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HomeMy WebLinkAboutLIVING WATERS renovation of lakes at Chris Carr Park and Greer Annex Park CC-774 1992-1993 NOTICE OF COMPLETION 4/26/93 - 1992-09-21Z_/ (oo, 4�S LJ. & LekV HUNTINCTON BEACH CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION To THOSE LISTED HEREON From Subject 10% RETENTION PAYMENT Date CC ADMINISTRATIVE SERVICES Accounting & Records kt�Ocn3 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. AN T. VI LELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: 5/x7 .93 LOUIS F. SANDOVAL 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: / CONNIE BROCKWAY 4/7 City Clerk I certify that there are no outstanding invoices on file. Date: 0574J DONALD WATSON City Treasurer CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH To: Mae Johnson From: Douglas Stack Deputy City Clerk Civil Engineer Assistant Subject: Retention Release Date: May 26, 1993 Cash Contract 774 Please find attached the following information necessary to release the retention funds on Cash Contract 774, Greer Annex and Chris Carr Park Lake Rehabilitations: 1. Declaration of Satisfaction of Claims. 2. Certification of Compliance, 3. A Request for Legal Services to City Attorney's Office - Requesting to approve "as to form" a letter submitted as proof by Amwest Surety Insurance Company, bonding company for the contractor, stating the existing bond covers the implied one-year warranty period as stipulated by Section 8 of the City's contract. 4. Copy of said letter from Amwest Surety Insurance Company Approved "as to form" by the City Attorney's office. 5. Retention Payment Agreement - Between ECCO Equipment Corporation and Living Waters, Inc. Payment shall be in the form of a Joint Check issued by the City out of retention. 6. Retention Payment Agreement - Between City Concrete Inc. and Living Waters, Inc. Payment shall be in the form of a Joint Check issued by the City out of retention. Should you have any question regarding the above subject matter, please call me at x5078. Thank -you. xc: Robert Eichblatt, City Engineer Douglas Kato, Principal Engineer Project File "Contract Administration" RETEN774.mmo DECLARATION'OF SATISFACTION OF CLAIMS I, LIVING WATERS, INC. , state: Name of Contractor 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitledCREER ANNEX AND CHRIS CARR PARK a n d dated 10/28/927-774 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 c' the State of California: (if none, state "NONE") CITY CONCRETE $31,788.38 ECCO EQUIPMENT CORP 2,017.00 I declare under penalty of perjury that the foregoing is true and correct. Executed at JRFA — on this 24 day of MAY (SINyWiturle of Contractor CARL J LOZA, CEO City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act - and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-774 GREER ANNEX AND CHRIS CARR PARK roject 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 less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicablelto the wage rate paid. Signature and Title CARL J LOB, CEO CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES RLS No. Gail Hutton, City Attorney Assn To Ala .'. Date—%-�i Date Request made by Telephone Department 7,9. 1. N3 DO'S NOSLE/DO'uG ST.AC x-5078 PJbL1C lti'Or2K5 F_N I.\T-ERIG INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for CiLy Attorney to respond. Please attach all 2ertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: [ ] Ordinance P9 Opinion [ ] Stop Notice [ ] Resolution [ ] Lease [ ] Bond [ ] Meeting [ ] Contract/Agreement [ ] Deed [ J Court Appearance [ ] Insurance [ ] Other Is Request for Preparation of Contract form attached? [ ] Yes [ ] No Are exhibits attached? Yes No if for Council action, If not for Council action, Signature of Department Head Agenda deadline desired completion date Council ?Meeting 1N1.ARti 12, 1993 COMMENTS: Routing: Fce: Cash Contract 774 GCE3 Please approve "as to form:," the attached letter submitted by km-+est Surety insurance Company. Andrew J. Sys)rn, Attorney -in -Fact, submitted this PDA letter as proof that the Performance and Payment Bond issued on behalf of Living Waters, Contractor, covers the one-year warranty period, as stipula -cd by Section 8 • of t1.e City's contract. JCB .Attached, for your reference, are the two bond coverages and the Limited .A,fF Potter of Attorney. SL ADL TM WBS RCS WSA 93-182 This Request for Legal Services has been assigned to attorney ART F O L-G E R / 9 / 9 3 _ telephone extension His/her secretary is . Karen �, extension 88 00 3 Keep the goldenrod copy for your files. Please refezence the above RLS number for inquiries. Notes Filename Date completed: WP No. RCS 2/28/92 Rev. IAN= Am West Amwest Surety insurance Company 7755 Center Ave"ue. Sui'-e 520 Hun,rpl^_^ BEack CA 92647 TEL 7.4 69r-4778 FAX 774 692-8745 March 4, 1993 Douglas Stack City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA 92648 Re: Living Waters, Inc. Dear Doug, This letter is to confirm our telephone conversation yesterday regarding the above captioned contractor. The performance and payment bond which was issued on behalf of Living Waters for The Greer Annex and Chris Carr Park Lake Rehabilitation guarantees the terms and conditions of the City's contract. Since section s of your contract states a requirement for performance, payment and one year warranty, the current bond that you hold covers the implied one year warranty period. If the City is requiring a separate one year warranty bond, there will be an additional premium charge, which Living Waters would like to avoid if possible. Should you have any questions, please feel free to call. Car 'ally Andrew J. Sysyn Branch Manager C: Willis Corroon APPRCVO 1S TO FORIU4 GAII4 VJTTCH CITY ATTOPSEY By:3 Dep1-1• - `Y Atto=05' �ivn Fater May 12, 1993 Roes Dufrene, Vice President Ecco Equipment Corporation 1417 H. Susan Street Santa Ana, Ca 92703 Re: Greer Annex and Chris Carr Parks Dear Roes: _ R LI 117. Od Living Waters owes Ecco Equipment Corporation for rental equipment provided to the above referenced job sites on our project with the City of Huntington Beach. The invoices representing these materials are seriously delinquent but Living Waters does not have adequate funds to pay these invoices. Due to these circumstances, the City of Huntington Beach has requested that Ecco Equipment Corporation and Living Waters agree to have the City pay Ecco Equipment directly from retention funds when the release of retention is approved. Please execute this letter indicating your acceptance of this proposal and return to me at your earliest convenience to expedite payment from the City. Yours very truly, Robert C. Mangold CFO Agreed o Equip n Corporation b RDSS , VICE PRES. --___5/14/93---------- date Agreed Living Wa s by. 4 M C d date 840-B COLUMBIA STREET BREA, CALIFORNIA 92621 (714) 671-0801 FAX (714) 671-0742 CA LIC, NO.238477 HI LIC. NO. 15333 NV LIC. NO.23635 April 20, 1993 - Jean Swift City Concrete \P.O. Box 57002 Irvine, Ca 92619-7002 Re: Greer Annex and Chris Carr Parks Dear Jean: Living. Waters awes City Concrete for materials provided to the above referenced job eitea on our project with the City of Huntington'Beach. The invoices representing these materials are sericuely delinquent but Living Waters does not have adequate funds to pay these invoices. Due to these, circumstances, the City of Huntington Beach -.has requested that City Concrete and Living Waters agree to have the City pay City Concrete directly from retention funds when the release of retention is approved. By signing this agreement all parties understand City Concrete may, at its sole discretion, file a Stop Notice on the project to protect its rights Agreed Ag ee City Conc to Li in a ors date date `��.. 840-B COLUMBIA STREET BRFA, CALIFORNIA 92621 (714) 671-0801 FAX (714) 671-0742 CA LIC. NO.238477 HI LIC, NO, 15333 NV LIC. NQ..23635 DOC # 93-0276344 WHEN RECORDED MAIL TO: 26-APR-1993 03:59 Pik City of Huntington Beach Office of the City Clerk Recorded in Official Records P. 0. Box 190 of Orange County, Ealiiornia Huntington Beach, CA 92648 Lee A. Branch County Recorder Page 1 of 1 Fees: $ 0.1m Tax: 3 0.001 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Living Waters, 840 B Columbia Street, Brea, California 92621 who was the company thereon for doing the following work to -wit: Renovation of lakes at Chris Carr Park and Greer Annex Park, CC--774. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Chris Carr Park - s/e corner Springdale Street/Heil Avenue and Greer Annex Park - s/e corner Dawson Lane/McFadden Avenue Nature of Interest: Public Park 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 accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 19, 1993. That upon said contract the Amwest Surety Insurance Company was surety for the bond given by the said -company as required by law. Dated at Huntington Beach, California, this 21st day of April, 1993.. City Clerk and ex-ofVEio 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 21st day of April, 1993. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. City Clerk and-ex-officio rk of the City Council of. the City of Huntington Beach, California 1154K/1488K z�p LJ • REQUEST FOR CITY COUNCIL ACTI , ,_ Date April 19, 1993 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL � Submitted by: Michael T. Uberuaga, City Administratoo - / i9W. Prepared by: Louis F. Sandoval, Director of Public Works /LWVff ' CITY CLE K I Subject: GREER ANNEX AND CHRIS CARR PARK L ILITATIONS; CC-774 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Living Waters, Incorporated, has completed the rehabilitation of each lake located at Greer Annex Park and Chris Carr Park; Cash Contract 774. RECOMMENDED ACTION: 1. Accept the improvements of Cash Contract 774, Greer Annex and Chris Carr Park Lakes Rehabilitation, and authorize the City Clerk to file the Notice of Completion. 2. Approve the total project cost of $314,433.27. ANALYSIS: On September 21, 1992, the City Council awarded a contract to Living Waters, Inc., to renovate the lakes at Greer Annex Park and Chris Carr Park. The renovation is now complete, per the approved Plans and Specifications; therefore, the Director of Public Works 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: Contract Amount: Construction Change Orders: Supplemental Expenses: Total: Council AMroved $288,223.00 28,822.00 8,647.00 $325,692.00 Aotual_Expenditures $285,534.15* 22,746.05 6.153.07 $314,433.27 As the cost summary indicates, a savings of $11,258.73 occurred as a result of the actual expenditures being nearly 3.5% less than the Council approved amount. *Contract amount reflects actual quantities used for the renovation. PIO BIBB 1 1 RCA: CC-774 April 19, 1993 Page two FUNDING SOURCE: Sufficient City Capital Improvement Funds were budgeted for the renovation of both lakes in Account E-CP-PC-774-6-39-00. A TERNAT ACTION. - N/A ATTACHMENTS: N/A MTU:LFS:DSS:gd 3395g/17&18 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 29, 1992 Living Waters 840 B Columbia -St. Brea, CA 92621 CALIFORNIA 92648 RE: Construction of renovation of lakes at Chris Carr Park and Greer Annex Park , PROJECT CC--774 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 TH PROJECT IS COMPLETED BUT -PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (Teiephon e: 714-536.52271 0 I have received the Faithful Performance Bond and the Labor and Materials bond for Living Waters, Renovation of lakes at Chris Carr Park and Greer Annex Park, CC-774 on behalf of the Treasurer's Office. Dated %Q -170 -?A By: PAGE ONE OF TWO PAGES AMWEST SURETY INSURANCE COMPANY IMAMWOOD Af,0 HILLS. CALIFORNIA BOND NO. 0040013138 PREMIUM 56.764.013 P!OI111will HaSLIi ull PERFORMANCE BOND Aii, o-mqulF,I ;-O&i :nce L;1 Gcmtror.;..I ._:I.r I.I.:•1111 Of G111161 11c;.;y $`Iah L,v G '15u1b1 :'._] ("LJFai WhCll CONTRACTOR (Naone and Address): Ci F.D., INC OBA. L VIN6 WATERS 840B COLUMBIA SI REE1 BREA, CA 92621 OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET r+UNTINGTON $EACH GA 92648 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 7755 CENTER AVE.. SUITE 520 fiUNTINGTON BEACH CA 92647 CONSTRUCTION CONTRACT ApF.ROVED AS TO FORAZ GAIL IMI; CITE ""'O -My R :� Date: Sapli mber 25. 1 J5r C,r. 111'a. 1 NLIW-b'c;1: CC-77 4 Allfount: Twc' Hundred Elyllly EiyhI Th,,uta.1u I1L1H,:j: ;d Twenty Three anti 00 136 Dc;llv.s ($288.223.00i. DascriPbcjr: Marrle and Location): THE iiREER ANNEX AND CHRIS CARR PARK LAKE REHABILITATIONS {-"I f Y OF HUNTINGTON BEACH BOND Arnount: ";:., 110'ItII&I E"zjmy E:y11t ThoHSplll4 IW0 I-laililrc{J TweriitV Three aii i 06 1U(1 oigned, semi, dHd aai6c inns 22nU clay UI t) FH. 1y92 hyt�Sri�^�4Cf• °a _ rip%PO&4,e t e "- 4 �/ �4ii_FOR��� By: Iffm Dollar, ($28,9,223_00). [VING WA 5 v r 1��1:71'.II:; ••-ii f I:Ili l; l: j1 CAR J . LO.,,""-:. AMWEST SURETY INSURANCE COMPANY ANDREW J. SYSYN Attorney -In-Fact Zwll�zk Signature Or Allorney-in-Flzwt 4 UN-A15,0i!I 1:-91 ! (SEE ,.EXI I-:...c FOR TENMS A-j'.:: 0ND,'1ONSi PAGE TWO OF TWO PAGES AMWEST SURETY INSURANCE COMPANY Performance Bond BOND NO. 004001388 1. ThL CU11Lra:au4 alia Ihu Surely, luifltly ai1J ,t.vufaiij. r:11.1 Clemselves, their liellS, Q.%L'Culufs, adllliili5[ralors, successors arid assrtln; to II,L Owner fo tie j onurmaltce of l'le COr!SlruPlll-,n C011t'aC1, w1u;a, is rnCorporalea herein try relerOW.0. 2. If the Cu'1L'aclor l,ellorms Lite C iSIltKA.Zl1 CUnllaca, b-Wuty and R1L Col,UaClUr Sllall (lave :lc (iaigation under tries B0:1d, uni:r;;)l IL: participate ir. confomrlces as provided ,ri SuOparagrapa 3 1 3. If t'n;re is no Owner Deia,ilt, the Si1,Gly 5 otsltgaLrU;: unJ Val Bolo stead illy a"Or 3.1 Tne Owner has noa5ed the Colrlraclor aril] the S,uuty at i!s aamess described in Paiagiat,n 10 butow trial ale Owner is culuido-il:y declaring a Contract Duiaalt and has requested aid allullll,sed to arrange a comererice wrUi trio Contractor and tile Surety .D be null not later than fifteen days alter ruCeipt of such notice lu d1,ci,5S-niuMuds of pedorniny the Constnrction Contract. 11 the Owner, the Contractor and the Surety agree, the Contractor shall W atlow4d a reasonable time 10 Ilerfornl Irie Construction Contract but soon an agreeenem steal: not waive the Owner's right, if any, subsequently to doolary a Contractor Default, and 3.2 The Owner has declared a Contractor Default and lure.rally terminated :he Contractor's ngllt 10 COffrplele the contract. Sucll Contia.aoi Default shall n0i be declared earlier than twenty days after the Goniraclbf and the Safety have received notice as Provided it Sut,parayrapis 3.1; and 3.3 The Omiur !.is agread 1O pay 4ie Balance of till; Gow.ri cl P,icu lL- vie S(,rely to ac U1 anCL w,11: trio terms of vit CGntitr,lG!1ti rr COI'LraC1 or rP a co:ltraclu- selected to perform the Consiruct;an Cunuacl .I -I accordalice wire Irie terms of ire cUCiraci war! the Owrrer. 4. After tbii: Ownu! lies neclared Culllramoi i[1 default did :i_i; scsui ivi lire L'G!14d,;inS 01 Pdragrap:i 3. and the S,,rOty nas c01"aluClu3 i:S (twit prompt aril reaSGrr,I,rL Invusligat:on as tU w:ielriur or nor ore CCi1Irdfa0l'5 puldull :;as a'-R,ally occurred. U,e Surety :riay al its u'wn ciph(in LILr;1 one of J1ore ill tire, IU:lowiiig aL'lIC,1l5: 4.1 Allallud lof file COni:aCaOr, will[ (,unsLill if tisr; Own::1, :u I;erlUnl, aria (:Glllulule [lie COrlsl'ur;IlOfl CurllraCl; Or 4.2 Urldanahe to panOrni and COr:lplete file CorrSl,nclr;,r: C:,nlracl itself, lhlouyll 0S ayuoas or Ulrough iriciepefldenl corilraclutS; Or 4.3 l-)b;ant urd5 . r GL'jUUalt 1 prGaLSdiS irons ircal,hBn .:Oritr,,C,:]rs acci; dGle :is L',a C3v+ner tOr 5 OoillraCl for pertonn311Cu drift Gtllti};,v-"UDi1 OI the C..illSNLCllnn l r)rilraCl, arrange icit a contraci In r1L- ;3'ej;ar6d lot execution try lne Owner arid the Contractor Selected wltn Lite OwnU1 -, concdnertue, 1;, be sOr;uri;., with p0rI0imarlcc-. and i;aynlc=aL berrids exeCuled by a quallliecl surely uquivalertt iq the bonds issuea co illi: CUr)Sirt.(:Lli]i1 Conlydct, arty pay 10 Pei: Owner (he dlr16,311 0: ilaiitages as desCnbuo it Pdrayiapii 6 ill excess of fie Balance of the Coiwaul P•1c;u Incurred by file (Aw:ier rLNolt;r•�, rmn'. lne Conliai-,jul':, uetault: or 4.4 Wa,Ve i!s fryrll lU li .-Rwri an0 COn[pleie, aria-lyc fur coalpielion, of Oblairl a new CoitlraCior ano with rea5ilriable prOMI)U1eSS under tiiu cirCumsiances. l After irfveSngallun, rlelernline the a.NOUnl iGr wrriCh it may De liable to the Owner and a5 soori as praclicaDle aher the anrounl is determined. lefldor payment therefor to Ulu Owricr; Or .2 Deny Iraolli:y it whole or in part also notify flee Owner citing reasons trlerolc,re. 5. If the Surety proceeds a, ;iruvt(i#s(1 irk SUol3arayral0l 4-4, and the Owner reluse5 [lee pnynf,,nt lenCiered Or the Surety nas dunlea i:dtlility, rn whole or in Part, without 1:rr1her notice the Owner shah he eiitided to enforce any ientedy avallaule to the Owner. B. After the Own r nas Lt;,ulrtateo the Contractor's ny.li to complete the ConSlluctiuu Contract, ann it the Surely elacls to act ueldoi Subpara'-jraph 4.1, 4.2, ur 4.3 above, Llien the respoiis'ndnt:5 ul 1:1e Surely to tire Owner Slidil nc,l be greater clan those of the C(.f,[raciof andc:r the Corislr,ic:1Pn COnitai7L and ine responsibilities Of vic Owner to the Surf-iy Sliail i%oi nia greater [Iran those of the Owlio! ;blear ;i'e Constrtwaoi- C,in Lracl. To 1•,i.; iirnil of the amount c,1 tl1.c Fl:,:,f:, hill sublet; 10 uOrrlllcll'le'-1 ley LISP Owilt;f of itte Balance of Lite CU:11rac1 Prfi ',6 mlligallr;n 01 i_i,sls a it ua'.fiis }ua tort the Consirucllor C.:11'1rdc. me Solely Is ou!i sled Lval.;1t,! oupicaLun lor: 6 1 The• ies i7riiaiiiiiu, o! pru CodraCtor to,` ar .teleGlive work aril colliplii:10r, (, Irie CurISIrU{a0r'. Cont-a'l; and 6.2 I-tquidalea ;iJinatlr;s. .,r ,I no Ilqurdaled darliayei5 are Specified it the C01161loctichi Cufdrac!. actuai damages CbUtF--;i i:y ilulay_i: perltlrirancE; U1 UI the 00111faC101 7. Tho Sur0Iy Shall 11,i1 be 112LrUlu to ate Owner or curers lot ohGga[ions of Lire CofaraClur that ale UnrU[atud to the CO115llUrl6011 00,,1111s.:1, a11d [rid Balance of the COrilraul Price Shall riot be reduced or set ore on account of any sr,cn unrelated onligauons- No right of action sha!I a:c:r,ie pn iris Bond to any person or 6rn1[y of ter than the Owner ur us heirs, executors, administrators o[ successors- 8. The Surety hereby waives notice of arty Changc, I:lcludlriu changes of lime f.i the Curiblr,Ji•Ii lrl CJnlfaM Or to refalcd subcurllydc:s, p,,rCl:aac orders and other otiigatiuna. 9. Any proueec:irlg, iegal a L-1'.,IId1;le. mdur lli:S BJn(1 ,11i,y lit; ilislltuted 11' ally Lutd: 0! t;omp.:luni I,,ribui iui, r, the 1;joauon in which the wo'k Or part Of Lhe work is lxalud anal 5nall DO inapt[ it :a witnirl Si,. mOl;llls after Con!raclur Doiaull Or wiLhin SIX mC,11:11S alter tree Contractor ceased working or within six moidhs ahar inu Surely ialosud lairs to'perform i!s obligations under tli;5 Bond, whichever O,:CUrS first. If the provisions of this Paragrapri are void or piolirbiwil by iavr, tire nlmairom purluo of limitation avalaPle to surfslit:s as a defense it the ;(;risdiclio-i of the surl anal; be applicaute. 10. Notice to the Surety, Ulu Owner or the Contractor snall be ,fia:led or delivered l0 the address shown on the signature page. 11. When this Bond has been lurnisheo to comply will, a StaivtUry or other legal requirement 1r, file location where the construciull was to be performed, ally provision in toss Bond conflicting wall said s:alwory or other legal requirement shall be deemed incorporated herein. 12. DEFiNtT[ONS 12.1 iShcanCB of the Cuntracl PrICe: The Iola% du utiiii j;oyable by the Owrter IG ore 00111laGIOI Un06f the CiOliSlrLICUPh Cu-araci dour ill proper aylosirrlenib hays: hoon made, 1nclu0lftj alOwance to the Contractor or any arrlouitls reco'ved Or to bU received by irie Owner in S01110,11-.;;li iii i:Strra oc: i,r oilior c!aim8 for dallidyi:; t0 vrhr;n tnc; Coniraciur is Llriil.r-d, or mooted by all valid and proper p3y;riLr!IIS rfla,10 IO or eii Isd',a!f ill LllL' CDllI:a:.Ia' J:ioer the ColS:ructi:w CSntiaia- 12 2 G-JrStruCli0:l Coiaracr 111c agreen,er:l ixs!woul: [fie Owllel and Lne C01W r 1,.: tut: ,111,,:.7 (10 lkO Si!la6L.ilu I%isriu, 1ft:;l,,rl. i_I ill: i:i:r.,1a• I Dcct,:r.,jril� :vid u:);anyeb liu:rt lUj 12.3 t,.oi,poc%ii FiulurL• Of lfii Cur 11,, .fur, .:ter.::; naS IlllllNUr be0!1 n;,laxii:;: , A t:.,1.1cul it, !i:L� term:, U inu C011511UMIU11 Cor,uacl. 124 Civi;,f77 Del-Li,dc Fadt,re Ul tile Owf—,r oel:1.11 nu, HORN,[ bled felnit(li;;l rr,,l WdlYr;i:, !O lily' IlliCo,llln(:l nr aJ l,1' I,i; 1,01 il'ri".r kit It: ;,dOUrIll alit: l:Gl1l.f Jl lV- ,. ,- .!111,;y Lv1111 1!1e NhUr lUrlllb n(;rejt. 2 UN•A300 i •_. � I NOTARY ACKNOWLEDGMENT State of CA County at ORANGE Oil October 22. 11192 before ine, K. BECKNELL _ _ (here insert name) Notary I=oblic, personally appearod ANDREW J- SYSYN personally known to me (or prover i tr.; me on tr,e basis; Of satisfactory evidence) to be the person(s) whose nam;,(sl ts'are subscribed to the wilml'. I-`strumeni a.:d acknc vdedged to me all trial he She .they execult~c trig �;Lvria In firs her !hair authorized CciF1�jCIT, tIe>], �!1 J mat by his their sk nature(s) can the insinji few il)e parson(s), of thu entity u-i.n behalf of which h acit✓ci, r--xecuteo this instrtilner.t. c tiNITNESS my hand z rnd official seal. f'- ; V g gCKNELL Sinature I (Seal) V, Cc^ 't ODec. P.1935 • CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING I INDII'IUU ;Cosy PARTNERiSj GUARDIANICONSERVATOR NAME OF PERSGN(S) OR ENTITYliES; CORPOR JE_ ® ATTORNEY IN OTHER - __— -- AMWEST SURETY OFFICERIS) Q TRUSTEEISI -..._ - . INSURANCE C010PANY SUBSCRIBING WITNESS ATTENTION NOTARY. Although the information requested below is OPTIONAL it could prevent fraudulent attachment of this certificate. I HIS CERTIFICATE MUS1 Document Title or 1 y:- ;_ �E ATTACHED TO THE DOCUMENT DESCRIBED Number of Pag4s- - - _ -- DocumentDate: HEREft. Signer(s) other tnar; nart,,�d above: AuN-A9016 17,111 State of CA C'c,unty of ORANGE tin before rife, NOTARY ACKNOWLEDGMENT (I-iere instal name) Notary Public, peisunafty apf,t,ated , personally knomi to me (or pfovao tc me on the basis (t satisfactory evidence) io be the person(s) whose name(sl is are subscribed to the within, Instrument and acknowledged to me all that he-s;Iwvtriey executed the same in his,herrtheir authorized capacity(ies), and that by hisiher-their ,ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrurnem WITNESS my hand and uftfcial seat. Signature (Seal) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAUS) PARTNER(S) GUARD-AWCONSERV.ATOR NAVE OF PERSUN(S) OR ENTITY.iLSI 1 Q CORPORATE ATTORNEY IN FACT CrrHtR--_ _ - -- — -� OFFICERS) TRUSTEE(S)-----._.. - ----- --- -------- -- _ _--- SUBSCRIBING WITNESS_ --_-- ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate_ THIS CERTIFICATE MIDST Document Thie of Type BE ATTACHED TO THE NWTlbei Of PE geS: Document Da(e: DOCUMENT DESCRIBED __._. _ _ HEREIN: Signc;-N) older than named cbove; A/0% UN•A901617.911 PAGE ONE OF TWO PAGES AMWEST SURETY INSURANCE COMPANY WOODLAI !I) HILLS, CALIFORNIA BOND NO. 004001 388 PREMIUM $6,76:.00 Plemitim :rlclu.:ied rn JC:I%[.IrnG�ICI I:,.. PAYMENT BOND Any singular reit-;ience lc, C,:nitlactur. SW: Ay. 6WI:c1 or oll)ar pa;ly Shall ue COILSide;k;C I)Iula) v,l-Idre applicable CONTRACTOR (Name and Address): D.P.D., INC. DBA: LIVING WATERS 840B COLUMBIA STREET [AREA, CA 92621 OWNER (Name and Address): (:ITY OF HUNTINGTON PEACH 2"100 MAIN STREET HUNTINGTON BEACH, GA 92648 _ SURETY (Name and Principal Place of Business): AMWEST SURET)' 1.%S!-JkANCE CC)MPAN T 7755 CENTEN AVE. Sir T F 520 HUNTINGTON BEACH CA 92647 CONSTRUCTION CONTRACT A .' x --Y L'E i k -Orr Dale: Septerrioer25, 1992 i.i.nhaCt Ncrllibef: CC-774 Arnount: Two Hundred Eighty Eight Thousand Two H-x,liad Twenty ThIeC arA 00:100 Dupers ($288,223.00). Description %Name ar-0 Localionj: THE GREER ANNEX AND CHRIS CARR PARK LAKE REHABILITATIONS iv:TY OF HUNTINGTON BEACH BOND Amount: Two Hunarryd Eignty Eight ThOUSGIriI TWO ri-mid.'ea Twerl,ly Trued anc: 06- 100 Doltais {$288.223 uvi Signed, se aiacl and ccac:,i this 22nd day ut OCTOBER. 1992 y�/ JY t11��yC ie�p�r•oRS,fa ' D F.DI 11-4-1OBA: iWING WATERS By: CA L LOZA AMWEST SURETY INSURANCE COMPANY ANDREW J. SYSYN Auorney-in-rec t By: ni ,• Signature of Atiarney•in•Fect 11 U A.a.. -. i - 0 ISEE NEx-1 PAi;E ►(iR TERMS AND GijrJGIT1DNS) PAGE TWO OF TWO PAGES AMWEST SURETY INSURANCE COMPANY Payment Bond Boi,jc� roc. 004001388 1. Tfle GOCTICLOI W16 --,ilfty. ]loii 'Ily at id 'm.VOIC3 IV. 1) 1:'; H uuthuivus, vieii nevs, exeCLAL)l S. ZiLDI'miSli aIO' S: Sdct;essurs and oss.ij: is t-" it u Ow.-61 10 [)ay 101 1:-&1.r. 11.Zill.-lials and eqjlpnlrjnj f.jrli;aiu;A i.,i isL- in Elie jjEjrIorn',ariCe of jlta C0i.slftj2LiCj': GOWrijC1, M'-PLI! lJ 1r)(A)II)ON11ad hz;:u.:rl uy neleit:t;ic.e. 2. With respe-cl to tric Owi.u!. 11ii5 zlblifjallu:i Siiafl ijc! .,!;i it,.: ".lilt 11 Lila Contractor: 2. f Promptly rl_,kes pay,nent, directly or vidirt;Glly, Lot 'ill :,ilis (jL,u DaiiiIiiiin15. a;id 2.2 DtleildS, 11`101ANTINfICS and 11010S harmless die Oviiii:: IrLdll dil C"difflS. 111jilti 11! 5;J11.5 by arty PUNSL'r:l Of entity materials or equilifuwa were twirnished lor use if% tlii.i of tliL. Consir-LIC10; Curlvact. piriviijud Erie Own& has plumpily -iObiled the Co-aiai:tur arin trio Surety (at the addrfSS dUSCnI)f;(I 1;' ".11 11 ) of ally Cla[1116. DC:1!ldrG1.L;• lions or suns ai'A Lanicluted of f­.t: if d5iins. Ciemarids, I:Ljns Or SLJIS to the Cofitraclor avid if it; <.voiy and [w.wideo tnere is ri, Ow war DUM.Al. 3. Wil.- iespoc; I,', Gaiiinia i'.s. 111:5 obligallion shall :.- ..:.i! 11 ilid C:intrai,::0l if,ak-J!, lib')'11,01. jlrLfL".'y it 11 1.1116LA', P. 5.1:.1!% due. 4. The Surety 61Cl:1 ICJ LlUliUE111011 10 ij.alw It-4 Uribl: 4-1 Giairriai-.ts vliu cijE; r�mployed by of have a tfi.e(a (,rilraCt wil:1 the 1.aVL given rK,iiCc; to Inu St)[&'.y at P.(J. CJL -4t)CjU, Woodland Hills, Catillornia 91365-4500 avid Sent a COPY, or notice Ifiefecd, to the Owim, stalling tltii a ~taint is bwaig made 11:00 011Z, B0110 arid, with soris;wiliM a(;ctjrar-y, the aniNfli! 01 the Clallil 4L' .1 HavL lij,'oisnad written rLobou to lll%i C­1l1jl(jG:L)l aii,,j buni 3 Curly, ur 1:1t�['ENjl tL, !h.; C.4'jilUr, W"Itilil 50 111ILl J-.; poriornied laL):I-r or last furnistiou niaLLI.r.al.,, Or L-QwpifiOnt incit4liAl iri Ule Cld%lrS bliibr.g. w:11, sijbs;a; ilia] llvaf:iouw ul ini: c:laiil,, ai-d no iiAine of the iiaoy iU whin' fill: imaiarialb cadre II.A.-ASI-bed Of Of ICI-' A-110111 the lobar was tlj;iu or .',urturoic.t.j. and .2 Have e.11)6r iuceiveii 3 feluL11,11. 1:1 Vjhtilc %ji 11; Iron) the Contractor, of !.:,! ie-_"uivGU v,r.ui;i 30 11i:1,15 jt ILAMISIWly il%Lj ahove n0141',0 ally G01`1111ILinication fion, the Conuiutci ny which the Contractor has LI_1Cfl0aje(j irtu c.iamit will tic: paid directiy of ;ndin?.GlIV: and r,4ot having been paij within Erie ab�.,ve 30 tw,,�, 11av2 serif a wrillen notice to tne Surety at P.O. Bua500, Hill", California 91365-4500 and SoM a Capy. 01 110IlL;t-. thereof, to Ine Owner, stating (nat a claiii; is being made tindof lh;z, 3 iid and enclos,ng a copy of the previous wiili�r. i iont.u. itimudiod to the Contractor. 5. 11 a fio'.iue reqt,iri-:: by Pdragrapli 4 is givei, by liiu i1wuor to It, Coll"Faclor or to the Surely, vicil, 6 S;jff'f;lUlil, CCjf1'PIlWi,;1� 6. The Siaiy's I[o,al 1iiiii9al,uii shall not wG(ed :if'-' 11-11LIL1111 :J' this iJwid, and life anlowil 01 IliiS Bulit-I sli;it; be o!ec;itjJ w! viy in goon fail'i by flh; 1__i,!rL::y. 7. Aamonis owad !.,, JILV Ovouer to 1110 CiOnliaCloi wiot-., iif, GkinsLULIC11011 C0111faCt ziil;:.Il I-! jtu(j lor trie parlujoidiic.r, to 0-0 C0iiM:kj(.'Il0lt ConiraN and to s:fli.-iiV ::lands, if any, under any 04)iLslrutaiuiis PiirlDrinariCe Bond By 111V (.,)f!i:'ac:tjr ligrinisiling ariLl 1111.: LPIA-1101 Bond, !hay 3grel, Lliii all fiti-cJs earned by the C.oiiii3clo[ m nit; 1pt;itcjniiance of th-.: arc, dodicaujii t-, the Coillraclor and rl,is Surely tifidon this Borid. I;) thl; 0mi',-1 t. :,Iiollly 10 Ill..: it110-. Nil :!If-. L:-.lf:1l7lIoI.U.1 C)' IrM 8. The. �j..rcj,- ' sl;, I -i-. i1a liable;L. ,n,' - -i :; Ov�iL,C;!'11lr'aji'.. .. .1 ::i,. coro.ra.-.L. :j I, I ,;I Dv 46'j.0 tC, 11 1 E,! I CeS 4. iAi, Bond. 9. The SWOLY h�r -.N. j -fr)i':Os ioliCv c,t any .:Jja.jrjLt..-. j '-ill �1(111r' :C' llii•C'L;l Z'..11..-:ww ')1 ic, relnh:i: orders a-.rl 10. No soil cif acii:ji, wiziil ix! xininienced E;y a C;i!.11-01.1 --i--i 1102. B.jud Gilier 111i211 in a u;,tirt (,l' c611'4ijWr:;iQ jurj5diCjlC)li L11 the 11L VAII(J. the work u: f-Inj %)I VIU W01K 15 IMalecl or ziflei thL- ol s:� iL]QlllllS 110M InL- Jale (1; oil wroth uiv clainiarn gavz, the ;,Wlce lf-quilc-d L)v Paragrajji -3 1 or Giauziu » 2.3 or (2) oil wtuch Inc; L.)r service was wriormeo ny anyone Of the Iasi ntalvriah., (if u,juipmeni word lurnishel by i3illjOnU UridL:t inu Construction Crinirarl %inii'liuveF of 11) or (2) IlfSt OCCLPS. 11 ffil3 1)rDViSj.,.)[,S or Jrj:S Parzag,apll ale void b! PrOhibili-,O ',y Law. Ilit- 1111i:'litlillm period of liirnitafir.n avai;ruji.. Z.! soreiies as a (jelense in tire jonsdiclion of the sm, shall iju app;lZ;aDjt,. 11. Ncit-o-e ic, we Surety, lne Owner :jr thlJ 10 mailed or delivered to ll%u a0arct'b spaud'ud of hilcm., On iht: Payid Actual rece-pt of notice try Surety, the Owner or itie lktjwever acconnpl!sned, shall Lie SLItti:nUi! cornpiiarrCe as of the d'1lv:re0(!!vw a[ the address show!,. oft life signature page. 12. When wis Bond has bcje;i furnished to comply wi'll a .L 0111kIly Or other legal roquirenieiii, to 111l.; 1OW11011 where Eke t:onstroclxjll was to be performed, any provision in this Bond 4ontliCling wilt. zjaio StnLLjL(,ry Of icjLjal requinenieni shall be deemed deleted hC101101-11 and P!',JJ:,SbCllls conforming to such statutory Or other legal requirenient shalt i,L- Jo riecj if,curporaied herein. 13. Upon request t3y ciny pui5on or entity appeacirig lu Is .; 1-itjrillicil, wriuliciary a! fts Bond, Elie Contractor shalt prOmDtly ltjrritsIi a ':afj,, oi this Bond or shall permit a cony to be rnado- 14. DEFINITIONS 14.1 Claimant- At. it%--; vid,jal or Firit-ty havirig a J-ri..L' . -i! 11 vc1:11 Eric; CorlxaciC,r Ln wive c, skmonirisZ,,to= of laic, C,;,iiractor to iimnsn maienals or eq,jipment for use in the perlorirfiarlc;c :)! il'-, ULIfil'aCt. 1he ifilent cjj lairs Bond wiall be to include VVIII'101.1l linnlauor-i i:i u-ie 1ario5 "lauor, materials or equipment" that pail of water. 96;,. .),iwurL light, heal, at!, gasoline. toloohone service or re,mal oqUipffleill. Lis,:;d 141 0to ConsIrLICtiOn Contract, architectural and enqirl6enr,,l zz-A.'-'.'l,_lJS Yu(4u1r0(3 for fierlofinance of Elie work of the C0i1Lra(;LUr alit! 010 C011tra(A01"S SUbcontrac.-mrs, and all other ileins for which a [jell may be asserted in the jimsdiction where tne IaLior, materials or equipii,uril welt 101nishoti. 14.2 COnMitithi,;, 103fitr501: The aqrr.-oinatii ljelwc;tjti till.; OV0110 and Hit; Cotilramor 1dul!Iltla(J Oil It!,:; L;ignalLife pdgCb. If:.,'ItjllflU 31: cul-hicl Doctin-;.iits alit: J;anyij-5 thereto 14.3 Olt il, I 11J�"111. r.il'ire 01 Illu Owliol. will(-1, huu.i ri.w,tnosd i,,jr iJ poy iiic. Ct,!itiji-tjr as it.t': ccult.irl,cli,iii !',) via,t or if) perloirit ami Ct;,ri P,0.Ie 01 Lryll I Zile. f,tl,' j,,rl;l'L; NOTARY ACKNOWLEDGMENT gate of CA County of ORANGE On October 22. 1992 before me, K. BECKNELL (here Insert name) Notary Public, personally appeared ANDREW J. SYS,/N , personally known to me (or proved to me on the basis of satisfactory .evidence) to t;e the person(s) whose names) is -are subscribed to the within instrument and acknowledged to me all that he she they executed the same in his nertheir authorized capacity(ies), and that by his her.their signature(s) 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. ;.��;�?�_ K. BEChNELL C 4_ I- CRri1A C= W 1 Signature (Seal) ; -`i ,r Cti .G CcE. pn TY CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) PARTNER(S) GUARDIAN�CONSERVATOR NAME OF PERSON(S) OR ENT!TYi:ES; CORPORATE -- ® ATTORNEY IN FACT OTHER_____ AMWEST SURETY - OFFICER(S) J TRUSTEEISf - INSURANCE COMPANY f SUBSCRIBING Wi1NLS5 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST Document Title of 1 ype - -- -- -------_---�------� BE ATTACHED 70 THE Number of Pagan Document Date: DOCUMENT DESCRIBED _ — HEREIN: Signer(s) other than nwrleU Aft UN•AS016 (7:91 ) state of CA County of ORANGE On before rr,e- NOTARY ACKNOWLEDGMENT (here insert narrle) Notary P:,blic, personalty appeared , personally known to me (or proved i; me on It,e basis of satisfactory evidence-:, r,,1 be the person(s) whose name(si is are subscribed to the within instrument arrd acknowledged to me all that he. she ;hey executed the same in his'her their authorized capacity(ies), and ti-lat by hisTier.tneir signature(s) on the instrurnenl the person(s), or the entity upon behalf of which the person(s) acted, Executed the instrument. WITNESS my sand and official seal. Signature - (Seal) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) PARTNER(S) U GUARDIANiCONSERVATOR NAME OF PERSON(SI OR ENTITY;IES) I CORPORATE - - -- � .ATTORNEY IN FA(""[ � OTHER OFFICER(S) _.. — TRUSTEE(S) SUBSCRIBING WIINL tL- ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate. THIS CER1lF1('4,TE r41.1ST BE ATTACHED TO THE DOCUMEW DESUR!LtED HEREIN - Document Title or 1 yI-'E NumL)ei Cif Pays::. DGCUrner-1 Date Slgnei(sl nrnei 'Wit) ^1.:;1 al;QVe; -- - - - -- J' = UN-Ayu16 I7-911 BOND NUMBER PO%%'ER NUMBER NOT VALID FOR BONDS 004001388 _ _ -bg EXECUTED ON OR AFTE 6-11-91 — - ...._ . -- ----------- PENAL SUM oaLlc>-µ-03�Y�FiUNTTi�GTDN-HE7H_—_ - --W _ '.T S288,223-.00_.___- _Y3 e —. -:_ _ - : men: is i ,t_d or, ...phi co:c-ed sezu-lt. 3a e- +:.. :la_. and -ed ;n.-, %%4,. t bo`de-1n olae ink and bea-s the `alsed r :es Stzrety lrsurarce Cc:rpa-i "Cc n ~� ". On:% un=:.e`ed onginas cf th:s Power of A-Rornev are val:d. • 1 .,n., '''1 an. d .'P 1 ....-'c��ter o:.�aorne�• is'.a_iC s..le.;•:^ c.....'-ectt.,n •.:ith~_t'e c�;ec:ion ....d ..eli�•e-� o` :..� bon -noted no.ed above and mac not be ::sed in co. ;unct:on wnh any other pc«-e- o- a.tonac . 10 renresemat'ons or war-anties regarding this Power of 'Inorney may be r : ae by any person. This Power o- Auorne•. is go•.ernec b}- [ne lams o, the State o: California. Am• power of attorney -sed :-, connection wi-,h any bond issued bY the Company must be on this form and no oche- form sha!] have force or ef:ect- K\-O%V ALL \IE\- BY T HESE PRESS\TS, that Am«•est Surety Insurance Company, a Califomia c-=,ora_'M ;the "Company"), does hereby make, corstit• -.e and appoint: ANDREW J. SYSYN AS AN EMPLOYEE OF AMWE�T SURETY INSUFANC� COMPANY its true ar;d lawful Attorney -in -Fact, «!.n 1:m- ted power and authority :or and on behalf of the Company as surety, :o execute. deliver and affix the seal of the Company .hereto if a seal is required on bonds, undertakings, ecozr.'.cances or other A-it!en obligations :n the nature .l-tereof as folloxvs: Bid Bonds up to $YY1,000,000.00 Contract (Performance & Payment), Court, Subdivision License & Permit Bonds up to $**1,000, 000.00 Miscellaneous Bonds up to $*--1,000,000.00 Small Business Administration Guaranteed Bonds up to $**110001000.0 $*--1,250,000.0 -nd m h-nd the Compary thereby. This anpc ntment is -Wade tender and by authority of the By -Laws of t7e which are now in furl force and e:..ct. CERTIFICATE 1, the undersigned secretary of Arnwest Surety Insurance Corhpany, a California corporation, DO HEREBY CERTIFY that this Power o A.,.omey remains in full force and effect and has not been revoked -na f• n—ermore, that the resolutions of .he Boa-d-of D:rectors set form on the reverse, and that the Televant rrc!s ons of the By -Laws of the Co:::raa�, are ro« in f 11 force and effect. signed and sealed atHUNTINGTON BEACH CA t}.'.s 22NA day of OCTOBER 19_ X 0000162174 - 69 1a-cr. G. Cohort- �ecrctan- /%�� D Resolutions of the Board of Directors ::.,��c: ;yam 'errs Po«-er of A,.o-nc%- is sic red and scaled by facsir:_iie under -rid 'ov -he au -,horny of :he :ollon-:;ly resolutions adopted by the iacard of Director_ of mxves: Sure-v Insurance Comp: , at a mec.in_ l; held on December, 15, 19 5: RErOL1 �D, that -.�e P- li ..._.. 1112 Je TC:3 t or ctl': ?Ss:S'_'nt SeCreia C, n a\• "^pOtnt a::07-jC:--...-:= `.,.-.ts vvt',. .. .,. . as dC[:=` or I: :::, in tnc :r.:MMt e' :dr'cing Lhe appot— L ..,Ll%eni in each case. for ar.d on bC :_-. Cf t:ie Co ._ CSCCL]L. ...:a �_.r,Cr .cnC a::LC C:ic SC31 of lie CO "' an)' :J bon- _, underat`1'g_, recogni=..".,ces. an,3 5-CL;•=: :O:'4'1:0- O_.. ofCSL:Gi aUOrnev-ln- !� er otn:�efact or gent and rcroke an; )ov° a7e•ious1}• gran-ed :o such person. RE5,01- ED FURTHER, that a:-y bond'. utlde-.ak::-:g, :ecogri`ance. or suren'ship oh'i_anon s':-:all be and binding upon Lhe Ccrnp=y: (1):._.'"n S]z17Ca b .-res:dC17: or anv .Ce Yres'uC :t a':i :.._CS;".. and sealed ,:i a SCd: be.by a:!v Sec - eta:-,, or A_S__.ant �a. Cis: i : Cr (ii) when sip.7ed `.J the P-esiden: o7 any 'ice President or SCc.C-a--v or Assistant Secretan•, and COU.ntersign ed and sealed (if a seal be required) b,: a du':y autrorized au0nin-in-:act or agent: or (iii) when d-.:lv executed and sealed (if a seal be required) by one or more a.,omevs-in-fact or a-ents pursuant to and within the lim is of the a L ;&M. ev=denced by -he po«°er of attorney :_s::ed b hz Compan-v to such person or persons. RYSOL% _D FUR T --:.E ,. Lrat -,l:e s:g"__at�-e of ary su-.hor.`ed c ricer ar.a' sea'- of he Co:.7pane may 'De- of:.xez: by facsi7,' e .o any power o a:to- _cv or cc.-,U cat:O.^. "hereof aurhon_-;na L_:e and del-v `�. � v a_ errs of a..�� erd, recog:7�Zance, or Other surev-ship obiigatiOnS o: Lie Compam: an- such sgna*ure and seal x;"hen so used shall have the same forve and effect as though manualh• affixed. IN NNITNESS WWEREOF, mvveSt Surer• I_surance Company has caused these presents to be sighed by its proper officers, cers, and i:s corporate seal to he he-e::nto affixed :his Is- day of December. JQ ORq'•CF's sin:~ (/roP 'TATE 0= C-;L'_FORNIA. COUNTY 0= LOs :\GEL-5 _0. E. Kc.'2^. G. CChP... >aCCe:eR' On this Is, cat of De[c nbe., '_990, personal':y e before me }a 7 E. �rvaQe and l:zre:, G. Cohen, Lo ^e knONX : to be the indi-.-idua:s and officers of y r,ves: St: -et}' insurance Con:r=, who executethe above iris:-::: ent. and t-er have ack low:'edged L ,e e\ecu.ion o:.he sa--e, and being b,,.- me duly sv:orn, d:d• se:•e.­ll}' depcse and say" »,a::het' are :he said of;iCerS Ol i:!e ct r^ora.io-, aforesaid and that i-ie Sea'- af: XeC .c Lee above ins-n:-reni is L e seal of -ne cc7p0rat:cn Grid .-hat said corpora-e sea_ an,--' their s. s:gra.ures as _ch cf`icers were duly zlxed an& s bs:nbed Lc• the saic irs:n:-nen, -N L^e zn-norin- of the Board of D'_rectcrs of sa:c :orpO:at'.Ori. .. OFr'ICLAL SEAL At�[AroroBryryZAMU DIO-SO'US • r Pr11N;,'PAL OFNoFi�CE W LOS ANGELES C oUN Y y Canniabn bpba ICJ Ana B So::s, Nota: v Restrictions and Endorsements - - .. M ` CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LIVING WATERS D.P.D., INC. FOR THE CONSTRUCTION OF THE GREER ANNEX AND CHRIS CARR PARK LAKE REHABILITATIONS (CC-774) SECTION PAGE 1 STATEMENT OF WORK; ACCEPTANCE OF RISK . . . . . . 1 2 ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS . . . . . . . . . . . . 2 3 COMPENSATION 4 4 COMMENCEMENT OF PROJECT . . . . . . . . . . . ... 4 5 TIME OF THE ESSENCE . . . . . . . 4. 6 CHANGES . . . . . . . . . . . . . . 5 7 NOTICE TO PROCEED 6 8 BONDS . . . . • .. . . 6 9 WARRANTIES 6 10 INDEPENDENT CONTRACTOR . . . . . . . . . . . . 7 11 LIQUIDATED DAMAGES/DELAYS . . . . . . . . . . . . 7 12 DIFFERING SITE CONDITIONS . . . . , . . . . . . . 9 13 VARIATIONS IN ESTIMATED QUANTITIES . . . . . . . 10 14 PROGRESS PAYMENTS . . 11 15 WITHHELD CONTACT FUNDS, SUBSTITUTION OF SECURITIES 12 16 AFFIDAVITS OF SATISFACTION OF CLAIMS . . . . . . 12 17 WAIVER OF CLAIMS . . . . . . . . . . . . . . . . 12 18 INDEMNIFICATION, DEFNESE, HOLD HARMLESS 12 19 WORKERS' -COMPENSATION INSURANCE . . . . . . . . . 13 20 INSURANCE . . . . . . , , . . . . , . 14 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT . . . . . . . . . . . . . . . 14 22 DEFAULT AND TERMINATION . . . . . . . . . . . . . 15 23 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS . . . . . . . . . . . . . . . . . 16 24 NON -ASSIGNABILITY . . . . . . . . . . . .. . . 16 25 CITY EMPLOYEES AND OFFICIALS . . . . . . . . . . 16 26 STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 16 27 IMMIGRATION . . . . . . . . . 17 28 NOTICES . . . . . . . . . . . 17 29 CAPTIONS 17 30 LEGAL SERVICES.'SUBCONTRACTING PROHIBITED . . . . 18 31 ENTIRETY . . . . . . . . . . . . . . . . . . . . 18 0 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LIVING WATERS D.P.D., INC. FOR THE CONSTRUCTION OF THE GREER ANNEX AND CHRIS CARR PARK LAKE REHABILITATIONS (CC-774) THIS AGREEMENT is made and entered into on this 28th day of October , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LIVING WATERS D.P.D., INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids fora public works project, hereinafter referred to as "PROJECT," more fully described as 5 v the -construction of the Greer Annex and Chris Carr Park.Lake Rehabilitations (CC-774) in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF Wa'RK;__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 9/92:395:AFJk 1 ' encountered in'the'prosecution of work, and for all other risks of any description'connected with -the work, inc°luding,'but not. limited to, all expenses incurred by or in consequence of the suspension or discontinuance of -work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. &CC'9PMNCE OF CONDITIONS OF WORK.---PLANS-AND SPECIFICATION CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the'Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to.be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. 9/92:395:AFJk 2 "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue; Los Angeles,•.California 90034,• and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California,Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the .matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said 9/92:395:AFJk 3 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 Two Hundred Eighty Eight Thousand, Two -Hundred Twenty -Three Dollars ($288,223), 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 sixty (60) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required 9/92:395:AFJk 4 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 9/92:395:AFJk 5 proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a s Notice to Proceed has been.given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the cute 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. L-IMME3GEMA CONTRACTOR shall, prior to entering upon the perform- ance 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 9/92:395:AFJk 6 0 under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Three Hundred Dollars ($300) per day for each 9/92:395:AFJk 7 and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond -the control and without the fault or negligence -of CONTRACTOR, including, but not restricted to, acts of,God-or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes,.unsuitable weather, or delays of subcontractors due'to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW,in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR +is•not 9/92.395:AFJk 8 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 9/92:395:AFJk 9 such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder,: provided,,however,.the time prescribed therefor may be extended by CITY. 13. VA IATIONS'-IN ESTIMATE6 TITIE The quantities listed i.n 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. 9/92:395:AFJk 10 14. PROGR SS 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 wil•1 bring the payment's of each month up to one hundred petcent.(100%) of the value of,the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 9f92:395:AFJk 11 15. WITHH LD Q.NTEACT7FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with,the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage'to CONTRACTOR'S 9/92:395:AFJk 12 property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense.- CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 19. WORKERS' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires. every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with all such laws arid' provisions prior to commencing performance of.the work hereunder.' CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit-, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 9/92:395:AFJk 13 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms.satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One -Million Dollars'($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIfICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing 9/92:395:AFJk 14 insurance coverages as required -by this Agreement; said certificates shall provide the'name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the-foregoing'insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carkying the foregoing insurance:shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within 9/92:395:AFJk 15 ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original' plans-,-.spec•ifications, drawings, reports, x 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 Qgygrnment Sections 1090 et seq. 26. STOP NQTICES; RECOVERY OF ADMINISTRATIVE COSTA CITY shall be entitled to recover from CONTRACTOR its 9/92:395:AFJk 16 reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to withhold, or any similar -legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one -hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27.- IMMIGRATION - CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions'of 8 U.S.C. § 1324a regarding employment verification.- 28: NOTICBS All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business -of such party, or to any other place designated in writing by such party. 29. CAPTI N of the Sections:of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 9192:395:AFJk 17 30. LEGAL SERVICES -SUB -CONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. LIVING WATERS D.P.D., INC. B Its: - By: n=z5� 4 Lotq ATTE T: City Clerk,(/ CITY OF HUNTINGTON BEACH a municipal corporation of the State of California- n •;r. -. a ' Mayor S APPROVED AS TO FORM: City Attorney of Public Works _J THIS FMDOWKENT OWUS'THE POLICY 10"IMFITAO IT CAROM HUM WORSKAEST ROOM 1 F -YOU AK FOU !Q TO M ANOTHLP PERSOH OR ORGANUATION IS ON BUITIONkL 1 BMU 0.!,, Thi S POLICY UNOrk A KkIMN CONTRAC) GR MGM! CURRENT0 1 N U VEW OR OLCOW %, i ! FiCTiVE OURINI 7HF TER14 Of TYE Pnj XY AND A CERM KATE 0; !NSURANUF 1151 INP HIAT PFRSON &I 'ORGAPKI WN AS AYDD! 1 A ; RHAI :HSURED HAS 5H 510D, THEN 1CM 1 S ;A !N� AS AH PSURf 0 1HP 45 GFRSAY OR ORGAV(701 ON I(CALty5UP[ 'r" onvANIZAI)ON it ORK AN ABDVTONAI. 01, A R RV S! S YOU OANO L LASF , OR WUP PH to 1 H y UR T OP AWR VCR[ i (:., 0 FINAK , 0: Tki ADDIT)ONA1 BIBB; ANO ', 1 w : fS it POR TIE AUUf110Nh1 0SUM ',`)`;T RACT OR AGREW NT OR 1 H TH i S F" L 1 Cy , vp SEE 1 A i r q. imit jv: 10 ARI , Nct USI Vy 01 h4h ARE 101 1H AUH004 it Q LIMITS 'A N%VRMKj KIM'! 100 01 X" 1 OLI� 4: ANCUT Novo. 1 H J 4 1 1000: B Si 100 AF (YORAN PRO00i 0 WRLIN FFk ON: f 10 1HR DO! 41' K SHICK j's S V4010 1v 700khop PROVIDVI 4, THIS FHODISFRIV :1 Sol 04yujiv It, AH, OPP: 4600 0 00515 X!0 Qcp :914: is MAK!:04 1NOORS& a nen 01 Your pol OY Ind ''.ilk: 0"Y K t6v P! 1 V . 'we 1091 W, uninif m1har Qf.-_,( d<--I-f, S shown belpy. Cupfeta Only When This EndmemePt 1) Ho( Preparnd wit;` Poll icy PC is Not to be [Qoctivc 0c, Polic.y 00k RU. i of icy RK [GSULD TO EFFECTI& DATF ON THIS THOORSEMENT 102 CUIU0647238 i Living Wacerm AYPROWD AS TO FORM t f) I ] ii > (? 1' S 1 (t l: CI r ���C��� 1J `_ 7 ��`� :� �. . r UAL- A74 GXIL EUTTOIT ll Roprgsedatii r H o8 c o, cmCITY ATTqRRE By: Deputy city Attorney ' E QATE (MM om" a:f s1., s: 951 N. Tustin Ave:.:,�..: ; ;•. , : :,....:. _ �, ;.. .. , ` ,' h: ... .. �'tllt$ Yt)JrO �'T � r i.r.Fl�i7a<�•:w.� -..�.' •�-.•. �. .:f. , '.COMPANIESAFFORDING COVERAGE 5antaAna,CA 9Z70) OOMPANY A Transcontinental/CNA LETTER PKS 00),IPANY B Zenith Insurance LETTER T.iving Waters COMPANY (.LITTER C Design Plannitrg & :Dev Trip (1I):a 840-B Cohimbia Street �TTfiti v p 13rea, ('.A 92Q1 COMPANY 10-M R �/��+�+}y •y�(� •wr:•:->-nrs.v..w.�.-r..,:rr. w - :{r-s+b'aw. �[aox '4a41...-:.a .s1 �.V'L/T.CIIAV G�b4w:giw�vwR:*�.-}i:.0 xtwux awi.r:e-� ..:,dt4iN /Si..••ne i tea• �*.. i:WgY: y'+Ai� �'i11� J % �•'�•wew.-....n.w :'N.:'Mil q� ee-�4.-i.• :i+�.�"y-', .G.'•'...sfS=�` vr§' sa :9 Y Ti cs IS T() CERTIFY "a Wf Tl I[. POLIf;IC-S Ul- INSURANCL LISTED 917.Lo ► I IAVE DGUN IS3UCD TO THE INSURED NAMED ABOVE' FOR THE POLICY PFnIQr) INDICATII.D, NO'WITiiSTAN i1NG ANY AEOUIREMENT, TERM OR CONDITION OF ANY CONTRACT On OTHER D0CUMFNT WITH RE-113F.CT TO W!41CH THIS C'LRTIFICATE MAY BE !SZ-U=D OR MAY PLRIAIN, '1111: INSUHAIdCE AFFORD!-D HY THE FaC)i.IL IF.S L)F::3( kl$E'i) IH!I.41:I:J IS StJI)Jf:CT TO ALL THr 'rE-nMs, EXCLUSIONS AND COt:f;ITICNS OF rUCH POLICIES. LIMITS SHOWN` MAY HAVE BEEN H0UCL•U SY PAID CLAIMS'. } POLICY EFFECTIVE (POLICY KY PIRATION j LTR.; TYPE OF I7i^URANCE POLICY NVMBCR DATE (MMOD.YY) DATE' (MMfCO-y) LIMIT,^ .' f0PIPRAL L IAIW I T Y I ' :+ENFPAL AriC:RFGATF •. $ 2,000,000 [ ,� r.)htA tHCIA_ Q`-t7L lAL '. Hula I Y I Ff10DUCTS-COMP:0P AW. i $ 1,000,(1(1() _... _.l CLAMEVAL)C X :OCCLI11.1 (,'0100447238•92 112/09/92 !' 02/09/93 l'HWQNA, AADV. INJUIIY l' :�wLlrs aLAchfx;uulgltfNGL s — - -- — HI1V DAMAGE (Airy oire 11ru! S 7(1,00(1 _ F7 KKgF (Ary onn rnrxm)j S 5,000 • A[1rr7Mc7HiIa IIAHlllir _ ; :;rl,M}tlNFn RINr;t 1= S I 7 Ai,', 1)WNLL) A:i10;: ;4r)[)((Y IN.l11HY S r....,.J :':f :' i!• ; 7.11 M' Ai C1 :)f7 11III ii:N1.L7 AUIU:: - (i w parion) I ... _..-. . 1 ; JUU'LY INJURY 14,1N UVINLU AUI--15 ' S il'fII WWO&MI ••,tAGC LIABILI^r j I I+rvpIcHTY 0AMA(iF ' i I-X;:1.3ti [ JA HILT l v _.. i~.v. .. FAGH [iCGtIRRFN^F. I S j OTI0-It TItA4 MilliL=L, Ui1M 1 I I. u(AIUIOIIY LIM177.1... A `;;Y °"P ;; =:;^ WOILKER'S COMPENSATION I _--•'�" I r'ACH ACr)IDF•NT S 13 AND j N0367292 ! 10/03/92 I {.0(01r93 --- UfSLAsC-4'OLICY LIM17 µ -- S ' 1,000,000 LMPLOYCR5- LIABILITY - - - �- - 10I3EAX—CACIIEMNLCY17F 6 1.(1(70,(I[1II clI-I�Ir 1 �• I APPROVED AS TO FORM-.' GAIL ';BUTTON .., DESCRIPTION OF OPPRATIONErLOCATIONSNEHiCL-FIT✓SPECIAI. ITF.M8 City of Huntington Beach, it's officers, agents & employees & all public By: ;CnCies as determined by the City are added as addit►oual insured per Depu-L- C3 `Y Att-0 Q'' GL474 attached with respects to work performed for them by Living Waters ; �aa.nti Y� nry.t -.j : r M.•..e�w•n+�HC:: 'i>rY>:xv+.{c :OtwF;YIF7CA7 HgL'p£1yri �� E'iNiicEsT:A«. 3en I}ij' :{r%trforwnir. t h� inei!i�rrri�Trm._. ;:. �yyry y w SHOD D ANY OF T=F AROLr DFSCRIRFD POUCIFS TF CANCrLLED KrORE TV[: City of Tilttititl to.^. Beach EXPIRATION DATE THESECF,- THE ISSUING COMI2ANY WILL )anff1eXVCftxTS P.{}. Box 190 i:• MAIL, LO DAYS WRITTF,N NOTICE TO THE CEITTIFICATF. HL)1DER NAMM TO TiIC Huntington Ileach. Ca. 92648 r.� LEFT, xl4aRa�rtcs>�+xlvu�Ia6x>trRr�Ti�11K 7r� .11ln: Public Woriks.Dept. i 1dR1IMOffY�%4aSUBY7�A7cRCR1dF4gtJi5LlQttttE'1. 'I AUTHOHIZED IICPAE9EHrPTIVG : i .•. :.:•" Yx:ti: , w.h x •. ''.: �x w M' .".w" :�;.k.:;:::,e ..:..ACgR0!.-X:qMIA lt�`l9flQk z RE- ��- Sr-9;.N.w...•I(h5�-1;,:Y�Sil�Ii:�4+C�T'tnuk ih L.y:.lf�r.Y.` '• •- .•;;i_ 3. - .. .�v�- -J; - :�+.'•?_'fir' i�-$k;iD•�fi�;;,...-v i��j �-idni � �$ , .'�Y �[a: � ." 2. I P IN A :���� � . - -.-�- -� .-�--��--�-- ....� _ ,..,,-..:�u��. .:. , ��--___.-----t•� ._•�-.- _:.�:=---=tee.: __-. DESCRIPTION OF OPERATIONSILOCATIONSNEHICI_ESISPECIAL ITEMS - (Conilnued): Inc, under pulley#C0I00447238 I? ProJec.t: Greer Annex & Chris Garr Park REQUEST FOR CITY COUNCIL ACTION'- Date September 21, 1992 Submitted to: , aPPxOVED BY CITY GOLTN Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Louis F. Sandoval, Director of Public Works CITY LER Subject: CHRIS CARR AND GREER ANNEX PARK LAKES; CC 774 Consistent with Council Policy? [ I Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: TATEMENT OF ISSUE: Bids for the renovation of lakes at Chris Carr Park and Greer Annex Park were received and opened on August 26, 1992. RECOMMENDATION• 1. Approve the low bid submitted by Living Waters. 2. Authorize the Director of Public Works to expend $325,692 to cover contract costs of $288,223 estimated construction change orders of $28,822, and anticipated supplemental expenses of $8,647. 3. Approve the transfer of $325,692 from City's Unappropriated Capital Improvement Fund to the project account. ANALYSIS: On July 20, 1992, City Council approved the plans and specifications for the renovation of lakes at Chris Carr and Greer annex Parks and authorized the Director of Public Works to solicit bids for construction. Bids, as summarized below, were received and opened on August 26, 1992. Contractor Bid -Amount 1. Living Waters $ 288.223* 2. Wakeham-Baker 351,351 3. Javaid Landscape 415,305 4. Los Angeles Engineering 427,704 S. Clarke Contracting 691,536 * Audit total (i.e. the actual total of bid after correction of math errors.) Staff and the Consultant have reviewed each bid and suggests that a Contract in the amount of $289,223 be awarded to Living Waters. FUNDING SOURCE: Project Costs Contract Amount $ 288,223 Construction Change Orders 28,822 Supplemental Expenses (Le. soil testing, utility costs etc.) 8.647 TOTAL $ 325,692 Engineer's_ Estimate The Engineer's estimate prepared by the City's consultant in June of 1992, totals $337,047. Revenue Sgprces The preliminary cost estimate in 1989/90 for renovating these lakes was $250,000. On October 10, 1990, City Council authorized the Director of Finance to appropriate $250,000 to renovate the lakes. Shortly thereafter, City Council approved a contract of $20,000 for our consultant, J. Harlan Glenn & Associates to prepare plans and Construction documents for the restoration of these lakes. During design and project site analysis, unanticipated problems were discovered and new technology was required to solve these issues for proper restoration. Plans were not completed until June of this year and costs increased from original estimates. Public Works could not encumber funds for the project since we did not have a contractor and City Charter requires all unencumbered funds to be returned to the fund balance. Therefore, on July 1, 1991, $230,000 was returned to the City's Unappropriated Capital Improvement Fund. Remaining funds of $230,000 including an additional $95,692 must now be appropriated for the project. ALTERNATIVE ACTION: 1. Complete only one of the two lakes (recommend Greer Annex) at cost recapped as follows: Renovation of Greer Annex Contract Amount Construction Change Order Supplemental Expenses TOTAL $ 132,823 13,282 4,298 $ 150,403 2. Deny approval of any contract and forego the renovation of these two lakes. ATTACHMENTS F.I.S. MTU:LFS:DDS:dw 3312g/2 & 3 lu J� CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED APPROPRIATION FOR RENOVATION OF CHRIS CARR AND GREER ANNEX PARK LAKES, FIS 93-16 DATE: SEPTEMBER 9, 1992 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $325,692 to accommodate the renovation of lakes at Chris Carr and Greer annex parks. Upon approval of the City Council, the balance of the unaudited, undesignated Capital Improvements Fund would-be reduced to,4483,000y, RJF:skd Deputy City Administ WPADSERT:1092 RECEIVED BY': Tr asurer's Office/Date Date Wec'lnesday, August 26, 1992 2:00 p.m. Engineer's Estimate: 337,047 K Project Engineer Doug Stack Job and CC# . GREER AMM AND CRIS CARR PARK, IAKE REHIBZi.YTATIMS; CC-774 Bidder's Name Total Bid Amount 1. Advanced Construction 2. Alford Group 3. Artistic Iandsca .and Engineering 4. A. J. Backlund 5. Baer Brothers 6. BoPark Enterprises 7. Capbuped Sea, -Inco orated 8. Clark Contractingf►'/ .� 3 L , 9 9. Cla Ln ineerin 10. Coast Iandscape 11. Cook and Sali.s Construction 12. Creekside Construction 13. Gillespie Construction 14. Javaid Iandsca / Q- 15. .Li d Flaw 16. Livin Waters 17. Los An eles EnLiR22fin2 ZOM 18. Marina Contractors 19. Pacific sca 20. S and M Landsca 21. Shawnan P?r poration. 22. Sull --Miller 23.. Valley Crest 24. _Landscape Wakeham-Baker CHUBB GROUP OF INSURANCE COMPANIES �`HUBB and No. hat we, 1: rvc.--ia'^. Vle;v Roaa R 0 9, Yx 1615 l:.'C,iC.n Ne-ov jersey FEDERAL INSURANCE COMPANY BID BONI) Amount S - fin_ _1 f F7 - c Know All Men By These Presents, AUG-A Clarke Contracting Corporation (hereinafter called the Principal), s Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under ie laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), the sum of Ten percent of the total amount of the bid Dollars 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, it heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ealed with our seals and dated this 31 day of July . D. nineteen hundred and 92 /HEREAS, the Principal has submitted a bid, dated August 26 119 92 , r Greer Annex and Chris Carr Park Lake Rehabilitation Cash Contract No. 774 OW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and ve bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- renGe, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which Is Obligee may legally contract with another party to perform the work covered by said bid, it the latter amount in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Clarke Contracting; Corporation Principal -- By: JOILN J. CLARKE PRESIDENT FEDERAL INSURANCE COMPANY By: & L-- -a - 4. - Dougoas A. Ralfp Attorney in Fact PRINTED 1 15-01-OD02 flier 4_90) 064-0900 V 5 A POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora- tion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California-------- eachits true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail BondaJ tiled in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body Or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds. Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Wftnsas Whereof. the said FEDERAL INSURANCE COMPANY has. pursuant to its Bylaws, caused those presents to be signed by its Vies President and Assistant Secretary and its corporate seal to be hereto affixed this .10th day or Tune 19 92 FEDERAL INSURANCE COMPANY By ou /v rDixon Vice President STATE OF NEW JERSEY County Of Somerset as. On this 3 Q th day of June tg 92 . betore ma personally came Richard D. O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY. the corporation described in and which executed the foregoing Power of Artomey, and the said Richard D O'Connor being by me duly sworn, did depose And may that no is Assistant Secretary of trts FEDERAL INSURANCE COMPANY and knows the corporate meal thereof; that the anal alhxed to the foregoing Paver of Attorney is such corporate seal and was thereto affixed by authority of trig BrLaws of said Company. and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority: and that he is acquainted with James D Dixon and Knows him to be the Vice President of said Company, and mat tM signature of said James D Dixon subscribed to said Power of Attorney is in the genuine nandwribng of said James D Dixon and was thereto subscribed by authority of said Bylaws and in deponerit's presence. Notarial Seal t,It yu:.•7arq�, i F- t�cl, S "w,•ry+ Acknowledged and S r m to pe4ore me J:' •' • '�F gn tna dots ant- �r jrTiL — .4L'<j-Iq!( Notary Public ,y Notary ru-;'c, Stale of Nelf bePmy Z �rJa;RS" CERTIFICATION °j++rrSVP I No. 2091352 STATE Of NEW JERSEY as. Commission Expires Jul? ps Mill County of Somerset 1, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY. do hereby eartrty that the following it a true excerpt from the Bylaws of I" said Company as adopted by its Board of Dirwors on March 2. 1990 and trial this ByLAw is in full Iona and effect. "ARTICLE XVM $action 2. Ail bonds, undertakings, contracts antl other instruments other than as above for and on behalf of the Company which it is authorized by law or its charier to execute. may and shall be executed in the name and on bahatl of the Company either W the Chairman or the Vice Chairmen or the President or a Vice President, jointly with trio Secretary or an Assistant Secretary. under their rellpKtirme designations. except that any one or more officers or anomeys-in-fact designated in any resolution of the Board of Directors or the Exacuhve Committee, or ,n any power of attorney executed as provided tar in Section 3 below. may executs any such bond, undertaking or other obligation as provided in such resolution or power of attorney seaon s Ad powers of asorney der and on behalf of the Companry may and shallbs executed m tine name antl on behat d the Company. ether by the cheirrnan or the vice chairman or the Prea d.m 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 death of the fallowing dGcaa: Chairman. Vice Chairman, President. Any Via President, any, Assistant Kies President, sly Secretary, cry Assistant Secretary and the seal of the Company may be affixed by facsimile to Any Power at a w"bily or to AN prtfKata rNatma "Met appointing Assistant Secretaries or Anorneyi in -Fact itx purposes only of executing and attesting bonds and urrdanakings And other writings obligatory in the narune thereof, and Any such power at attorney or cvnificsta bearing such faemimile signature or tacsimile seal shalt be valid and binding upon the Company and any such power so executed and carhtied by such laaimile signature and facsimile seal Shall be valid and bindirig upon the Companywith respect to arty bond or undertaking to which it to attached:' I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the Statue of the United Stales of America, District of Columbia, Puerto Rico, and each of the Provinces Of Canada with the excepinon Of Prince Edward lsfand; and is also duly licensed to becomm sake surety on bonds, undertakings, etc., Permitted Of required by law - I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify trial Inc foregoing Paver of Ariorney is in full force and ettea Given under my hand and the meet or said Company at warren. N.J , 31 Jul 1992 Nlma_)W1A%t,00j" PAiNIhhTED orm 15.1U-013 ev 4-90) GENERAL (FORMERLY 21.1"339) LIN a CLARKE CONTMOMO COMMON Ue. X& 825M 1218 South Alameda Sbat Compton, CA 90220 Ph. (310) 537-6470 Fax (310) 631-4019 C ity-, of--. Hunt-" 7- - 0 206 - Ma ire st, ------- --- Min t ington-BE 5= Proppsal for: Greer Annex and Ch' ris Carr Park Lake Cash Contract No. '774 Date: August 26, 1992 2:00 p.m.. h WNW— WZ_I_�-_ i­_ 45 MCA Insurance Company BID BOND 494 Central Avenue (AIA A310) Newark, NI 07107 KNOW ALL BY THESE PRESENTS that JAVA I D CONTRACTORS, INC. as Principal, and MCA INSURANCE COMPANY, an Oklahoma corporation, as Surety, are held and firmly bound unto CITY OF HUNT INGTON BEACH as Obligee, in the sum of TEN PERCENT OF THE AMOUNT B IO--- Dollars (S 10% ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for PROJECT NO. 774, GREER ANNEX ANO CHR I S CARR LAKE REHABILITATIONS PROJECT NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such Contract and give such bond or bonds, it the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated AUQUST IQ. 1992 PREMIUM —NIL- 831 alga SG-25971EP 3/91 JAVAID CONJRACTORS, IN 13y Khalid Javaid, President MCA INSURANCE COMPANY By LKE H. HAGEN Attorney -in -Fact PRINTED IN U.S.A. FICA Insurance Company POWER OF ATTORNEY 484 Central Avenue No. 04B400 Newark, NJ 07107 KNOW ALL MEN BY THESE PRESENTS that MCA Insurance Company, an Oklahoma corporation authorized to engage in business as a surety, does hereby appoint W i 11 i am R . Fr i i s , Ma rk E . Shreckengast and Elke H. Hagen of Riverside, California its true and lawful Attorney(s)-in-Fact, to execute on its behalf any and all bonds and undertakings not in excess of Two Million Five Hundred Thousand Dollars ($2,500,000) and consents for the release of retained percentages and/or final estimates and to bind the Company thereby. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of a Resolution adopted by the Board of Directors of MCA Insurance Company at a meeting called and held on the 13th day of July,1987, of which the following is a true transcript: 'RESOLVED, that the Chairman of the Board, the President, any Executive Vice President or Senior Vice President or Vice President - surety be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, reco�rrizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof: "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact." IN WITNESS WHEREOF MCA Insurance Company has caused these presents to be signed by one of its officers, and its corporate seal to be hereunto affixed this 19th day of May, 19 92 . MCA INSURANCE COMPANY e.r*'ge =J`5E L�' i•. >7:af � by �. Soren N. S. Laursen, Vice President - Surety State of New Jersey: w''�* County of Bergen: On this 19th day of May , 19 92, before me came Soren N. S. Laursen, to me personally known, and, being by me duly sworn, said that he is Vice President - Surety of MCA Insurance Company; that the seal affixed to said instrument is the corporate seal of said corporation; that the corporate seal and his signature were duly affixed by order of the Board of Directors of said corporation. �;�; Eva Friedman, Notary Public of New Jersey My Commission expires Sept. 25, 1994 CERTIFICATE I, Doris Greeley, Secretary of MCA Insurance Company, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand affixed the facsimile seal of the corporation this 18TH day of AUGUST ,19 92 a A 'rr PC B22 6/90 Secretary r: SEAL ;z op JAVAID CONTRACTORS, ING 2005 E)ESIRE AVENUE FJOWLAND ifm I Ilit; -7�- t 20- r2 10- V. 1 -z-- -77 A EQ:--a-,w AMWEST SURETY INSURANCE COMPANY IIOI WOODLAND HILLS, CALIFORNIA Wr► BOND NO. 004001139 PREMIUM Premium included in bid bond service BID DATE 8.-26 92 PUBLIC WORKS BID BOND Know all mer. by trios., pr �!,tients: That we. D P.D., tNt"-" DBA: LIVING WATERS (nareinafter called P1;rlr,rpaii, as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter r_allea Surety), Grrjanized al.o exir ling untier the laws or t'nu State of California and auth01i»br3 to transact a gar% ral Surety business in tlra State of CALIFORNIA as $utf 1, are viold and firmly bound unto CITY OF FlUNTINGTON BEACI-t (hereinafter called OGIzgoej in ilia penal SUM or lei] percent {]D o } of the bid amount- but in no event to exceeJ Thirty Three Thotisancl Nrr;c Hundred arid 00 100 Dollars ($ 33.900-00 for the payment of which fire Principal and thu Surety bind MerliSelves, their rl,;116. 6xUCut0(S. ailmuliS[ratorS, Sl(LCeSS0r5 ar)r:l assigns, foirwy and sevoialiy, lirrnly by thfSCJ prtisents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submittao or is about tO submit a proposal tc ilia Obligee oil a contracl fo+ LAKE IMPROVEMENTS. MECHANICAL LINER. ED(aING AND LANDSCAPING HUNTINGTON BEACH NOW, THEREFORE. if iliv contract is awarded to lho Principal and the surety haS beeii piovidod with sufficient proof r,y OL;!,yee of acceptable financing fur the project, and the Principal has, within such time as may be specified, (but in no event later tnan 60 days after such award), enlered into the conlracl in writing, and provided a bond with 5uruty acceptable to the Obligee for the taithful performance of the contract, or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good 'aitn contract witty a^othc:r party to perform the work Covered by the bid, then thrS obligation shall be viodi other wise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 26th DAY OF AugUSt. 1992. D.P.D., INC. DRA: LIVING WATERS ��• ,'�!C�, Sre i,arr,r, ,` C i �,rfc AMWEST SURETY INSURANCE COMPANY *{ 1 r 1�1a ��uro+nr�� B y 1-ik �+yAND AUoi n,Ly-ul r,tv.-I BO\DNUMBER POMTR NUMBER NOT VALID FOR BONDS 004001139 -76 EXECUTED ON OR AFTE a-la-y3 - _.. :. PRII\CIPAT::...... : D ; -; �Nty : =�7�1V ING =WATERS=� _......_... w. PENALSUM ................................ ».«............................... »_......_...-.._-..,.........-._. .. ..„,»...-. ...�. .r_ .................._..-.---._--•---"----.—_..-._««__«_•-_------__«_..«-._..--._.««-.»._--«--•.......----.-..-.-_--•-- .. .. . .-.-... .. _ ... _ ..-.-_._--_-.___-.___.—..—_—.—.—_—_—__.—._.�- oE311GEE. C_ING--dN_: --EACH_:::_::::=:_:.::: -::_.._:__— ::__.-_::::_:::::_:::::�_::_:- `,933, 900.00 This document is printed on mule -colored security paper %kith black and red ink, ,'iih border in blue ink and bears the raised seal of Amy+'est Surety Insurance Company (the "Company-). Only unaaered originals of this Power of Attorney are valid. :his Power of A;tomey is vaiid sole'sy in connection %+.h the execution and delivery of the bond noted above and may not be .:sed'n con unc''on x%ith any o:aer power of acoraey. No represe-:a;ie-s or %':arrar.ties regard.rg ;his Power of Attorney may 1-e r~ale n. an. - person. This Power of At:omey is goyerr,-d b% :'-e :arts of :'-.e State of CaVorria. Any power of auorr.ey used in connection u-ith any bond issued by the Company n-:ust be e-� t=°s form and no ether for-1 shall have force or e`:ect. KNOW ALL MIEN BY THESE PRESENTS. tha: _ :* '.: es. S.;rety IrS117ance Company, a Califmm:a co~pora::on (the " Cor-npary" ), does hereby make, cer.s.!tu:e and anpnirt: ANDREW J. SYSYN AS AN EMPLOYEE OF AMWEST SURETY INSURANCE CQMPANY IS t-ue an 'a«'fuI At.'orrey-'n-Fact, ii- mired pc ver and au.' C:!tv :cr and on be'na:f of the Com.Pan;- as Sure.v, :o execute, d6ver and affix the sea': o .'ne Corn-p any thereto if a seal is required on bonds, undertakings, reZOo:11�arC25 Cr other �yrltien Ob.l�a':CnS in t:�e nature tL..ere . as fol:ows: Bid Bonds up to $Yr1,000,000.00 Contract (Performance & Payment), Court, Subdivision $*Y1,000,000.0 License & Permit Bonds up tD $�-M1,000,000.00 Miscellaneous Bonds up to $*T1,000,000.00 Small Business Administration Guaranteed Bonds up to $--M1,250,000.0 d to l :::d the Company thereby, Th:s aopotr.tme-,A is made -.:nder and by authority of the By -Laws of the Cti•� p• ny which are now in f l force and effec.. CERTIFICATE I, the undersi'r.ed secre.arj of Am:ye>. Surety .:tsurar_ce Company. a California corporation, DO HEREBY CERTIFY that this Poorer of attorney remains in ful' force and effect and has not been revoked and.1arth2rtnore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By -Laws of the Company, are now in fu!1 force and effect. �igr.ed ar.d se :led at _HUNTINGTON BEACH, CAth;s 26TH day of AUGUST 1g� - � �_ —�— 0000162119 76 --=--•�R'RiAFF'.�'.T':IFFSFSi'RI'.TAFFT�RRFi STRT.� '.' � �-: _ __ — •• •� .J3—�.'3i.�1 3'—'.`S '�iIC'u.`S 21 rSV �. � �� ��Y �— - � it .� •r ' , 0 � 1 1 .-,- , � , i., ' � 1 1 s 1 - __--- Resolutions of the Board of Directors . ,M ._ ,<_...:......_.:.:....:�:r-*.. This Po%;'er o-, Attonrc, -s signed and sealed oy fcic5,mile uncer ;:.& b.-'he aut_no;i.y of , ;'olloxrine resolutions addpted b� the Board of Directo-.-s of Amwest Surety In5urance Company at a meeting duly he d on Dcccr.]h 'll ON RESOL\,ED, that the President Or an)' Vice President, in c n-i. action 10 the Scc:e:an' or awy Assistant Secretary, may appoint attorneys -in -fact Or agents with authority as defined Or Iimited n the insin. rent mdencing the appoin:meat In each c':C, for nd on bC =at of :1]e Con:' inn (0 eXCCU'C 0"d dCliVC-, ---." rtla3 the -Cal Of the Company to bonds, recopWancen and 5urayship obh axons of aw kinds: and said Cf,:cers :::•ay reTove any such fac- or .gent and revoke any pokier o: atto:-ney prc%=ous" gamed to such person. RESOLVED F',;RT:.ER, «-at any bone, undertaking reccb-n-. ,.." , Or suvegship ob:-Ivation sha:. be ra;sd and bindirg upon the Cox•pany: V 0) when Qned by :he President or any Vice President any attcs:e� and sealed ;if a sea] be required) by any Seereta;-;' or :psis-lnt Secre:ark -, or (ii) «vhen signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sca'.ed Of a seal be required) by a duly au:honze actor ey ;act er agem: o: (iii) ,When Guly executed and sealed Of a seal be required) by one or rpore attorneys -in -fact or agents pursuant to and Mthin the limits of the authority ex�idenced by the poker of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signattire of any authorized officer and the seal of the Company may be affixed by facsi:r_ e :o any pov,-er or attornCV or certif:CatiOn thereof authorizing .he c ec::.ion and deaver} of any bond, undertaking, r2Co,,..zance, Or C:h2. ,-renyship ObIg3tiOnS of the Company: and suc'' sig:--.ure ,And s2.'... when SO used shwa hm--, the same force and e'fee. as t':.cugh marr-at''• aff`-xed. IN WITNESS 'A -HEREOF, EREOF, Am es: Sure:,' insu-a:--ce Company has caused these : enn tole s:rned by i:s 'Groper o--ncers, and i,s cor ora,_ se:-. tc '. ereun:o a:f'- cd the -_, day of Dccember, Je _ Karen G. Cc'.._n, Secretan STATE OF CALi= ;c\lA, COUNT f `:r .,OS NGELES On th:- :S: da- o; D2:ember, _99a men n"a came i eio:2 :r.e :)'.in E. Savage a'C Karen G Cohen, :o me knctt-1 to be the ir'M Ms and C:. =3 A e-Zn _ ;-C. ln_ ....._� C:: a .,.-...e] :he Awe ---- - -'me , and .: y bare sArC':°;'cdSeJ 1 e :i . -cf the sorl ..... being SY --.0 Wy .,. z, , 1.... ..s.,.. 4'� ]e G.-.. my__- -.� A\- .-._ _aid C1�tCZ:S t:]e CG ' �:.' ,.,-- o'2s' and t'':a 'he Seal :- \2� .o :he ?. ove .nstrument A .] cea. of they N'o�r?t and --. 5':i ` onra-e sea an he- ' � a c„41., ,e C�.. .cn. .. � cc-.. 1 t x sib :a,..re_ a_ -aWd and su.,_..' had :o the said :DV :ne 4N L55 G_ -jh-z Boa, of Dlreao,-s of aa]C. corporation. OFFICIAL SEAL AKA B. 7ANUDIO-SOUS ' No�t[y���5f!/ �R,AbA115c-C+avtromin CFPCE YH i Jw� p PrONCP�R LyOSANGELESCO,UNIY ,..•� m End October 22. 1993 ' Restrictions and Endorsements Ana ' .�La:.-Solis. boa ?uG:ic 'Eivin gWater oftw i� � � ce�2Gs, /��A�/�/TAT�/ .';'r PLANET 2NSUr?,ANCE COIV�FANY -_ HEAn OFFICE. MADISON, WISCONSIN BID BOND Bo(A No APPROVED BY THE AMERICAN fNSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A•310 WEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we LOS ANGELES ENGINEERING,INC. P.O. BOX 1606, BALDWIN PARK,CA 91706 as Principal, hereinafter called the Principal, and the. PLANET INSURANCE COMPANY of Madison, Wisconsin, a corporation duly organized under the laws of the State of Wisconsin as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PER CENT OF THE AMOUNT BID IN Dollars ($ (--10%--) 1, 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 GREEN ANNEX AND CHRIS CARR PARK LAKE REHABITATIONS CASH CONTRACT NO. 774 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof, or in the event of the failure of the Principal to tinter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26TH day of AUGUST A.O. 19 92 OS ANGILES ENGINEERING,INC._ I L w •— (Principal) . (Witness) I X [ I l �� ^ ' (Title) 6-ew I Ifhv�r.Jb.s O` �r�en � t PLANET INSURANCE CO,',PAN'! /.� , ■ , 1 I t4 i PLANET I1V SURANCE C4MPP W' HEAD OFFICE, SUN PRAIRIE, WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the PLANET INSURANCE COMPANY, a corporation duly organized under the laws of the State of Wisconsin, does hereby make, constitute and appoint ALLAN J. SAUNDERS of LOS ANGELESr CALIFORNIA-------- itstrue and lawful Attorney -in -Fact. to make, execute, seal and deliver for and on its behalf, and as its act and deed ANY -AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP------- andto bind the PLANET INSURANCE COMPANY thereby as tutly and to the same extent as it such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article Vll of the ey-Laws of PLANET INSURANCE COMPANY which became effective September 21, 1981. which provisions are now in full force and effect, reading as follows: ARTICLE Vll -- EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, trio President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (bj to remove any such Attorney -in -Pact at any time and revoke the power and authority given to him. 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of ariorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seat is not necessary tot the validity of any bonds and undertakings, recognizances, contracts 01 indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -Fact shall have power and authority to execute affidavits required 10 be attached to bonds, recognizances, Contracts of indemnity of other conditional of obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-L-aws of the Company or any article or Section thereof. This power of attorney is signed and sewed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of - PLANET INSURANCE COMPANY at a meeting held on the 291h, day of March, 1962. at which a quorum was present, and said Resolution has no: beet amended or repealed: "Resolved, that the signatures of such directors and officers and the seat of the Company may be affixed to any such power of attorney or any cent irate relating thereto by 'acs.mile. and any such power of attorney or certilicate bearing such facsimile signatures or facsimile seal shall be valid and binding upor. the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking 10 which it is attached IN WITNESS WHEREOF, the PLANET 1NSURAN�5 COMPANY has caused these presents to be signed by ils Vice President- and its corporate seal to be hereto affixed, this day of July, t9 92 STATE OF COUNTY OF On this rr�ashington King 27 day of July PLANET INSURANCE COMPANY iCe Pres•dent 1992 pe(sonallyaripeared Lawrence W. CarlStrom to me known to oe the V-ce-President o' the PLANET INSURANCE COMPANY, and acknowledged that he executed and arles:ed the forego.ng instrument and a15-ed the seal of sa-,d corporation thereto. and that Article Vil. Section 1, 2. and 3 of the By -Laws o1 sairt Company. and Ine Resolution. set forth therein, are still in 10 force. / co-:r_�Yrnv` �My Commission E-Pires:March 5 .19 96Notary Public inandt 1theStateo+Washington Resitlingat PU}rd11UJ 1• Marjorie S . Hansen . Assistant Secretary of the PLANET INSURANCE COMPANY, Co hereby Certify that :he above and foregoi•+g is a true and correct copy of a Power or Attorney executed by Sa•o PLANET INSURANCE COMPANY, wnich is st,11 in full force and etfeCL IN WITNESS wHEr-=_OF, I have hereur+o s•r: my hand and ar+ixwd the seal of Said Company this LVTp t ddy of A UST '�9 72 • .. Assistant Secretary r BDO.1431 1182 . .r ia'.-.0 _P. S. 71ansea v Shu a 11 Ji�3 ree<+r_ Am nix = c r►v_. Chas -cc rr-_ Par- IC=J Cash CD r\4ak-e+ �j o. �f Insurance Company of the West 1111 East Katella Ave. Ste.250 Orange CA 92667 S I n MR i:> ROPOSAi— OM"O (HOW ALL MEN BY THESE PRESENTS: Phat we, Wakeham-Baker, Inc. thereinafter called the principal), and Insurance Company of the West A corporation organized and doing business under and by virtue of the lave of ;he State of CA and duly licensed for the purpose of making, guarantee Ong or becoming sole surety upon bonds or undertakings required or authorized by ;he lave of the State of CA as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the obligee) Ln the just and full sum of Pen percent of the amount bid. 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 hereby bind ourselves and our and each of our suc- -lessors and assigns, jointly and severally, firmly by these presents. PHE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden 3rincipal as aforesaid, is about to hand in and submit to the obligee a bid or aroposal dated 8/26/92 for Greer Annex and Chris Carr Park Lake Rehabilitations In accordance with the plans and specifications filed in the office of the 3bligee and under the notice inviting proposals therefor. 1OW, THEREFORE, if the bid or proposal of said principal shall be accepted, ind the contract for such work be awarded to the principal thereupon by the :aid obligee, and said principal shall enter into a contract and bond for the :ompletion of said work as required by law, then this obligation to be null knd void, otherwise to be and remain in full force and effect. N WITNESS WHEREOF, said principal and said Surety have caused these presents .o be duly signed and sealed this igned and sealed this lath DAY OF August A.D. 1992 Wakeham- ake r, (Principal) (Title) Insurance Company of the West /-\ r\ /} (Surety) Michel" D. 'Stong\ 1 I j Attorney in fact INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: MICHAEL D. STONG " Its true and lawful Attorney(s)-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 Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, 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 Committee may at any time remove such Attorneys -in -Fact and revoke the Power uP 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 Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be Signed by its duly authorized officers this 21ST DAY OF OCTOBER 1986 �p1dPANrO INSURANCE COMPANY THE WEST �a� M�e�Pa,t�fFa ryM Y �'�,►CW t UFO President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 21ST DAY OF OCTOBER 1 0fore the subscriber, a Notary Public of the State of California, in and for. the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST. to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged 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 Seat 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 Seat, at the City of San Diego, the day and year first above written. P0"t R Notary Public n.l T...:1 .^.:n Mexa CountyJan. S. 198a • � Y \�d a'y1 Irr- � ..' L ar's �"uiS H��.�iJ i'. r tv7"lf�l STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby 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 18t:h day of AUGUST 19 92. PAN)r, a� M�o�►7+Gi�o ems," ICW CAL 37 (REV. 5/82) ��irFORH�' NJ T v AN a Lnl- WoLt - rip 0 4 f f y RECENED ` CITY CLERK LIZY of HUwTIHCTC:Fr CALIF. tuc 26 2 00 Ph '32 j0 nii� . �2i31� �11� ?ubIIXA 7�30) Vto j 9l/3 NOTICE INVITINQ BIDS CC - 77 Notice is hereby given that sealed bids will be received by the City of Huntington Beach, at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on std��T �fi.Z. 9z , at which time they will be opened publicly and read aloud in the Council Chambers, for the tSpc4,t' ,4wAlok �wr e,W,i'nV C4fR_1;Ag r,,< / 4,ce ffiFzd1g-4/G/T1J,UeA_e/g in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on ✓vc,�,_�x- at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $ fi l 00 Each bid shall be made on the Proposal Form and in the manner provided in the Contract documents, and shall be accompanied by a certified or 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 @101h day of 14 9 l Connie Brockway City Clerk'of the City of Huntington Beach 2000 Main Street (714) 536-S431 3232g/11 REQUEST FOR CITY COUNCIL ACTION July 20,1992 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Louis F. Sandoval, Director of Public Works Subject: CHRIS CARR AND GREER ANNEX PARK LAKES; CC— - 4 APPROVED BY CITY COUNCIL 7- 19-2r?' Consistent with Council Policy? [ Yes [ 3 New Policy or Exceptic n Statement of Issue, Recommendation, Analysis, Funding Source, Alternative , STATEMENT OF ISSUE: Plans and specifications for the renovation of lakes at Chris Carr and Greer Annex Parks are complete and ready for project bidding. RECOMMENDATION• 1. Approve the plans and specifications and authorize the Director of Public Works to solicit bids for construction upon the receipt of pending environmental approvals. 2. Approve the attached Sample Construction contract subject to award of contract to approved lowest responsive bidder. ANALYSIS: During the month of August, 1990,' staff began receiving calls from residents adjacent to Greer Annex Park. Each call addressed the: unsightliness of the lake, existing pungent odors, and dead waterfowl and fish prevalent along the lake shoreline. The condition of the lake at Greer Annex and Chris Carr Parks is far from satisfactory. An extremely large waterfowl population had coupled with a relatively shallow water depth to create veritable swamps rather than lakes. In essence, the lakes were functioning as poultry waste lagoons with prolific algae and weed growth. In March, 1991, both lakes were drained and the existing waterfowl and fish were relocated to other City lakes. On October 15, 1990, Council authorized Harlan Glen and Associates, Inc. to prepare plans and specifications for the rehabilitation of lakes at Chris Carr and Greer Annex Parks. The plans and specifications are complete; therefore, the Director of Public Works requests approval of the bid documents and the authorization to solicit bids for construction upon the receipt of pending environmental clearances. (Note: Negative Declarations 92-23 (Chris Carr) and 92-24 (Greer Annex) are currently posted for public review and comment. On July 17, 1992, the postings close and both declarations will be submitted to the Zoning Administrator, on July 22, 1992, for review and final approval.) F� Plo 5/85 Chris Carr & Gree Annex Park • Lakes; CC-774 - RCA July 20, 1992 Page 2 FUNDING SOURCE: The preliminary cost estimate for renovating these lakes was $250,000. On October 10, 1990, City Council authorized the Director of Finance to appropriate $250,000 to renovate the lakes. The consultant did not complete the plans and specifications until June of this year; therefore, Public Works could not encumber the funds to a contractor. The City Charter requires all unencumbered funds be returned to fund balance. It's staffs intent to recommend, at time of contract award, that all required project funding be obtained from the City's unencumbered Capital Improvement Fund Account. ALTERNATIVE ACTION: Deny approval of plans and specifications, solicitation for bids and forego the renovation of these lakes. ATTACHMENTS Sample Construction Contract MTU:LFS:DRN:dw 3278g/1&2 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF THE GREER ANNEX AND CHRIS CARR PARK LAKE REHABILITATIONS (CC-774) SECTION PAGE 1 STATEMENT OF WORK; ACCEPTANCE OF RISK . . . . . . 1 2 ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS . . . . . . . . . . . . 2 3 COMPENSATION . . . . . . . . . . . . . . . . . . 4 4 COMMENCEMENT OF PROJECT . . . . . . . . . . . . . 4 5 TIME OF THE ESSENCE . . . . . . . . . . . . . . . 4 6 CHANGES . . . . . . . . . . . . . . . . . . . . . 5 7 NOTICE TO PROCEED . . . . . . . . . . . . . . . . 6 8 BONDS . . . . . . . . . . . . . . . . . . . . . . 6 9 WARRANTIES . . . . . . . . . . . . . . . . . . . 6 10 INDEPENDENT CONTRACTOR . . . . . . . . . . . . . 7 11 LIQUIDATED DAMAGES/DELAYS . . . . . . . . . . . . 7 12 DIFFERING SITE CONDITIONS . . . . . . . . . . . . 9 13 VARIATIONS IN ESTIMATED QUANTITIES . . . . . . . 10 14 PROGRESS PAYMENTS . . . . . . . . . . 15 WITHHELD CONTACT FUNDS, SUBSTITUTION OF SECURITIES 12 16 AFFIDAVITS OF SATISFACTION OF CLAIMS . . . . . . 12 17_ WAIVER OF CLAIMS . . . . . . . . . . . . . . . . 12 18 INDEMNIFICATION, DEFNESE, HOLD HARMLESS . . . . . 12 19 WORKERS' COMPENSATION INSURANCE . . . . . . . . . 13 20 INSURANCE . . . . . . . . . . . . . . . . . . . . 14 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT . . . . . . . . . . . . . . . 14 22 DEFAULT AND TERMINATION . . . . . . . . . . . . . 15 23 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS . . . . . . . . . . . . . . . . . 16 24 NON -ASSIGNABILITY . . . . . . . . . . . . . . . . 16 25 CITY EMPLOYEES AND OFFICIALS . . . . . . . . . . 16 26 STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 16 27 IMMIGRATION . . . . . 17 28 NOTICES . . . . . . . . . . . . . . . . . . . 17 29 CAPTIONS . . . . . . . . . . . . . . 30 LEGAL SERVICES SUBCONTRACTING PROHIBITED . . . . 18 31 ENTIRETY . . . . . . . . . . . . . . . . . . . . 18 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND" FOR THE CONSTRUCTION OF THE GREER ANNEX AND CHRIS CARR PARK LAKE REHABILITATIONS (CC-774) THIS AGREEMENT is made and entered into on this day of , 1992,,by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California -corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of the Greer Annex and Chris Carr Park Lake Rehabilitations (CC-774) in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows; 1. STATEMENT OF WORK: ACCEPTANCE F 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 7/7/92 -1- SAMPLE ONLY encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. 7/7/92 -2- SAMPLE ONLY "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 Specificationg_for Public works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said 7/7/92 -3- SAMPLE ONLY discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement. 5. T ME OF THE, ,ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required 7/7/92 -4- SAMPLE ONLY 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. CHANGE 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 7/7/92 -5- SAMPLE ONLY proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three 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 fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done 7/7/92 -6- SAMPLE ONLY t under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement_at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT, 11. LIQUIDATED DAMA ES DELAY It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars {$ } per day for each and every working day's delay in 7/7/92 -7- SAMPLE ONLY completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees -to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not 7/7/9x -a- SAMPLE ONLY 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. DIFFERINO SITE CONDITIONS (L) Notiget 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 7/7/92 -9- SAMPLE ONLY such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIAT_19NS 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. 7/7/92 -10- SAMPLE ONLY 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty. percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 7/7/92 -11- SAMPLE ONLY 15. WITHHELD CQNTRACT FUNDS, SUBSTITUTION OF$ECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement. 16. AFFIDAVITS OF._,$ATISFACTION 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 7/7l92 -12- SAMPLE ONLY property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence,.or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 19. WORKERS' COMPENSATION INSURANCE Pursuant to the CalifQKnia Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with all such laws and provisions prior to commencing r performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 7/7/92 -13- SAMPLE ONLY 2 0 . I NSLLRANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing 7/7/92 -14- SAMPLE ONLY insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall -promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within 7/7/92 -15- SAMPLE ONLY ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. N -A SIGNABILITY 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 recover from CONTRACTOR its 7/7/92 -16- SAMPLE ONLY reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one -hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of a U.S.C. § 1324a regarding employment verification. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29. CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 7/7/92 -17- SAMPLE ONLY J 30.LEGAL-SERVICES B NTR TIN PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California ATTEST: City Clerk APPROVED: City 74minis-trator Mayor APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: !-/ 5V Director of Public Works sg 7/7/92 -18- SAMPLE ONLY r PUBLIC NOTICE "STATE OF CALMRNIA NOTICE,:'._ i i 'INVITING'BIDS CC-7744' ",i- �:-a County of Orange i Notice is-heieb, -glverS that s©aled bids.wlll bo:ro: calved by'the=City:of Hun- tington Beach ,at the office ' of the City ;Clerk City 1 am a Citizen of the United States and a ,at t Hall,- Main • Street, 1 Htihtlnglon Beach,zCalifor- tors resident of the County aforesaid; i am over the � p. until , g6st our 9 2, at p.m. on August 26, 1992, at age of eighteen years, and not a party to or ; which time=they' -will be opened "publicly. and read interested in the below entitled matter. I am a I aloud in the -Council.Chem. bars, for. -the Greer Annex principal clerk of the HUNTINGTON BEACH I and Rehabilitations Irr -.Park ahe C y INDEPENDENT, a newspaper of general I , Huntington Beach: A set o1 Plans, specifica- eirculation, printed and published in' the City of i lions, and •`oth s+ contract documents may hey: ob- ,.i. ,s Huntington Beach Countyof Orange, State o g ; tained on July.29, j1992 at the Department of . Public * ,,�,t �T `` �a Calif orniar and that auar'.iied Notes Is a bue and Works, 2000 :Main S;wet, Huntington . Beayti, - Califor- nis, upon receipt. of a non- complete co as was rented and published In p i�r P Pu ' refundable fee $34.44. Each bid be + shall- shall. made on the ProposaPForm and the Huntington Beach and Fountain Valley in th_g manner- rpvided•.In • issues of said newspaper to writ the issue(s) of: iha contract dm ocuonl§; and shall be accompanied byy a certifiers or cashier's • Ichack or a bid bond for not - loss than. 10%' of thet amount of the bid, made` payable to the Cltyydof Hun-1 + tington Boacbe •..Cam t. ,Thractor shall;'. rjVt6e, Per-[ July 30, 1992 formance. oflW work and ust 6 13 19 %2 Ally i Improvements; conlorm to the Labor_ Code of the State of California -and other laws of tha_ Stato of `California .applicable ilhereto, with the exception. of such varialions that may be required under -the ,onfy special statutes pursuant to . which proceedings hereun- . der are taken and which have not beensuperseded by the provisions of the Labor Code.: Preference to labor shall be given only In the, manner ". provided.- by law. No bid shall be consid- ered unless It -Is made on a form furnished by the City :of Huntington Beach and Is made In accordance with I I declare, under penalty ofperjury, that the P tY,..l the provisions the prat foregoing is true and correct. eg g I. ni pasal requirements. Each bidder -must, be li- tensedelsa.pret;uaii• .and. tied as requireds by: law. ;_ The. City- Councll -of the C,, Executed an 'uau St 13 t � g9 2 City of HUhtington. BoE _ reserves the, right to rejacti �+ 1+ at Costa Me Califomla any or sll.tiids. By order of th.e- City Coun- cil of the Cltyry of Huntinggton Beach, Cali fornla othe 241h day of July,.1992.,,j ;;.-,. Connie -,Brockway, Sign um City Clerk.of thesCityof Huntington,Beach ?= iv 2000 Main Sheaf `(714j Published Hunil'rigton Beachrsln pendent,";Juiy �a PROOF OF PUBUCATION LIVING IRATE9 5 D.P.D., INC. (714) 6711-0801 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices ' shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 540 &/C in the amount of $ 21D, which said amount is not less than 10 % of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature GiLE $-/S SEE FOLLOWING PAGES FOR BID SCHEDULE C-la LIVING WATERER O,P.O., INC, ----, (7$4) 671-®609 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name of Subcontractor and Address State License Class of Work Number ELECTRIC4 UNITED ELECTRICAL 203572 C-10 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-2 LIVING WATERS 1D.P.o., Ih!G. (714) 671-o8o1 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange urrr:u urrruF� , being first duly sworn, deposes and says that he or she is PRESIDENT of LIVING WATERS*DPD INCthe pay making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly 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 shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me NOTARY r T1rTK70 T.7AMV0C*n n n TnTn 840 B COLUMBIA ST. BREA, CA 92621 Address of Bidder is 26 day of AUG . C-3 1992� - OFFICIAL SEAL BARBARA LOZA )twv Pub**-WfWft 25, Ism LIVING wATERs M).P,., ti"C► (714) 671-0801 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder 'X proposed subcontractor , hereby certifies that he has has not X. , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not > X , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: 8/26/92 NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidder and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are subject to the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontracts who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-4 LIVING WAFERS D.p.1D., INC. � (7'14) 871-0801 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as GREER ANNEX AND CHRIS CARR PARK LAKE REHABILITATIONS, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Z26/92 GIVING WATERS*R.P.D. , INC. HUGH HaGHES PRESIDENT. Title C-5 LIVING WATERS ID.P ®., INC. �. (714) 071-0801 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b LIVING WATERS O.la.O., INC. (714) 679-O$OI COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 8/26/92 LIVING WATERS*ffl.P.Ek. , INC. "J HUGH F HUGHES PRESID NT Me C-7 LIVING WATEVIS INC. (714) 671-080, BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: LIVING WATERS*D.P.D. , INC. Bidder Name 840 B COLUMBIA STREET Business Address BREA CA 92621 (714_) 671 0801 - Telephone Number 238477 B-1, C-27 & C-53 State Contractor's License No. and Class Unginal Date Issued 1/31/93 Expiration Date The work site was inspected byBRIAN WIRSCH of our office on 8 / 2 3 , 19 9 ? The following are persons, firms, and corporations having a principal interest in this proposal: CARL J LOZA TIM K LOZA BARBARA L LOZA LIVING :'WATERS*D.P.D. , INC. UVING WATERS D.P D., INC. -. (714) 671.0801 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed. work and improvements in accordance with the plans and specifications set forth. LIVING WATER6*D.P.D., INC. HUGHI F HUGHES 840 B COLUMBIA ST. BREA, CA 92621 Address of Bidder 714) 671 0801 Telephone Number Subscribed and sworn to before me this 26 day of AUG. , 19' OFFICIAL SEAL yes- C�Ry t�Ea NOTARY PUBLI — ---- --- - 25.1M Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. IRVINE WATER DISTRICT 18802 BARDEEN AVE. IRVINE, CA 92715 Name and Address Name and Telephone No. of Project Manager: 63 9200 00 WATER FEATURES JULY 1992 Contract Amount Type of Workate omp et 2. SACRAMENTO ZOO 5930 WESTLAND PARK DRIVE SACRAMENTO, CA 95822 Name and Address Name and Telephone No. of Project Manager: Zoo DIRECTOR ._016) 481 6792 266,000.00 ARTIFICIAL ROCK&WATER FEATURE JULY 1991 Contract Amount ype of Workate CompletW 3. CITY OF ROSEMONT, 9501 WEST DEVON ROSEMONT, ILLINOIS 60018 Name and Address Name and Telephone No. of Project Manager: MIKE BALLETO �708 5180741 186 000.00 ARTIFICIAL ROCK&WATER FEATURE IN PROGRESS Contract Amount Type of Workate Completed C-10 LIVING WATERS D.P.D., INC, \ (714) 671-0801 i; CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 GREER ANNEX AND CHRIS CARR LAKE REHABILITATIONS PROTECT Cash Contract 774 ADDENDUM NUMBER 1 August 5, 1992 Notice To All Bidders: Please note the following changes to the Plans and Specifications for the Greer Annex and Chris Carr Park Lake Rehabilitations Project: 1. Revise the plan scale shown on sheet number 4 of the Chris Carr Plan Set from an incorrect scale of 1" =20' to the correct scale of 1" =30'. 2. Revise the estimated bid quantities of the Deductive Alternate Bid Schedule H - Chris Carr Lake Rehabilitation, as follows: Item No. . Description New Estimated Quantity Al Temporary Chain Link Fence -'1,350 lin ft ---; 2B Alternate B A.C. Material '�134 tons Base Course -185 tons 2C Alternate C Concrete Sidewalk �7,400 sq ft B LAKE MECHANICAL SYSTEM 2. Skimmer system b. 3" P.V.C. pipe 600 lin ft c. 4" P.V.C. pipe -' 90 fin ft 4. Electrical equipment b. 2" P.V.C. elect. conduit 60 lin ft 5. Sump pump system b. 3" P.V.C. discharge piping 100 tin ft J Sheet 1 of 2 L'VING WATERS 1D.P.1) , lt4C. �-, (714) 671-08011 CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 GREER ANNEX AND CHRIS CARR LAKE REHABILITATIONS PROJECT Cash Contract 774 ADDENDUM NUMBER 1 August 5, 1992 Item No. Description New Estimated Quantity B LAKE MECHANICAL SYSTEM 7. Venturi discharge system b. b" P.V.C. pipe 90 hn ft 8. Aerator system b. 1/2" weighted feeder tube 240 lin ft All bidders are requested to acknowledge the receipt of this addendum with your bid proposal. Please be advised that the Engineer's Estimate for this project remains unchanged by these revisions. Should you have any questions regarding this Addendum, please contact Douglas Stack of this office at (714) 375-5078. Very truly yours, Steve W. May 1' Acting City Engineer SWM:dss This is to acknowledge receipt and review of Addendui understood that the revision of the new document shall b LIVING WATERS*D.P.D., INC. Company Name 8/26/92 Date 1t is Sheet 2 of 2 (714) IB i-0801 DI.D. SCHEDULE I GAEER ANNEX PARR LAKE RESAB:ILITATIO.: Buntington Beach, CA. Page I of 7 JhG A 90.022 NOTE. UNIT PRICES If the installed quantity for any item varies from-: the bid set of '1 plans, the addition to or deductions from the item ' s total figure will be based on the submitted unit prices. ITEMIZED BID ESTIMATED QUANTITY UNIT PRICES TOTAL SITE PREPARATION A. TEMPORARY CHAIN LINK FENCE 1. Install terr ^racy construction fencing at start of pro; ect J construction and remove at corpletion of project. 2.a1 54a Lin. Ft. $—q-B-9-9e- B, . CL EA? AND G 7B .i. Clear and grub lake bottom and side slopes, remove tree roots at lake edge and dispose of organic materials at no additional cost ro the owner. Lump Sur:.: $ 13 , 395 - 00 C. UNCLASSIFIED EXCAVATION 480 Cu.Yd. $ 4.83 $ 13,395.00 T, 51 ? . 40 2 _ ------ LAKE COT` STRUCTI01 A. EROSION RESISTANT LAKE EDGE I. Install lake edge wall as per plans and specifications, including all labor, materials, rough grading, fine grading and backs ill required for a complete ready to use wall. d7, Yet, 1,325 Lin. Ft. $ 12.90 $ , i *Imported sandy soil 225 Cu.Yd. $13.76 Cu. Yd. *Only to be used as an additive to the excavated lake material if found necessary to enure proper compaction of backfill. LIVING wATER.S0.p.C., INC. DID SCADULE I (714) 71-0801 GREER ANNEX PARE LAKE REHABILITATION Huntington Beach, CA. Page 2 of 7 JHG A 90.022 Note; For Bid purposes only (items 2A, 2B & 2C) it has beer assured that backf ill and finishing will be raquire d for a distance on six (6) feet behind the new lake edge wall and to a depth of twenty (20) inches below the top of t^e nee,•, lake edge wall. Actual quantities shall be submitted by the contractor and verified to the satisfaction of the City of Huntington Beach. ITEMIZED BID ESTIMATED QUANTITY UNIT PRICE TOTAL 2A. Alternate A - turf along new lake edge Install and/or replace turf on store side of lake edge wall i ,-7411. vo 7,950 Sq. . rt� - :!22 $ �� 23. - lvernate B - A.C. site:;a' k along now Lake edge a. Install six (6) foot wide A. C. walkway l.k.way and base course per plans and specifications A.C. Material i3• Tons ** $ 176.60/TON$ 22,958:00 .44?g. 4Z2 Base course 119 Tons ** $ 37.32/TON$ - j449 .^^ b. ;remove existing walkway and dispose of off site k E_ plans and specifications 4,400 S q. F 7. $ .79 $ 3 Y9 8 6 .-09-- 2C. Alternate C - Concrete sidewalk along new lake edge a. Install six (6) foot wide concrete walkway over compacted subgrade per plans and specifications 3.19 9,575 Sq. Ft. $ $ b. Remove existing walkway - and dispose of off site per plans and specifications 3, �#?(�• a� $ .79 $ **MATERIAL QUANTITIES MUST BE VERIFIED AS WE HAVE QUESTIONS FOLLOWING ADJUSTMENT TO ITEM 2B ALTERNATE B FOR CHRIS CARR LAKE, ADDENDUM A. LIVING !CATERS 0.P.®., IN"C. (714) 671.08p1 D D SCIIEDUI,E 1 GR: ER ANNEX PARK LADE REHABILITATION Huntington Beach, CA. r : 90.022 ITEMUZED BID ESTIMATED QUANTITY 3. Install four (4) inch thick, cement stabilized sand liner over lake bottom as per. plans and specifications including all raterials, labor and machinery, supervision and other items required for a complete liner, ready., -o use without further cost to Owner. 40,750Sa. Ft. B. 1,7":Kr MEECiiP CAS SYSTEM Install lake mechanical systems as per t.iv plans and Spec-i icat on-s, including all materials, labor, vl:ults, compressors, skimmers, filters, pipelines, valves, aerators, etc., trenchina and backfi.11 anac any other items required for a complete system, ready to operate at ro ada:;itional cost tc Ow—er. Page 3 of 7 UNIT PRICE TOTAL, 3kz-, (R1-.r�;o $ .79 $ I . B of it ter sys -e?n sha ? include but not be lini-ted to the following: a. 760 lin. ft. ill slotted pipe b. 72 lip.. ft. 4" pvc pipe C. 150 lin. ft. 6" pvc pipe d. 25 cu. yds, biofilter gravel e. misc pvc fittings, piping & incidentals f. 13C lin. ft. concrete block wall g. 25' x 401 x 4" thick concrete pad 2 systems $ 7,674.00 $ 15,348.00 2. Skinner system. shall include but not be limited to the following: a. 4 - skimmers b. 350 lin. ft. 3" pvc pipe C. 135 tin, ft. 4" pvc pipe d. misc fittings, piping & incidentals 1 systcns $ 4,753.00 $ 4053.00 LIVING WATERS D. P. ®., INC. (714) 671-0801 BID schEDL.LE I GPE R ANNEX P':R'\ LAKE REHABILITATION Huntington Beach, CA. JHG & 90.022 ITEMIZED BID ESTIi-:.iED QU.'AN ITY Page 4 of 7 UNIT PRICE TOTAL 3. Pump recirculation equipment shall. include but not be Limited to the following: a. 1. - PACO 4095-1, type L pu:^.,p b. 1 - 6" cast iron cress C. 3 - 6" cast iron tees d. 1 - 6" x. 4" cast iron ell e. 2 - 6" cast iron Ells f. 6 - 6" butterfly valves a i - 4" butterfly valve h. 1 -- 6" x 4" x 6" cast iron tee i. 7 -- 6" x 6" x 2" pvc tees j. 2 - 6" pvc tees k . 3 -- 6" pvc el'_ 3. 8 -- 2" pvc ball valves M. S - 21° pvc unions n . 9 - 61 pvc flanges o. 1 - 4" pvc flange p. 4 - Baker Hydro 150 U' cartridge filters q. 4 - 6" link Seals r. i - 4" link seal S. mist fittings, piping & incidentals 1 systems $�8.608.00 $ 8 6, De.00 Electrical equipment shall include but not be limited to the following: a. actor control panel by PEP b. 40 lir.. ft. 2" pvc elect. conduit C. 1 - 2" link seal d. connection to all rotors e. mist incidentals 1 systems $ 4,680.00 $ 4,680.00 5. Sump pump system shall include but not be limited to the following: a. 2 - Little Giant 8--CIA sump pumps b. 80 lin. ft. 3" pvc discharge piping C. 1 - 3" link seal d. misc fittings, piping & incidentals per detail A/LP--5 1 systems $ 1,409.00 $ 1,409.00 UVING WATERS D.P.D., I MC. -�, (714) 671-0801 BID SCHEDULE I GREER ANNEX PARK L:!;Ci RE iABILTT .TIO_N Huntington Beach, CA. JHG #: 90.022 Page 5 of i ITEMIZED BID ESTIMATED Qr..;r:P.i:iTY UNIT PRICE TJ`CAL 6. Cor pr. essor systen shall include but not be limited to the following: a. 1 - Pacific Pneumatics compressor package : 78202 b. 40 lin. ft. 2" gals. piping C. 2 - 1-1/2" brass ball valves d. 2 - pipe supports with base C. 1 -- permanently r;.ounted ? 2" x 12'' compressor start-up sign f. mist fittings, piping & incidentals per detail C/LP-7 I systems $ 4,607.00 $ 4,607.00 7. Venturi discharge system shall include but no z be limited to the following: a. 1350 lin. ft. 4" pvc pipe b. 135 1_n. ft, G" pVc. pine C. 9 -- venturi discharges per detail A/LP-7 d. nisc fitting, piping & incidentals --_ I systems $ 5,431.00 $ 5,431.00 S. Aerator system shall include but not be limited to the following: a. 1350 lin. ft. 2" pvc pipe b. i50 lin. ft. 1/2" weighted -feeder tube C. 10 lin. ft. 3/4" flexible pvc pipe d. 5 - Ramco NEAT 8/4 aerator e. fittings, piping & incidentals per detail B%LP-8 1 systems 9. Equipment vault shall include but not ba limited to the following: a. concrete slab and footing b. concrete block walls c.' 36" lockable metal door d. roof and roof trusses e. misc hardware & incidentals f. galy. access ladder $ 4,041.00 $ 4,041.00 1 systems $10,027.00 $ 10,027.00 UVING WATERS D.p.D., INC. (714) 671.0801 DID SCHEDULE I GREER T:T:NEX PARK LAKE REHABILITATION Nuntington Beach, CA. JHG 90.022 Page 6 of 7 ITEMIZED BID ESTIMATED QUANTITY 1.NI•.L PRICE TWAL C. Install the following features or structures as shown on plans and specifications, co;".plete, including all materials and labor: 1.. Erosion resistant concrete pad four (4) inches thick with 6x6x10x10 gals. wire at boat/duck rarp. Lunp S= 2. Modification of existing system per plans and specifications. Lur p S.,,-, $ 322.00 $ 322 . 00 3. insta_ll or repair Rip -Rain at ? ske inlets aN cut i ets per plans and specifications. 900Sq. Fz 1 , 7 4&. oa $ 1.94 $ 1448-09 4. install 6" pvc drain pipe from pump vault to existing storm inlet structure per plansand s ecif i cC;t Lo ns at no a3di{ Iona._. cost to city. Equipment shall shall include but not be limited to the following. a. 200 lin. ft 611 pvc pipe b. inflatable plug for storm pipe C. connection fitting to tie 6" pvc pane to existing storm pipe d. misc. fittings, piping & incidentals Lump Sur: $ 2 , 303.00 5. Install water level per detail E/LP-7 including all materials and labor per plans and specifications. Lump Siam $ 931.00 D. Fill up lake from owner furnished water supply source. Lump Sum $ 300.00 4 2,303.00 0 931.00 $ 300.00 LIVING WATERS D. R n., INC. . (714) 671.0801 ,BID SCHEDULE I •GREER ANNEX PARK LAKE REHABILITATION Huntington Beach, CA. Page 7 of 7 JHG #: 90.022 Note; Total amount bid shall include Alteznat v - turf along new lake edge. 00 TOTAL AMOUNT BID IN FIGURES $ -fKI a TOTAL UNT BID IN WORD $ ONE HUNDRED THIRTY 0l6g44T-TvJ�!"TY 'fNt�C 0. -eNE-_HUNDRED S-I-* DOLLARS _AND -Y ] 00. DEDUCTIVE ALTERNATE BID SCHEDULE 11 C 1RJ:S CA RR DARN LAKE REHABILITATION I- untington Beach, CA. JHG it : 90.022 LlV'INC kC;tWF EFRO U.P.0., 1NC. (714) 871-0801 Page 1 of 7 raor,� • . UNIT PRICES It the installed quantity for.. any item varies from the bid set of plans, the addition to or ie tuctlons from the iten' s total figure will be based on the submitted unit prices. ITEMIZED BID ESTIMATED QUANTITY SITE PREPARATION A. TEMPORARY CHAIN LINK FENCE 1. Install temporary construction fencing t -z� s"nart .^_.'_ � ro-i ect ccn: truction an6 rertcve at completion of project. 1350 901-Lin. Ft. B. CLEAR AND GRURINS 1. Clear and grub lake bottom and side slopes, r4novE tree rco::s at late edge and dispose of organic Materials at no additional cost to the owner. Lo ; Sum C. UYCLASSI:IED EXCAVATION 425 Cu.Yd. $ LAKE CONSTRUCTION' A. EROSION RESISTANT LAKE ErGE i. Install lake edge wall as per plans and specifications, including all labor, materials, rough grading, fire grading and backfill required for a complete ready to use wall. 1,080 Lin. Ft. UNIT PRICE TOTAL J 1.14. �/ - $ $ ?i1-,125, ao n Mn $�12_an $ 13,932.00 *Ir^.ported sandy soil . 200 Cu. Yds $ 13.76 $ 2;752.00 *Only to be used as an additive: to the excavated lake material if found necessary to ensure proper compaction o; backf ill.. LIVE XG YVa'. k ��•-"') e'D. n, •`3., C HIC. (714) 671.0801 MEDUCTIVE ALTERNATE 131D SCHEDULE II C-IRIS C?_RR PARK LAKE REEABILITATIO Huntington Beach, Cry, Page 2 of 7 _"]-G ?=: 9C.022 Note; For Bid purposes only (items 7.A, 2B & 2C) it has been assu:-.­ad that bachfill. an _I .inishing will be required for a distance of six (6) feet behind the new lake edge wall and to a depth of twenty (20) inches below the top of the new lake edge vall. Actual quantities shall be submitted by the contractor and verifiec; to the satisfaction or the City of Huntington Beach. ITEMIZED BID ESTIMA'sED QUANTITY Ui;aT PRICE TOTAL 2A. Alternate A - turf along new lake edge Install and/or replace turf on shore side of lake edge wall 6,470 Sq. Ft. 2B. Alternate B - A.C. sidewalk along new a. Install six (6) foot wide A.C. �-:a K. ay and base course per plans and specifications A.C. "'aterial 134 i' Tons Base course 185 Tons 2C. Iternate C -- Concre -e slde::alk a. insta!1 six (6) foot wide concrete walk.way over compacted, subcrace :er plans and sry �ficGt _.o ;s 7,400_- So, lake edge 23, &C4.4 k. $ 176.60/TON $ 2 3, $ 37.32/TON $619G6. Be alone. ne-vy lake edge =,4. $ 3.19 S 23,606.00 DEDUCTIVE ALTERNATE DID SCHEDULE II CHRIS CARR PARK LAKE REHABILITATION 'Huntington Beach, CA. Page 3 of 7 JHC P: 00.022 ITEMIZED BID ESTIMATED QUANTITY UNIT PRICE TOTAL 3. Install four (4) inch thick cenent stabilized sand liner over lake bottom as per plans and specifications including all materials, labor and machinery, supervision and other items required for a complete liner, ready to use without further cost to Owner. gg,1o[0.00 61,000Sq. Ft. $ :79 $ 4S,642 �-- B. LAKE MECHANICAL SYSTEM Install lake mechanical systems as per the plans and speci.ficati.ons, including all rateria's, labor, vaunts, ccmpressors, skinners, filters, pipelines, valves, aerators, etc., trenching and backfill and any other itens required for a complete system, ready to operate at no additional cost to Owner. 1. B'_ofilter syste,. shall include but not be limi zec, to the following; a. 760 !A. fr. 1" slotted pipe b. 72 An. ft. 4" pvc pipe C. 1.10 M. ft. 6" pvc pipe d. 25 cu. yds. biofilter gravel e. rrisc pvc fittings, piping & incidentals f. 130 lin. ft. concrete block wall g. 25' x 40' x 4" thick concrete pad 2 systems $ 7,674.00 $ 15,348.00 2. S V ir.'ner system shall include but not be limited to the following: a. 4 -- skimmers b. 0400 lin. ft. 3" pvc pipe c. ,;�0 lin. ft. 4" pvc pipe d. mi.sc fittings, piping & incidentals 1 systems $ 5,178.00 $ 5,178.00 (714) DEDUCTIVE ALTERNATE DID SCHEDULE IT C'r"s:?IS CAPR PARK LAKE REHt':x3?1.IT TION ,Huntingtcn Beach, CA. • HG A 90.022 ITEMIZED BID ESTIMATEO QUANTITY Page 4 of 7 UNIT PRICE TOTAL 3. P urp recirculation equipr,ent shall. include but not be liM_.ted to the following: a. 1. -- PACO 4095-7, type L pump b. 1 - 6" cast iron cross C. 3 - 6" cast iron tees d. - -- 6" x 4" cast iron ell e. 2 - 6" cast i.rcn ells f. 4 -- 6" butterfly valves g. 1 - 4" butterfly valve h. 1 - 6" x 411 x 6" cast iron, ,gee i.. 7 - 611 x 611 x, 2" pvc tees j . 2 - 6" pvc tees k. 1 - J" blind flange 1. 8 - 2" pvc ball valves rrl. 8 - 2" pvc unions n . 8 - 6" pvc f langes c. 1 411 pvc flame p. 4 - Baker Hyaro~150 U:: cartridge filters q. i __ 6" link seals r. i - 4" link seal. S. "_sc fittings, piping & incidentais I systems 58,191.00 $ 4. Electrical equipment shall include but not be limited to the following; a. Motor control panel by PEP b.6 0. lin . ft. 2" pvc elect. conduit C. I - 2" lint: seal d. connection to all motors e. misc incidentals 1 systems $ 4,8n.00 5. Sur.-,p pump systen shall include bat not be limited to the fcllo:ri rg: 8. 2 - Little Giant 8-CIA sump pumps bADD05 lin. ft. 3" pvc discharge piping C. 1 -- 3" link seal d. Misc fittings, piping & incidentals per detail A/LP-5 81191.00 $ 4,886.00 1 systems $ 1,408.00 $ 1,408.00 LIVING DEDUCTIVE ALTERNATE BID SCHEDULE II CHPIS CARR PARK LAXE REHABILITATION ,Huntington Beach, CA. jnc #. 90.022 ITEMIZED BID ESTIMATED QUANTITY 6. Conpressor systen shall include but not be linite:?. to the followin a. 1 - Pacific Pneumatics compressor package # 78202 b. 40 An. ft. 2" gals. piping C. 2 -- 1-1/2" brass ball valves d. 2 - pipe supports with rase S. 1 - permanently -mounted 12" x 12" compressor start-up sign f. irisc fittings, piping & incidentals per detail C/LP-7 I systens Page 5 of 7 UNIT PRICE TOTAL S 4,606.00 c 4,606.00 7. ven ar.i Ofschawge system shall include but not be linited to he following: a. 1103 kin. ft.. _" pvc pipe b q.p lip.. ft. 6" pvc pipe C. 9 - venturi discharges per detail A/ LP-7 d. wisc __tting, piping & incidentals 1 systems $ 6 ; 234.00 $ 6,234.00 S. Aerator system shall include tut not be linitel tc the fo=lc'.: i nu a. 1100 lin. ft. 2" pvc ripe bgQ&W M. ft. 112„ weighted feeder tube C. 10 lin. ft. 3/4" flexible pvc pipe d. 6 - Ra=.co MAT 8/ ` aerator e . fittings, piping & incidentals per detail B/LP-8 1 systems 9. Egui merit vault shall include but not be l in i ted to the following: a. concrete slab and footing b. concrete block walls C. 36" lockable petal door d. roof and roof trusses e, mi.sc hardware & incidentals f. galy. access ladder $ 3,966.00 S 3,966.00 1 systems $10, 027 _ nn-�- $. I n ,-0 n-0- DEDUCT— VE ALTERNATE BID SCHEDULE 11 CI'RIS CARR PARK LAKE REHABILITATION 'Huntington Beach, CA. jHG #: 90.022 ITEMIZED BID ESTIMATED QUANTITY C. Install the following features or structures as shown on plans and specifications, complete, inc1. tang all naterials and Labor. 1. Eresicr. resistant concrete pad four (4) inches thick with 6a6xI0x!O galv. wire at boat/duck ramp. Page 6 of i UNIT PRICE TOTAL L,,:�ip Sum $ 581.00 2. modification of existing system per plans and specifications. LIrp sul, $ 200.00 D. Fill up late from owner furnished water supply ;` source. Lung Son c inn nn. $ 581.00 200.00 5 300:00 LIVING �n`.��'; P.G., lac. ( 14) 4 e 1-t ill DEDUCTIVE ALTERNATE BID SCHEDULE II CHRIS CARR PARK LAKE REHABILITATION Huntington Beach, CA. 3HG #: 90.022 Page 7 of 7 Note; Total ar.:ount bid shall include Alternat - turf along new lake edge. TOTAL AMOUNT BID IN FIGURES $ 156,031. 4J TOTAL AMOUNT BID IN WORDS ' HEC-E Rt gt>)ZEb N+r17`1' EIGHT CIO THIRTY ONE DOLLARS AND -N&/100. �I d� ONE HUNDRED FIFTY SIX THOUSAND TOTAL AMOUNT BID IN FIGURES FOR BOTH SCHEDULE J,/kND DEDUCTIVE 2 e2>,'2'7_-2_. 10 ALTERNATE SCHEDULE II $ - TOTAL AMOUN? T BID IN WORDS FOR BOTH SCHEDULE I AND DEDUCTIVE erI6"-r ALTERNATE SCHEDULE II TWO HUNDRED EIGHTY N! EL -THOUSAND Tvj o TW ffQTY- -M-4 C, -Z ¢ ON HUNDRED -Till REIL= SEVEN OLLARS AND-N-&1100. `Livin 6RVE4 J��.4�it�TAT�I/ CA-�,e lib4k�- tA,Es CITX dF H�/yri�7ZA/5r�q � z CY 4.7 } Gl