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HomeMy WebLinkAboutH.J.H. WESTERN CONTRACTORS, INC - 1983-04-04WHIN RECORDED MAI! TO: ~ Gin' OF HUNTINGTON BEACH Office of 1k,, laity Clerk P. 0. 130x 190 Huntin►luo ©r► ch. Calif. 9261AF 83`01530 NOTICE OF COMPLETION CC-624 RE C�Dhf 4 �� 0 f iC11! WOW f.OW Of DWiU C01101fY, CallPJ!S1L .�ic►u NA JUL �3 TJ I rr A. RRANCH. County Recofdet NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Coun:.il of the City of Huntington Beach, California to ki. J. H. WESTERN CONTRACTORS, IiIC. 14450 Hoover Street. Westminster, CA. 92683 who was the company thereon for doing the following work to -wit: construction of Adventure Playground Pond, Project CC-624, in the City of Huntington Beach, CA. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was acceoted by the City Council of the City of Huntington Beach at a regular meeting thereof held on July 5.1983 That upon said contract the RELIANCE INSURANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 6th day of July 3, 1983 . STATE OF'CALIFORNIA ) County of Orange ) ss: City of Huntington peach ) Alicia M. Wentworth My Clerk and e,,-.of tcio Clen-k of the Ci ty Counci 1 of the Ci ty of Hunti noton Beach, California Connie A Brockway fls�. � _1 I ' C1erLIof the WiNTWORTH, hefdUl elected and qualified.City Clerk'and 'e"x-officio k y o , he City of. Hunti-ngton Beach, California do; hereby certify,, under. penalty of perjury.,, that ,the foregoing NOTICE OF COMPLETION is true. s' :V,n : correct',;:and thatsaid 'NOTICE, OF COtPLETION was duly and regularly` ordered to be ; recorded i n .`the Of five of the Ccunty Recorder of Orange County by said City Coundl. s l Dated at' Huntington Beach, California, this 6th day of Ju1Y19 83 Thigdociixent i ''solely, for the ortloinl business of tho`citT. ' aliHunt:iP!tva geaCh;`'as 'con am- Alicia: M.. Weritt�ot tit . , and ex -of fi cio' C1 er p rnmoQt. Code City, -Clerk L�t,�r3 under (3ove . . of the City Council 'of the City r*Cok'*,a ). �103 at�d ,nt�ould be � :�. c. un i ng ors Beach a � ern a Je ' ` ;. Conni e A. Brockway ��� i • C C 4 i " -62 c CITY FUNDED PUBLIC WORKS CONTRACT � THIS AGREEMENT, made and entered into on this tthh, day of April , 1983, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and HJH WESTERN CONTRACTORS, 1NC., at corpor,ation, hereinafter t efet r ed to as 11CONTRACTOR. r � r. WHEREAS, CITY has solicited bids for a public works project �•� (herein as PROJECT) more fully described as the construction o:' Central Park/Adventure Playground Pored --CC 624,'and WHEREAS, CONTRACTOR has been selected and is to perform said work, NSW, THEREFORE, in consideration of the promises and agreements hersinaf ter made and exchanged, the parties covenant and agree as follows: CONTRACTOR shall Furnish, at his own expense, all labor, ; plant, tools, equipment supplies, transportation, utilities and all ' r 'othet, items and facilities necessary to complete and construct, in a i good and workmanlike maniner, PROJECT. f CONTRACTOR agrees to furnish all said services and ;. material contemplated and embraced in this agreement, and assume loss and damage arising out of Lhe nature of the aforesaid work r & I r 7 . Wit. ;� 't .'s!'1 r 1'i' i f•(` �.V r jo during i`s pvogvess ov prior to acceptance from the action of the elements, and from any unfoveseer. difficulties which may arise or be encountered in she piosecution of work and `'or all other, risks of h description connected with the work; and all expenses incurred by or, �; in consequence of the suspension or discontinuance of wovic, excF;pt �t such as are expr•ess?y stipulated to be bowie by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this agreement and in accordance with the requirements of CITY under` them for the compensation snit forth in its accepted bid proposal. t However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually pet formed in accot•dance with the stipulated pt•ices named in the Bid Sheet(s). 2. AQQgElANCIL. ONDxT ON5 QE VOL SPf;C FIC XIM CONTRACTOR acknowl:idges that he is fully familiar with all the terms, conditions and obligations of the Conti•a-t Documents, as hereinafter, defined, the location of the jobsite, and the conditions under which the work is to be pevforined, and that he enters into this contract based upon his investigation of all such matters and in in no way relying 'upon any opinions or representations of CITY. It is further agr•�.ed that the Contract Documents are incorpor•-- f:;M ated in this contract by this vefevenic:e, with the same force and affect as If the same were set forth at length herein, and that - and its subcono'tr actors , if any, will be and.ave bound by CONTFcACTOR any. aid all, of said Coritt•act Documents insofar• as trey relate in any ;i '•`f `/7 •.I- •1 .__�..�a f.dAf. f. .•.-.JtiiYkkleir.� — ---' __ _---_—__— - 1� part ov in any Way, dit•ectly ov indirectly, to the work covered by this contvar" t . , "Contract Documents" as defined herein mean and include: A. This contract agreement; B. Bonds for the work covered by this contract:; .';. 3, C. The CITY'S standard plans and specification, and special contractual provisions, including t'h.-)se on file in theW. office of the Director of Public Works of C17Y and adopted by the City Council of CITY and any revisions, amendments or addenda thereto, the 1982 edition of Standard SoegjCjg,atjons for Pab1,jal published by Buildet• I Neus, Inc . , 3055 Ovevland ' ...- Avenue, Los Angeles, CA 90034, and all Amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Asst;ciNt ion and the Southern California District Asso- ciated General Contractors of the Califovni.a Joint Cooperative D. Bid documen os including the Nottce Inviting Bic'S, the ?` Special Instvuctions to Bidders, and the Contractual Proposal; E. The project plans, specifications, special provisions and addenda applicable to the PROJECT. Anything menticned in the Specifications and not indicated in the plans, or indicated in the ' plans and not mentioned in the specifications, shall be of like effee't`as if indicated and mentioned in both. In case of dispute or inconsistency between any plan ov specification, the matter shall he immediat©ly subraittsd o the Department of Publie'Works of CITY h���,irt'aftez• referred to as "DPW," without. whose dec_sion said r I� discrepancy shall not be adjusted by CONTRACTOR, save only at his own risk and Expense. Shoud there be any conflict between the terms of this agreement and the bid or proposal of CONTRACTOR, then this agraement shall control and nothing herein shall be 'considered as an accept- ance of the '.arms of said bid or proposal ithich is in conflict herewith. CONTRACTOR agrees to commence the project with 10 calendar days after notice to proceed is issued and shall diligently prose- cute it to the completion within 45 calendar days from the execution of this contract by CITY, excluding delays provided for in Section 16 herein. I'm OF T.H.E._ E_,�U� & Time is of the essence of this contract. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop 6;,,awi gigs, details, samples, and do all other things necessary and incidental to the prosecution of his work in conform- -nee with the said progress schedule. He shall coovdina; a the work covered by this contract with that of all other contractors, sub- corttractbrs and 'of the CITY, in a manner that will facilitate tha efficient 'completion of the project and in accordance with Section 3 herell. 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 or ot,,dei• in `which the various portf o'ns of the work shall be installed of the priority of the work o • work f other subcontractors, and, :n general, all matters t•eptesenting the timel.y and orderly conduct of the work of CONTRACTOR on the premises. 5. CHUM CONTRACTOR hereby agrees to make any and all changes, furnish the mat.,vials and pet,form the wovk the DPW may require without nullifying this contract. CONTRACTOR shall adhere strictly to the plans and specifications unless a change therefrom is author- ized in writing by the DPW. Under no condition shall CONTRACTOR make any changes,. either in additions ot• deductions, without the written ordet, 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. CONTRACTOR shall submit immediately to the DPW wvitteneopies of its firm's cost or evedi.t proposal for changes in 'Lhe work. Disputed work shall be performed as ordered in writing by the DPW and the propet, cost or credit breakdowns therefor shall be submitted without delay by CONTRACTOR to DPW. 6. N2ZS. P�f,Fr�D No work, services, material, or equipment shall be pe.'fot•med or furnished under this agreement unless and until a notice to pi,oceed has been given to the CONTRACTOR by CITY. CITY does not Warrant, that the work site will be available on the date the, notice ` to Proceed is issued. In evert of a delay in cbmme' nee- . „ inent due to,such unavailability, relief to the CONT9ACTOR shall be limited � to. a time extension equal to the delay due to such avail- ability. t j• em 7 - �• CONTRACTOR shall, prior to entering upon the pefor,,mance of this contract, furnish bonds approved by the City Attorney: one .' yat. in the amount: of one hundred percent (100%) of the contract price, to guarantee the CONTRACTOR'S faithful performance of the work and icy to warrant such p per for mane. for a er fod of one (1) year after ;�.•` CITY'S acceptance thereof; and one in the amount of fifty percent (50%) )f the contract price, to guarantee payment of all claims for labor and materials furnished. Such Warranty shall apply to all _ work done under, this agre,:ment, Including but not limited to, any workmanship, installation, f _brication, material or structural E facilities constructed. CONTRACTOR, within ten (10) days after notification by CITY of any defect warranted hereunder, may, at its option, make appr,opr•iate repairs or, replace the defective item or items. 8. I�ARRANTE _.., The CONTRACTOR unconditionally guarantees all work done under, this agreement, including, but not limited to, any workmanship, i'li ta?lation, fabrication, material or structuralM facilities constructed. CONTRACTOR, within :en (10) days after notice b'y CITY of any defect in the work, shall have the option to make approphiate repairs or, replace the defective item or' items. Upon expic•ation of such ten (1'0) day period, CITY may then make;; .. appc•opriate repair o►_• replacement at CONTRACTOR'S risk and expense. .; r' 9. I D CONTfiACT NDFp�,N..�� ___�.� It is Further understood and agreed that the CONTRACTOR is, and shall be, acting at all times as an independent contractor herein, and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, -social security, state disability insurance compensation, unemployment compensation and other payroll deductions for•;.r,. CONTRACTOR and its officays, agents and employees, and all business licenses, if any, in connection with the services to be performed hereunder. 10. LIQUIDATED DAM.AQ It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of calendar days as set forth :.n Section 3 herein, damage will be sustained by CITY, and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which CITY will sustain in the-avent of and by reason of such delay; and it is, therefove, agreed that CONTRACTOR will pay to CITY the sum of one hundred dollars ($100 .00) per day for• each and every working day's delay in finishing the work in excess of the number of working .days p11escr.ibed , and CONTRACTOR agreas to pay said damages herein provided for, and further cigreas that CITY may deduct the amount thereof, from any monies due or that may become due to CONTRACTOR ' riot u�der . Af 1 1 r -r• • CONTRACTOR will be granted an extension of time and will not be assessed with damages for any pottion of the delay in com- pletion of the work due to unforeseeable causes beyond the control and without, the Fault or nagligetice of CONTRACTOR, including hit not restricted to acts of God or of the public enemy, fire, floods, epi- demics, quarantine rest(-ictions, strikes, and unsuitable weather, or`� ELh S delays of subcontractot,s due to such causes. CONTRACTOR shall within fifteen (15) days from the begin- ,;.. h{ng of any such delay (unless the DPW shall grant a further pet iod of time prier to the date of final settlement of the contract). notify the DPW in writing of the cause of the delay, and CITY shall _.. extend the time fov compl.etin; the work if, in its Judgment, the findings of fact thereon justifF the delay, and its decision is conelusive on the parties heveto. i Should CONTRACTOR be delayed in tha prosecution ov com- pletion of the work by the act, neglect or default of CITY, ov should CONTRACTOR be delayed waiting for materials, if ;aid matey- ials are required by this contract to be furnished by CITY, ov by damage caused by fire or other casualty for which CONTRACTOR is not responsible, or by the combined action of the workmen, in nowise caused by ov resulting from default or collusion on the part of .ONTHACTOR, in the event of a lockout by CITY, then the time,hevein 'fixed'fav,the completion of tho work shall be extended'the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be rrade unless a claim therefor is presented in / writing,to CITY Kier.n fiftaen (15) days of the commencement of aueh delay. 1 . �s. No claims for additional compensation oil damages for 4-1 delays, irrespective of the cause thereof and including without. limitat-Lon, the furnishing of matetlial by CITY, or, delays by other = � contractors, subcontractors or CITY will be allowed and said �+r*,r extension of time for the completion shall be the sole remedy of CONTRACTOR. DIFi:�RXNG SITE CQND_TTIO�J�, �; LL� (1) The contractor S}.-All pt ompt-ly, and r.;,;,► � before such conditions are di3t;trbec: nctify the DPW in writing of; •` 4 , (a) subsurface or latent physical condition; at the h site differing materially from those indicated in this agreement; or _. (b) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily en- countetled and generally recognized as inherent in work of the character provided for, in this agreement. The DPW shall promptly investigate the conditions, and if it rinds that such conditions do + materially so differ and cause an increase oil decrease in the time required foil peri'ormance of any part of the work under thin 4gildement, whether or• not changed as a result of such conditions, an equitable ad justme-rt shall be made and the agree-ment modified in writing accordingly. (2) Tune Extension. No claim of the CONTRACTOR undet, :. this wlause s$..,11. be allowed unless the CGNTttACTOR has given uhe notice raquit'ed in this clause'; provided, however, the time pre-„ scrit�ed therefor may be extended by CITY. 12. CGt RMATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this contract., subject to any additions or deductions as provided in the Contract Documents, the sum of twenty five tP.ousand, nine hundred twenty dollars and no cents ($25,920.00), as set forth in the Contract Documents and provided for in Section 1 hevain. 13. XABIATIM lh' EST Its AMI---QUAE1110 The quantities listed in the bid schedule will not govern final payment. Payment to the CONTFA.C'TOR will be made onlY for t-he actual quantities of conttact items constructed i.n accordance with the plans and Specifications. Upon completion of the ccnst►•ucticn, if the aetua quantities show eLtrer an Increase or decrease from this quantities givei? in the bid wehedule, the contract bid orice will prevail subject to the provisions of Lhis Agreement. Fquitahls ad justinent in payment will be made dpor, incr•ease3 or decreases in costs due solely to the vatliLtion in quantity above ot- bolo -or the estimated quantity when warranted by the facts and cireurns 'tances. If the quantity variation is such as to caus.a an inoraase 'n t-he time necessary ;for completion, the DPW shall ascertain the fats %L:nd cii bumstances and make such ad justmcnt for extending the compIcti'on date as in its judgment the ffn' ding:z justify. No claim by CONTRACTOR `'or an equitable ad j'ustmeat in p. ice oil time for 'comple- tiion shall be ai`loued if aaserted aft--jr final payment, under ;his agreement. 10 -- r AA j OFI;M 14 P!jQGRF..SS PAXME . 1.43 Each r*,onth the DPW will make an estimate in writing of the ' 4 ?' work performed and the value thereof. Prom each progress astimate, r. � tan percent (10%) will be deducted and retained by CITY, and the `p remainder, lass the amount of all previous payments since commence- , anent of the wot•k, will be paid to CONTRACTOR. If CONTRACTOR nas, in the judgment of the DPW, faithfully exeeutad fifty percent' (50%) of more of the value of the work as ' y determined from the bid schedule, and if the DPW finds that; satis- factory p;,ogress has beer and is being made, the CONTRACTOR may be paid such surr, as will bring the payments of each month up to one hundred percent (100%) of she value of the work completed since the commencement of the work, as dater mined by DPW, less all previous payments and 1e33 all previous r-et wined amounts. The final payment, l if unencumbered, oil any part t.hareof unencumbered, shall be -lade thirty --five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands di -awn ,in the manner rlequit'ed by law, accompanied by a certi- ficate signed by the DPW, stating that the wovk for- which payment is w demanded has been performed in accordance with the terms of the contract, and that the amount stated in the certificate is due under the terms of the contract. Partial payments on the contract price shall not be conaideved as an acceptance of any part of the work. 15. TU HELP CONTRACT EUNU, SI_-•,-,!_B_.5Tz3:i1TIQN. QF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY � J1 h;. b�l shall permit thy: substitution and deposit therewith of Securities equivalent to the amount, of any monies withheld by CITY to ansuve l4 r erfor•mance under Section 14 of this contvact . p 16. AFFZQAVITS OF 5ATISFAUXON OF QLAQS Af`ev the completion of the wot,k contemplated by this contract, CONTRACTOR shall file with the DPW its affidavit stating �i A Y� that all workman and parsons employed, all firms supplying mater- ials, and all subcontvactovs upon PROJECT have been �. F< p paid in full, anc that theca are no claims outstanding against PROJECT for either labor or, material, except certain items, if any, 1.o be set forth in t an affidavit eovai•ing disputed claims, or, items in connection with Notices to Withhold which have, been filea under- the provisions of the statutes of the State: of California. 17. VA.IM. QF Q L A I I- The acceptance by CONTRACTOR of the payment of the final cet,tificate shall constitute a waiver, of all claims against CITY under, or, arising out of this contract. 18. INPENNIFIQATIO: iU2IR.HABMGCU� DEFE11.5V CONTRACTOR agreas to protec` defend, inder:nify and hold and save harmless CITY, its officers, agents and employees against any and all liability, claims, judgments, costs and demands, in- cluding death ot• injury to CONTRACTOR'S employees, and damage to property, arl.sing dit�ectly or, indirectly out of the obligations herein understaken by CONTRACTOR or, out of the operations conducted by CONTRACTOR, save and except those which arise out of the sofa hegligence or sole willful misconduct of CITY. CONTRACTOR will r= . .- 12 - . r. r .t i j ;j - ► . fir : ' k AA defend any suer suits at the sole coat and expense of CONTRACTOR r when ver,tiested by CITY, and any costs of defense or attorney's fear incurred by CITY in enforcing this obligation will be vafmbut•sed to CITY or,, may be awarded to CITY by a court of competent jurisdiction. 6-i. 9. WQBKEBSF COMPF NSA IQt_ CONTRACTOR acknawledges and undertakes its duty under the�� �4y provisions of Section 3700 et seq. of the Labor, Code to insui►e against liability for, wovkers' eompan.: atton and covenants to comply !' `At with such provisions prior to commencing the performance of the work hereunder. rv`V CONTRACTOR shall maintain workers' compensation insurance and otherwise comply with all of the provisions of the Workers' Compensation and Safety Acts of the State of California, the appli- cable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto; and all similar, State ov Federal acts or Jaws applicable and shall furnish to CITY a cer•tificate of lot -kern' compensation i.nsuvance evidencing such compliance. The insurer• shall furnish to CITY a certificate of workers' corripensatlon insurance. The pt•ovider of insurance shall not cancel or, modify any w such policy so provided without thlt•ty (30) days' prior written notice to CITY. , CONTRAC".'OR shall further t►equine all subcontractors to r. sim-,Uavly' provide such workers' compensation insurance for all of he subcontractors' employees. CONTRACTOR shall fut•nish a certi- ficate of wa, ver of subrogation under, the terms of the wot•ket•s' compensation insurance, and CONTRACTOR shays similarly vequire all subcontractors to Waive subrogation. 1; 13 - de T. . CONTRACTOR'S workers' compensation :.nsuvance shall be in forms and underwritten by insurance companies satisfactory to CITY. T r Said insurance shall remain in force until the work under this h ccatr•act is fully completed and accepted by CITY. Said insurance shall not derogate from the pttovisions for -indemnification of CITY by CONTRACTOR, under, section 18 of this contract. CONTRACTOR shall, notwithstanding nor diminishing the foregoing obligations, subscribe fore and maintain in full force .an•I effect during the life of this t contvact a workers' comoensation liability policy, in accordance s. with the Novkers' Compensation Act of the State of Califovnia, of not less than one hundred thousand dollars ($100,000). 20. INSUAANCC CONTRACTOR shell at all times carry on all operations hereunder, bodily injury and property damage liability insurance, including automotive bodily injuvy and property dainage liability insurance, in forms and underwritten by insurance companies satisfactory to CITY for: all operations, subcontract work, con- tvactual obligations, product or completed operation, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by th^ CONTRACTOR shall name the CITY, its officers, agents and t, 3mployees and all public agancies as determined by the CITY as addit.iona.l insureds on said policies. CONTRACTON shall require its insurer• to waive its subrogation rights against CITY and agrees to ;. pt•ovide certificates evidencing the same. Befove CONTRACTOR performs any work at, or, prepares or, dal.ivers materials to the site of construction, CONTRACTOR shall i 1. ti'r t o . • i furnish to C,rTY cat t_ . icates of insurance subject to approval of the City Attorney eV4(lene?ng the foregoing insurance coverages and such certificates shall provide the name and policy number of each : carrier and policy and that the insurance is in force and will not be cancelled without thirty (30) days' written notice to CITY. CONTRACTOR shall rnaiatain all of the foregoing insurance coverages in force until the work under this contract is fully completed and :{ accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by.;, ,c CONTRACTOR under Section 18 of this contract. Notwithstanding or -' diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscttibe for and maintain in full force and effect during the lire of thi3 contract the following insuvance amounts: not less than three hundred thousand dollars ($300,000) combined single limit coverage for Items A and B. A. Bodily Injury I.i,,ibility and Automotive bodily Injury Liability (including non- i 1 Olt a. f.. t � •i' 21. DEEAUL1 AND TERMINATIQN 44 If CONTRACTOR fails or refuses to prosecute the work with ri diligence, or fails to complete the work within the time specified, or is adjudged a bankt•upt, or makes an assignment for '.he benefit of creditors, or become: insolvent, or violates any provision of thek,. Contract Documents, CITY may give notice in waiting of its intention to terminate the contract. Unless the violation is cut -ad within ten (10) days after said notice of intention has been served on CON- ►;_; TRACTOR, CITi may terminate this agreement upon the expiration of that time. '4 22. pZSpOSITIQrt OF ELAU; E-T,1MLT„KS AND OTHER DOCUMENT'S CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon eat-lier termination of this agreement, all origina.l drawings, reports, calculations, maps and other docu- ments, pertaining to said contract, shall be deliv,:red to CITY and become its sole property at no further cost. 23. RMATIZUUM-L WITH PERFOUANCE In the event that CITY is dissatisfied with perfovinance of CONTRACTOR and the procedures for termination set forth in Section 21 are followed, CITY may elect to assume cou.nLete control over f.. PROJECT. 24. ICON-ASSZGNAH?LITY No assignment or• delegation by the CONTRACTOR of th;s contract or• any part hereof, ot• of funds to be received hereunder,, will be recognized by CITY unless such assignment or delegation has 'had,Oriov written approval of consent of CITY and the'suvety. t,16.. , r , 1 25. QQJJX EMPLOYEES CONTRACTOR shall employ no vegulat, employee of MY in the wovk par formed put,suant to this contract. 26. ATTORNEY'-5 FEES If' any action at law ov in equity is necessary to enfoi,ce or, intevpvet the tat,ms of this agreement, the prevailing party shall be entitled to veasonable attovney's fees, costs and necessary disbut,sements in addition to any other, relief to which he may be rY entitled. If any action is brought against CONTRACTOR or, any subconti,actot, to onfovc-3 a Stop Notice ov Notice to Withhold, which names CITY as a party to said action, or, by reason of which CITY i. incut,a expenses, cin shall be entitled to reasonable administrative and attoi-ney's fees, costs and necessary disbut,sements arising out of the processing of Stop Notices or, Notices to Withhold or, any similar, legal document arising out of the pet-foi-mance of this agveement. Said obligation shall be provided for, in the labor,- and matevials payment bond required of CONTRACTOR. CITY may set off any unreimbursed cost or, -.xpense so incurred against any sum or sums owed by CITY to CONTRACT01"I under this agveement. REST OF PAGE NOT USED 17 27. ENTIRETX The foregoing represents the entire agreement between the parties. f , ►•� IN WITNESS WHEREOF, t h a parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year fsrst above written. Y` Ail CONTRACTOR: CITY. OF HUNI'INGTOU BEACH, 'r l a municipal corporation By Bill Hager Pry 3{d-ent Mayor "+ Thomas . Nlroyasuec./Tr•eas. ATTEST.- APPROVED AS TO FORM: 7y _ City of Huntington Beach Department of Public Works P.O. Box 190 M�.^.. Huntington Beach, California 92648 ' r Attention. Subject: Certification of Compliance with Title V11 of the Civil Rights Act and Equal Employment Opportunity 'act of 1972 t,rr Gentlemen: The undersigned, contractor on CC 62L CENTRAL PARK ADVENTURE P�CO�1J PQ11 Project No. - -- - Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing, work under the contract on the project have been paid wages at rates not 1 ! rs than thos-,-m required by the contract provisions, and th6 t 'thewo-.k performed by each such laborer, mechanic,, apprentice or trainee conformed to the classifications, set forth in the contract or training prt gram pi:ovisior►s applicable to the wage rate paid. Signature and Title*-� � 4 1- t , ,.►.��� "Tl:w Prr:,,�::�r� char��:•1,� t';+: t�;"'�,,, MAINTENANCE BONG Bond No. 5 31 95 50(M) Executed in Tripli.--Ate MEAD O,'FICE, PHILADELPHIA. PFNNSrLVANIA KNOW ALL MEN BY THESE PRESENTS, that vie ti J ft Western Contractors, Inc. 14450 ttoovcr Street, Was=tminster, CA 92683 as Principal, ,and RELIANCE INSURANCE COMPANY, a Pennsylvania corporation, as S-irety, are held and firmly bound unto City of }lunntin.3bon Beach as ObliUee, in the full and just sum of Twenty Five Thousand Nino tiandrad Twenty and no/1-00 ---------------------------------------------- Ool,ars IS 25,920.()0 )1 for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra• tors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract ,,vith City of Huntington Beach dated Apt:il 19, 1383 for Ce:nt:ral 11-axk/Adv(2lmare Playground Pond — CC C-24, RECEIVED DEFT, OP PU13L,IC WORKS i AUG 0 8 1983 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) vearls) after approval of the final estimate on said jot), by the owner, against " all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on June 16, 1903 •« NOW, THEREFOP,E, THE CON DI%'ION OF TH1S OBLIGATION I SUCH, that ifwithin one year(s) ' • , Nom the dote of approval of the said contract, the work done under the terms of said contract shall disclose ' poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall appear that defective' materials %vere furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be v0d. Signed and seated this 213 day of July . 19 83 ` Wi mess: ., H J It western Contractors, Inc. APPROVED AS TO FORM Ptindpal ....�... w.......................... .... RELIANC�If SU�aNCFGOMPANY t•, ;' GAIL HUTTON City AttomM/ By: _. Robert H. Minot l.�tomey•In �ece r Hbfi M EQ. 7.71 ' , N INSURA.NCI:.;-".'4OMPANY HEAD OFFICE, PHILADELPHIA. PENNSYLVANIASIP y :00 POWER OF ATTORNEY � .. KNOW ALL MEN BY THESE PRESENTS, That ilia rELIANCE INSURANCE COMPANY, a corporation dull, orpsnitad under the low% of the State of r:Q" Pbnnsyivenia, does tr.ivby make, connitute and appoint gin; ROBERT ;•f. MINOT of LOS i.;rr:;.y S, Cli-LIF'ORNTA--- he true and lawful Attorney-in•Foct, to make, oxecute. teal and deliver for and on its behalf, and as it: sct and dad i d 104, MY AND ALL BONDS AND UIMERTAYINGu OF SURETYSHIP—- k L and to bind the RELIANCE INSURANCE COMPANY tnareby as fully and to the sane extant as If such bands and undar:ekings ana other writings obligatory in the nature thereof were signed by an Executive Offictr of the RELIANCE INSUR ANCE COMPANY and sealed and attested by one other l,'I of such officers. and !+weby rstifin and::onfirms all that its said Attornerylsl-in-Fact my do in pursuance This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which baaeme4r`'. affective September 7, 1978. which provi?iont are now in full force and effect, reading as follows: y ARTICLE Vsl -- EXECUTION OF BONDS ANO UNDERTAKINGS i t• 1. The Bard of Directors, the Resident, tit* Chairman of the Board, any Senor Vices President, any Vice President or Assistant Viat Resident or other officer designated by tits Board of Directors shall have power end authority to Is) appoint Atioaneys•in-Fe.t and to eutharite!hem to execute on behalf of the Company, bonds and undertakings. reoognlxanees, contracts of indrt,ally and other writings obligatory in #,he nature tnersof, and (bl ` a remove any such Attornoy•in•Fset at any time and revoke the power and authority given to him. 1 3. Attorneys -in -Fact shelf have power and authority, subject to :ha terms and limitations of the power )I attorney issued to thorn, to execute wrr>ddelivrron behalf of the Company, bonds and undartakings. rocognizances, contracts of indemnity end athor wrhinge obligatory In the nature thereof. The corporate seal is not necessary for the validity of any bonds and undenakinps, reeognissnces, anntrsets of indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -Fact shall have power and authcrity to eaaruts affidavits iatrilred to be attached to bonds, reoogni=nces. writravcts of inderr pity or other aowlition l or obligatory undertakings and they shell also hew power and authority to Certify the financial statement of the Compsny and to copies of the BV •Laws cl the Company or any srtrde or section thereof. This power of attorney is .ignod and sealed by fwtimile under and by authwily of the fo0owing Rtsolution edoptad by the Ocaid of Directors of RELIANCE iNSURANCE COMPANY at s maeling hsld an ow 5th day of June, 1079. at which a quorum was present, and said Resolution heri not been emended or repealed: "Rnolvrd, tMt the signatures of such directors and officers and the seal of the Comosny may be attired to any such poMr of attorney or any oertifio:te relating} thereto try facsimile, and any such pcww of attorney ex certificate bearing such.lectimile signatures or facsimile ssial staff be valid she binding upon the Company and any such pavver to executed and certified by faaletile siglrusunvs and facsimile soot shall be valid and binding upon the Conicimy in the future with respect to any hone or undwtaking to w4tich it is sttadhed. " As st IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused thane presents to toe signed by its Vise President, and its corporate sae' to be hereto affixed. this y1h day of it vnl"b ►- tg30 ""' .. RELIANCE INSURANCE COMPANY As St Vice Resident ; STATE OF Washington COUNTY OF Pierce e 1 ss, ) On this ?th ,� day of hove' ber , 19 79 personally appeared D. Keith Johnson to me krwwn to be tla o:ptesklent of the RELIANCE INSURANCE COMPANY. and ateknowledged that he expauted'and attested the fareQainQ instrument and affixed the heal of ssid :orporatlon thorato. and r' 1t Attkle V11, Section 1. 2, and 3 of the ByLsws of said Company and the Resolu- ' lion; sat forth therein, era ►cell In full force. My Ccrnmirvon Etviri►i.: '`• �•� .00 0..... Qbtwo�� ti i June 12s .1982 Notary Publk in atd for Se a of WA Sh ingt on � , '' e.h••ri Tacoma Residinget Ctl i. arlcs J. Falskov , , ...... L , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby oarilly th+t the slhoye and (otrqo erg it a true and caorrat aDpy of. a Power of Attorney exewtsd by w;d RELIANCE INSURANCE COMPANY,sYftich h otill in full force and '� .. iN , • ! ' � of Bald CctmpinY slit 28 day of 1u.1Y �rITNES3 Wi/ERC.�_.._ •tiF 1 hove herevnta art fm bond and dlfi><ed tlsa ' W11.1�3/'Ca.'S�i«:. � ; .� , AwsMant SsotlMy �•'""�" + [ State of Californi, County of Los Angeles or, this 20 day of July in the y-�«r 1983 before me a ti'otary Pabl;ic personally appeared P.obart 11. M not personally known to me (or proved to m:: on the basis of satisfactory evider:ce) to be the her::cn :hose name: is subscribed to this instrument as the Attorney - in -Fact of ..,�a,.li.:act� Insuzln_ce _Cor,.2&rny _ _ 0 and acknowledge to me thrit he (.she) rubscribed the name of Rtl ar►4o Inauranco ice,^Y — thereto as surety, and hi.r, (her) own nano as Attorney-•in--Fart. »0MLVljlttRPli�tif,t3MA"'2.4YT+4nt^.S.C('t�°'f Y erg t f *NOtary Public 6—Tor s/ inty '` r•,.« F i12t } J iSS: RR M'' w > r KA y'F.t �t�ii{illfJl RidO.C3 •.i OiQJhwi ti 9/LlN 1W ', it ;.i va4. t,'.: yg-' iTYj r^{°yr.+FaYLI ��•i tS-j�'�•,,�:1! ,>r f'�' - ! •+• 4�s�r. .,t�.• ...,..r•.,••w .:gin v.{, �.+.4'•e Ark �r�.. Ir State 'o£ Caltfornia County of Los Angeles i On this 19 _ day ai' April , in the year, 1983 before me a Notary Public: personally appeared Robert 14. 1-14-nat personally known to me (or proved to :;Ae on thebasisof satisfactory --vidence) to be the person whose name is subscribed to this instrument as the Attorney- -. in -Fact of Reliance Insurance' Company and acknowledge to me that he (she) subscribed the name of Reliance Insurance � rr%mnany -_ thereto as :surety, r•.1e.� his (her) .awn name as Attorney -in -fact. sw�rrNr+��rrrwarewersewai.�a►.r�ae� ��. K. BOURQUE {` t tgTAfiY Max• CAI.iQP4u1 I -0 . Q ?R"WAL OU CE W _ tos AjimceaMairr,�r No: ary is in and for 9 romty : '41 ca r Era•j,. t ' •rmarw►ln r a a�s.e a a atsmm2, r,� wWig2lgAwo `•j,._., �•-w.«. mn.+•t't. ;^,r-r..r�rn•trr ,jrlt,�. ,r••�,vMPvt f"'i!.,9�r� t.:rr t-;'sv r,�t �'+ S. f� . 1 rr �., a ..5..'i�tii-jrl••.��`i::: •I"i.��',C,Y,y:. 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T :�:. �..:1{� s i i •I It 4 r HEAD OFFICE, PH:LACELPHIA, PENNSYLVANIA 3 4 "Tt;e Fr�r•: ; ct�:.►�;' tar t{t,;iI sw DA thr VCti01r, :.L0 .!Sa il.~ Ecarld No. 13 J.1. 95 5U Executed in Triplicate: PAYMENT FOND CALIFORNIA PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS, that !i J 11 Western Contractors, Inc. , 14450 liciovei Street, Westriinster, CA 92693 i as Principal, and the RELIANCE INSURANCE COMPANY, a PErnsylvania corporation authorized to �. execute bonds in the State of California, as Surety, are held and firmly bound unto city o1L Huntington Bezich as Obligee, in the sum of Twelve thau.:and nine hundred sixty and na/100---------------- ------------------------------------------------------ 12, 960. 00 y for tvhfch sun► we bind o!Irs#,.kes, cy;r twir;, exer!1lc-v. ,, ;tdf?linlstratcll S, su'l-cesc"?rs arld ads ians, jointly and severally by thew presents. The Condition of the abo e oblication ;s stw.li that, 4Vhervds the Prinelc-k,l on the day of i9 enter«:i into a c ontrr:`,-t v.,Ith th!: Uhl.gQP. fcr _ A3 YU rOMI CantLal Park/AdvenLilre 1%1,rjcjraurid Vcnd - CL 624, NOW, THEREFORE, if the above -bounden Principal or f.rs subcontractors fail to pay any of the persons named in Section 3181 of the Ciiil Cade of the State of California, or amounts due under the Unemployment Insurance Code with respect to wark or labor performed by any such claimant, the Surety will pay for the same, in an arnount not exweding the sum specified in this bond, and also, in case suit is brought upon :his bond, a reasonable attorney's fee, to be 'ixerf by the court. This brand shall inure to bt;rlefit of any ana `II pers;-ins entitleid tL, file claims under Section 3181 t of the Civil Ccde of the State of California, so as to give a right ct action to them or their assigns in any J4.` suit bi„ _ jht upon this bond. Signed and sealed this 19 day of April ;9 83 �i. J . H. wcstera . Ccu ,actors.. roc, . . RELIANCE INSURANCE TRANCE COMPANY . ES Robert: M. Minot ralfWn+±y rn F:fa w r � CONTRACT RONC -- CALIPORNIA iiond No. •f Executed iri Triplicate Premium: $233.00 R�LT.A..NG� TN��J'RANCE CCJMPANY HEAD OFFICE, PHILADELPHIA. PCNNSYLVANIA To cowl :AIL iit;:T�7 KNOW ALL MEN BY THESE PRESENTS ;y CiL;t Attorney That We,.......f;,.J Ii„Western„Contractors, Jnc.,r....1145P,Jlgover„Street,„Westminsterc. .. .. .. ... ......... .....I... ........I....... 4 i. h2fit'..................................................................... I.....................as Principal, and RELIANCF. INSURANCE COMPANY, a corporation organized under the laws of the State of Pennsylvania, and duly authorized to transact business under the laws of the State of California as Surety, are held and firmly bound unto �it.,�f tiuntinc�totL.F3each.................................................................................. ................................................................................................................its obligee, in the just and full sum of'. pn} _y,„ five,, thouSA>;1d, nine ndred .twenty.. and no/1C0-- _.____ _-_--__-__..__-_-..___-_ ±. A •......... .• •• •..• ••• ••........•.•..A...•.........r...•....•.•....1.....,...,.•••........•...•..1 •..•......................... ............................................. ................... ...........................` . ... ... .. ................................... dollars, for the payment whereof «will and truly to he made, said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. g �` it `1rhoCondition of the foregoing obligation is such, that whereas, the above bounden Principal has 'entered into a contract of even date herewith, with the said obligee to do and perform the following work, to wit; Central,.Park/Adv„enture Playground Fond ` CC 624 .............................................. ....................................................,...................................................................................................,........................................^v ....................................,........ ...,............. ............................ ..... ......... ............................ ........................................ ...................... '} ..................................................................................................................................... ................................................................................................................... ............ .................... " as twill more lolly appear from said contract, reference to which is hereby made. Now, Therefore, if the above bounden Principal shall well and truly- perform the Rork contracted to be done under said contract, then this obligation to be null and void, otherwise to remain in full force and effect No right of action shall accrue under this bond to or for the use of any person other than the obligee �- named herein. , Mined and sealed this...............19....................day of ......... A zil................................................ 83... WI'IrlrrESSs..Ii..,�t..ft..Y��et;koz:n..Gnr�traG. zs.....�nc:,........................ .�., I+ - ..... ..l...r �.+.r :. •, ..... w:.....: L.;�.L' .. ..•.G.�f............ ............... f...................................................... ....... .. . '';'." PrIn6pal7;. RELIANCE IITSURAN E Robert M. Minot Attorney -In fact. 1- , ,'SVR 7aot LD, Ju11E 1Pl0 (CALIF. �`= i�{.m ai�,'�� S�X� <�,_ , tr tl t " j i r � � � . t � 1 •; L ILA CERTIFICATE OF INSURANCE A{iprorcd a► to Ferm: .•�Nr,,,� I►w.at TO "1 Hutton, City At tonne C «+rutty+► r r` r ci il." t'xl CITY OF HUNTINGTON UEACI', CALIFORNIA N►ttthttyton 11"Ch. CA 91b" (:uyr to t,dt Meneeat alto &$*mwl A MUNICIPAL CORPORATION ' This is to carlrly that the policies of insurance a dswibed below have been issued to ihv insured by the uftdusignsd and are In force .t "this time. 11 those policies ar• cancelled at changed in such a manner that will ill this certificate, the insurance company ayrtrns co give 10 days prior written notice, by rvwl, to City of Huntington Basch P. O. Box 711, Huntington Beach, California 92648. ALL ITEMS, -MUST BE CUMPLETED,-ANY DELETION On CHANGE. IN THIS FORM SMALL BE SIGNED AND DAYED BY AN "AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED 114 WRITING BY THE CITY " ATTORNEY. Name of Insured :HJII WESTERN CONTRACTORS, INC. Atidressot Insured- 14450 Hoover Street, Westminster, CA 92683 f2 L6cation of Work or Operations to bs performed Const t uct i on of Czn t ra l Park/Adventure Playground Pond--CC624. t Qexcription of Work or Operations _,_.^.,�. See Above. • w POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY Effective Expiation POLICIES IN FORCE POLICY NO. In Thousands 10001 (INS.) • GENERAL LIABILITY: COM RF•HENSIVE FORM s Znil - nan - CSL ALL I ANZ INSURANCE X� Pomuiss:s • OPCRATKJNS GLASQ-9$-66 4/ 1 /82 7/ 1 ! 83 Each Occuranee COMPANY Pa.AMO COLLAPSE HAZARD Thileanlfiestoor ofinvitarr.AlOinat KX t1NOERGrtOUNDMAZARD anlnsuranet Oicy al does rKKbrno-`11.uxtfllld KX 01140DUCTS COMPL,9TCD or alter the coverage forJad bythopoliries Of ERATIONS HAZARD listed herein. fVrcwltrr. rKijri„�anyreapJln:filGrTt, x� CONTRACTUAL term, Orcondlilaiiold( o;n truc cerUk dXu- INSURANCE mant with respect to hichMISwitificati-of X� BROAD FORM Yerlflc3t(onofinsuran em'rybiliswwlorntny PROPERTY DAMAGE partWn, the Insurance a pulic (forded by trtles KX INOEPENOENT described herein is Sul piecttoatltfietotms,wa CONTRACTORS clusitons and coftbons ct SUCll pOticiO& KX PERSONAL INJURY AUTOMOBILE LIABILITY COMPREHENSIVE FORM OWNED BA56-50-90 4/l/P2 7/1/83 s 600,000 CSL ALLIANZ INSURANC ►�� HIRED' Each Occurence COMPANY �x NON -OWNED EXCESS LIABILrT7l l I UMBRELLA FORM { I OTHER THAN t; UMBRELLA FORM Wt]IiIl COMPEh"TION end WCP30-58-47 7/ I /82 7/ 1 /83 ALL I ANZ. I NSURANC EMPLOYEll LIABILITY $100 ,000 COMPANY Additional Insured Endatument: ThE insurer agrees 9 that the Ci ty of Huntington Basch and its City Council, and/or all Oty Council appointed groups, committees, c`ammisiions boards and any other City Council appointed body, and/Or elective and appointive officers, servants or employees of the , City,at Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any fnsurame of the City of Huntington Beach, as their interest may onpaar. t7"ate AUTHURIZEQ ll�Ir SURAN CRMPANY -... L, ALLIANZ INSURANCE COMPANY ��EFENTATIVE -- ' NCE CM r,..._ ALL I ANBy Z I friSURANCE: COMPANY CORROON t: BLACK INSURANCE SERVICES 6435Wi I sh i re. 81 vd.:, JhWtese3609 'dui Las 'Angeles CA cat v Los ;Ange'les, California 90010 Gtr 90048 „Lo- i;213) 386 236 Telephone r How HARMLESS AGREEMENT r (to be oxmited by insured; Tots tnsured" '_ CO r po rd t: i on agrslos to proteict, defend indemnity, save, and hold harml-.ss :he Cit of H untin' fY y . gton Beach its offtcats, aysnts and amployfras a ,last an . gr y liability, loss, dama .. ty, ge, cost. of ex�snsa by reason of;any and all liability, Suitt, cteims, dimands,`judgmsnts and cauiet of action caused by insured,'his employes, agents or any�subcantractar"or by any third party arising cut of at' in consequence of the performance, of fal or any operations 'or activitti for which this certificate of insurance is furnished. r ''its SoiY Prow�iadrsrvp sir Par21wal►1r3 i) Cwpo/ption (41 Oteu) • ►r ,fi'OLD HARMLESS SIGNED: 0 (Muted: '' �,".l"/• .. ;.., �� f �, Y Title (Alt roomm 511.11 be printod of typed py (nsurn0: .. , / / /` /� /' c"ihv Mch TINS is tm"w s+er►�twu.1 II Ca P!Wilia A# TWO Uifits" mull Si ion to bind Cofporation. tiny tN pfetsnt urridMG of authorirdt ;f i i / / f y- • 1. t (. �. `..+ REQUEST FOR CITY COUNCILACTION Date June 17, 1983 x �,.. Submitted to: Honorable Mayor and City Council cL JAI .� is ��. C. W. Thompson, City Administrator(-.- Submitted by. , pre led b • Paul E . Cook, Director of Public Works . P� Y • t � � , � ►� Construction of Adventure Playground Pon • Subject: � Y9 • c� ..x �.-- DI r Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: &C_/ i`ffr STATEMENT. OF ISSUE: u < `; H. J. ii. Western Contractors, Inc. has completed the construction of the Adventure Playground Pond; CC 624. RECOMMENDATION: Accept., the Playground Pond and authorize the City Clerk to file the Notice of Completion.! ANALYSIS: On Aprif 4 , 1983, the City Council awarded a contract to H.J. 11. Western Contractors, Inc, for the construction of the Adventure Playground Pond. The construction of this pond, in accordance with the appro%,ed plans and specifications, is now complete and, therefore, the Director of Public forks recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of contract costs: Council Approved Actual Expenditure Contract Amount $25,920.00 $25,920.00 Construction Contingencies 2,592.00 -0- $28,512.00 $250920.00 .. FUNDING 'SOURCE: "Adventure Playground Account 4790623: $21,082.00 Reappronriation. from Central Park � Land Acquisition Account 2790765: 7,430.00 S28,512.00 F` ` -ALTERNATIVE ACTION: NIA: None .;. CWT:PEC:DRNsY 'WESTEM " BID PROPOSAL FROM. HJH COITTRACTORS , I11C . + Puma Norm ' To the Honorable AUyor and City Council, City of Huntington Beach, California: Inca,'' ; ... •, mpliana with the notice Inviting sailed proposals for the ADVENiURE PLAYGROUND WITHIN CENTRAL PARK '= Yalbert Avenue at Golden blest Street Huntington Beach, California r� CC-624 r2�Y Y 1. 1 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 provision for the said work and to the satisfaction of and under dare the supervision of the Dineetor of Public Works of said City of Huntington Beach California. The has not accepted undersi ned an bid from any subcontracts' g rr or materislrrlan through any bid depository, the by-laws, p y ;.•;, rules -of, regulations, of which prohibit''or prevent the controctor from considering any bid from any subcontractor or nutetielman which is not processed through said bid depositary. or which prevent any subcontractor or materulman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishin of all laliar, materials and equipment, and or all incidental work necessary to deliver all the imprn:�merrts complete in piece in strict conformity, with the plans, specifications and special provisions, on file in the office of the Oireetor 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 APPROXIiIIATE ITEM WITH UNIT PRICE UNiT IOIAL NO. QUANTITY WRITi EN IN WORDS PRICE l Lump Sum Mobilization 0 Lump Sum. 1,' 4: C"t:: Lump Sum 2 Lump Sur' Clearing and GTubbinC (See Section 9) QI _uoosk uuri.frie 9 Lump Sum. /D.G'C�J0-00 Lump Sum ; 3 550 CY Earthverk (See Section 10) a --QX Ll/.1vy per CY. 3 per CY T.4 20 Lr 3/4" reedline with Baektlor Preventer, Gate valved Hoeebib 0' 1 -f SrtL•nde(1Gi� per Lr. Y,lyt:►t�• per Lr 70 IF I" Shover Drainline ExLension 0 r 41�` 1 '7 '�C1tj per Lr. per Lr J. Is ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL 110. COJAIIff'ITY WAITTEIK IN WOROC t91t;E 6 56 LF 3" Mainline Extension ® auv L0r'ly Cr41 per LF. ?.T �'T"Z.•�U " per LF 7 5,130 SF Gun 1 to Pond a ("?��� _f ),1/n � S•r _ per SF r i �'-�.-••.t• !^r_,t . ......� ' f-� s per SF " B Lump Sun Wood Dock 51Lump 5un. Lump Sum I 9 Lump Sum Rope Bridge 0 1 N tUtAY�s�� ` IT fy Alifi r. e4 14t l'.5 LUMP SUM. ;�� �! �U ✓� � "' ! '� Lump Sum 10 160 CY Sand - Purchase, Hnul h Place 2 .:1' 1e eii !' drs 1����r���v �e��th +per CY. le•81Li _.4l oUff EO per CY SUBTOTAL 3� 9 !?D 6t ALTERNATE BID-w t 1 Lump Sum Pond Catch Baoin, 4" Diameter Dreinline and Drainage Box 4 6`il, 'NayKn.A •Vf;,e Lump Sum. 1 0.60 I9 yD'�%` i` .; flue tr a Fcr {rrr.�r a Lump Sum -a c' 3 ALiERNATE BID SU3TO7AL f+ C no.J. ,r : TOTAL AMOUNT OF PARK ;BID Shall correspond with anount oLated in Contracts � � mot' ..�.� .'C r. ` :,� y ' ; • s i� . I� oral schedule err sole( far and agreed that the approximate quantities shown in the foregaing proposal y It is understood an .end , : that the contractor s compensation will� the,pu pose of fac itatr g the comps is+on of ds p be computed upon the begs h rr bids of the actwl quantities in the completed work, whether they be more or less then those shown herein at the unit prica'bid ' in the'propoal schedule.; The undersigned understands the conUact time limit allotted for the eontrcct is FQR ty_F,lVE t45 1 dsY!L, .: it awarded the contract, the undersigned hereby agrees to sign aid contract and furnish the necessary bonds within {•,'. ten (10) days "of the sv+nrd of aid contrtn, and to begin avork within tan (10) days from the date of approval of the con• • tract by'the City of Huntington Beach, California. The undersillmd: has a-fzmined cerefully the site of the work contemplated, the plans and specifications, and the proposal end.conrtract forms therefor, The submission of a bid shall be conclusive evidence that the bidder hss inrrestrgatsd and is atisfied es to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the pwrrthki al mterisls to be furnished, and as to the requirements of the proposal, plans, speecifiations, and the contract. ,,..:k Bidder's Bond" , Accompanying this propoAl is ers on t NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the cam may be, in an amount equal to of ' least 10 percent of the total bid price, payable to the City of Huntington Beach. i'i►e uridersi deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the gncd City off Hun Bach ch as liquidated damages in ease this proposal is accepted by the City and the undersigned shall fail N :. to e><ea ennt►ect fordaingsair! work and to furnish good and sufficient bonds in the Iorm sat forth in the specifiatians and aorrinct documents of the City, with surety satisfactory to the City within 10 days :her the bidder has rtaeived written { notice of the award of the eonctact; ,otherwise said security shall be returned to the undersigned. Licrnced in accordance with an act providing for the registration of contract License No. 4032q8 11J1i W e o ,ern Contr .toes . T ne . U inatm of awe.. 0mdnassAddress 14450 hoover Street. fslaa of Residence FJestninster, Ct.11fornia 926B1 Dated this 22nd day of March . 19 F_.�.___._ udder shall signify receipt of all Addenda here, if any: 'Addendum No. Qate Receivaf Bidder's Si1nature ' r I none r r I X 1-4 w PROPOSED Wa!Z TICK R@QUIPM QF B=ER .: Bidder . is required to supply the following information. Aeditionall sheets may be attached if necessary.:" 1. Firm Nye: HJH Western Contractors, Inc. , ?. �: 144 0 Hoover. Street 3. Telephone: 714 89 -11 Address. 5 T ephorle C ) 5 75 � Westminster, California 725-B3 4. Type of firm -individual, partnership, or corporation: corporation `, " 5. Corporation organized under the laws of the State of: California - 6.• Contractor's License 1\UiIL.er: r•i0329lJ 7. List the mares and addresses of all membars of the firm or names and titles of all officers of the corporation: ~� President - Bill Hager 15329 Binnfy St. Hacienda Harts., CA t�t :. r Vice President. - Leland Jn'an on 202.12 Bay -view Ave. Santa Ana, CA 92707 l _ Secretary/Z'rea,surer - 'Ifiom&s T. Hlroyasu 17799 San Clemente rountai.r. Valley 8. Number of years experience as a contractor in construction Work: 8 yefirs 0. List at least six projects =T)leted as of recent date: CaIrpAcr CIASS OF DATE AtKXJNr AQIORK CCMPLE M NI N-E, ADDRES-S 6r PiiCNE Nt SM OF (YANM La Habra Hi School Farm Fullerton Union High School [Istr ict $153.258.Od Class A 8/3?/81 La Habra, CA Stanton Ne' borhood Park City of Stanton $56,000.00 Class A 3/31/81 7800 Katella Avenue, Stanton, CA Santa AnaRilver $150,000.00 Class A 5/25182 County of Orange 11co Civic Canter Dr. Santa Ana, CA E1 Toro Marine Base E1 Toro Marine Base $77,000.00. -Class A_ 7/2/82 El Toro., CA Chevy.Chase Park r City of Los Angeles $25 000.00 Class A Y3/'82 200 Wilshire Blvd. Los Angeles, CA County of Orange ,E1.'ConeJo-Nrk `Ii134 1h5` 0 Class A 1/3/83 1300 Civic Center Dr. Santa Ana, CA DESIGNATION OF SUBCONTRACTORS In ccxtpliance; with the "Subletting and Subcontracting Fair Practices Act" being .. Section:4100-4113 of the Gcrvvxment Cade of the State of California, and any JA'-' a en&rents thereto, each bidder sha 11 set forth below the name and location of ' the place 'of business of each subcontractor who will pa-rform work or labor or f render sn_rvice to the prime contractor in or about the construct -ion of the work �►" or iirprvverrent in an anrnmt in e, ess of one --half (1/2) of one percent (1 %) of the prime contractor's total bid, and shall further set forth the porticn of the , work which will to done by each subocntractor. On? y cane subcontractor for each If the `contractor fails to specify a subcontractor for any portico of the work to f be perzoar�d under the contract, agreed pp _ he shall.be be deemed to have a to perform such portion himself, and he shall not be perzru tied to subcontract that portion of the ' work except under the oonditicns 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 teen only after a finding zo3ucec3 to writing as a public record of the Legislative Body of the c=ar. :1> t'r , ' By st.•tmission of this pxcrposal, the contractor certifies: 1. wit . he is able to - and will pa xform the balance of all work which is covered in the above sut='ractor listing. 2. Z of the City td,ll be furnished copies of all suxr-contract..s entered = ;' into an& bonds For 111i L i,l shed by subcon `ractor this project. Y iFt i,:'* I I I REACTION i FORCITY +�C�UNCi ACTION Date March 24, 1983 ; .y Submitted to: The Honorable rda;lor• and City Council DIGmitted by: Charles V. Thompson, City Administrator Ore ared"b : Vincent G. Moorhouse W rector Commur�� ��'-�rvifz,�2s ` Paul E. Cook, Director, Public Wok � � �ra�: • A�� uubject: Adventure Playground Pond; CC—G24 �_� "���'?1c1L Statement of Issue, Recommendation, Analysis, Funding Source, Alterna ive Actions, STATEMENT OF' ISSUE rr} Pursuant to City Council approvaL of February 22, 1;1'8 3, bids were received on March 22, 1983) for con:>tructi► i the Adventure Flayground prnd. t RECOISDIENDATIGN Accept the low aid submitted bil F{.j.11. Western Contract ors, inc. , authorize the Mayor to execute an appropriate cor.t•ract, and authorize the appropriation of 7,430 from -lie Central Park Land Acqud-sition Account 970765 to finance, in part, the construction of the Adventure Playground pond. ANALYSIS Following is a summary of the aids r•�:ceived Pori construct) ng the Adventure Playground pol.J : Contractor 'Fatal aid H.J.H. Western Contractors, Inc 253920.00 R. a G. ' Construction 28 , 383. 40 Challenge Engineering, Inc. 281494•35 u Hondo 30 3034. 001 Wakeham Construction 30 , 062.50 r i Rock Waterscape 43,809.50i` q= F. Taylor - Shaffer, Ine. L81605.00 �a *Connected totals, l.e., audited figures. : eaanalysio of the bid totals , including the alternate bid item, re- led that the low bid by H.J.H. Western Contractors is over the amount currently budgeted for pond construction; however, additional' ev funding is available in the -Central Park Land Acquisition Account,. beu!elppinent of the pond will alleviate water quality problems that have -pia ued the program since Adventure Pla;��ground was relocated to its 9. present, :site. r Project Name on�"truGtio0- of Mventurc Pla r un —Pgad-- Des-crip'tic'n MqUestedfundlnq of this project. OWCT PROJECT COSTS I J One-*Tlnx Costs land Is It Ion Construction Furn. tles, E U &., Emen t, Other Toast I EAcqu I I 28,512 . .. 28'512 1 2 Recurring ecurring AnrWail 'Costs F'Add pajr6l It I ons I � Personnil, Merlals b S6jelles uFsl de Sirvices R Total . cost 1.3 Replacementnd,46141 Costs N/A, �qmll • 4. BENEF ITS TO BE.DERIVED VED FROM THE PROJECT ,taw According: -to the requesting departrrvr,ts, development of the, pond will alleviate '. �1: water"qual I ty' problems 'that.have plagued the program since Adventure Playground :wac ,relocated to its 'present site. .. Y 1 PROJECT USAGE 1 i 6• EXPENDITURE TIMING r ,r �y1bSZSiilt:Q.L..iSt ci t nc-i 1 gpp _ roval. • �,, ' YYY.Y.Y. ..Fr•..YYwY.iY '.. .. __ "_ • �r/tiM �..Y Y1�Y1�r�. r- 7. COST OF NOT I MPL£MENTI NG ' THE PROJECT I l 2tevai 1 . y ,. . UIU SlJl-U-l:%i',Y SHEET ')ATE:, 'March .22, 1983 1:yGINEER' S 'ESTIMATE: $22 045 A0 JO .AND CC NUMBER: Advent0re Playground; CC--624 fir DDERS NAME Challenge Engineering, Inc. 31 Dotken Engineering, Inc. f'"A Industries, Inc. S�v F.' TOTAL BID A.&IOUNT ati r �� o 0 9�. Ij#. ....- western Contractors, Inc. % Hando R. -C. Constz•uct,ivn 1�bck ' b ' ilaterscape �3 09IV% . r. Su' peri or Cunite Taylor Shaffer, Inc. i tdakeham Cons t . d-°•• ; • � �._. ••-•ryH_••�_ r1• � ., 11•MA��,,.Lr• �I!__M+rw_ rrY_M_•��M�• • ••w,•_. •r_•�w • ,,.y ,.,;tire,. ,,• ..0 ` ' .• . 'y ,', . REQUEST FOR CITY COUNCIL ACTION ebruary 11, • 1983 Date fi Su bi 'fled to: 'Honorable Mayor and City Council Submisted by: C. W. Thompson, City Administrator ppPROVEIJ � C1�'? C4'UN by: ` Vincent `G: Moorhouse, Director of Co unit ^rv'ces 'x- ZZ i•-• fr Paul E. Coek, Director of Public works CS: Adventure Playground Pond; CC 624 c1 Statement'of`issue Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:u; STATEMENT OF``IS� SUE: E#=fit md, specifications for lining the Adventure Playground pranci have 3Ai. been con .Plans a � pleted by C.ardoza--Dilal].o, Landscape Architects. RECOMMENDATION Aoprove t e plans and specifications and authorize the Director of Public Works to solicit bids for construction. ANALYSIS: s` T.A; a venture Playgroun p g p y' summer Playground'pond is an into ral art of the Cit s s er .youth program, and, as such, is extensively used. At present, the pond is an'unlined.basin and, therefore, is extremely difficult to maintain. Lining,.the,pond would insure easier maintenance and, subsequently, less health hazardous. - FONDING SOURCE: 1,082.5is budgeted for in Account No. 790623. A'LTE'Ai4i ' VE ACTION Deny approval to solicit bids. -ATTACHMENT: None. s: S t CWT: VGM: PEC : DRN: j Y ,.A !1 1 Su' penor Court STATE c F 0 CALIFORNIA In and for the County of Orange M0CC=NCv==M= CITY OF HUNTINGTON BEACH CITY CLERK BIDS State of calirnmin ) County of Orange )M. APRIL L. ELLIOTT That I am and at all tinges herein mentioned was a citizen of the Uri:-d States, over the Age of twenty-one )-ram and that I am not a party to, nor intereated in the six)ve entitled matter, that I am the principal Jetit of the printer of the HUNTINGTON BEACH IND. REVIEW a newspaper of general circvj)at;on. published in the City of HUNTINGTON BEACH county,of Orange and which newspaper is published ft,r the disemination of local news and intelligence of a ;eneral charac- ter. and which newspape.r at all times bervin mentioned had and still has a lx)na ride xubw-ription list of paying subscrilmrs, and which newtimpet has been estAblished, printed and pub- lished at r.-gular intervals in the said Ctmnty of Orange for is period exceedik une year,- that the notice. of which the annextA 6 4 printed aipy. has Ixen published in the regular n. nd entire issue of said newspaper.'and not -.!I Any supplement thereof, on the following daut, Li� wit: ,MAR. 39 10v 179 1983 I certify (or decLitel under penalty of rwrjJury that the forego- ing L41 true and coffee!: GARDEN GROVE I)atelat................................................ 18th MAR. 83 California. this ........ dsy of .......... 19 ........ April 'L. Elliott ............ I .......... .... .... .............. Signal ov?14"l e I We) all A Wj I A 10.1w N 14�� M F -orm No. POP 9