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RON HARRIS CONSTRUCTION (old subject #52) Drain Line (Adventure Playground) CC-713 (Notice of Completion 6/18/87) - 1987-03-02
HoCITY OF HUNTINts-i"ON E3EAC 2000 MAIN STREET P. 0. 80X 100 CALIFORNIA 92848 Paul 6. Cook Public Works Dewrtment Dire" (714) 636-6431 LETM OF TRANSN17TAL To: �Itjjoe1S (6)&t57evcT7urt/ Date: n '�2 /75 fvr �.� c�'1z s-r' Project: �D c ).j; -k J2��n.� /r JJ BA" 1/ rl_i 6 / Gentlemen: We are sending ❑ herewith ❑under separate covet by mail ❑ per your request ❑ per the request of ❑ street improveMent plans ❑ correspondence [) parcel mp ❑ estimates C3 record mep ❑ legal descriptions contract docwents Q grading plan ^ /J For: ❑corrections ❑your file [}approval ❑your use ❑distribution ❑your information Remarks: LC/'��y7i""�L}-� -c�. !/^C,_ " `�`L-Cc+c.-5a-<-/L� CyC.,�-✓ "U� By: cc:AZY [Kk � CITY OF HUNTINGTON BEACH 1INTER-DEPARTMENT' COMMUNICATION " UACH To ROtiwr J. FRANZ, Chief From ACCOUNTING & RECORDS Administrative Services Department Subiec:t 10% Retention Date `7 7 Xc -71 Y his o _2947 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five day waiting period has elapsed. Payment of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. Dan T. Villklla, Director of Finance I certify that no stop notices are on fil on the subject contract at this time. • f Date. �� �� Paul Cook, Director Public Works Department I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: A cia Wentworth, City Clerk 1 certify that there are no outstanding invoices on file. Warren G. Hall, City Treasurer 1187j Bond 0 CA108005-A MERCHANTS BONDING COMPANY 3465 CAMINO DEL RIO SOUTH, SUITE 310, SAN DIEGO, CA 92108 MAINTENANCE BOND KNOW ALL _MEN BY THESE PRESENTS, That we, Harris Construction as Principal, and Merchants Bonding Company (Mutual) , a Corporation organized under the laws of the State of Iowa, with principal offices at Des Moines, Iowa, as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) , in the penal sum of Nineteen Thousand, Two Hundred Sixty and ------------00/100 ($ 19,260.00 ) Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for: Adventure Playground Central Park Drain Line CC 713 and WHEREAS, said contract provides that the Principal shall furnish a bond which shall remain in force for a period of one (1) year(s) from the date of the Project as established by the Engineer or Architect and which shall be condi- tioned to guarantee against all defects in workmanship and materials which shall become apparent during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLICATION IS SUCH THAT, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which shall become apparent during the period of one (1) year(s) from the date of completion of the Project as established by the Engineer or Architect, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date there- of shall be delivered to the Surety by certified mail at its Branch Office, 3465 Camino del Rio South, Suite 310, San Diego, CA 92108, promptly and in any event within thirty (30) days after the Obligee or his representative shall learn of such default. Signed, sealed and dated this 12th day of August 19 87 Page 1 of 2 Pages AT �VEY-IN-FACT AFFIDAVIT ^ � OFFICIAL SEAL STATE OF CALIFORNIA, JEANEITE A. FEDERICO SS. �� Nolary Public-California COUNTY OF _Orange------- __-_______. (Ri„',N F COUNTY On this -�----2th a of ------------A--g---�-fit V Y&`;t. 1�, t ego ,y - 1 d Y -- -------- ---------, efore me ---------- ----------------------------- --------------------------------------------- -_Jeanete__A.__Federico----------------------------------------- - personally appeared (here insert the name and quality of the officer) ----------------------------- -------------------------Je..f_f ------------------------------------------------------------------------- - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as attorney in fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and seal this-__--_..-12th--- day of _______________________August 19__87-. - -----------� + - ------------ My Commission expires -------- _October___19_,_____1990 Notary Public _ Jud.999 (7-82) Calif. „�. Page 2 Harris Construction Principal - By MERCHANTS BONDING COMPANY (MUTUAL) Surety By J R./y yde Attorney in Fact ACKNOWLEDGMENT OF SURETY STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss On this 12th day of August 19 87 , before me a Notary Public in and for the said county, personally appeared Jeffrey R. Gryde personally known to be (or proved to me by satisfactory evidence) the person who executed the within instrument as Attorney in Fact of Surety therein named and acknowledged to me that the Surety executed it. Notary Public SEAL Page 2 of 2 Pages MERCORNTS BONDING COMRNY — MUTUAL— DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents,that the MERCHANTS BONDING COMPANY(Mutual),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint Jeanette A. Federico, and Jeffrey R. Gryde Of Orange and State of California its true and lawful Attomey-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety: Any and all bonds and undertakings in its normal course of business, provided no one bond or undertaking shall exceed the sum of Five Hundred Thousand dollars and 00/100 ($500,000) and to bind the MERCHANTS BONDING COMPANY(Mutual)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(Mutual),and all the acts of said Attorney,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(Mutual). ARTICLE 2, SECTION 6A.—The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 2,SECTION 6B.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(Mutual)has taus these presents to be signed by its Vice Presideniand Executive Vice President,and its corporate seal to be hereto affixed,this day these of July A.D., 198 Attest: MERCHANTS BONN'%Y Y(Mutual) By Vice President •• J►N,' ExetuAP�jG�President STATE OF IOWA ••. .•• COUNTY OF POLK ss. • •••• On this 6th day of Jul 19 87 before me appeared M.J. Long and Rodney Bliss III,to me personally known,who being bgme duly swom did say that they are Vice President and Executive Vice President respectively of the MERCHANTS BONDING COMPANY(Mutual),the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal,at the City of Des Moines,Iowa the day and year first above written. • > 7 Q C , Notary Pudic,Polk County,Iowa : IOWA m : My Commission Expires z '•. 8-4-89 Ol' , ' 4" STATE OF IOWA �' ••• COUNTY OF POLK ss. I,M.J.Long,Vice President of the MERCHANTS BONDING COMPANY(Mutual),do hereby PrrWat4gl1he above and foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said PONDING COMPANY(Mutual),which is still in force and effect. • �` aP0A;. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company,at this 12th day of August 19, 87 • 1933 :c: • y. •cam. Until Revoked ••.ft' \1�.• This power of attorney expires ., •. 0 •...... 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 L17 /_3 �rC" tr � �.� , ,C c :,ct� r � G'`., +-2 �r7�_ Project No. �,4PYtie 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 applicable to the wage rate paid. Signature and Title 0 0 RONALD L. HARRIS CONSTRUCTION —picensa #375146 1756 PUEBLO CREST LA HABRA, CALIFORNIA 90631 (213) 694-3070 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC lvoRKS P.O. BOX 190 HUNTINGTON BEACH, CALIFORNIA 92648 GENTLEMEN: THERE ARE NO CLAIMS AND ALL BILLS HAVE BEEN PAYED ON THE PROJECT "ADVENTURE PLAYGROUND DRAIN LINE - PROJECT NO. CC713. THANK YOU, RONALD L. HARRIS CONSTRUCTION Q°�w° WHEN RECORDED MAIL TO: • CC-713 81 44ia 346247 RECORDED 1N OFFICIAL RECORDS CITY OF HUNTINGTON BEACH of ORANGE COUNTY. CALIFORNIA Office of the City Clerk EXRPT P. o. Box 190 C14 -255 PM JUN 18 '87 Huntington Beach. Calif. 926AF NOTICE OF COMPLETION RECdRDER NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to RON HARRIS CONSTRUCTION, 1756 Pueblo Crest, La Habra Heights, California 90631 who was the company thereon for doing the following work to-wit: Construction of Adventure Playground Drain Line, Project CC-713, in the City of Huntington Beach 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 June 15, 1987 That upon said contract the MERCHANTS BONDING COMPANY (MUTUAL,) was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 17th day of June 1987 Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) BY Deputy County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, 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 17th day of June 19 87 . This document is solely for the official business of the City Alicia M. Wentworthof Huntington Beach, as contam- City Clerk and ex-officio Clerk plated under Government Code Sec. 6103 and should be recorded of the City Council of the City free of charge, of Huntington Beach, California BY /,., Deputy !,Oy WHEN RECORDED MAIL T(' Jii 01�Jt COPY CF-%13 _.. r _ ; ,.xd. GITY OF HUNTINGTON BEACH �4 Office of the City Clerk EXEMPT 1 F'. ('i. Rox 190 Huntinvton Drdrh, Calif, 92FAF8-17345247, NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to __RON HARRIS CONSTRUCTION, !_____ 1756 Pueblo Crest, La Habra Heights, California 90631 who was the company thereon for doing the following work to-wit: Construction of Adventure Playground Drain Line, Project CC-713, in the City of Huntington Beach ------------ RECORDED IN OFFICI:AR�ECORDS OF ORANGE COUNTYFORNiA-2 s5 pM J8 '87OUNTYCORDER 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 June 15, 1987 That upon said contract the _ ,EFtW_HAIUIS__BQNplblr��pD4AQBtY was surety for the bond given by the said company as required by law, Dated at Huntington Beach, California, this 17th day of June 19 87 - Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY _ + STATE OF CALIFORNIA j Deputy County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, 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 17th clay of June 19 87 This document is solely for the official business of the City of fluntSnce.on Bench, as contem— Alicia M. Wentworth plated under Government Code City Clerk and officio Clerk Sec. 6103 and should bo recorded of the City Council of the City free of ebarge. of Huntington Beach, California DePut, - ell't REQUE* FOR CITY COUNCIDACTION Date June 4, 1987 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator(. Prepared by: Paul E. Cook, Director of Public Works Subject: Adventure Playground Drain Line; CC-713 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: Ron Harris Construction has completed the installation of a new drain line for the Adventure Playground pond. RECOMMENDATION: Accept the improvements and authorize the City Clerk to file a Notice of Completion. ANALYSIS: On April 6, 1987, the City Council awarded a contract to Ron Harris Construction for the installation of a new drain line at the Adventure Playground Facility in Central Park. The construction of these improvements is now complete, per the approved plans/specifications, and 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: Council Approved Actual Expenditure Contract Amount $19,260.00 $19,720.00* Construction Contingencies 1 92600 -0- Total 21:186:00 $19,720.00 *Actual field quantities for PVC piping and asphalt paving were greater than estimated. FUNDING SOURCE: Revenues of $22,149.00 were obtained from Fiscal Account 790766 (Central Park Improvements) to cover construction costs. ALTERNATIVE ACTION: N/A ATTACHMENTS: None. 00P 1000, PI O 5/85 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 28, 1987 Harris Construction 1756 Pueblo Crest La Habra Heights, CA 90631 RE: Drain Line at Adventure Playground - Central Park, CC-713 t Enclosed is your bid bond, a copy of the executed contract with the City of Huntington Beach and a Certificate of Compliance form. The Compliance Form must be signed at the completion of work and returned to this office. In addition, the following items must also be on file, with this office, before the City can release any retention funds. 1 . 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. 2. An affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors have been paid in full and that there are no outstanding claims against this project. 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, Contract Administrator, 536-5441 . Alicia M. Wentworth City Clerk AMW:bt CC: Don Noble, Public Works Dept. Enclosures: Bid Bond Cash Contract Certificate of Compliance (Telephone: 714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 23, 1987 Elser Constructors P. 0. Box 822 Calimesa, CA 92320 f We are returning your bid bond which was submitted with your proposal for the Drain Line at Adventure Playground, Central Park, Project CC-713 in the City of Huntington Beach. The contract for this job was awarded to Harris Construction of La Habra Heights. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:CB:js Enclosure (Telephone: 714-536-5227) 0 i, CITY OF HUNTINGtN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 23, 1987 Atlas Plumbing Company Inc. 3024 E. La Palma Avenue Anaheim, CA 92806 t We are returning your bid bond which was submitted with your proposal for the Drain Line at Adventure Playground, Central Park, Project CC-713 in the city of Huntington Beach. The contract for this job was awarded to Harris Construction of La Harba Heights. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:CB:js Enclosure (Telephone: 714-536-5227) 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 23, 1987 ATP Construction Inc. 1300 N. Catalina Avenue Pasadena, CA 91104 We are returning your bid bond which was submitted with your proposal for the Drain Line at Adventure Playground, Central Park, Project CC-713 in the City of Huntington Beach. The contract for this job was awarded to Harris Construction of La Habra Heights. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:CB:js Enclosure (Telephone: 714-536-5227) O BID PROPOSAL FROM ! �n Li �. Firm Norm To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the ADVENTURE PLAYGROUND I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans,specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach,California. The undersigned has not accepted any bid from any subcontractor or naterialman through any bid depository,the by-laws rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor,materials and equipment,and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach,California,I propose and agree to take full payment therefore at the following unit prices,to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY WRITTEN !N WORDS PRICE 1 Lump Sum Mobilization @ -'��1 e- � � Lump Sum 2 Lump Sum Clearing and Grubbing @ C-e e cs� Lump Sum - - V 0 I D - - 3 655 LF 6" PVC Pipe @ c?�;; ,� v LF 4 Lump Sum Concrete Headwall y -X-\-\ Lump Sum ITEM. APPROXIMATE ITEM MTN UNIT PRICE UNIT NO. QUANTITY WRITTEN IN wOIIOt PRII;. TOTAL 5 Lump Sum 4' X 6.5' Vault and 4" Gate Valve @ Voibf u 0 Lump Sum 6 5 EA Cleanout @ � , EA 7 35 SF 3" Asphaltic Concrete over 6" Aggregate Base @ 7 e'. SF I 8 Lump Sum Temporary Fencing @ � /Lump Sum \C\i�.:C�`+C�(�' �' � C�CS�� TOTAL AMOUNT OF PARK BID (Shall correspond with amount stated in contract) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536-5431 March 19, 1987 ADVENTURE PLAYGROUND CENTRAL PARK CC-713 s. ADDENDA NUMBER 1 Notice to All Bidders: Re: Attachment A - Soil Test Reports, Page HB-18 Attachment A is hereby deleted as there is no Soil Test Report applicable to this project. ery truly u s, 7_.__ Paul E. Cook Director of Public Works PEC:DRN:dw This is to acknowledge receipt and review of Addenda Number One, dated March 19, 1987. It is understood that the revision of new documents shall be included in the bid documents. Company By 7n -2 a .s Date PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: R e n/A.c Ca "C14 CA-, , S �i n1s7eVa7% •rJ 2 Address: /?S'G #?�J, (.�, 7 _ �� 1' 3.Telephone l 9` 3" 7e - �9 4. Type of firm-individual,partnership,or corporation: 0' 5. Corporation organized under the laws of the State of 6. Contractor's License Number: o/ _3 `? S/-1-6 Classification of Contractor's License R a+ 6 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: 8. Number of years experience as a contractor in construction work: 9. List at least six projects completed as of recent date: (Contract amt.) (Class$f work) (Date Completed) (Name and address of Owner) _�?, �//S. "� !K P.C P iP Ll n .� i7 1 r 4�0� — (� G�- c Jl • ,.-�) 0 � 10. List the name of the person who inspected the site of the proposed work for your irnf- A.)J/4 k a,) /r/A e ge,S t e i'S Date of Inspection ` 9X-A , . d 6f. 7 Yia c caL a-4- 1 s d, "7 11. If requested by the City,the bidder shall furnish a notarized financial statement,financial data,or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California,and any amendments thereto,each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime con- tractor in or about the construction of the work or improvement in an amount in excess of one-half ('/2) of one percent (1%) of the prime contractor's total bid,and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract,he shall be deemed to have agreed to perform such portion himself,and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS By submission of this proposal,the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub-contracts entered into and bonds furnished by sub-contractor for this project. (This guaranty shall be executed by the successful bidder in accordance with instructions in the special provisions. The bidder may execute the guaranty on this page at the time of submitting his bid.) GUARANTY To the City of Huntington Beach, Department of Public Works: PROJECT: The undersigned guarantees the construction and installation of t`�e following work included in this project: Should any of the materials or equipment prove defective or s?lould the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to oPerate properiy as originally intended and in accordance with the plans and specifications, due to any of th:: abov'-, causes, all within 12 months after date on which thi3 contract is accepted by the City, the undersigned agrees to reimbruse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the zost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and to repair said work completely without cost to the State so that said work will function successfully as oriqinally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the under•igned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be all to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. 4 4 0 4. .d/A2 9 , c Co ws 7,evc.T on/ Contractor Date 101'G/553B It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work,whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 60 calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten 0 0) days of the award of said contract,and to begin work within ten (10)days from the date of approval of the con- truct by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications,and the proposal and contract forms therefor.The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered,as to the character,quality,and scope of work to be performed,the quantities of materials to be furnished,and as to the requirements of the proposal,plans,specifications,and the contract. Accompanying this proposal is 0 r> ). ":OTICE: Insert the words "Cash;' "Certified Check," or "Bidder's Bond," as the case may be,in an amount equal to at least 10 percent of the total bid price,payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Sesch as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a con tract for doing said work and to furnish good and sufficient bonds in the farm set forth sr,. the specificationm and conrtract documents of the City,with surety satisfactory to the City within 10 days after the bide r i:s rcreived writt-- notice of the award of the contract;otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. Signature of Bidder Business Address / s(, �,, i o a (+ Place of Residence ,-2 s(, (h, _ •dla- � Dated this a.-Z day of h�a _t_._ 19_$_-7 Bidder shall signify receipt of all Addenda here,if any: Addendum No. Date Received Bidder's Signature REQUES OR CITY COUNCIL CTION 41 Date Mar — Submitted to: Honorable Mayor and City Council 4 �� Submitted by: Charles W. Thompson, City Administrator(? Prepared by: Paul E. Cook, Director of Public Works TX Subject: DRAIN LINE AT ADVENTURE PLAYGROUND — CENTRAL PARK; CC-713 Consistent with Council Policy? [ Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Pursuant to City Council approval of March 2, 1987, bids were received on March 24, 1987 for construction of a drain line at the Advenuture Playground facility in Central Park. RECOMMENDATION: Accept the low bid submitted by Harris Construction and authorize the Mayor and City Clerk to execute an appropriate contract in the amount of $19,260.00 ANALYSIS: On March 2, 1987, the City Council approved the plans and specifications for the construction of a drain line at the Adventure Playground facility in Central Park. Bids, as summarized below, were received and opened on March 24, 1987. Contractor Bid Amount Harris Construction $19,260.00 Atlas Plumbing $20,720.15 Elser Construction $25,880.75 ATP Construction $48,100.00 Staff has reviewed the bid proposals and recommends the acceptance of the Harris Construction Bid. FUNDING SOURCE: Contract Amount $19,260.00 Construction Contingencies (10%) 1,926.00 Solis Testing (5%) 963.00 Total: $22,149.00 Sufficient revenues exist In fiscal account 790766 (Central Park - Improvements) to cover construction costs. ALTERNATIVE ACTION: 1. Award a contract to an alternate bidder. 2. Reject all bids and forego project. ATTACHMENTS: None 000 CWT:PEC:DRN:dw Plo 5/85 CITY- E cINy Gf HUNTINGTON BEAN.0I.T. MR 2 ci PM UO z hz a+w 'JC IA 3 "Vie nasshillinH $0 A14a • Tues Mardi 24 19 8• .m. • DATE: �y� P ENGINEER'S ESTIMATE: $18,270 JOB AND CC NUMBER: CC-713/DRACN LINE AT ADVIIVTM PLAYGIDUND N/W Cbrner Corner of (bthard Street at Talbert Avenue BIDDERS NAME TOTAL BID AMOUNT 1. A. <—P. Construction, incorporated v d 2. Atlas Plumbing Company, Incorporated p?V Cx ® • �J 3. Bruce Paving OwgDany, Incorporated Dennis Elsek>Badthoe and Equipment Rental 5. Graoo Construction 6. Harris Construction 9, 026 Q. 7. Kaleb j i an Engineering NOTICE INVITING BIDS �C7 13 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 "-e k 1981, at which time they will be opened publicly and read aloud in the Council Chambers for the Arn )Sri✓C TIr�,� �' F A Z ►►V` &--,— in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on pb arm 198 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, Llpon receipt of a non-refundable fee of $3�, 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 afly or all bids. By order o the City Council of the City of Huntington Beach, California the 2 n 6 Of N��� 198-7. Alicia Wentworth City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 032BG 3 OD P U,) • REQUESI FOR CITY COUNCIL ACTION Date February 20, 1987 Submitted to: Honorable Mayor and City Council Submitted by: Charles Thompson, City Administrator��� Paul E. Cook, Director of Public WorkscIOti � Prepared by: L s Subject: Adventure Playground Pond Drain Line 39 clay cLE �s Consistent with Council Policy? [x] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue: The plans and specifications for the construction of a drain line at Adventure Playground are complete. Recommendation: Approve the plans and specifications and authorize staff to solicit bids for construction. Analysis: The Adventure playground facility in Central Park includes a pond that is extensively utilized during the summer months by local youth participating in the City's Community Recreation Program. The Orange County Health Department inspects the pond water on a regular basis. In conjunction with these inspections and the extensive use of the facility, staff is required to drain the pond and replace with fresh water. The current drain system is antiquated and a continual maintenance problem; therefore, staff is requesting that a new drain line be constructed. Cardoza—Dilallo—Harrington have completed the construction plans/specifications for a new drain line. Staff has reviewed and approved the documents; therefore the Director of Public Works requests Council approval of the plans/specifications and an authorization to solicit bids for construction. Funding Source: Funds of $20,000 have been budgeted in Fiscal Account 790767 (Central Park — Other) for these improvements. Alternative Actions: Deny approval of project. II84g PIO 5/85 „4uthprized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A-6214, dated 29 September, 1961, and A-24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange Public Nol,Ge AdrerlisinQ covered by this stllde.d is set ,n 7 point with 10 pica column width I am a Citizen of the United States and a resident of NOTICE INVITING BIDS the County aforesaid; I am over the age of eighteen Notice Is ereby given that years, and not a party to or interested in the below byath bids of Hurt ngto Beach at the of the entitled matter. I am a principal clerk of the Orange City Clerk atCiittylce Hall,2000 Coast DAILY PILOT, with which is combined the Main street, Huntington 1 Beach, California, until the NEWS-PRESS, a newspaper of general circulation, 'hour of 2:00 p.m.on March 4, 1987,at whirh.time they printed and published in the City of Costa Mesa, will be opened publicly and read aloud In the Council County of Orange. State of California, and that a Chambers for the Construc- tionNotice of Inviting Bids cly's adventure playground faculty. A set of plans, specifi- cations, and other contract documents may be obtained on March 3, 1987 at the De- of which copy attached hereto is a true and complete 2000 eMainf Street,Works, Hunt- Ington Beach, California, copy, was printed and published in the Costa Mesa, upon receipt of a non-refun- dableNewport Beach, Huntington Beach, Fountain Valley, Each bid shallllbe made on the Proposal Form and In Irvine, the South Coast communities and Laguna the manner provided In the contract documents, and Beach issues of said newspaper for two shall be accompanied by a certified or cashier's check consecutive weeks to wit the issue(s) of 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 March 6 198 7 to the Labor Code of the State of California and other laws of the State of Cali- March 13 7 fornia applicable thereto, 198 with the exception only of such variations that may be required under the special statutes pursuant to which 1 98 proceedings hereunder are i taken and which have not been superseded by the provisions of the Labor 198 Code. Preference to labor shall be given only In the manner provided by law. No bid shall be considered 198 unless It is made on a form jfurnished by the City of Huntington Beach and Is made In accordance with the provisions of the proposal I declare under penalty of perjury, that the requirements. P Y P 1 rY+ Each bidder must be foregoing is true and correct. jlicensed and also pre- qualified as required by law. The City Council of the City.of Huntington Beach re- serves the right to reject any Executed on March . 93 + 198 7 or all bids. By order of the City Coun- at Costa Mesa, California. cil of the City of Huntington Beach, California the 2nd day of March, 1987. y Clark of the Allele Wentworth, City nyt n Beach City of Hunt- Signature 2000 Main Street (714) 536-5431 Published Orange Coast Daily Pilot March 6,13,1987 F516 PROOF OF PUBLICATION SHEET—OF—SHEETS CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: DEPARTMENT OF PUBLICWORKS BIDS OPENED ENGINEERS ESTIMATE ,c.a CC N 7 3 A H F P No HUNTINCTOti BEACH BIDDERS N`0 ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT /V�o Z- 1-snz o6r, 90 Ail 4, ©, 1 r, /+ _ ■ �+.6/�'�. rn (/ C.. �/y ` G.<, �!�'Cf�/,rye'^ � �. �t • 14, se _= TOTpLSE/:�2,�, < Z� �� is L� (��: '�s` `t �Qf, SHEET—OF—SHEETS CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: .�,2,4/A) Z/ — AZ�✓t-&rrL,&.or DEPARTMENT OF PUBLIC WORKS LA)7710&rJ` D It - - - ��, �} C-� _ BIDS OPENED /�e-eH ZYr 191_ ENGINEERS ESTIMATE / �j ��� CC NO A H F P NO HUNTINGTON BEACH BIDDERS No ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Z, t`l�Bi N i� •S, 1?DiJ, t '0 t /��. Goo, o -15c, e� n�r� 3Dc Ste, ,E �f Z r7 I TOTALS SHEET—OF—SHEETS , CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: �42kJ ,C. Ak o02-E AZ)✓rfrmkzr- DEPARTMENT /OFFf PUBLIC WORKS BIDS OPENED / `f� � 19 ENGINEERS ESTIMATE ! � -7Q CC NO 7/3 A H F P NO HUNTI'VGTC^BEACH BIDDERS No ITEMS OF WORK OUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 90c CO Zcc Z, (/ �'70 6i N(� Q t� /rf •$, C1/i '� I I�©, Goo, c c at' t1 / 2CC VAwL'r fit. S �� % -� 3 LA, .3 cc — 5L , a z q PC, _ TOTALS o� Z0 ZO, ©p, 1 C CITY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RON HARRIS CONSTRUCTION FOR CONSTRUCTION OF ADVENTURE PLAYGROUND THIS AGREEMENT is made and entered into on this a Sth day of A y-' , 1987, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and Ron Harris Construction, a sole proprietor , 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 Adventure Playground 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 agree- ments hereinafter made and exchanged, the parties covenant and agree as follows : 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor , plant, tools, equipment , supplies , transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforseen difficulties which may arise or be 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 . 1 • • "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 1985 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 Cali- fornia 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 pro- visions and addenda applicable to the PROJECT . Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW" ) , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agree- ment 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 Agree- ment , subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of Nineteen Thousand Two Hundred and Sixty dollars ($19 ,260 ) , as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten ( 10 ) working days after notice to proceed is issued and shall dili- gently prosecute PROJECT to completion within sixty (60 ) calendar days from the execution of this Agreement by CITY, excluding delays provided for in Section 11 herein. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and • samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein . CITY shall have complete con- trol 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 speci- fications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7 . NOTICE TO PROCEED No work , services, material, or equipment shall be per- formed 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 performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR' S faithful performance of the work and 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 under this Agreement including, but not limited to, any workman- ship, 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 in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred and Fifty ($250 ) per day for each and every working day ' s delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder . CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics , quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15 ) days from the beginning of any such delay ( unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement ) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act , neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen ( 15 ) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 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 Agree- ment or the Contract Documents; or , (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; • • ( 2 ) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however , the time prescribed therefor may be extended by CITY . 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section . The DPW may, at its sole discretion, when warranted by the facts and circumstances , order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule . No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent ( 10% ) will be deducted and retained by CITY and the remainder, less the amount of all previous pay- ments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faith- fully 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 . 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest , if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 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 con- nection 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 , agents 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 property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by CITY, save and except those which arise out of the sole negligence or sole willful misconduct of CITY . CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorney ' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 19 . WORKERS ' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861 , CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder . CONTRACTOR shall maintain such Workers ' Compensa- tion Insurance in an amount of not less than One-hundred Thousand Dollars 4100,000 ) , at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder , furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certifi- cate shall include a provision that the insurer shall notify CITY at least thirty (30 ) days prior to any cancellation or modifica- tion of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30 ) days prior to any cancellation or modification of such policy . Said insurance shall not derogate from the pro- visions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcon- tractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, under-written by insurance companies in forms satisfactory to CITY for all operations, subcontract work , contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance policies shall name the CITY, 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 ,000,0000 ) combined single limit coverage . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at , or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; 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 will not be cancelled without thirty (30 ) days 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 Section 18 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance . CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent , or violates any provision of this Agreement or the Contract Documents , CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten ( 10 ) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time . Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 22 . 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 . 23 . 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 . 24 . 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. 25 . ATTORNEY 'S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement , the prevailing party shall be entitled to reasonable attorney' s fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney 's fees, costs and neces- sary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. 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. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 26 . 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. 27 . CAPTIONS 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 . 28. 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 RON HARRIS CONSTRUCTION 1756 Pueblo Crest La Habra Heights, CA 90631 Ron Harris, Owner May r ATTEST: APPROVED AS TO FORM: AV ' • �' t City Clerk y/,21/87 yCitty-Attorney o„qQEO -Q& REVIEWED AND APPROVED: INITIATED AND APPROVED: a Cify -9dmi-n—istratof Director of Public Works 2081L 4/20/87 AT 1 1wy I F.A T= AFFIDAVIT- OFFICIAL SEAL �iFAi�� FEDERICO STATE OF CALIFORNIA, cM SS. "� aryuii r.-Ga!ifornia Orangq; . % �)�a(�GEOt!j 6Tl COUNTY OF e ------- ������� ,. ,, my r,,;,,n, ryE). uct. 19, 1990 On this _-10th-. day of __------------- ___ _Pr_1 _ in the year --19$7, before me ---------- --_-_ ._ ----------------------I------------------------- Je_a_.nete_A_.__Federico-----------------------------------------------------> personally appeared (here insert the name and quality of the officer) --------- ---------- -------------------- ------------------------------------------------------------------------------------------ personally known to me (or proved to me can the basis of satisfactory evidence) to be the person who executed the within instrument as attorney in fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and seal this------_lOth------------ day of ........April_____________________________________ __ 19----g7. -------------- �� ��--- - 'G�� October 19 1990 Notary Public My Commission expires -------- _____ ---__ _,____________ ?u.d.999 (7-82) Calif. FAITHFUL PERFORMANCE BOND Bond No. CA108005 Premium: $277.00 KNOW ALL MEN BY THESE PRESENTS: That we,. HARRIS CONSTRUCTION as principal, and MERCHANTS BONDING COMPANY (MUTUAL) surety, are held and firmly bound unto the CITY OF HUNTIPGTON BEACH, ORANGE COUNTY, In the sum of Nineteen Thousand, Two Hundred Sixty and ----00/100 Dollars (S19,260.00 ), lawful money of the United States, for the payment of which sum, we I I and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation Is such that whereas said principal has been awarded and Is about to enter into the annexed contract with the City of Huntington Beach, County of Orange, State of California, and is required by said City to give this bond In connection with the execution of said contract; NOW, THEREFORE, if the said principal shall sell and truly do and perform all of the covenants and obligations as said contract on specified therein, then this obligation shall be null and void, otherwise It shall be and remain in full force and effect. No premature payment by said City to said principal shall exonerate any surety unless the City Council of said City shall have actual notice that such payment is premature at the time it is ordered'by said City Council, and then only to the extent that such payment shall result In loss to such surety, but in no event more than the amount of such premature payment. WITNESS our hands this loth day of April i9 87 HARRIS ONSTRUCTION By: � �-�G► Princip I MERCHANTS BONDING COMPANY(MUTUAL) Attorney—in— a STATE OF CALIFORNIA, ) ss. OFFICIAL SEAL County of Orange JEANETTt A. FEDERICO City of Huntington Beach s ai NotaryPub1iCCalifornia % ORANGE.AUNTY My Comm Exp.Oct.19,1990 On this loth pri 19 87 . before m Jeanette A. Federico a Notary Public in and for said County and State, personally appeared Ron L. Harris known to be to be the person who executed the within instrument on behalf of the Kr 14 t hnipIn named and acknow- I edged to me that suchr�oprietorship d9 4i9AC executed the same. proprietorship APPRDM At GAIL HUTTON City Attornek 0-17 ffaxkTiJi ' • MEFiANTS BONDING C�ANY - Mu ruAL- DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents,that the MERCHANTS BONDING COMPANY(Mutual),a corporalion duly organized under the laws of the State of Iowa•and having its principal office In the City of Dbs Moines.County of Pokk, Stale of Iowa, hath made, constituted and appointed,and does by these presents make,constitute and appoint ,, Ralph H. Eidem, Jr. , Jeanette A. Federico, and Jeffrey R. Gryde ot Orange and State of California its true and lawful Atlorney-in-Fact, with full power and authority hereby conferred in its name. plaoe and stead,to sign,execute, acknowledge and deliver in its behalf as surety Any and all bonds and undertakings in its normal course of business, provided no one bond or undertaking shall exceed the sum of Five Hundred Thousand dollars and 00/100 ($500,000) and to bind the MERCHANTS BONDING COMPANY(Mutual)thereby as kAy and to the same extent as lf such bond or undertaking was agred by the duty authorized officers of the MERCHANTS BONDING COMPANY(Mutual)•and all the acts of said Attorney.pursuant to the authp{i4r herein given, are hereby ratified and confin•ned. This Pow -d-A Iomey is made and exeaAed puruu to and by authority of the following By-laws adopted by the Board of Directors of III,*MERCHANTS BONDING COMPANY(Mtual). ARTICLE Z SECTION 6A—The Chairman of the Board or Presidenit or any Vice Presidem or Secretary shall have power and Authority to appo" Atto""-*t-Fad, and io atAhonze them b execute on behalf of the Company, and attach the seal of the Company thereto,bonds and txtlderfaWigs,recognizanoes,oo*w1s of inderrvxty and other wri"s obligatory to the nature thereof. ARTICLE 2 SECTION 68.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to arty Power of Attorney or Cerli6=bon#hero(sud xinirg the execution and delivery of any bond. undertalong. recogna-ante, or other axetysIV obligations of the CoffK ry.and such signature and seal when so used shall have the same force and effect as though manually faed. in V*rwm Whereof,MERCHANTS BONDING COMPANY(Mutual)has caused these presents to be signed by its vice Presidem and ExeaAtive Yne President, and ks corporate seal to be herab affixed,this day 7th of NOVe nbes A-D., 19 86 MERCHANTS BONDIrip\ ®rY(Mutual) B .Z _o y STATE OF IOWA COUNTY OF POCK r ' On this 7th day of November . 19 86 before me appeared MJ. Long and Rodney Bias Ill,Io tie persorrMy,lctown,wtto being by no duy trworn did say that they are vice Presiderx and Exeanive vae President rsspecdveiy of fhe MEACHANTS BONDING COMPANY(Mutual),the corporation described in the foregoing krsmxne&,and that the Seal affawd b the said Inebuterit is the Corporate Seal of the said Corporation and that the said ra rurnent was signed and sealed in behalf of said Corporation by auftarlty of Its Board d Dkeclions. h Testimony Whereof.I have hereunb set my hand and affixed my Official Seal.at the City of Des Moines. Iowa the day and year first above written, 41 0 Nor•lr Pud•c Pd�Co+ fy.A- 3 IOWA m wy c�...a,Fsa... �l kP STATE OF IOWA R I M S COUNTY OF POLK r ••... I.MJ.UxV.Yxx PresideN of the MERCHANTS BONDING COMPANY(Mutual),do hereby f the above and bregoing is a true and correct copy of tte POWER OF ATTORNEY executed by said "DING COMPANY(MuCral).which is Stiff in foroe and eAect. �► '. in YAb Whored, I have hereurAo not m ditx y hard and aed Ce 9"of ttw Company, at 0' On'0 ';'• this 10th affyof April 19, 87 - • ...c 1933 . ThW gown of attorney ezpirea Until Revokt •'.�l,� �C.• ATTORNE-Y-Pi-F-* *PF'f ',, l=`r , OFFICIAL E i.- �QPRIUCI STATE OF CALIFORNIA, , SS. �� COUNTY OF Orange--____-• On this __ ------ day of _________-_April____- -_`s_------- in the year 10th 1987 , before me ------- ---------------------------------Jeanett—e---A.--Federico---------------------------------------------------, personally appeared (here insert the name and quality of the officer) ------------- -------------------- -------------------------J_effrey---R.--uxyd.er--------------------------------------------- ------------- personally known to me (or proved to me on.the basis of satisfactory evidence) to be the person who executed the within instrument as attorney in fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and seal this __ _ loth y Aril 19 87 day of P- ----------- ---- ------- 1I My Commission expires -------_O__c__tob__e__r___-l9_,_--1990-------- Notary Public _ Jud.999 (7-82) Calif. LABOR AND MATERIAL BOND Bond No. CA108005 Premium: Included in the KNOW ALL MEN BY THESE PRESENTS: Perf. Bond That we, HARRIS CONSTRUCTION as principal, and MERCHANTS RON11TNG CUDIRANY (WJ J44b) surety, are held and firmly o 61tge her diUN Orange County, State of Cal 1 fornl a, In the sum of Cj,yt --t, -nd -------�0L1�1Lu1 Do I I ars ($ 19`1 260.010 lawful money of the Un 1 ted States,' for the payment of wh 1 ch sum, wet I and truly to be made, we bind ourselves, Jointly and severally, firmly by these presents. The condition of the foregoing obligation Is such that whereas said principal has been awarded and is about to enter into the annexed contract with the City of Huntington Beach, County of Orange, State of California, and Is required by said City to give this bond In connection with the execution of said contract; NOW, THEREFORE, If the said principal as contractor In said contract, or subcontractor, fails to pay for any materials, provisions, provender t_ or for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said surety will pay the same in an amount not exceeding the sum set forth above, and also In case suit Is brought upon this bond a reasonable attorney's fee to be fixed by the court. This bond is executed pursuant to the provisions of Chapter 3 of Division 5, Title 1, Government Code of the State of California, and shall Inure to the benefit of any and all persons entitled to file claims under Art is I e 2 of Chapter 2, of Tit I e 4, or Part 3 of the Code of Cl v I 1 Procedure of California as now or hereafter amended. No premature payment by said County to said principal shall exonerate any surety unless the City Council of said City shall have actual notice that such payment is premature at the time it Is ordered by said City Council, and then only to the extent that such payment shall result In loss to such surety, but In no event more than the amount of such premature payment. WITNESS our hands this loth day of April , 19 87 HARRIS ONSTRUCTION . B P MERCHANTS BONDING COMPANY (MUTUAL J R ryde,Attorney-in-Fact STATE OF CAL I FORNI A, ) ss. OF I,CIAL SEAL . JEANE� A. FEDERICO 1 County of Orange Notary Public-California City of Huntington Beach ORANGE COUNTY t My Comm. Exp.Oct.19,1990 ?'. 5 On this 10th o 9 87 pri , , before me 1 Jeanette ecerico a Notary Public In and for said County and ! tate, personally appeared Ron L_ Harry known to be'to be the person s who executed the within instrument on behalf of the xme rDi[ ii0 tdere(n named and acknow- 1 edged to me that such roprie ors 1p g c74Xpt�t74*� executed the same. Proprietorship 0-18 ra,AIL MUTTON tat t IDo' MEI-i1ANTS BONDING COW. ANY - MUTUAL- DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents,that the MERCHANTS BONDING COMPANY(Mutual),a oorporatron duly organized under the laws of the State of Iowa, and having rts pnnapal office In the City of Dbs Moines, County of Polk, State of Iowa, hath made, constituted and appointed,and does by these presents make,constitute and appoint r, Ralph H. Eidem, Jr. , Jeanette A. Federico, and Jeffrey R. Gryde of Orange and Stale of California its true and lawful Attorney-in-Fact. with full power and authortty hereby conferred in its name. place and stead, to sign, execute,acknowledge and deliver in its behalf as surety Any and all bonds and undertakings in its normal course of business, provided no one bond or undertaking shall exceed the sum of Five Hundred Thousand dollars and 00/100 ($500,000) and to bind the MERCHANTS BONDING COMPANY(MuWal)thereby as lolly and to the same extent as rl such bond or undertaking was aipned by the duty authorized officers of the MERCHANTS BONDING COMPANY(Mutual),and all the acts of said Attorney.pursuant to the suC>pM herein grven, are hereby ratified and confirmed. This P--o(-Anorney is made and exectAed pursuant to and by authority of the"kmring By-lzws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(Mutual). AATICLE Z SECTION 6A-—The Chaemtan of the Board or PresKk"or any Vice President or Secretary shall have power and AU&KXtty to appo" AtIorr"-rl-Fact. and to wxhorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and undertakings,moo7unvIoes,contnicts of K de"and other writings oblgatory to the nature thereof, ARTICLE Z SECTION 6&—The signature of any authorized officer and the Seal of ttw Company may be affixed try facsimile to any Power of Attorney or Certification thereof authorizing the exearbon and delivery of any bond. undertaJong. recogrxzance, or other aretyslW obligations of the Corrxw y; and such signature and seal when so used shall have the same force and effect as though manualy fired. in V*xw s Whereo(.MERCHANTS BONDING COMPANY(Muitual)has caused these presents to be signed by its Vote President and Exea*ve vice President,and its corporate seal to be hersb affixed. this day 7th of NOventbF r A.D.. 19 86 Attest: MERCHANTS BONDItg).- Y (Mutual) mob' p'P09�'. B o _ y ti No.v,..a«x •,fjl�.E.�.K�1���•s.a.nr STATE OF IOWA COUNTY OF POCK r •••• On tie 7th day of November 19 86 before me appeared M.J. Long and Rodrwy Bfiss III,b me personally known,who being by me duly oworn did say that they are V"Presidect and Exea&ve vice President rvaepecytvety of the MERCHANTS BONDNG COMPrVJY O&AA*Q,the oorporatlon described in the foregoing lrwtn neat and that the Seal aUed to the said InsW rrwA is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of sold Corporation by wittortty of Its Board of Directors. In Teatirr"Whereof, I have hereu nio set rrry hand and affixed my Official Seal,at the City of Des Moines. 1cwa the day and year first above wrftten. •. ��.C, < t1 Nuf•ry PW.0 fy. Ca/+ly b.•• 3 IOWA m z 8-:-89 0t ' • FP IO STATE OF WA 4 A 1 A L C' COUNTY OF POLK r ••..• I,M J.Long,Vice President of the MERCHANTS BONDING COMPANY(Mutual),do hereby f the above and bregokV Is a eve and correct copy of rw POWER OF ATTORNEY, exewed by Bald BONDING COMPANY(IAuXual),whur ictl is ftill in forC»and effect. :• , , '0 � '• in VA Y&wvo(, I have hereoo am rrry hand and affixed ttw aaal of fM Company, at O r aw 10th �r a April t9. 87 �'�'�` y 1933 c: This Dower of attorney expires Until Re1rJ:Ke<3 iJ#� -��`~• oM. INSURANCECERTIFICi 'E OF IsSUk UAIt(MMIL)IU/YY) .04-09-87 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS S O MM e Y & A S 3 O C 1 a t e S NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2601 E. Chapman Ave. , Suite 215 Fullerton, Ca. 92631 COMPANIES AFFORDING COVERAGE LETTER Y A AMERICAN STATES INSURANCE COMPANY INSURED LETTER B Fairmont Iris. iftm is Ron Harris ON DBA: Harris Construction LETTER O&A i; 1756 Pueblo Crest COMPANY D La Habra Heights , Ca. 90631 LETTER COMPANY E LETTER ta THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. 'O POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS �R TYPE OF INSURANCE POLICY NUMBER DATE(MMIDONY) DATE(MWWNY) EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY COMPREHENSIVE FORM 01-P P-0 3 7 512-2 2-14-8 7 2-14-8 8 INJURY W 4 $ A PRENSESIOPERATXXNS PROPERTY UNDERGROUND DAMAGE $ EXPLOSION&COLLAPSE HAZARD PROOUCTSICOMPLETEO OPERATIONS CONTRACTUAL BI&PD C1 , 000OMBINED $ $ 1,000 INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 1 , 0 0 0 AUTOMOBILE LIABILITY MY INARY ANY AUTO (PER PERw $ ALL OWNED AUTOS(PRIV.PASS.) BODILY ALL OWNED AUTOS OTHER THAN 01-P P-0 3 7 512-2 2-14-8 7 2-14-8 8 kuly $ PRIV. PASS. HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI 8 PD COMBINED $1 , 0 0 0 EXCESS LIABILITY UMBRELLA FORM BI 6 PD COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION i TORv3 AND Pending 3-9-87 3-9-88 $ 100 (EACH ACCIDENT) EMPLOYERS'LIABILITY $ 5 0 0 (DISEASE-POLICY LIMIT) $ 10 0 (DISEASE-EACH EMPLOYE OTHER )ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS City of Huntington Beach is named as additional insured. All Operationsof the named insured. Subject: Construc_tio )f Adventure Playground, Central Park. Spec #CC-713 City of Huntington Beach rLEFr, OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- Insurance & Benefits Division ATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. BOX 190 ILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES Huntington Beach, Ca. 92648 AUTHORIZED FftRESENTATIVE • RETURN TO: CERTIFICATE OF INSURANCE APPROVED AS TO FORM City of Huntington Beach TO Insurance&Benefits Division P.O.Box 190 CITY OF HUNTINGTON BEACH,CALIFORNIA City Attorney Huntington Beach,CA 9264$ A MUNICIPAL CORPORATION This is to certify that the policies of Insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give 30 days prior written notice,by mail,to City of Huntington Beach, Insurance and Benefits Division, P.O. Box 190, Huntington Beach, California 92648. Name of Insured Address of Insured Location of Work or Operations to be performed Description of Work or Operations POLICY DATES LIMITS OF LIABILITY Name of Insurance Co.& POLICIES IN FORCE POLICY NO. In Thousands(000) Self Insured Retention or Effective Expiration Deductible. GENERAL LIABILITY [ 1 COMPREHENSIVE FORM [ ] PREMISES—OPERATIONS $ CSL [ ] EXPLOSION AND Each Occurence COLLAPSE HAZARD [ ] UNDERGROUND HAZARD [ l PRODUCTS COMPLETED OPERATIONS HAZARD [ 1 CONTRACTUALINSURANCE [ ] BROAD FORM PROPERTY DAMAGE [ ] INDEPENDENT CONTRACTORS [ 1 PROFESSIONAL LIABILITY/ ERRORS&OMISSIONS AUTOMOBILE LIABILITY [ I COMPREHENSIVE FORM [ ] OWNED $ CSL [ ] HIRED Each Occurence [ ] NON-OWNED EXCESS LIABILITY [ 1 UMBRELLA FORM $ [ 1 OTHER INSURANCE COVERAGE WORKERS'COMPENSATION AND Waiver of subrogation from Workers'Compensation Insurer. Additional Insured Endorsement: The insurer agrees to provide an endorsement to each policy shown above as follows (excluding worker's comp.) The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach,when acting as such are additional insureds hereunder. Such insurance is primary and not excess or contributing to any other insurance of the City of Huntington Beach. This certificate is issued as a matter of information.This certificate is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Agency or Brokerage Insurance Company Address ome ice Name of Person to be Contacted Authorized Signature Date NOTE:Authorized signature may be the agents if agent has placed insurance Telephone number through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of an official of the insurance company. S&VERSE SIDE FOR HOLD HARMLESS AGREE16 0 The City of Huntington Beach requires by ordinance that a Certificate of Insurance be on file with us for the issuance of a permit or license;and that it be kept current for as long as that permit or license is in force. The certificate you now have on file with the City will expire on the date shown on bottom of mailing label. Please have your agent submit an updated Certificate of Insurance,on this form prior to this expiration date. Failure to comply may result in the cancellation of your permit or license and the closing down of your operation or event. This is the only notice of cancellation you will receive from the City of Huntington Beach. THE CITY OF HUNTINGTON BEACH MUST BE AN ADDITIONAL NAMED INSURED. All Certificates of Insurance should be mailed to the Insurance and Benefits Office, City of Huntington Beach, P.O. Box 190, Hunting- ton Beach, California 92648. If you have any questions, please call this office at 536-5990. DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The undersigned Insured Contractor, Sole Proprieto General Partnership/California Limited Partnership/California Corporation/ Other you must circle the appropriate choice or fill in the blank) hereby agrees to defend, indemnify and hold harmless the City of Huntington Beach, its officers,employees and servants (hereinafter collectively referred to as City)from any and all loss,damage,cost,expense, liability, claims,demands or judgments arising directly or indirectly out of the work, project, event or other purpose for which the accompanying certificate of insurance is provided, regardless of the active or passive nature of any negligence by City except when such liability arises from the sole negligence or wrongful misconduct of the City.This agreement extends to cover the actions and omissions of third parties as well as those of the Insured Contractor (indemnitor) and the City (indemnitees). The legal defense required by this agreement shall be provided upon request by the City and at the sole expense of the Insured Contractor. Any costs of defense or attorneys' fees incurred by City in enforcing this agreement shall be reimbursed to City or may be awarded City by a court of com etent jurisdiction. SIGNED: By: 4'�7 Title: By: Title: If a Corporation, TWO OFFICERS must sign; or, in the alternative, present satisfactory evidence of your authority to bind your Corporation. �t PIO 6/86 s .row-, pT-4C'll' I .y g�tas i U • CITY OF HUNTINGTON BEACH Insurance& Benefits Division. P.O. Box 190 HUNTINCTON BEACH Huntington Beach,CA 92648