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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 g:cc`nscplgs t 1p R 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 0 • 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 .S- 00 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 EA 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' AOOF1E6 NA6CM EO11661 41 FYEMMI ..[ N RET. CI77 CQumCIL 01DWAYCE x6_ 624 i iDwl aR.N.NE .1r R M ..T q NEE.DE6 76 E.TE ..Y. 1O 76 T1f CITE. 6/ R.CM M.r W AYENOEO LASE ORD4C EE AENOEQ OND.MQ. LEQENO- �� Q NMEE I.aT RLEOE.Cl 6NTRK. 4.16.6E 411 106T _ N6NNr tL..LIIO.. N6ACT 7.10.6{ 47 4074 .LR.R1 [I[gRT 1R.16F.1E1FL m'.KT 11•E •64474 1061 �] UrITl1 ..LT1u rNmI 11003= cwmR 6 •21•61 ST." ISal [f{] O�rN.Iri I.E116.E 111111 CT 'S 6. 6 6 66-24 1! 2 6 n...Eo M osT..ci 11 . 3 • T1 75-06 2019 Cpry.rtr IKaI1Kf IKC.[.l E)Y.L7 p1.I R5T .,11KI a•16.76 n-016033 �T[.r.N .[C.[aTgy p1,iwCr CW.Ttl EVE61 I-3-7T 7{-23,06 -- K11r1 IIK O-T-P 61-01 632+ 7•w-67 6s-0c 2sw --_ M6 .Ttl I —It 6TIEETS '-- T-2da M•7 27D6 7"X=� C d 00 SOLSA AVE 1[ 0 ARGOSY ez MF FA D AVE t � EDINGER AY CENTER DRIVE : t U V HEIL AV m -� WARN r SLATER AVE 0 Z c 0 ,p 0 0 ccJ go0 I 7AL9ERT AVE 9�' i col --- 19LLISAYE I N I �s t GARFILED AVE 3 'A YORK row N AYE ADAMS AVE rLLQ ` 09uj ct yc IN A I ' AVE > .~ •' N • •ti O �a ,. C w ATL HTA O AVE 0 x p t9 = o y � Hm m AVE--- x CITY OF HUNTI NGTON 5EACH . =� 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 -t Lp, il�rc+cicn� C� ji4-00??12_ LA X�,� / ;n Ala,71L-47fn, 2- 6 C_ . - ,C¢s tee' J/ 2-3 - 9 3 CR • 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 P-1 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 • • 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 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 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 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- 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.