City of Huntington Beach
Second Floor Administration Bldg.
2000 NMain Street
Huntington Beach, Ca.
11-23-93 2:00 p.m.
S
0
BID PROPOSAL
S & M LANDSCAPE INC.
Firms Name
To the Honorable Mayor and City Council of Huntington Beach, California:
In compliance with the notice inviting sealed proposals for the: Renovation of Leslie J. Prince Park
I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials
therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under
the supervision of the Director of Public Works of said City of Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository, the by-
laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor
or materialsman which is not processed through said depository, or which any subcontractor or materialsman from
bidding to any contractor who does not use the facilities of or accept bids from or through such bid.depository.
For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the
improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the
office of the Director of Public Works, City of Huntington Beach, California, i propose and agree to take full payment
therefore at the following unit prices; to wit:
Item
Approximate
Item With Unit Price
Unit
No.
Quantity
Written in Words
Price
Total
Lump Sum
on s & Insurance
ONE THOUSAND FIVE HUNDRED AND 00/100**
1,500.00
Amount written in words
2.
• Lump $um
Mobilization
2,500.00
TWO THOUSAND FIVE HUNDRED AND 00/100**
3.
ump um
Liemolition
SIX THOUSAND AND 00/100***
6,000.00
Amount written in words
P-1
Item
'Approximate
Item With Unit Price
Unit
Total
Na.
Quantity
Written in Words
Price
4.
80 L.F.
Concrete Seat Wall
Written in words
ONE HUNDRED AND 00/100
100.00
8,000.00
5.
28 L.F.
Concrete Mow Curb 6" Wide
Written in words
6.
56 L.F.
Concrete Mow Curb 12" Wide
Written in words
FIFi'EEN DOLLARS
15.00
840.00
7.
106 L.F.
Concrete Paving
Written in words FOUR DOLLARS
. 4.00
424.00
8.
1 EA
Relocate Existing Sign
Written in words THREE HUNDRED
300.00
300-00
9.
2 EA
Galvanized Trash Cans With Lids
Written in words FORTY DOLLARS
40.00
80.00
10.
2 EA
Clean & Paint Existing Litter Can Holders
Written in words ONE HUNDRED DOLLARS
100.00
200.00
Locks
Written in words FIFTY
50.00
100.00
12.
40 C.Y.
Import Soil
Written in words
20-00
Ago -pp
13.
3 EA
Plastic Tree Grates
Written in words FOUR HUNDRED AND TWERN
420.00
.260.00
14.
1 EA'
Catch Basin Grates
Written in words
200.00
15.
12 EA
Palm Trees 6' (brown trunk height)
Written in words THREE HUNDRED
300.00
600.00
P-2
-Item
Approximate
Item With Unit Price
Unit
Total
Na.
Quantity
Written in Words
Price
16.
29 EA
5 Gallon Shrubs
Written in words EIGHTEEN DOLLARS
18.00
522.00
17.
258 S.F.
Ground Cover @ 6" o:c.
Written in words SEVENTY CENTS
.70
180.60
18.
935 EA
1 Gallon Shrubs With Ground Cover
Written in words FIVE DOLLARS
5.00
4,675.00
19.
1,644 S.F.
Paspalum Vaginaturn Stolons & Fertilizer
Written in words
FIFTY GENTS
.50
822.00
10.
Lump Sum
Repair Turf Damaged due to Construction
Written in words bNL C-we- vawra-x-o
1.500.00
21.
Lump Sum
Soil Preparation
-
1,150.00
O N L_ !' i5�4- � ,ii t
22.
Lump Sum
Irrigation
6,664.00
Written in words
3.
Lump SM
hirty ( ) Day Plant Establishment
Written in words 4, *,u,
200.00
24.
Lump Sutra
Sixty (60) Day Post Maintenance Period
Written in words
400.00
70M CCNR4!CTR43M
P-3
It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for
the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon
the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at
the unit prices bid in the proposal schedule.
The undersigned understands the contract time limit allotted for the contract is thirty (30) calendar days, excluding
thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to
exceed one hundred -twenty (120) calendar days.
If awaxded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds
within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of
approval of the contract by the City of Huntington Beach, California.
The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the
proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has
investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work
to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans
specifications, and the contract.
Accompanying this proposal is uapLf= r3oog-, (S - 1 o% _ 1
NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount
equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to
the City of Huntington Beach as liquidated damages in case this proposal -is accepted by the City and the
undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the
form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within
10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be
retuned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License No. 638473
Business Address
Place of Residence_ Azijsa., ra _ 91 7n2 -.
Date this 2- __ _day of NOVEMBM , 19 93,_
Bidtier shall signify receipt of all Addenda here, if any:
Addendum No.
Date Rr&fived
S & M INC.
0 -,/C-
4 4'�
Signature of Bidder
Bidder's Signature
P-4
PROPOSED
INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be attached if
necessary.
1. Firm Name- S & M LANDSCAPE INC.-
2. Address: 355 S.-Irwindale Ave. Azusa, Ca, 3. Telephone: (818) 969-1863
4. Type of firm -individual, partnership, or corporation:,
5. Corporation organized under the laws of the State of
6. Contractor's License Number: 638473 C-27 Expiration Date- -
(NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER
PENALTY OF PERJURY)
7. List the names and addresses of all members of the firm or names and titles of all
officers of the corporations
8. Number of years experience as a contractor in construction work;
9. List at least six projects completed as of recent date:
Contract.:Nam,
Amount.
,.Number
Address and Phone
of Owner
• 11
«Y •
10. List the name of the person who inspected the site of the proposed work for your firm:
MIM MACQE _
Date of Inspection: 11-22--93_ ___ ,•
11. If requested by the City, the bidder shall furnish a notarized financial statement,
financial data, or other information and references sufficiently comprehensive to permit
an appraisal of his current financial condition..
ram, Ca.
si r c a.
d Bell Garden
ca.
es
Ca.
P-5
In compliance with the "Subletting and Subcontracting Fair Act" being Sections 4100-4113
of the Government Code of the State of California, and any amendments thereto, each bidder shall
set forth below the namc and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the construction of the
work or improvement in an amount in excess of -one-half (1/2) of one percent (1%) of the prime
contractors total bid, and shall further set forth the portion of the work which will be done by each
subcontractor. Only one subcontractor for each portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to be performed
under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall
not be permitted to subcontract that portion of the work except under the conditions hereinafter set
forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was
designated in the original bid shall only be permitted in cases of public emergency or necessity, and
then only after a finding reduced to writing as a public record of the Legislative Body of the owner.
PORTION STATE LICENSE
OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUM33ER CLASS
Concrete NOBEST INC. P.O.BOX 874 Westminister 359622 Class "A"
By submission of this proposal, the contractor certifies:
That he is able to and will perform the balance of all work which is covered in the
above subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered into and bonds
furnished by sub -contractor for this project.
P-6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193
r State of �=� ■■� OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of �' ' • Though statute does not require the Notary to
fill in the data below, doing so may prove
�7 invaluable to persons relying on the document.
• On i�� a�before me, 0 INDIVIDUAL
DATE It
ME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC'
❑ CORPORATE OFFICER(S)
personally appeared
NAMES) OF SIGNER(S) TITLE(S)
❑ personally known to me - OR - It proved to me on the basis of satisfactory evidence ❑ PARTNER(S) [-]LIMITED
to be the person(s) whose name(s) is/are
GENERAL
subscribed to the within instrument and ac- ❑ ATTORNEY -IN -FACT
knowledged to me that he/she/they executed ❑ TRUSTEE(S)
r the same in his/her/their authorized ❑ GUARDIANICONSERVATOR
;. ROY 1111ORRIS
1 CONIM r'967670 < capacity(ies), and that by his/her/their ❑OTHER:
N0T :F.'. 119L L [ nt 'CkNIA si natures on the instrument the erson s ,
9 () P ()
>''\ ` -; L",: ANGELL3 COUNTY or the entity upon behalf of which the
Cents. Expires June 14, 1996 person(s) acted, executed the instrument.
SIGNER IS RE ESENTING:
W my and and o lCi n NAME OF PERSON(S) OR TY(IES)
SIGNATURE O NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES L DATE OF DOCUMENT
Though the data requested here is not required by law, 1 c� "^
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
's.::1992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
_ uFwn MKZM , being first duly sworn, deposes and says:
1, That he or she is - PREMEW 'of s & M >:AM= DE. the party
making the foregoing bid;
2. That the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation;
3. That the bid is genuine and not collusive or sham;
4. That the bidder has not directly induced or solicited any other bidder to put in a false
or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain
from bidding;
5. That the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, of fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract;
G. That all statements contained in the bid are true;
7. • That the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or divulged information or data relative thereto, or paid, and will
' not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member of agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury, under the laws of the State of California, that the foregoing is
true and correct.
ATTACH APPROPRIATE CERTIFICATION OF N0 #ARY PUBLIC HERE.
P-7
•
(This guarantee shall be executed by the successful bidder in
accordance with instructions in the special provisions.
The bidder tray execute the guaranty on this page
at the time of submitting his bid.)
GUARANTEE
To the City of Huntington Beach, Department of Public Works:
PROJECT: RENOVATION OF LESLIE PRINCE PARK
The undersigned guarantees the construction and installation of all work as indicated in the plans
and delineated in the specifications for the Renovation of Leslie Prince Park.
Should any of the materials or equipment prove defective or should the work as a whole
prove defective, due to faulty %Norkmanship, material furnished or methods of installation, or
should the work or any part thereof fail to operate properly as originally intended and in accordance
with the plans and specifications, due to any of the above causes, all within 12 mont}is after date
on which this finished project is accepted by the City, the undersigned agrees to reimburse the
City, upon demand, for its expenses incurred in restoring said work to the condition contemplated
in said project, including the cost of any such equipment or materials replaced and the cost of
removing and replacing any other work necessary to make such replacement or repairs, or, upon
demand by the City, to replace any such material and to repair said work completely without cost to
the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself
or to have such replacements or repairs done by the undersigned. In the event the City elects to
have said work performed by the undersigned, the undersigned agrees that the repairs shall be
made and such materials as are necessary shall be furnished and installed within a reasonable time
after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his
obligations under this guaranty, the City shall be entitled to all costs and expenses, including
attorney's fees reasonably incurred by mason of the said failure or refusal.
Date
Contractor
P-8
i
INDEMNITY COMPANY of CALIFORNIA
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
BOND NO.50079
That we, S & -M LANDSCAPE INC.
as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in
the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH
(hereinafter called the Obligee)
in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID
Dollars, ($ 10% OF AMT, BID ) for the payment whereof in lawful money of the United States, we bind ourselves, our
heirs, administrators, executors, successors and assigns, jointly and severally', firmly by these presents.
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for
CONSTRUCTION OF LESLIE J. PRINCE PARK CC-881
NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall,.within such time as
may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful per-
formance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect.
Signed and Sealed this 17th
S & M LANDSCAPE
day of NOVEMBER 19 93
INDEMNITY COMPANY of CALIFORNIA
By:g 1v I M
Principal MICHAEL
S
ney-in-Fact
ICC 307 AEV. 9189
POWER OF ATTORNEY'
INDEMNITY COMPANY OF CA&RNIA
AND DEVELOPERS INSURANCE COMPANY N2 161221
P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996.
2. This Power of Attorney is void if altered or it any portion is erased.
3. This Power of Attorney is vo d unless the seat is readable. '.he text is in browr _A, the signatures are n b'je ink and this not ce is in red ;nk.
4. This Power of Attorney shoLio rot be returned to the At:o,ney(s) -in -Fact, but shoLld remain a per ianent pa,! of the ob' gee's records.
KNOW ALL MEN BY THESE PRESENTS, that. except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***MICHAEL D. STONG***
the true and lawful Atiorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars (42,500.000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full
power and authority to do and to perform every act necessary, requisite or proper to be dome�n connection therewith as each of said corporations could do, but reserving to each of
said corporations full power of substitution and revocation; and all of the acts of said Attorneys) -In -Fact. pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the fol;owing bonds. undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds. guarantees of installment paper, note guarantee bonds, bonds on financial institutlons, lease
bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or ball bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is. authorized to execute Powers of Attorney,
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the Corporation, bonds. undertakings and contracts of SLretyship; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any Certificate relating thereto by facsimile, and any such Power of
Attorney or Certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or
contract of suretyship to which it is attached,
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 1st day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA
By r
Da F. Vincenti, Jr.
President
ATTEST
By — Aj��41,e
Walter Crowell
Secretary
STATE: OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
DEVELOPERS INSURANCE COMPANY
By0�uj,.
,kp Alf y
Dan F. Ancenti. Jr.
President
0 F.rC
ppPeR�
o
r
r OCT. $,
s ie67
ATTEST
By --
Walter Crowell
Secretary
S-ASUA?
0 4c,eILPOR*�a�^
MAR.2T, Ip
i7 18p r;
`o
G �(rpygx`w*
On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vince.nh. Jr. enc. Walter Crowell, personalty krown to me (or provided to me on the basis of satisfactory
evidence) to be the person(&) whose names) is/are subscribed to the within instrufnent and acknowledged to me that helsheltney executed the same in hislnerltheir authorized
capacity(ies), and that by hislher/their Signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument.
WITNESS my hand and official seal.
Signature 4vle- __7__ .
----------------------- ---------
OFFICIAL SEAL
t' T1RESATAAFUA
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
r ORANGE COUNTY
My Comm ssion Exp. Avp.1. 1995
CERTIFICATE k
The undersigned. as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior V•ce President of DEVELOPERS INSURANCE COMPANY, does hereby
certify that the foregoing and attached Power of Attorney remains in 1LII force and has not been revoked: and furthermore. that the provis;ons of the resolutions of the respective
Boargs of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine. California, this 17th day of NOVEMBER .199 3
INDEMNITY COMPANY OF CALIFORNIA �9APit y
;G`OpPOR4T 0
i OYT. �
y L.G. Fiebiger w C Isst ' �b
Senior Vice President
1D-310 REV. 4/93
DEVELOPERS INSURANCE COMPANY
9pP a R4f
?` if
� O � 11AR 27. `0 p
By W
L.C. Fiebiger a n Isis
'
Senior V.ce President ° jrCRVO
s & 4W cm anAcape
355 S. _91wil a l -14ue.
:wQ, Ca. 91702
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
200 MAIN STREET
HUNTING"_'ON BEACH, CA. 92648
PROJECT: LESLTE J. PRINCE PARK
BID DATE: 11-23-93
rreTM'Ll. -).An .. ...
•
=/r Ul x a/L 6
M£ go
CITY Ci.M
Ell
r�
� i {
BID PROPOSAL
To the Honorable Mayor and City Council of Huntington Beach, California:
In compliance with the notice inviting sealed proposals for the: Renovation of Leslie J. Prince Park
I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials
therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under
the supervision of the Director of Public Works of said City of Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository, the by-
laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor
or materialsman which is not processed through said depository, or which any subcontractor or materialsman from
bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.
For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the
improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the
office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment
therefore at the following unit prices; to wit:
Item_
Approximate
Item With Unit Price
Unit
Total
No.
Quantity
Written in Words
Price
Lump Sum
on s & Insurance
.
0 �0 • G+-O
•
�4 40 0-b
Amount written to words
2.
Lump Sum
Mobilization
Sv o crb
3.
Lump Fum
r
3000 -m
Amount written in words
P-1
0
•
Lem
Approximate
Item With Unit Price
Unit
TOtel
No.
Quantity
Written in Words
Price
4.
80 L.F.
Concrete Seat Wall
Written in words
- J Att V
5.
28 L.F.
Concrete Mow Curb 6" Wide
Written in words
gO &t
6.
56 L.F.
Concrete Mow Curb 12" Wide
Written in words
c 1J&2=
.S-
yD - c-b
7,
106 L.F.
Concret Paving
,Q�%,�
Written in words
�3 D
8,
1 EA
Relocate Existing Sign
MD.
Written in words
9.
2 EA
Galvanized Trash Cans With Lids
c�
Written in�
10,
2 EA
Clean & Paint Existing Litter Can Holders
Cam_ �dtao
Written in words
/ oo
Pad s
�
Writt- n in�Iords
12.
40 C.Y,
Import Soil
1 a o D - 0-b
Written in ords
13.
3 EA
Plastic Tree Grates
Written in words
9
a, 9Ea • Olt>
14.
1 EA
Catch Basin Grates
50 0 o-D
So 0
Written to words
12 EA
Palm Trees 6' (brown trunk height)
3 0 0. E
Written in words
P-z
•
•
Itemj
No.
Approximate
Quantity
Item With Unit Price
Written in Words
Unit
Price
Total
16,
29 EA
5 Gallon Shrubs
Writt in words
17.
258 S.F.
Ground Cover @ 6" o.c.
Written in wo
18.
-935 EA
1 Gallon 9hrubs With Ground Cover
Writte in words
19.
1,644 S.F.
Paspalum Vaginatum Stolons & Fertilizer
_
Written in words
20.
Lump Sum
Repair TurYjDamaged due to Construction
Written in wordsb-
21.
Lump Sum
Soil Preparation
p rJ
gay C;-6
22.
Lump Sum
Irrigation
a �Q
Written in words
�, 9° a-_�
(�, O'D
23.
Lump um
Thirty (3 ) Day Plant Establishment
Written in words
3 6 D- oT
3 0 D ot
24. -
Lump Sum
Sixty (60) Day Post Maintenance Period
600 rJ
co - 0%
Written in words
-roW Ili
P-3
•
•
It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for
the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon
the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at
the unit prices bid in the proposal schedule.
The undersigned understands the contract time limit allotted for the contract is thirty (30) calendar days, excluding
thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to
exceed one hundred -twenty (120) calendar days.
If awarded the contract, the undersigned hereby agrees to sign said contract "and furnish the necessary bonds
within ten (10) days of the award of said contract, and to begin work within ten (10) days from- the date of
approval of the contract by the City of Huntington Beach, California.
The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the
proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has
investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work
to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans
specifications, and the contract.
Accompanying this proposal is
NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount
equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to
the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the
undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the
form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within
10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be
retuned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License No. 'U10?- 3-b
L r��
G, -
Signature of Bidder
Business
Place of Residence `5 mf_r 4 S 14 9 o v i= l
Date this day of
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date RS&gived Bidder's Signature
P-4
•
Ll
PROPOSED
INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be attached if
necessary.
1. Firm N
2. Address:) C,�v 3. Telephone: ,S
4. Type of firm -individual, partnership, or corporation:
S. Corporation organized under the laws of the State of
6. Contractor's License Number: '`'�yg- 3 �' Expiration Date,•
(NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER
PENALTY OF PERJURY)
7. List the names and addresses of all members of the firm or names and titles of all
officers of the corporation;
8. Number of years experience as a contractor in construction work• �-
9 . List at least six projects completed as of recent date:
Contract
Amount
Class of
Work
Date
Completed
Name, Address and Phone
Number of Owner
Ia9 'L-
''^
310 - Sy S- �,S H m G0
t�,rs�tg13
S
o - -0 3
O06t5 aplIRR,6ATi0
J'Ary 14g3
loA I-r- F-
q67- 3%3-756, L -
10. List the name of the person who insper4ed the site of the proposed work for your firm:
vQ V J D Qc
Date of Inmection: II_�
l 3. If requested by the City, the bidder shall furnish a notarized financial statement,
financial data, or other information and references sufficiently comprehensive to permit
an appraisal of his current financial condition. .
RAaa
P-S
DESIGNATION OF SUBCONTRACTORS.
In compliance with the "Subletting and Subcontracting Fair'Act" being Sections 4100-4113
of the Government Code of the State of California, and any amendments thereto, each bidder shall
set forth_ below the name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the construction of the
work or improvement in an amount in excess of one-half (1/2) of one percent (1 %) of the prime
contractor's total bid, and shall further set forth the portion of the work which will be done by each
subcontractor. Only one subcontractor for each portion shall be listed.
if the contractor fails to specify a subcontractor for any portion of the work to be performed
under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall
not be permitted to subcontract that portion of the work except under the conditions hereinafter set
forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was
designated in the original bid shall only be permitted in cases of public emergency or necessity, and
then only after a finding reduced to writing as a public record of the legislative Body of the owner.
PORTION
OF WORK
STATE UCENSE
SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS
By submission of this proposal, the contractor certifies:
1. That he is able to and will perform the balance of all work which is covered in the
above subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered into and bonds
furnished by sub -contractor for this project.
P-6
INDIVIDUAL ACKNOWLEDGMENT
1
State of -RIJiL On this the Z 7 day of 19(13, before me,
County of ._ 0s SS. �' � ' � I �S _ — -
t_ r
J the undersigned Notary PuUIIc, personally appeared
J3 OLti—
5�2ersonatly known to me
- OFFICIAL NOTARY SEAL ❑ proved to me on the basis of satisfactory evidence
•: 1DE L VAI3DEN StirF1G to be the person(s) whose name(s) _ — subscribed to the
" - NataryPublic— Calilorrna
.� LOS ANGEL7~s couNTY within instrument, and acknowledged that _. _ _ executed it.
My Comm. Expires OCT 27.1995 WITNESS my hand and official seal.
Notary's t nature
ATTENTION NOTARY: Although the rnfomlatlon requested below is OFTIONAL, it could prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE Title or Type of Document --
MUST BE ATTACHED Number of Pages — Date of DocumentTO
THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
G NATIONAL NO RW ASSOCIATION • a W RI.niret Ave -PO. Bea 71a4 - GWmga Park, G4 913D4"7184
L
11
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
D, being first duly sworn, deposes and says:
1. That he or she is of , the party
making the foregoing bid;
2. That the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation;
3. That the bid is genuine and not collusive or sham;
4. That the bidder has not directly induced or solicited any other bidder to put in a false
or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain
from bidding;
5. That the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, of fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract;
6. That all statements contained in the bid are true;
7. That the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member of agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury, under the laws of the State of California, that the foregoing is
true and correct.
ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE.
P-7
•
(This guarantee shall be executed by the successful bidder in
accordance with instructions in the special provisions.
The bidder may execute the guaranty on this page
at the time of submitting his bid.)
GUARANTEE
To the City of Huntington Beach; Department of Public Works:
PROJECT: RENOVATION OF LESLIE PRINCE PARK
The undersigned guarantees the construction and installation of all work as indicated in the plans
and delineated in the specifications for the Renovation of Leslie Prince Park.
Should any of the materials or equipment prove defective or should the work as a whole
prove defective, due to faulty workmanship, material furnished or methods of -installation, or
should the work or any part thereof fail to operate properly as originally intended and in accordance
with the plans and specifications, due to any of the above causes, all within 12 montbs after date
on which this finished project is accepted by the City, the undersigned agrees to reimburse the
City, upon demand, for its expenses incurred in restoring said work to the condition contemplated
in said project, including the cost of any such equipment or materials replaced and the cost of
removing and replacing any other work necessary to make such replacement or repairs, or, upon
demand by the City, to replace any such material and to repair said work completely without cost to
the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself
or to have such replacements or repairs done by the undersigned. In the event the City elects to
have said work performed by the undersigned, the undersigned agrees that the repairs shall be
made and such materials as are necessary shall be furnished and installed within a reasonable time
after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his
obligations_ under this guaranty, the City shall be entitled to all costs and expenses, including
attorney's fees reasonably incurred by reason of the said failure or refusal.
L1s21
Contrac `or
1 3 C(
Date
P-8
• s
I
MERCHANTS BONDING COMPANY
3465 CAMINO DEL RIO SOUTH, SUITE 310, SAN DIEGQ CA 92108
(619) 282-7172 / (800) 624-2415
KNOW ALL MEN BY THESE PRESENTS:
That we,
BID OR PROPOSAL BOND
BELAIRE-WEST LANDSCAPE, INC.
(hereinafter called the PRINCIPAL) and MERCHANTS BONDING COMPANY
(Mutual.), a corporation organized and doing business under and by virture of the laws of
the State of Iowa and duly licensed for the purpose of making, guaranteeing or becoming
sole surety upon bonds or undertakings required or authorized by the laws of the State of
CALIFORNIA as SURETY, are held and firmly bound unto CITY OF HUNTINGTON BEACH
(hereinafter called the OBLIGEE) in the full sum of TEN PERCENT - ----
DOLLARS (S 10% OF BID---- ) lawful money of the United States of
America, for the payment of which, well and truly to be made, we bind ourselves and each of
our successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the above bounden PRINCIPAL is about to hand
in and submit to the OBLIGEE, a bid or proposal date 11-23-93 for: RENOVATION OF
LESLIE J. PRINCE PARK
in accordance with the plans and specifications filed in the office of the OBLIGEE and
under the notice inviting proposals therefor.
NOW THEREFORE, if the bid or proposal of said PRINCIPAL shall be accepted and contract for
such work be awarded to the PRINCIPAL thereupon by said OBLIGEE, and said PRINCIPAL shall
enter into a contract and bond for completion of said work as required by law, then this
obligation shall be null and void, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, said PRINCIPAL and SURETY have caused these presents to be signed and
sealed this 22ND day of NOVEMBER 19 93
BELAIRE-WEST LANDSCAPE, INC.
PRINCIPAL
MERCHANTS BONDING COMPANY (MUTUAL)
SURETY
BY:
JAY P. REENW,! Attorney -in -Fact
MER S BMuruONDINGatCO ANY
—
DES MOINES, IOWA
POWER OF ATTORNEY
Know All ?glen By These Presents. that the MERCHANTS BONDING COMPANY Muruall. a corporation duly organized under the
laws of the State of Irma. and having its principal office in the City of Des 'Moines. Counry of Polk. State of Iowa, hath made, con,ud tutc
and appointed. and does -by these pesents make. conswuie and appoint
Jay P. Freeman and Robert J: Culp
of Pomona and State of California it,trucandlaufulAftomey-in-Fact.uiih fullp,+ucr
and authonty hereby :tinierred in ih name. place and ,tcad. to sign. execute. acknowledge and dcli\er in it, behalf a, surety:
Any and all bonds and undertakings in the normal course of business,
provided no one bond or undertaking shall exceed the penal sum of
Two Hundred Fifty Thousand DOLLARS ($250,000)
and to hind the MERCHANTS BONDING COMPANY iklutualt thercht a% fulh' and it, the ,amc extent a, if such bond or undcnal.in_ ua,
signed by the duly authnrimd odiccr, of the MERCHANTS HONDING C'OSIPANY [Aluwatr, and all the act, of .aid Ath+mey. pur,uant
tU the authun[y herein gi.en. are hereh+ ratified and conlimted.
This Pouer-tsf-Anome% i, made and exceured pur,uan[ to and by authority of the following By -Lau adopted h, the Board +N Dirwor,
of the MERCHANTS BONDING COMPANY (Muivalt.
AwICLL '_. SFCTION 5A. —"The Chaimian of the Board or President or any Vice President or Secreiiry shall hJ,e I, u.r :+n.i
authority to J;+I'••inl Alford%% -in-Fact. and to au[horize them to execute on behall of the Company. and atlach the ]al of the
Company thercio. hands and undertakin_s. rcc0gni7anccs. contract, of indemnity and tither Aritin_, thlivaton tit the nature
thercof."
In %%i;nc„ %Vh.reot. MERCHANTS BONDING COMPANY tNlaruali has caused these present, [o he si_ned by it, dice Prr,id:nt,. and
its corporate seal to be hereto aniseed. chi, 12th day Uf January AD. l,$3
.Ane,t MERCHANTS BONDING COMPANY i\lulual,
STATE OF 10%%A
COUNTY OF POLL
On this 12th da\ of January 1983 before nr: a;+Iti ores:
Rodney Bliss III'and'William W. Warner
it, me personally kno%kn_ who heing b% me dt.ly ,rum did say that they an Vice Presidents respecti\ely of the MERCHANTS BONDING
COMPANY [lxlutua;:. the corp.tration described in the foregoing instrument. and that the Seal affixed to the said tnstrJmen: is the
Corporate Seal of the said CUrporation and that the said instrument was signed and sealed in behalf of said Corporation by Ju[h,+r.[y nt
its Buard of Directors-
•Ig•�SBf'ttr4-'Vhrrepf. I haxc hereunto set hand and affixed my Oific:tI Seal
. VOW
A
'• lA H 11t - ••
'.�••....••.•• STATE OF10�kA
COUNTY OF POLK
1, Rodney Bliss III, Vice President
at the City of Des Moines. loua the dJ, and }ear !irst
7.nl
9-3 -83
tot the MERCHANTS BONDING COMPANY (Mutuall. do hrreby certify that the above and t.mrcoin_' i, a i u, aaJ
Ctirrect copy of the 110WER OF ATTORNEY, executed by said MERCHANTS BONDING COMPANY +V1u[Uai :.lii;h „
,till in force and effect.
In Nitne„ Whereof. I haw hereunto ,ei my hand and arTncd the seal of the Company. at DeS
thn JJy of 19. r
This po„cr of atlomey expires upon revocation -_
�Zw�Z � ^A° "cx
�� G0'
�- iV � � R 7"ri � � � r
RECEIVED
CITY CLERK
"I TY OF
H U N T I H G Tl 0!, it= crP. C A ;L i F.
Noy B 1144 AM '93
11
.BID PROPOSAL LANDSCAPE ENGINEERING INC.
Firms Name
To the Honorable Mayor and City Council of Huntington Beach, California:
In compliance with the notice inviting sealed proposals for the: Renovationof of Leslie J. Prince Park
I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials
therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under
the supervision of the Director of Public Works of said City of Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository,.the by-
laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor
or materialsman which is not processed through said depository, or which any subcontractor or materialsman from
bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.
For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the
improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the
office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment
therefore at the following unit prices; to wit:
Item
Approximate
Item With Unit Price
Unit
No.
Quantity
Written in Words
Price
Total
Lump Sum
Bonds & Insurance
3;1000 00
THREE THOUSAND
Amount written in words
2.
Lump Sum
Mobilization
9,000.00
NINE THOUSAND
Amount writen in 1yordr.
J.
ump um
uemolition
11;.000. 0
ELEVEN THOUSAND
Amount written in words
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Item
AP pioximate
Item With Unit Price
Unit
Total
No.
Quantity
Written In Words
Price
4.
80 L.F.
Concrete Seat Wall
SEVENTY -;DOLLARS:':
5r -�'6 0 0 0
Written in words.
5.
28 L.F.
Concrete Mow Curb 6" Wide
I
N1.NE]_'DOLLARS---_Z,_,_ _1!C)
9.00$
252.0(
Written in words
6.
56 L.F.
Concrete Mow Curb 12" Wide
EIGHT.EEN DOLLARS
Written
18.03
1,008.0(
in words
7.
106 L.F.
Concrete Paving
FIVE DOLLARS
5.00;
530.0(
Written in words
8.
1 fA
Relocate Existing Sign
ONE HUNDRED NINETY FOUR
-_194.'00P
194!.-'0(
Written in words
9.
28A
Galvanized Trash Cans With Lids
ONE HUNDRED SEVENTY FIVE
1175.
--350--0(
Written in words
10.
2EA
Clean & Paint Existing Litter Can Holders
SEVENTY FIVE
Written in words
11.
2 EA
Pad Locks
TWENTY FIVE DOLLARS
25.00;
50.0(
Written in words
12.
40 C. Y.
Import Soil
FIFTY FIVE DOLLARS
55.00$
2,200.-0(
Written in words
13.
3EA
Plastic Tree Grates
FIVE HUNDRED
500.00$
1,500.0(
Written in words
14.
1 FA
Catch Basin Grates
THREE HUNDRED
300.00$
300.0(
Written in words
15.
12 EA
Palm Trees 6' (brown trunk height)
SEVEN HUNDRED FIFTY
750.00
9,000.0
Written in words
F-2
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•
Item
No.
ApOroximate
Quantity
Item With Unit Price
Written in Words
Unit
Price
Total
16.
29 EA
5 Gallon Shrubs
TWELVE DOLLARS
1200
348.0
Written in words
17.
258 S.F.
Ground Cover @ 6" o.c.
ONE DOLLAR
1.00$
258.0
Written in words
18.
935 EA
1 Gallon Shrubs With Ground Cover
FIVE DOLLARS
-:5.00$
4,675.0
Written in words
19.
1,644 S.F.
Paspalum Vaginatum Siolons & Fertilizer
FIFTY CENTS
Written in words
.50822;0
20.
Lump Sum
Repair Turf Damaged due to Construction
TWO THOUSAND
_l;�
r�_�
2,000.0
Written in words
21.
Lump Sum
Soil Preparation
TWO THOUSAND
2,000.0
22.
Lump Sum
Irrigation
FIVE THOUSAND
5,000.0
Written in words
23.
Lump Sum
Thirty (3 ) Day P ant Establishment
ONE THOUSAND FIVE HUNDRED
1,500.0
Written in words
24.
Lump Sum
Sixty (60) Day Post Maintenance Period
TWO THOUSAND
2,000.0
Written in words
Total
62,737.0
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It is understood and agreed that the approximate quantities shown in the.foregoing proposal. schedule are solely for
the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon
the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at
the unit prices bid in the proposal schedule.
The undersigned understands the contract time limit allotted for the contract is thirty (30) calendar days,- excluding
thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to
exceed one hundred -twenty (120) calendar days.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds
within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of
approval of the contract by the City of Huntington Beach, California.
The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the
proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has
investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work
to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans
specifications, and the contract.
Accompanying this proposal is "BIDDERS BOND" 6 300. 00
NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount
equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to
the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the
undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the
form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within
10 days after the bidder has received written notice of the -award of the contract; otherwise said security shall be
retuned to the undersigned.
Licensed in accordance with an act providing for the registration.of contract License No, 6 � 8 2 8 4
Business Address n 2 Q Z WALNUT ST. r PASADENA. CA. 91107
Place of Residence 2178 E. VILLA ST. PASADENA, CA. 91107
Date this 21 day of NOVEMBER , 1q 93
Bidtier shall signify receipt of all Addenda here, if any:
Addendum No. Date Received
i:3 re1:M
Bidder's Signature
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PROPOSED
INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be attached if
necessary.
1. Firm Name- LANDSCAPE ENGINEERING INC.
2. Address:__257fL_F- WAr.NT7T__ST_ -PAR_ _971n7 3. Telephone:gls-44n-1600
4. Type of firm -individual, partnership, or corporation: rnAPQRATTON
5. Corporation organized under the laws of the State of: CALIFORNIA_
(. Contractor's License Number. L a a2R n Expiration Date: 11 l a Q 1 9 4
(NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER
PENALTY OF PERJURY)
7. List the names and addresses of all members of the firm or names and titles of all
officers of the corporation: _.
PRESIDENT MICHALE`.MERLE 2178 E. VILLA ST., PASADENA, CA. 91107
8. Number of years experience as a contractor in construction work- 13
9. List at least six projects completed as of recent dare:
see attached
Contract
Amount
Class of
work
Date
Completed
Name, Address and Phone
Number of Owner
10. List the name of the person who inspected the site of the proposed work for your firm:
141CRALE MERLE
Date of Inspection• NOV. 18, 1993 ^
11. If requested by the City, the bidder shall furnish a notarized financial statement,
financial data, or other information and references sufficiently comprehensive to permit
an appraisal of his current financial condition.
P-5
PROPOSAL
CONSTRUCTION PROJECT REFERENCE
Contract Amount Class of Work
1. 60,000.00 Tree Planting
2. 24,000.00 Extensive Landscape
3. 58,000.00 Park Install
4. 72,000.00 Dry Stream Planter Ren.
5. 38,000.00 General Landscape
6. 21,000.00 Tree Trimming
Date Completed
1. September 1992
2. March 1993
3. January 1992
4. September 1993
5. October 1993
6. November 1993
Name, Address and Phone
Number of Owner
Griffith Co. - Tim Crosby
(310) 92 9-112 8
Reaume Co. - Greg Reaume
(818)795-7810
F 2M Co. - Dean Davidson
(805) 949-7715
Santa Ana Civic Center
Nick Godinez
Cal Poly Pomona
Jack Hearn
City of Redondo Beach
Harry Johnson
(310)372-1171
•
In compliance with the "Subletting and Subcontracting Fair Act" being Sections 4100-4113
of the Government Code of the State of California, and any amendments thereto, each bidder shall
set forth below the name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the construction of the
work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime
contractor's total bid, and shall further set forth the portion of the work which will be done by each
subcontractor. Only one subcontractor for each portion shall be listed
If the contractor fails to specify a subcontractor for any portion of the work to be performed
under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall
not be permitted to subcontract that portion of the work except under the conditions hereinafter set
forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was
designated in the original bid shall only be permitted in cases of public emergency or necessity, and
then only after a finding reduced to writing as a public record of the Legislative Body of the owner.
PORTION STATE LICENSE
OF WORK SUBCONTRACMR'S NAME AND ADDRESS NUMBER CLASS
By submission of this proposal, the contractor certifies:
1. That he is able to and will perform the balance of all work which is covered in the
above subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered into and bonds
furnished by sub -contractor for this project.
P-6
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
BRENDA NIEMI , being first duly sworn, deposes and says:
INC.
I . That he or she is MICHAEL ,MERLE ofT�ANDSCAPE ENGINEERINGthe party
malting the foregoing bid;
2. . That the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation;
3. That the bid is genuine and not collusive or sham;
4. That the bidder has not directly induced or solicited any other bidder to put in a false
or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain
from bidding;
S. That the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, of fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract;
6. That all statements contained in the bid are true,
7. That the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member of agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury, under the laws of the ate of California, that the foregoing is
true and correct. _ % t� \ A
ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE.
P-7
(This guarantee shall be executed by the successful bidder in
accordance with instructions in the special provisions.
The bidder may execute the guaranty on this page
at the time of submitting his bid.)
GUARANTEE
To the City of Huntington Beach, Department of Public Works:
PROJECT: RENOVATION OF LESLIE PRINCE PARK
The undersigned guarantees the construction and installation of all work as indicated in the plans
and delineated in the specifications for the Renovation of Leslie Prince Park.
Should any of the materials or equipment prove defective or should the work as a whole
prove defective, due to faulty workmanship, material furnished or methods of installation, or
should the work or any part thereof fail to operate properly as originally intended and is accordance
with the plans and specifications, due to any of the above causes, all within 12 months after date
on which this finished project is accepted by the City, the undersigned agrees to reimburse the
City, upon demand, for its expenses incurred in restoring said work to the condition contemplated
in said project, including the cost of any such equipment or materials replaced and the cost of
removing and replacing any other work necessary to make such replacement or repairs, or, upon
demand by the City, to replace any such material and to repair said work completely without cost to
the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself
or to have such replacements or repairs done by the undersigned. In the event the City elects to
have said work performed by the undersigned, the undersigned agrees that the repairs shall be
made and such materials as are necessary shall be furnished and installed within_ a reasonable time
after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his
obligations under this guaranty, the City shall be entitled to all costs and expenses, including
attorney's fees reasonably incurred by reason of the said failure or refusal.
NOV. 2I. 1993
Date
P-8
Dated_ Nov._ 18, 1993_
STATE OF CALIFORNIA
County of S e V!S
On Nov. 18, 1993 befofe me, the
undersigned, a Notary Public in and for
said S a e, %erso al], appWdopcL5f'.r1L
personally known to me (or proved to me - -; �a+�►
on the basis of satisfactory evidence) �`�� ��Sty�~ ` �2z103
to be t-he person whose name subscribed
to th within instrument and acknowledged
that within
executed the same. Witness
my hand and official seal.
1 Signature of Not ar"ji:� _ (Notarial Seal)
1.
a
•
•
a•
THE AMERICAN INSTITUTE OF ARCHITECTS
AfA Document A370
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we -
me,r mrr,j lull name and add,ro or teF+t litlf of [Pn11a00.1
as Principal, hereinafter called the Principal, and TAFT, MARCS & LMERY c/o Tully Insurance
(mere insert full name and address ow r;al 1,1r of Su+ely+
a corporation duly organized under the laws of the State of California
as Surety, hereinafter called the Suretyr are held and firmly bound unto City of_ Huntington Beach
tl4ere. imrit lull name and address or IeFa1 pile ot o.,nrrl
2000 Main St., Huntington Beach 92648
as Obligee, hereinafter called the Obligee, in the sum'of
10% of $ 62, 737. 00 Dollars (5.6, 273.70
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
tHere injnt full n.r.te• aaureas and dru-ial.nn nt pinirct`
Renovation Of Leslie Prince Park
NOIV, 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 she bidding
or Contract Dncuments with good and sufficient surety for the faithful performance of such Contract and for the prompl
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penail�-
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
wish another party to perform the Woo covered by said bid, then this obligation sfrall be null and void,+olher„'tse to remain
in full Force and effect. I A
Signed and Sealed this
r.>ear)
tiritness)
S
f5urely) jurin 151 y
�.
V
AtA DOCUMENT A31t1 • DO BOND • AIA & • rEBF.UARY 1970 ED • THE AMMICAN
r.,r-IT"It tnF ARCHITECtS, 173S N.Y. AVE., NA ., w•ASHINCION, D.C. 20006 y
TAFF, MARLS & LOVf'EERY
POWER OF ArMRNEY
KNOW BY ALL MEN BY THESE FRE,SFISM: That Taft, Mares &
Lowery, with its offices at 903 Black Diamond Way, Lodi, California 95240,
does bcnby constitute and appoint SAM IRVING as its true and lawful
Attorney -in -Fact, to make, execute, seal and deliver for, and an its behalf as
surety, any and all bonds, andertaidngs or other writings obligatory in the natmm
of a bond as follows:
Any sncb obligation for any amount.
This appointment is made under and by the authority of a resolution which
was passed b the Executive Committee of the Board of Directors of Taft, Marrs
d� Lowery_
Resolved, that the signature of the Attorrtcy-in Fact, and the seal of the
Company may be affixed by facsimile on any power of attorney granted. or the
signature of the Secretary or Assistant Secretary and the seal of the Company may
be affixed by facsimile to any certificate of any such power and any such peer or
certificate bearing such facsimile signature and seal shall be valid and binding on
tt y-
IN WITNESS THEREOF, Taft, Marrs & Lowery has caused this
Instrument to be signed by its MANAGING DIRECTOR and its Corpvwe Seal
to be affixed this I l th Day of October, 1993.
SEAL
�Y-� �..•,M-Ly
• Mark Corman, Managing Director
`aft, Marrs & Lowery
RECZ. -'VF
F.
iL
BI D- ENCLOSED•
1
LANDSCAPE ENGINEERING
' INCORPORATED
2510 EAST WAI NUT STREET. SUITE A
PASADENA, CALIFORNIA 91 107
10: CITY
OF HUNTINGTON BEACH
CITY
CLERK - SECOND FLOOR
2000..
AIN STREET
HUNTINGTON
BEACH, CA.
BID
I
DATE: NOV. 2?3, 1993 2PM
l
Is
: RYCO CONSTRUCTION, INC.
BID PROPOSAL
P.O. BOX Mums Name
` GARDENA, CA 90247
To the Honorable Mayor and City Council of Huntington Beach, California:
In compliance with the notice inviting sealed proposals for the: Renovation of Leslie J. Prince Park
I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials
therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under
the supervision of the Director of Public Works of said City of Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialsman through any bid depository, the by-
laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor
or materialsman which is not processed through said depository, or which any subcontractor or materialsman from
bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.
For the furnishing of all labor, materials and equipment and/or all incidental work necessary to deliver all of the
improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the
office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment
therefore at the following unit prices; to wit:
Item
Approximate
Item With Unit Price
Unit
No.
Quantity
Written in Words
Price
Total
ump sum
Bonds & insurance
UNC- t�v G 4.
Amount written in words
2.
Lump Sum
Mobilization
ov�/C- 1-7,01imv eve d&*p ax"-Alt!
ump Sum
Demoution
rW ��j - N<.e1C= d01-i-�?��
►
�
Amount vMtten in words
Item,
Approximate
Item With Unit Price
Unit
Total
No.
Quantity
Written in Words
Price
4.
80 L.F.
Concrete Seat Wall
orgC J)WPAM AJIA7 fY- v,vC:-� 001c.4�S
Written in
igl,OID
!�
words
5.
28 L.F.
Concrete Mow Curb 6" Wide
OocAl'O
.00
� . aZ>
Written in words
6.
56 L.F.
Concrete Mow Curb 12" Wide
rtKC-edcJ
Written in words
Flo. 0D
7.
1061dK
Concrete Paving
S.
rrU� r�Lc�a�l
5. ��
Written in words
8.
1 EA
Relocate Existing Sign
646 NOMD�& D9 &bAl- '
jOO . aZ)
100 _ oa
Written in words
9,
2 EA
Galvanized Trash Cans With Lids
tCv�uTy - Ft v� >�or✓c,•a2I
ZS . Oj
50.0 2
Written in words
10.
2 EA
Clean & Paint Existing Litter Can Holders
014e kwowi -`oi Axvt4lzl
loo - 03
-zoo. 60
Written in words
Locks
7i.�hr'Y t3a Lc.✓��2J
Zo . �
40 . w
Written in words
12.
40 C.Y.
Import Soil
72✓ igry 901 LAfZf ^
3u, an
Written in words
13.
3 EA
Plastic Tree Grates
WuAYh&-V rWW-%r,-Y vb",V-f
4--7,D
Written in words
14.
1 EA
Catch Basin Grates
Me HF>y Aju'lvd
Written in words
15.
12 EA
Palm Trees 6' (brown trunk height)
V30.0.3 .
1 r>Lod , au
Written in words
P-2
•
Item
Approximate
Item With Unit Price
Unit
Total
No.
Quantity
Written in Words
Price
16.
29 EA
5 Gallon Shrubs
7N//2-i'y 00&L JI f
'P70.00
Written in words
17.
258 S.F.
Ground Cover @ 6" o.c.
Written in words
18.
935
1 Gallon Shrubs With Ground Cover
S,
7ZUc7 DiD Lc AI2f
2,. o-)
1970 . W
Written in words
19.
1,644 S.F.
Paspalum Vaginatum Stolons & Fertilizer
4te 4ruk,3 �'�� dOL'j-AA)-
15ra
Z4�G -�
Written in words
,
20.
Lump Sum
Repair Turf Damaged due to Construction
FMC MVfj if24--"
4CO .,so
4W ..ru
Written in words
21.
Lump Sum
Soil Preparation
914, r Wl1v/Ji2e t)a c.t.4 i2f
�qp . r u
.
22.
Lump Sum
Irrigation
PPI(IrW0S4A)Ja �u-A�f
rs�o��i�
��,Ow.wu
Written in words
23.
Lump um
hirty () Day Plant Establishment
/V,)R Niv PO e- L-rq/Li
4co .,o J
'm)D' W
Written in words
24.
Lump Sum
Sixty (60) Day Post Maintenance Period
i��w7 2d� A-X,4-04/9f
Sod .03
Written in words
ro
P-3
,t
It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for
the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon
the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at
the unit prices bid in the proposal schedule.
The undersigned understands the contract time limit allotted for the contract is thirty (30) calendar days, excluding
thirty (30) days plant establishment and (60) days landscape maintenance periods. The total contract time is not to
exceed one hundred -twenty (120) calendar days.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds
within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of
approval of the contract by the City of Huntington Beach, California.
The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the
proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has
investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work
to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans
specifications, and the contract.
Accompanying this proposal is
NOTICE: Insert the words "Cash,' "Certified Check," or "Bidder's Bond," as the case may be, in an amount
equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to
the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the
undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the
form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within
10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be
retu-ned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License No. • t>IJ
RYCO CONSTRUCTION, INC.
STATE LICENSE NO.342183
P.O. BOX 327
Business Address GARDENA, CA 902-7
Place of Residence ' 0- X �;g (-
Date this day of
Bidtaer shall signify receipt of all Addenda here, if any:
19 "I3
dden um No. Date Received Bidder's Signature
P-0
PROPOSED
INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be attached if
necessary.
RYCO CONSTRUCTION, INC.
1. Firm Name-, Q14i LQNS9 AIQ 242322
9 j jj,,
2. Address: P.O. BOX 327 3. Telephone _` l`��
4. .Type of firm -individual, partnership, or corporation:
5. Corporation organized under the laws
�offtthe State of
6. Contractor's License Number: �[' 1 L_ 19 ? 4 .`Expiration Date• ` 4
(NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER
PENALTY .OF PERJURY)
7. List the names and addres s of mem s of the or n e d ' 1 s o 1 l , �L
officers of the corporation; IOt- #--
7 wI
8. Number of years experience as a contractor in construction works
9. List at least six projects completed as of recent date:
Contract
Amount
Class of
Work
Date
Completed
Name, Address and Phone
Number of Owner
ALA1
I�r�3
Crf AF c.uub tL& 3 /,rli
-
,. ✓
wemti&n E4 - /d 54
Qq J-
✓
✓
LAF VIA4 Nalf
yd yk 4110
to p—LAo—
✓
CC L C ti to
i�ov,�-
✓ Vol
utYOV AVk4 &44
10. Lis,I.(he name of tl}Mson y,vhqAnspected the site of the proposed work for your firm:
Date of Inspection•
11. If requested by the City, the bidder shall furnish a notarized financial statement,
financial data, or other information and references sufficiently comprehensive to permit
an appraisal of his current financial condition.
P-S
In compliance with the "Subletting and Subcontracting Fair Act" being Sections 4100-4113
of the Government Code of the State of California, and any amendments thereto, each bidder shall
set forth below the name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the construction of the
work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime
contractors total bid, and shall further set forth the portion of the work which will be done by each
subcontractor. Only one subcontractor for each portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to be performed
under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall
not be permitted to subcontract that portion of the work except under the conditions hereinafter set
forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was
designated in the original bid shall only be permitted in cases of public emergency or necessity, and
then only after a finding reduced to writing as a public record of the Legislative Body of the owner.
PORTION STATE LICENSE
OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS
NG . W)"' COA)VI
By submission of this proposal, the contractor certifies:
1. That he is able to and will perform the balance of all work which is covered in the
above subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered into and bonds
furnished by sub -contractor for this project.
P-6
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
on November 23, 1993 before me, Mary Byrne, Notary Public,
personally appeared Madeline Ryan (X) personally known to me
OR ( ) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/&rasubscribed to the within
instrument and acknowledged to me that--he/she/they executed the
same in hir./her/their authorized capacity(ies), and that by
b-is-Jher/tbsiz-signatures) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the
instrument.
Witness my hand and official seal.
WRY BYRNE
NOTARY PUOLiC
STATE OF CALIFORNIA
✓� +:; /
F:;:NUP L C: FICE IN
LOS ANGELES COUNTY
MY CM:lmissian Expirer. hlav 10, 1994
��IZX'64V
Y BYRNE
NOV-10-1993 01:42PM FROM 00000000000000000 70 12132456112 P.02
1NONCOLLUS19 AFFIDAVIT TO BE EXECUTED B DER
AND SUBMITTED Wild BID
Madeline Ryan being first duly sworn, deposes and says:
1. That he or she is President of Ryco Construction, Inc,. the party making the
foregoing bid
2. That the bid is not made in the interest of, or on behalf of, any undisclosed -person, partnership,
company, association, organization, or corporation;
3. That the bid is genuine and not collusive or sham;
4. That the bidder has not directly induced or solicited any other bidder to put in a false or share bid,
and has not directly or indirectly colludod, consd. connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone refrainfrorn bidding;
5. - That the bidder has not in any manner, directly or indirectly, sought by agreement;. communication,
or conference with anyone to fix the bid price of the bidder or any other bidder, of fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder. or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract;
6. That all statements contained in the bid are true;
7. That the bidder has not. directly or indirectly, submitted his or her bid once or any breakdown
thereof, or divulged information or data relative thereto, or paid, and arils not pay. any fee to any
corporation, partnership, oompany association, organization, bid depository, or to any member of.
agent thereof to effectuate a co ustve. or sham bid
Ideclare under penalty of perjury, under the laws of the State of California, t e foregoing is true and correct.
D s S,
ATTACH APPROPRIATE CERTIFICATION OP NOTARY PUBLIC HEM
P7
F
•
E
(This guarantee shall be executed by the successful bidder in
accordance with instructions in the special provisions.
The bidder may execute the guaranty on this page
at the time of submitting his bid.)
GUARANTEE
To the City of Huntington Beach, Department of Public Works: '
PROJECT: RENOVATION OF LESLIE PRINCE PARK
The undersigned guarantees the construction and installation of all work as indicated in the plans
and delineated in the specifications for the Renovation of Leslie Prince Park..
Should any of the materials or equipment prove defective or should the work as a whole
prove defective, due to faulty workmanship, material furnished or methods of installation, or
should the work or any part thereof fail to operate properly as originally intended and in accordance
with the plans and specifications, due to any of the above causes, all within 12 months after date
on which this finished project is accepted by the City, the undersigned agrees to reimburse the
City, upon demand, for its expenses incurred in restoring said work to the condition contemplated
in said project, including the cost of any such equipment or materials replaced and the cost of
removing and replacing any other work necessary to make such replacement or repairs, or, upon
demand by the City, to replace any such material and to repair said work completely without cost to
the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself
or to have such replacements or repairs done by the undersigned. In the event the City elects to
have said work performed by the undersigned, the undersigned agrees that the repairs shall be
made and such materials as are necessary shall be furnished and installed within a reasonable time
after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his
obligations under this guaranty, the City shall be entitled to all costs and expenses, including
attorney's fees reasonably incurred by reason of the said failure or refusal.
[ 2-9:3
Date
F- !W%� "Ma L ffifoo
=��vrr I A ...,
P-S
INDEMNITY COMPANY of CALIFORNIA
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, Ryco Construction, Inc.
BOND NO. -----
PREMIUM: INCLUDED
IN BID BOND SERVICE
as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in
the State of California, as Surety, are held and firmly bound unto
City of Huntington Beach
in the full and just sum of
ten percent the amount bid
(hereinafter called the Obligee)
Dollars, ($ I for the payment whereof in lawful money of the United States, we bind ourselves, our
heirs, administrators, executors, successors and assigns, Jointly and severally, firmly by these presents.
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for
Renovation of Leslie J. Prince Park (CC8$1)
NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as
may be specified, enter into the contract in writing, end give bond, with surety acceptable to the Obligee for the faithful per-
formance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect.
Signed and Sealed this
23rd
day -of November 19 93
INDEMNITY COMPANY of CALIFORNIA
Ryco Construction,'Inc.
By:
Principal
POWER OF ATTORNEY OF
I&MNITY COMPANY OF CALIF A
AND DEVELOPERS INSURANCE COVANY Nd 138984
P.O. BOX 19725, IRVINE. CA 92713 • (714) 263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 199B.
2. This Power of Attorney is void if altered or it any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink. the signatures are in blue Ink and this notice is in red Ink.
4. This Power of Attorney should not be returned to the Attorneyis)-In-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***JOHN D. HUNSINGER, T. L. O'LOUGHLIN, WILLIAM C. VAN ROOY, MARY BYRNE, JOINTLY OR SEVERALLY***
the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said Corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars (S2,500,000) in any single undertaking; giving and granting unto said Attorneys) -In -Fact full
power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of
said corporstlorls full power of substltution and revocation; and all of the acts of said Attorneys) -In -Fact, pursuant to m ose presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Dank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease
bonds, insurance company qualifying bonds. sell -insurer's bonds. fidelity bonds or bail bonds.
This Power of Attorney Is granted and is Signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney.
qualifying the attorney(s) named in the Powers of Attorney to execute. an behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of Suretyship to which it is attached.
IN WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 1 si day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA
By ____a r
Da F. Vincenti. Jr.
President
ATTEST
By-
WalteriCrowell
Secretary
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
DEVELOPERS INSURANCE COMPANY
By r
I&Q•My Dan F. Vincenti, Jr.
GO,spa R4O� President
r
W CCT )c ATTEST
Tingrie
By 4A
Walter Crowell
Secretary
On April 1. 1993, before me, Tiresa TaBiva. personally appeared Dante F. Vincenti. Jr. and Walter Crowell, personally known to me (or provided 10 me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/tneir authorized
capagity(ies). and that by his/her/their signature(s) on the instrument the person(9), or the entity upon behalf of which the personisl acted, executed the instrument.
WITNESS my hand and official seal.
Signature
� "0" OFFICIAL SEAL
TIRESA TAAFUA
NOTARY PUBLIC - CALIFORNIA
° PRINCIPAL OFFICE IN
ORANGE Commission
Mr Comfsion Eyp. Aug.1. 19135
CERTIFICATE
The undersigned. as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA. and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective
Boartfs ,of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. -
This Certificate is executed in the City of Irvine, California, this 23 rd day of November , 199 3
INDEMNITY COMPANY OF CALIFORNIA �p�Vt•
jFP
By
CC. Fiebiger a President ynT�rroA��Va Sant
ID-310 REV. 4/93
DEVELOPERS INSURANCE COMPANY
u: s Lip
��j I'
o •
wAq-21. )CO,
By L.C. Fiebiger
�, 979 ! b
Senior Vice President
RYCO CONSTRUCTION, INC.
STATE LICENSE NO.342183
P.O. BOX 327
GARDENA. CA 99247
r j
��o�tz t�sue S ��ace ve�R� ��-ffii
CYO: Nm1�mv��R 23, lqq3 +Pm�R' 2 wprn.