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Tehachapi Landscape Company - 1993-12-20
CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNnNCTON BEACH _THOSE LISTED HEREON FROM - ,ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT::- 10% RETE ON PAY E zn cc DATE:""" :: .The,conformed copy of the Notice of Completion for the above contract has been filed`;.'Tlie-thirty=five (35) day waiting period has elapsed or will elapse before _, 'payment is made: Processing of the 9 0% retention payment-is recommended.so long'as•no stop notices or outstanding invoices are on file with the City. AN T. LELLA, Director of Finance I certify that no stop notices are on file on the subject a t ' time. Date: LES JONE , 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, City Clerk I certify that there are no outstanding invoices on fife. Date: DON WATSON, City Treasurer 0011042.01 03/14/95 12.57 PM Z THE ORIGINAL OF THIS DOCUMENT WHEN RECORDED MAEL TO: WAS RECORDED ON 14--JUN-1995V -Bo p CITY OF HUNTINGTON BEACH DOCUMENT NUMBER 95-0251084. Office of the City Clerk GARY L. GRANVILLE, CLERK-RECORDER 'a � P. O.Box 190 ORANGE COUNTY CLERK-RECORDER'S OFFICE n1 Huntington Beach, CA 92648 NOTICE OF COMPLETION , .. NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee,2000 net, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of�'e City of Huntington Beach, California to TEHACHAPI LANDSCAPE COMPANY who was the company thereon for doing the following work to-wit: CONSTRUCTION OF AMBERLEAF PARK,CC-899 INTEREST: Easement That said work was completed June 5,1995 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, June 5,1995. That upon said contract The American Institute of Architects was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated[order Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 6th day of June,1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA } County of Orange ) ss: City of Huntington Beach } 1, 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 io be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 6th day of June, 1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California g:COMCplgs Council/Agency Meeting Held: - �S Deferred/Continued to: pproved ❑ Conditionally Approved © Denied City Clerk's Signature Council Meeting Date: June 5, 1995 Department ID Number: PW 95-040 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato `( ` PREPARED BY: Ray Silver, Acting Director of Economic Develo ment s M. Jones 11, Director of Public Works SUBJECT: AMBERLEAF PARK, CC-599; NOTICE OF COMPLETION Statement of Issue,Funding source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachments) Statement of Issue: The construction of Amberleaf Park is complete. Funding Source: Funding of $41,551 from Community Development Block Grant Funds was available -in Fiscal Account No. E-HM-ED-876-3-90-00 for these improvements. Recommended Action: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion for the Amberleaf Park, CC-899. Alternative Actions : None REQUEST FOR COUNCIL ACTION MEETING DATE: June 5, 1995 DEPARTMENT ID NUMBER: PW 95-040 Analysis: On December 20, 1993, Council awarded a construction contract to Tehachapi Landscape for the Amberleaf Park project. The construction of all improvements is now complete per the approved plans and specifications; therefore, the Director of Public Works recommends acceptance of the project and requests that the City Clerk file the Notice of Completion. The following is a summary of the contract costs: Council Aggroved Actual Expenditures Contract Amount $36,450.00 `$37,516.12 Construction Change Orders $31645.00 **$0.00 Supplemental Expenses $1,456.00 *** 381.60 Total $41,551.00 $37,897.72 *The actual contract expenditures included the payment for the play equipment directly to the supplier because the contractor refused to complete this item and additional plant material as requested by the City. **There were no change orders incurred during this project. *** Supplemental expenses include required blueprinting and a separate landscape contractor to clean the park prior to the City taking over the maintenance. Environmental Status: None Attachment(s): City Clerk's Page Number MTU:LMJ:RH:gd 0012246.01 -2- 05119/95 9:42 AM CITY OF HUNTINGTON BEACH ACCOUNTS PAYABLE DEMAND INVOICE 44 VENDOR NAME VENDOR NUMBER I-J-J-J—I—I-..I—LLI (IF KNOW14 PURCHASE ORDER (IF APPLICABLE) ------��-- ASSIGNED INVOICES DATE REQUEST - - a SENT DATE CHECK ol - - DESIRED ACCOUNT NUMBER III.' 1_ - U2I r I._ I - 1 �- I� - l G - Ln $l_I_I 1-1-1-1 1-1-1-1•L.J-I 1_I - I_LI - LJ - IJJ.J - 1-1 - LLI - LU $1J_I•IJ_LI•IJJJ•La_I LJ LU — LU — LJJ — LJ — LJJ — LLJ sI—L1.1—LLJ 1-1—J-1.1-1-1 1-1 — LLJ — LLJ — IJJJ — LJ — LLJ — LLJ $LLJ,L_JJ IJJ_I•LLJ LJ — LLJ — LLJ — LLLJ — LJ — LJ — LLJ $LLI,IJJJ•1_LLI•LU IJ - IJJ - LJJ - LI-LI - IJ - LLJ - IJJ $IJJ IJJ_1 IJ_LI•LI-1 1_I - LLJ - LLI - LJ_I - U - LJ_I - LI_I $LLJ•I_LI_1,IJ_I_1•LLJ TOTAL $LI_I 1_I_IJ I_I_I_I•L!_I (IIZ=XMW DlUffaMM III'MF MW'gam aaunm Rpom a L APHI3L Pcaxz=mm Sis fam is to ba used*gn;rm q ci priomts to am pmiss ar imavlaals 8w vt&t m fivAm ei&ft. IN Y 5- 0 WHEN RECORDED MAIL TO: DOC # 95-025♦084 CITY OF HUNTINGTON BEACH 14—JUN-1995 O$:55 AM Office of the City Clerk P. O. Box 190 Recorded in Official Records Huntington Beach, CA 92648 of Orange County, California Gary L. Granville, Clerk-Recorder NOTICE OF COMPLETION Page 1 of 1 Fees: $ 0.00 Tax: t 0.00 NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee,2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to TEHACHAPI LANDSCAPE COMPANY who was the company thereon for doing the following work to-wit: CONSTRUCTION OF AMBERLEAF PARK,CC-899 INTEREST: Easement ,�G That said work was completed June 5, 1995 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, C� June 5, 1995. That upon said contract The American Institute of Architects was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 6th day of June, 1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-oiDcio 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 6th day of June, 1995..`` " City Clerk ard'ex-officio Clerk of the City Council of the City of Huntington Beach, California gxemseplgs CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 9264E OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 16, 1994 Tehachapi Landscape Company 18801 Adalante Tehachapi, CA 93561 Re: Amberleaf Park; CC-899 Dear Sir: 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 bg UtUrnedthis i after Ihe projectc I d but prior to the release-of i n 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 Nobel, Contracts Administrator, 536-5441. Sincerely, a'c�p Connie Brockway, CMC City Clerk CB:cc Enclosure: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 1462K/1463K I7alephono:714.53"2271 00 --------------- THE ORIGINAL OF THIS DOCUMENT � -n WHEN RECORDED MAIL TO: WAS RECORDED ON 14-JUN-1995, -3o O CITY OF HUNTINGTON BEACH DOCUMENT NUMBER 95-0251084. Office of the City Clerk GARY L. GRANVILLE= CLERK-RECORDER R 9 P. 0.Box 190 ORANGE COUNTY CLERK-RECORDER'S OFFICE �. 01 Huntington Beach, CA 92648 - D L.p C� NOTICE OF COMPLETION t . O NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to TEHACHAPI LANDSCAPE COMPANY who was the company thereon for doing the following work to-Kit: CONSTRUCTION OF AMBERLEAF PARK,CC-899 INTEREST: Easement That said work was completed June 5, 1995 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, June 5, 1995. That upon said contract The American Institute of Architects was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 6th day of June, 1995. h-1- City Clerk and ex-officiFie�r kof the City Council of thety 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 6th day of June, 1995.. City CIerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California &-\n"1ge �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK June 6, 1995 Gary L. GranvilIe, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy-document number, recording date, book and page number. Sincerely yours, Ole Connie Brockway City Clerk CB:cc Enclosures g:ccrnscplly (Telephone:714536-5227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to TEHACHAPI LANDSCAPE COMPANY who was the company thereon for doing the following work to Mv. CONSTRUCTION OF ANIBERLEAF PARK,CC-899 INTEREST: Easement That said work was completed June 5, 1995 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, June 5,1995, That upon said contract The American Institute of Architects was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 6th day of June, 1995. City Clerk and ex-oKio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-oiBcio 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 6th day of June, 1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:cclnscplgs Council/Agency Meeting Held: Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature 404 Council Meeting Date: June 5, 1995 Department ID Number: PW 95-040 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato c PREPARED BY: Ray Silver, Acting Director of Economic Develo ment s M. Jones II, Director of Public Works SUBJECT: AMBERLEAF PARK, CC-899; NOTICE OF COMPLETION Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment(s) Statement of Issue: The construction of Amberleaf Park is complete. Fundinq Source: Funding of $41,551 from Community Development Block Grant Funds was available in Fiscal Account No. E-HM-ED-876-3-90-00 for these improvements. Recommended Action: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion for the Amberleaf Park, CC-899. Alternative Action(s): None J REQUEST FOR COUNCIL ACTION MEETING DATE: June 5, 1995 DEPARTMENT ID NUMBER: PW 95-040 Analysis: On December 20, 1993, Council awarded a construction contract to Tehachapi Landscape for the Amberleaf Park project. The construction of all improvements is now complete per the approved plans and specifications; therefore, the Director of Public Works recommends acceptance of the project and requests that the City Clerk file the Notice of Completion. The following is a summary of the contract costs: Council Approved Actual Expenditures Contract Amount $36,450.00 *$37,516.12 Construction Change Orders $3,645.00 **$0.00 Supplemental Expenses $1,456.00 ***$381.60 Total $41,551.00 $37,897.72 *The actual contract expenditures included the payment for the play equipment directly to the supplier because the contractor refused to complete this item and additional plant material as requested by the City. There were no change orders incurred during this project. *** Supplemental expenses include required blueprinting and a separate landscape contractor to clean the park prior to the City taking over the maintenance. Environmental Status: None Attachment(s): City Clerk's Page Number MTU:LM.I:RH:gd 0012246.01 -2- 05/19/95 9:42 AM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works Engineering SUBJECT: Amberleaf Park; CC-899 Notice of Completion COUNCIL MEETING DATE: June 5, 1995 ATTACHMENTS- ": :STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if a licable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not A licable ..................... :.. :.. .... : ........: EX PLANATLO.NFOR-MISSING ATTACHMENTS: ::. .. . .:: ..... :REVIEWED .... i.. .... . : . ..... : ... ... RETURNED :_..—F RW ED Administrative Staff Assistant City Administrator Initial v ��O City Administrator Initial -City Clerk EXPLANATION: FOR RETURN OF; ITEM _ Space . Only) / J �9 REQUEST FOR CITY COUNCIL ACTION Date: May 2, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrates l Prepared by: Barbara A. Kaiser, Deputy City Administrator`e-"_` Louis F. Sandoval, Director of Public Works pROVED�3Y Y COUNCIL Subject: Amberleaf Park Renovation; CC-899 Consistent with Council Policy? [X] Yes [ ] 1 Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, STATEMENT OF XSSUE; A Federally Funded Contract needs to be executed for Amberleaf Park. RECOMIIIENDED ACTION: Approve and execute the Federally Funded Construction Contract, and substitute it in place of the previously signed City Funded Contract. ANALYSIS: On November 1, 1993 City Council approved the Plans, Specifications and Sample Contract for the Amberleaf Park Renovation. On December 20, 1993 City Council awarded a Construction Contract to Tehachapi Landscape. However, during the Pre-Construction Conference it was discovered that the Project is funded with Federal CDBG (Community Development Block Grant) Funds. A City Funded Contract was inadvertently used in the Contract Documents. The low bid contractor, Tehachapi Landscape has agreed to comply with the Federal Labor Standards and pay Prevailing Wages at no additional cost to the City. The Federally Funded Contract has been prepared and signed by the Contractor and now must be approved and executed by Council. The Federally Funded Contract will then be substituted in place of the City Funded Contract. FUNDING SOURCE: Funding of$41,551.00 from Community Development Block Grant Funds is available in Fiscal Account Number E-HM-ED-876-3-90-00 for these improvements. 0 Amberleaf Park Renovation CC-899 Page 2 ALTERNATIVE ACTION: None ATTACHMENTS: Federally Funded Contract MTU:BAK:LFS:rh FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TEHACHAPI LANDSCAPE COMPANY FOR THE CONSTRUCTION OF AMBERLEAF PARK TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW-PENALTY 7 15. PAYMENT OF TRAVEL 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18, INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGESIDELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 30. DEFAULT&TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 15 32 NON-ASSIGNABILITY 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 36. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ENTIRETY 21 TEHACH.DOC6/agree/03/03/94 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TEHACHAPI LANDSCAPE COMPANY FOR THE CONSTRUCTION OF AMBERLEAF PARK THIS AGREEMENT is made and entered into on this 444 day of zuaV , 1994, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and TEHACHAPI LANDSCAPE COMPANY, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the construction of Amberleaf Park in the City of Huntington Beach, California; 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 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 unforeseen 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 1 TEHACH.Domagree103103194 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 of 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. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. 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 2 TE HAC H.DOMag ree103/03194 Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A'); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Thirty Six Thousand Four Hundred Fifty Dollars ($36,450) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of 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 3 TEHACH.DOCK/agree/03/03/94 to completion within one hundred thirty-five (135) calendartworking days from the execution of this Agreement by CITY, excluding delays provided for 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 the terms and conditions 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 on CONTRACTOR on the premises. S. 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 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 TEHAC H.DOC6/agree/03/03/94 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 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 the 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. k ` 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) 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 (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 5 TEHACH.QOC6/agree/03/03/94 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW- PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five 6 TEHAC H.0006/agree/03/03/94 dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT-HOUR LAW California Labor Code, Sections 1810 of seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this p. 7 TEHAC H.DOC6/agree/03/03/94 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. 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. 19. 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 working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars 8 TEHACH.00C61agreel03103194 ($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 CONTRACTOR would sustain in the event of an by reasons 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 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 9 TE HACH.DOC61ag ree/03/03/94 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 claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the fumishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sale remedy of CONTRACTOR. 20 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 to 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. 21. 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 10 TEHAC H.DOCe/ag ree/03/03/94 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 fact and circumstances, order an equitable adjustment, upwards oridownwards, 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. 22. 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 payment 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 11 TEHACH.DOC6lagree103103194 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. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, 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. 25. 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. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein 12 TEHAC H.00C6lagree103103194 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 fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. 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 13 TEHACH.DOC6/ag ree/03/03/94 damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by_the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall 14 TEHACH.DOC61agree103103194 pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this 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. 31. DISPOSITION OF PLAN. 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. 15 TEHACH.DOMag ree103103194 32. 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. 33. 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. 34. STOP NOTICES' RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s 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. 35. 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. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, 16 TEHAC H.Doe6/agree/03/03/94 modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis- Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION MINORITIES ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL-EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor'regulations (41 CFR part 60). 17 TEHAC H.DOC6/agree/03/03/94 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race; color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, of seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four(4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI-KICKBACK"ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback"Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as 18 TEHACH.DOC6/agree/03/03/94 supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. 19 TE HAC H.DOCB/agree/03/03/94 (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, of seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 20 TEHACH.DOC6/agree/03/03/94 47. 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. TEHACHAP NDSCAPE COMPANY CITY OF HUNTINGTON BEACH, A municipal corporation of the State of ifomia By: Goo a Ca , Owner ' -, ATTEST: — Mayor s City Cleric APPROVED AS TO FORM: -REVIEWED AND APPROVED: City Atto ey City Administrator 1 TIATE OV Director of 0 ublic Works 29 7EHACH.D0C6iagree103103194 02/14/94 -14:21 '- T $,3225629 PR'INCI; ENT. - ,ij ..u..._................. Al ZfEERTI xi - T - 199UE4J11T5IA16i4U/VY1� r V r r t< _ 02-0 4-94 ......a..... ..Yv.:Y�.V—.,...a..n.-.x x .. ........rar' k.,.•�..a.a...�.iirVw..�.+...'N.. - ... I110ouctil 71119 CEf1TIFICA1 E IS ISSUED AS A MAT1 En OF INFOnMATION ONLY AND CONFE!IS NO 11IGI1TS UPON TILE CEnTIrICATE 11OLDER. THIS CEnTIFICATE P.ince. Insurance Agency DOES NOT AMEND, EXTEND OR ALTER THE COVEnAGE AFFMED BY 711E 1525 loth Street POLICIES BELOW, Bakersfield, Ca. 93304 COMPANIES AFFORDING COVERAGE COMPANY LEIIEn A Scottsdale Insurance Comp2�2y wMPANY 13 lt.5U11E11 LE1101 Tehachapi Landscape Company CO�15rNY C 18801 Adalante Tehachapi, Ca. 93561 - COMPANY C01.1PANY E LE:T IEn - - .lit -' '-R:%•k"''„-z-. i}:• :::k•' -f.1'�..�.;:,;;t e�x:a: 's: ram-^: •:r.,�:'}:: pg�y 1'.x:.* •�c. zt�ea a;i� O C T11Li . : ir. rss'�«. .t'✓. ,:x... ::::i .'s++�'�I ,:s. a� ._.r,a....�.o...+.•C..3:k:5i`e :l.1;iZ...:.`a..a,3.ti�tii:IL .t.:il'F.":.i»o-��i-vif�'.� '::`r:i:t.v.,,.,iw",w�....�::i-a::�.:::.:::csc:•a�c..s a-_..:.w.-•.�r"�.�+ •d '� 1111E IS TQ CEnTIrY THAT T11E POLICIES OP INSUIlANCEe LISTED DI?LOW(LAVE BEEN ISSUED TO 111L INSUfIED NAMED AI30VE FOn 11i1: POLICY f'Emoo INDICATED, NOTWITI(STANDING ANY nEQUIn[:MENT,TEf1M On CONDITION of ANY CONTPACT On OTIIFR DOCUW-NT WI'1II F*SPECT TO WI'Ia4 Tills CrnTtrr(CATE MAY RE (SSUEf7 0(1 MAY PERTAIN. INE INSURANCF AfFOnDCL7 BY T11E M.ICIES DESCRIBED 11En[IN IS SUBJECT TO ALL THE TEnMS. EXCLUSIONS AND CONDII IONS OF SUCI I POLICIES, LIMITS SI IOWN MAY 1IAV9 13EPM f1FOUCE0 BY PAID CLAIMS. CO TYPE OFI019U11AtiCE POIJCY Nl1sIDEr1 POLICY EFFECTIVE POLICY E71P1nAT10N I1MTT8 On UAIE IMM4)D") OAIE(MMiDD/YY} GENERAL L1A81U1Y GENEnAL AGInnEOAIE i 2�000,000. COIAMEnCIAL GENERAL UAOILITY I PnODUCTS-COM1110F A133. 3 11 000,000. ^_ CLAIMS MADE acDUrl pending 02-04-94 02~04-95 PEnSONAL a ADV.INJUnY s 1,000,000. OWME111 6 CONrnACTOn'S PrI01 EACII OCCUT1nENCE $ 1,OQa,000• FInE DAMAGE (A},y one fire} 5 T MED.EXPENSE(Any otis Person) 3 AUTDMOIVLE UADILITY COUIOINEO SINGLE s ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJUnY SCHEDULED AUTOS (Peer poison) � slrnEO AUTOS Hr)6lLY INJUnY f NON-OWNED AUTOS (Pal w.cldenll GAnAGF UAWLITY v PrIOPEItTY DAMAGG f EXCE&SUAQIUTY �SR GACI4OCCUnnFCNCE 6 GAI yUT Oil AOGnEEGATS s OTIVI TITAN UManELLA FORM A i[v-Xy WCnKEn•8COMPE11SATION } OY't1e4, r{ `3fATUlUt1Y LIMITS �� EACH ACCIDENT AND a pllt-T DISEASE—ADLICY LIMIT f EMPLOYEnS' UA6ILITY — DISEASE—EACH EMPLOYEE S ollltn L)ESCRIP110N OF OI'EriAT{0114'LbCA71014SfvEIhCLE9%SPECIAL PIENS Additional Insured: City of Huntington Beach, its officers and employees, 2000 Main Street; Huntington Beach, California 92648 hl:.:'1: -r-'' 1;}'i!s;,. .:;,/` ti i...._.}tTffCA,I�1t[?LI71wf3 � ti . : � �A.aS,� �fC�C1 �LaR�i3_t��•�IYiit[rclgr":�i�iiiiI.n Tll4ita[1►anLlum� SIfOULD ANY OF 11-IC ABOVE DESCRIBED POLICIES BE CANCELLED DEFORE 111E City of Huntington Beach ExPInATION DATE TIIEnE017. Tiff ISSUING COMPANY WILL• 2000 Main Street MAIL -3.0_ DAYS WnWTEN NOTICE TO TT1E CC(TffrrCATE IfOLOEt1 NAMED TO 111C Huntington Beach, California 92648 LrrT AUIIraTllzFo rICPrIEsf�1i'RT1 STATE P.Q. BOX B07,SAN FRANCISCO,CA 94101.0807 COMPQNSAY'ION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE FEBRUARY 10, 1994 POLICY NUMBER: 1366292-94 - CERTIFICATE EXPIRES: 2-1-95 r CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 CON LIC #479143 L This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. _ This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance 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. X. 1V' PRESIDENT APPR^.-L :_.S ':1' �`Wrir ♦♦. -ter GAIL By: r• EMPLOYER r STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS ANC CARTIER, GEORGE RANW12H HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE DBA: TERACHAPI LANDSCAPE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY 18801 ADALANTE TMUCHAPI, CA 93561 L ----- SCSF 102 k2 LR EV.1 --86I 01-0 262A CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 6, 1994 Tehachapi Landscape Company 18801 Adalante Tehachapi , CA 93561 The City Council of the City of Huntington Beach at the adjourned regular meeting held Wednesday, May 4, 1994, approved Federally Funded Community Development Block Grant Funds Construction Contract between the City of Huntington -Beach and' Tehachapi Landscape Company for the Construction of Amberleaf Park to be substituted in place of the previously signed city funded contract. Enclosed is an executed copy of the agreement for your records. Connie Brockway' City Clerk CB:bt Enc. Mlephone:714-636-5227) T have received the Faithful Performance' Bond and the Labor and Materials bond for Anberleaf Park; GC-899 on behalf of the Treasurer's Office. Dated By: Tehachapi Landscape 18801 Adalant Tehachapi, CA 93551 Maria, you can release the bid bonds. Chris 5227 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 015260 AIA Document A311 Performance Bond ". {lY Attorney KNOW ALL MEN BY THESE PRESENTS: that George Carter DBA Tehachapi Landscape Company (Here insert full name and address of legal title of Contractor) 18801 Adalante Tehachapi, CA 93561 as Principal, hereinafter called Contractor, and, =Aiwriean National Surety :Assurance Company (Here insert full name and address or legal title of Surety) 1301 W. 22nd Street, Suite 701, Oak Brook, ILL 60521 Calims Division: (800) 838-8383 as Surety, hereinafter called Surety, are held and firmly bound unto City Of Huntington Beach (Here insert lull name and address or legal title of Owner) 2000 Bain Street, P.O. Box 190, CA 92648 as Obligee, hereinafter called Owner, in the amount of Thirty Six Thousand Four Hundred Fifty and 00/100's Dollars ($ 36,4504 0 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 entered into a contract with Owner for (Here insert full name. address and descripi on of projeO Rehab Existing Park in accordance with Drawings and Specifications prepared by Owner (See Above) (Here insert full name and address or legal title of Architectt which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERTORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 1 rFRRUARY 1970 Ell).•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE-,N,W.,WASHiNGTON, D. C. 20006 + PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner, arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; but not exceeding, including other costs and damages to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety for which the Surety may be liable hereunder, the amount may promptly remedy the default, or shall promptly set Forth in the fast paragraph hereof- The term "balance of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less 2) Obtain a bid or bids for completing the Contract in the amount properly paid by Owner to Contractor. accordance with its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this 7th day of Februa-ry 1994 George Carter DBA Tehachapi Landscape Company •Porn pah i5cali twit�rS�] T,r)r1 American National Surety Assurance Coapany I turrty) Stall f4Netnc•..1 u l 1Titl�•1 Brian Scott Gerhard, Attorney-In-Fact I I CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A311 - PERrORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA 8 rEBRUARY 7970 ED.-THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE_,N.W.,WASHINGTON,D. C.20W6 2 THE AMERICAN INSTITUTE OF ARCHITECTS Bond NO. 015260 A1A Document A311 J• C1 L� Labor and Material Payment Bond 3��0 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that George Carter DBA Tehachapi Landscape Company (Here insert full name and address or legal title or Contractor) 18801 Adalabte, Tehachapi, CA 93561 as Principal, hereinafter called Principal, and, Arneriean National Surety Assurance Company (Here insert full name and address or !esal ;,;te of Surety) 1301 W. 22nd Street, Suite 701, Oak Brook, ILL 60521 Claim Division: (800) 838-8383 as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, P.O. Box 190, CA 92648 (Here insert rill name and address or legal -.ole or owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the Thirty Six Thousand Four Hundred Fifty and 00/100's amount of (Here insert a sirs equal to at !east one-half of the contract price) Dollars (S 36,450.00 }, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 entered into a contract with Owner for (Here Insert fu!I name, address and description of project) in accordance with Drawings and Specifications prepared by Omer (See Above) (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A)11 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • A!A O FEBRUARY 1970 ED.•THE A.MERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASHINCTON, D. C. 20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and maleriaf used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with .the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail; postage prepaid, in an envelope ad- water, gas. power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer, claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials mvere bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon_ The Owner shall not be liable for the payment of any costs or expenses ct Other than ;n a state court of Competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the by any claimant: district in which the Project, or any part :hereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one havirig a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount e for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this day of 19 George Carter DBA Tehachapi Landscape Company (Principal) !seal] fb'L'irnc�c) (T]t!(•r A*nerican National Surety Assurance Cotnpany fSuri•ry) — IScal] !W]mc•ti.r Brian Scott Gerhard, Attorney-In-Fact I CAUTION: You should sign an original AIA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL CAYMENT BOND • AIA ® 4 FEBRUARY 1971r ED_•THE AMERICAN INSTITUTE OF ARCHITECTS, 17IS Y_Y.AYE., N.W.,WASHINCTON,D. C. 2(XW, AMERICAN NATIONAL SURETY ASSURANCE COMPANY OAK BROOK, ILLINOIS Bond No.. 0 15260 POWER OF ATTORNEY Know all men by these Presents, the American National Surety Assurance Company, having its principal office in the city of Oak Brook, County of DuPage, State of Illinois, does hereby make, constitute and appoint Brian Scott Gerhard true and lawful Attorney-in-Fact to make,execute, sign, seal and deliver for and on its behalf as surety and as its act and deed (without power of redelegation) any and all bonds and undertakings and other writings obligatory in the nature thereof(except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) provided the amount of no one bond or undertaking exceeds Eight Million Five Hundred Thousand Dollars ($8,500,000.00). The execution of such bonds and undertakings shall be as binding upon said American National Surety Assurance Company,as fully and to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers and its Principal Office in Oak Brook, Illinois. This Power of Attorney is granted under and by authority of the following resolution adopted by the Directors of the American National Surety Assurance Company on the 3rd day of June, 1993. 'Resolved, that the President or any Vice-President, in conjunction with the Secretary or any Assistant Secretary, be and they are hereby authorized and empowered to appoint Attomey-in-Fact of the Company, in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizes,contracts of indemnity and all other uniting obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writing so executed by such Attorney-in-Fact shall be binding upon the company as if they had been duly acknowledged by the regularly elected officers of the Company in their own proper persons. 'Now Therefore,the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney by a facsimile, and any such Power of Attorney bearing such facsimile signatures or seal shall be valid and binding upon the Company." In Witness Whereof,the American National Surety Assurance Company has caused these presents to be signed by its Authorized Officers,this 7th day of February 19 94 . AMERICAN NATIONAL SURETY ------7 ASSURANZI A ll I A.4 At 5pEr. Secretary s33 `�'; President STA OF ILLINOIS e CO17NTY OF DUPAGE SS: On this nth day of�Qbr„ T 19 q before me, a Notary Public in and for the State of Illinois, personally came and to me known, who acknowledged execution of the preceding instrument and being by duly sworn, do depose and say, that they are President and Secretary respectively of American National Surety Assurance Company; and that the seal affixed to said instrument is the corporate seal of American National Surety Assurance Company; and that the said corporate seal is affixed and their signatures subscribed to said instrument of authority and order of the Board of Directors of said Corporation. In Testimony Whereof, I have hereunto set my hand at Oak Brook,Illinois, day and year first above written. 'J^`993 1 Linda lVarner Notary Public STATE OF IILINOIS COUNTY OF DUPAGE SS: Jessica Leonetti Assistant Secretary of the American National Surety Assurance Company do hereby certify that the foregoing is a true and correct copy of a Power of Attorney, executed by said American National Surety Assurance Company which is still in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the said Company at C 'cago, Illinois, this 7th day of February 19 94 Assistant Secretary REQUEST FOR CITY COUNCIL ACTION Date December 20, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator , , Prepared by: Barbara Kaiser, Deputy City Administrator APPROVED BY CITY COUNCIL gXLouis F. Sandoval, Director of Public Works Subject: /A - .2- C 19 9.Y AMBERLEAF PARK; CC,899 �- Consistent with Council Policy? Pq Yes [ ] New Policy or Excep Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: ��� STATEMENT OF ISSi1E: Bids for the Amberleaf Park were received and opened on November 23, 1993. RECOMMENDED ACTION: 1. Approve the low bid submitted by Tehachapi Landscape; and 2. Approve an amendment to the current year budget by appropriating $13,000 for the renovation of Amberleaf Park from the Community Development Block Grant 93/94 Contingency Account; and 3. Authorize the Director of Public Works to expend $41,095 to cover contract costs of $36,450, anticipated construction Change Orders of $3,645, and supplemental expenditures of $1,000. ANALYSIS: On November 1, 1993, Council approved the plans and specifications for the construction of the Amberleaf Park and authorized the Director of Public Works to solicit bids for construction. Bids, as summarized below, were received and opened on November 23, 1993: Base Bid Contractor Blued Alt. No. 1 P1u-s-Alt. No 1 1. Tehachapi Landscape $31,550.00 $4,900.00 $36,450.00 2. D. J. Construction 29,287.50 9,760.00 39,047.50 3. BoPark Enterprises 42,025.50 14,500.00 56,525.50 4. Wakeham Baker 47,474.00 14,141.00 61,615.00 P10 5185 RCA: CC-899 December 20, 1993 Page two FUNDINQ SOURCE: Contract Amount $36,450 *Project Change Orders 3,645 **Project Supplementals L456 TOTAL $41,551 * Standard 10% administrative Change Order limit (not to exceed $50,000) per City Council Resolution Number 4896. Examples of possible Change Orders include changes in field conditions, unavailable materials, errors in the Plans, and changed City requirements. ** Examples of Supplementals include soil testing, City services, etc. The Architect's estimate is $27,599. Funding of $28,551- is available in Fiscal Account Number E-HM-ED-876-3-90-00 for these improvements. Based upon the bids received November 23, 1993, the total project cost will be $41,551. It is necessary to appropriate $13,000 from the Community Development Block Grant 93/94 Contingency Account to Fiscal Account Number E-HM-ED-876-3-9-00 to complete the project. ALTERNA—MM ACTION• 1. Deny award of contract to Tehachapi Landscape and select one of the other bidders. 2. Reject all bids and forego the construction of these improvements. ATTAC 'None MTU:LFS:RMH:gd . 3488g/8&9 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TEHACHAPI LANDSCAPE COMPANY FOR THE CONSTRUCTION OF AMBERLEAF PARK TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17, WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19, WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28, .CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 6/agreettehacht/O1/11/94 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TEHACHAPI LANDSCAPE COMPANY FOR THE CONSTRUCTION OF AMBERLEAF PARK THIS AGREEMENT, made and entered into this 16th day of February , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and TEHACHAPI LANDSCAPE COMPANY, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of Amberleaf Park, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE; in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK;_ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 1 61agreeltehachl01111194 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. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works- Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of-the California Joint Cooperative Committee; 2- 6lagreeltehach101109194 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said.discrepancy shall not be adjusted by CONTRACTOR, save only at its own.risk and expense. Should there be any conflict between the terms of this Agreement'and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Thirty Six Thousand Four Hundred Fifty Dollars ($36,450), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred thirty-five (135) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 6lagreeltehach/01111194 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with-the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the,PROJECT, in.a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions.of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall.submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 6lagreettehach101109194 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in.commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the . amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 5 6/agreeltehach/01/09/94 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. 1. 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 6 Blagreettehach/01109/94 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the ' cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and sald extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 6lagreeRehachl01 109/94 1 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 6lagreeltehachl01 I09I94 made on demands drawn in the manner required by law; each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 9 6/agreettehach/01/09/94 those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 6/agreeRehach101109/94 Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the'original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this 11 6lagreellehach/01109194 Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement.upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23, DISPOSITION OF 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. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials 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 12 61agreellehach101109194 CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such partY- 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 6lagreeltehachl01/09l94 31. ENTIRETY The foregoing, and Exhibit"A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. TEHACHAPI LANDSCAPE COMPANY: CITY OF HUNTINGTON BEACH, A By: municipal corporation of the State of George 9arter, Owner California ATT T: Mayor City Clerk APPROVED AS TO FORM: REVIEWED AND APPROVED: City Attor ey 14.1;zzS City Administrator 114 TIATED AND O D: Director o Public Works 14 ftgreeltehach/01109/94 02/14/94 14:21 '&3225629 PRINCE ENT. G." ISSUE02 DAIF IM -04-94 IN THIS CERTIFICAIE IS ISSUED AS A MATTER OF INF011MATION ONLY AND CONFERS NO FlIGHIS UPON. THE CERTIFICATE MOLDER. THIS CErlflnCATE mince Insurance Agency DOES NOT AMEND, EXTEND On ALTEF1 TIIE COVVIAGE AFFOnDEO BY 111E Fq'; 1525 10th Street POLICIES BELOW. Bakersfield, Ca. 93304 COMPANIES AFFORDING COVERAGE CDMPA"y A Scottsdale Insurance Company c'omr'ANY B Insuflizu LEIiEfl P Tehachapi Landscape Company LEI rOM I ErlAN Y C 18801 Adalante Tehachapi, Ca. 93561 COMPANY LEFIE11 COMPANY LETIEfI w -_1N-Z"K---7 11115 13 TO CEIITIFY Ti IAT TI-Ir% POLICIES Or' INSUIIANCE LISTED 017LOW I IAVF_ SEEN ISSUED 70 111E 114SUnF[7 NAMED AI)OVE FOR'll IS POLICY vrr-moo ;INDICATED,NOIVVITI ISIAND[NG ANY nEQUIIIIEMENT,TEnM OR COND!11014 OF ANY CONmAcT on OTI IER DOCUMENT WI-11 I nF-SPECT TO Mai THIS Cr-nTjF1CATC- MAY DE ISSUED 011 MAY PEMIARI, 11 IS: jNSURANCF AFFonocm BY TIIE POIACIES DESCPIDED I IEREIN IS SUBJECT TO ALL THE TEnMS, EXCLUSIONS AND CONDII ENS OF SUCH POLICIES, !LIMITS 51 IOWN MAY I(AV5 SEEN 11FIDUCED DY PAID CLAIMS. GO TYPE opirisunANCE PC)UCY NU MOEII POIJUYEFFECT5VE PDLj0YEX.PsJIA7tDH LIMITS Lln UA IF (MW4)0/YY) DATE(MMiOUNY? CENEIIALL)AE11101Y aEN1t1AL AnanEaAIE 1 2,000,000. CQVMEnCIAL GENERAL LIABILITY PnODUCIS COMPIOP AGO, 3 1,000,000. CLAIMS MADEF V7 OWL111 I Pending 02-04-94 02-04-95 LEnSONAL 16 ADV.1NJUnY 3 1000,000. OWNERS & CGtfffIAQIon's mai EAcIi occunrimcg 3 110001.000. FIK DAMAGE (Any one 11fol S MED.EXPENSE(Any ono Person S A00MODILE LIADIUTY CC-MUINEII SINGLE S ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCUEDULF0 AUTOS (Pot person) $ 1111ED AUTOS BODILY INJURY NON-OWNED AUTOS jPni"donq GJ1rIA0E 1.11111111TY ?c PFIOPEnTY DAMAGE S ExCI EACH OCCURIIENCP 8 0R11 - wJ1 AGGFIEGATEE S DTII(-:fl THAN UrARnE11A 1.11. TTJ WORKEn's commisvion A-.'V ttorney' EACH A='JENT AND e sylItti D155ASE-POLICY LIFAT I EMPLOYERS' LJADIUTY DISEASE_EACH EMPLOYEE 13 VESCrUP11ONOF 0111511ATIONS.'LOCATIO14SNE1 IjCLE WSPECIAL"EMS Additional Insured; City of Funtington Beach, its officers and employees, 2000 main Street, Huntington Beach, California 92648 W. 777 MITIVICAT9 -7. L SHOULD ANY OF 111E A13OVE OCSCRIDW POLICIES 13E CANCELLED BErO11E TN[ IQ City of Hwntingtcn Beach EXPIRATION DAME llir=nFop, TiiE IISSW40 COMPANY WILL' 11ONEW 2000 Main Street FAIL -JUL DAYS V4VIII7EN NWICIS TO ItIG CFPjjr1CAjF_ 1101.1)En NAMED 10 11IC- Huntington Beach, California 92648 A 0 1110141 ZE 1)11 EP I I ErFk!!ftT1Vr i- STATE P.O. BOX 807,SAN FRANCISCO,CA 94101-0807 COMPENSATION IN S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE FEBRUARY 10, 1994 POLICY NUMBER: 1366292-94 CERTIFICATE EXPIRES: 2-1-95 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 CON LIC 0479143 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. _ This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance 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. X. VO" PRESIDENT APPROVED AS TO POP1id;f GAIL HCTTON CIT T" idF;Y By: Denzrky Cf;7 A-tor-cr EMPLOYER I- STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS ANC CARTER, GEORGE RMD012H HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE DBA: TEHACHAPI[ LANDSCAPE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY 18801 ADAI.AIM TEHACHAPI, CA 93561 L SCIF 10262(REV.10-86) OLD 262A �""'INEER' S ESTIMATE : $ 34,500 pRp�r ENGINEER Randy Fiuttenberger t JOB AND -CC -NUMBER: , CC- 822 - ge •OVafiion - Amberleaf Park at Main and Delaware BIDDERS NAME RANK TOTAL BID AMOUNT Belaire - West Landscape ozS� S� BcPark Enterprises 3 D._J. Construction I ;ZQ , Golden Bear xalban, Inc. Lambaren Contractors Xarina Contractors Nashat Design S and M Landscape, Inc. Tehachepi Landscape Co. 3 1 akehan Baker L $ 4 14 L I Qo _ Bid onds R " e ed- by• Treasurer ' s ffice 1 Date ` i D A-J ' November 23 1993 ENGINEER' S ESTIMATE : $ 34,500 - pROJECr &NGIDIEER Randy Huttenberger JOB AND CC NUMBER: ! CC- 899 - Renovation '- Amberleaf Park at Main and Delaware BIDDERS NAME RANT TOTAL BID AMOUNT. Belaire - West Landscape o BoBark Enterprises 3 D. J. Construction � $ �a, Z3 7 , �Q Golden Bear Kalban, Inc. Lambaren Contractors Marina Contractors Nashat Design S and M Landscape, Inc. Tehachepi Landscape Co. _ �- is 1 , 5�5 �. bc) Wakeham Baker p o RECC►V£D CITY C' 'RNI Nov D 2 ai Pli '53 i 3 wrn 1 QEATE A El LE (35 characters grid) Lo 5 CL AT - - -- -- � - - - - - - _ - - - - - -- - - - - _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - AFTER FILE FOLDER IS COMPLETED, CHECK MERE: & RETURN THIS FORM TO EVELYN! 0895I f REQUEST FOR- CITY COUNCIL ACTIONy�' November 1, 1993 Date Honorable Mayor and City Council Submitted to: Michae]'T. Uberuaga, City Administra Submitted by: Louis F. Sandoval, Director of Public Works . Prepared by: Barbara Kaiser, Deputy City Administrator---- Subject: AMBERLEAF PARK; CC -999 APPROVED BY CITY COUNCIL Consistent with Council Policy? I I Yes I j New Policy or Excep i crrx Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT-OF ISSUE: Plans and Specifications for the construction-of Amberleaf Park are complete. RECOMMENDED ACTION: 1. Approve the Plans and Specifications and-authorize the Director of Public Works to solicit construction bids. 2. Approve.,the attached Sample Contract, subject to award.of Contract to' Council approved lowest responsible Bidder. ANALYSIS: . The landscape architectural firm of Purkiss-Rose, RSI, has completed the Plans and Specifications for the construction of Amberleaf Park (see Location Map). The existing park site has deteriorated due to over use and is therefore in need of refurbishment. The park has been re- designed to be more maintenance free andstill functional. The .project includes removing existing turf. and replacing it with new concrete paving, galvanized- railing, a concrete wall, modifying the existing play equipment, installing play-safe surfacing material to meet ADA requirements, modifying the ,irrigation system, and installing new trees and plant material. A .bid alternate of sawcutting the existing block wall on the westerly property line and installing tubular steel fencing will allow for Police-surveillance.- Staff of the Community Development Department has determined that the environmental impact of this project is categorically exempt_.(see attached); therefore, the City- can proceed to construct improvements as shown on the Plans. The Directors of Ecomomic Development •and Public Works recommend approval of the Plans and Specifications, the Sample Construction Contract, and hereby request Council authorization to solicit bids for construction. FUNDING SOURCE: The landscape architect's estimate 'for the construction "of these improvements is $27,599.00. Funding of $28,773 is budgeted in fiscal account number E—HM—ED-876-3-90-00 for these improvements. Pl O 5/85 t RCA: Amberleaf Park;�CC-899 November 1, 1993 Page two ALTERN T Deny approval of Plans and Specifications and forego the construction of these improvements. ATTACID ENTS- 1. Sample City Funded Construction Contract 2. Project Location Map 3. Categorical Exemption MTU:LFS:RH:gd 3477g/1&2. ar CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: _ Am-aE-r,LE E J' DEPARTMENT OF PUBLIC WORKS F- BIDS OPENED_ uoi _ 19� ENGINEERS ESTIMATE_ �Q C.C.N° AHFP No Fe��i1vG)O'.6[a[ts C�XjS i. i EN c H�� , Bop 2 K Lt)�4 r��rvl BIDDERS L-A-,uL�sc APC- 6"TVe6r�e -RAKer No ITEMS OF WORT{ QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT M Q I L I i`Z o� L S yOO.00 Oa• coo 4000.oa 4,000 .00 &000.vv (o )000'oCj Z 17cMC�L �-ia � LS 3250.c3o ZSO. 00 2540. 0 oo --moo-00 5. �;-00,0041zCou 1 3 414 a(�rJG COrr � 2 1142- S 2 .Z5 Z IS&g.SD 3:oo 3 4Z.(. .00 2.-75 3. ! b . S`.a 5 -7 (o . Oc 14 NIc-,O PouPe-b WALc_ LF )2 . 0c, S28 •o 4�.�n 2-010 .00 0. co 3r . o 2 i39 , CC 5 2- " bI A . 6ALU, 11-tE7-AL RAI LIA6 2j L-F <}s . v t 1 z IS. o0 4Z..00 ! 1 34 .ov 55.00 r 4%S-oo sB-.oc I 67, Co LP LdCl< I iUG; jQE-E Ci RA i C- I E-A i-eoo.ae I Koo - 00 z000.00 Z 000-00 3500.00 3 Sao. ov Z7cio. Z 7vv.v� \iC. 0PIN /13 -p i PF 60 LF= 3.50 '2- I0_o0 .00 3 GO, 00 io.0o 0C-).00 ro.. cc) vo.c�o 3 r' QL� C�4izoM ;e7 GpA-(E 50. cc) 15-0 - 001 50.00 6z.00 As-6 , 00 ;oo.vo 300 . ao PLAN S5AP- s-uR ACL 40 Soo 5F 2- 1 .35 i� 4os.6o ►5 .oc 5-60. a0 i et.2s s -7-75, xa z5.�0 7 sz�o.oc, Yo pob- OF 0 L .4Y emu( p' ( LS 14-+3 0.00 4 430.00 3700-CO boa. ov 55ro.00 5 . 5 I U . 00 sL ob, oc 5 (oOo.GC) l `r7�C r20GT aAP-P- I f Cr� I SO.ov To. 00 too.00 loo . c20 7S-. 7S`. co 2Sd.ao Ls� v� IZ 4s Z ao 1 20o 0013oD.cxo r 3ov . L vo , Sao- 4 goo. v� pf !- lam -TZ t-:- l0 ( Sl C-A 5oa. Po ( � Ovo, Vo � o.vo ?Do . vv �vo.00 j Zv0. UU �C,a.oc� I SaO. D�, ACOAL r�� �7� �5 65 EA i � . o� j v�v: oo ,z.v� 78�.0J boo v�o.v� z{ , � 3 �s.c; . ltr) (I}K2 � C- i r 0J S`� � r-S Z4c�o ��� Z �cpU. oo L�oa� oc� Z�?ov. c,o ;�oo.oJ Saa.va vnc�.�� S 000. UC. bA 41 Aj I LrS i $OU. uU j JG Uu SUJ.JU .i U 0 L -k) I S00.00 i�oo. coj .�0, UCJ TOTALS , 2-$-7 . -3f ySC) . .2�G.25 .50 4 -7 ,4-14 , 00 _ - CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: �� �C��� �'� ��I� �J DEPARTMENT OF PUBEICWORKS' BIDS OPENED Nd�� a3--ig'J ENGINEERS ESTIMATE._ �sm� C.C.N0 r AHFP Na H4\SI�G1p`.6E;CH DZY Co JS i 3o-A.2.K fc)�kKE7f��•( BIDDERS L-,&NoscAFIF @AX6le Na ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT AL-) l4 W 5 CuiT- !J6 LS 4(0-12. 0 �4, 72.0� r-7ao.00 1 700:00 sa S0000 oo.o0 , o. 400,0.00 oou.00 1 -rUE!>ULA2 S"r—E'fL 3'8Sg.cc 3,8b1 .06 Z-zou.o -2 , Z00 ,00 Soot) oc S 000-00go4l .00 D�jI�OG g LS ) Zoo. 1 , 200.00 r00OrOO ( QOU . 0U15DO. 00 zloa.00 Z 1 co,ou LT�12�U "T' —lz L 9 ,-76,c).00 4)<100 .00 14y )41 ,o0 1'O7Ac- i3lD c,� ��. To�A�s 3` ) 04-7 S-- � 3 � , �sG. v0 PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange NOTICE I am a Citizen of the United States and a `Nutiee_ia"hereliyrgtvan thaf-sealed bids isri be ram' resident of the County aforesaid; I am ceiv`ed'by lheµCity`olHun r tingtori Beach a oa ofllce Of the'.City.;Clerk et.City over the age of eighteen years, and not a H811;;.2000` Maui 'Street, Huntington Beach CaIfor- party to or interested in the below nla,:-ur19t1 the'-hdur°of`2:00 twhlch entitled matter. I am a principal clerk of timeM. om„y will time�tFiey vvlll be opened the HUNTINCTON BEACH INDEPENDENT, a lPubli Council., aloud In r the-Council-Chambers-for J the3RENOVATIONOF AM-- newspaper of general circulation printed IBERLEAF.'FARIK,1�'tho Ciof Hdntfach_ 'A`�eet o-pl hi „' speaiflca- and published in the City of Huntington tions;..and'otlier t:ontract documents may:;6a -0b- Beach County of Orange State of tained-0-1113;1993'af the J r Doper t aie tr1�of"Pubtic and that attached Notice is a wotinglooao ach, `sheer, California, Huntington Beach, Cantor- true and complete copy as was printed nla,upo efeeof$ a non- true lee of,53p.00:E°- Each bid:-shall twd`made and published in the Huntington Beach on-the Pr'oposal;Form'and in tlie,manner provided In and Fountain Valley issues of said th0 contract documents, and shall to iatxompank newspaper to wit the issue(s) of: by a dr.al iddlS dash of check or:a 61d bond for not N less''tKari7-�'10%!T1dt. the amount of.;tho bid;'made payable,so�tge CI of burs- tinoon"Beach.- COn- trectorrshall,."I- _'the per_ forrnanoe{of the`ivork andl Improvements"' conform to November 11, 18, 1993 the. Labor 'code. _of' el state of Carfrom(a anth ds other laws of the`State of, California applicable thereto;-wfth the'exception only of-auch.varlatlons that. may be'requlred under-thol apecW statutes I declare, under penalty o perjury, that which proceeding hbroun-1 the forecoin is true and correct, der:are taken and whichl 7 g have riot,been superseded) by the provisions-of the I Labor Coda. Preference to Iabdr-shalf be'given only In the. manner_`'provided,-by Executed on November 18 199�_ law-".:``. No'bid shalflbe-=consld-� at Costa Mesa California. ereduniesalthsmade�ona v torm`furnished_by the City Of Hurtington'Beach'hnd is; made.in accordance 'with the.;provialoris of the pro,j P65W equirements, '-- Each bidder.`musf bw II- densed�and'also ylaw:=prequtell= fied'i3s requlrad:b ' fThe.City,,Council-of..,Oo r City..of %Huntington Beach reserves_the right to reject any or all bids.- . Signature By order of the_City Couri�, 0:ol tha Clty-oV untingfan. Beach„Ca1993:lifornia the; st`of Nov.. " onrsla ockway,. Clty Clork'of the_City of Huntimgfor Beach` ':L :f 1Fufilisfied,;Hunttr+gton Beacti-Fountatn;Valley-ln= dependent Navemher 10 112th43f- NOTICE INVITING BIDS CC-�Lm 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, 2009 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on 123 at which time they- will be openA publicly and read aloud in the ' Council Chambers for the -Fr ML' ►F (r-K in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on r I13 ._12g3 at the Department of Public Works, 2000 sMain Street, . Huntington Beach, California, upon receipt of a non-refundable fee of . 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 of -1 00. . 1293 -Cowrie BTOCkARY City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF AMBERLEAF PARK- CC-899 1 SAMPLE 6%Agree.1 0115193 Table of Contents 1 Statement of Work; Acceptance of Risk.....................................................................1 2 Acceptance of Conditions of Work; Plans and Specifications ..................................2 3 Compensation ............................................................................................................3 4 Commencement of Project.........................................................................................4 5 Time of the Essence...................................................................................................4 6 Changes......................................................................................................................4 7 Notice to Proceed.......................................................................................................5 8 Bonds..........................................................................................................................5 9 Warranties..................................................................................................................5 10 Independent Contractor............................................................................................6 11 Liquidated Damages/Delays....................................................................................6 1�2 Differing Site Conditions..........................................................................................7 13 Variations in Estimated Quantities ..........................................................................8 14 Progress Payments...................................................................................................9 15 Withheld Contract Funds, Substitution of Securities...............................................9 16 Affidavits of Satisfaction of Claims ........................................................................10 17 Waiver of Claims....................................................................................I................10 18 Indemnification, Defense, Hold Harmless...............................................................10 19 Workers' Compensation Insurance ..........................................................................11 20 Insurance..................................................................................................................11 21 Certificates of Insurance; Additional Insured Endorsement....................................12 22 Default and Termination..........................................................................................13 23 Disposition of Plans, Estimates and Other Documents ...........................................13 24 Non-Assign ability...................................................................................................13 25 City Employees and Officials..................................................................................13 26 Stop Notices; Recovery of Administrative Costs ....................................................13 27 Immigration..............................................................................................................14 28 Notices.....................................................................................................................14 29 Captions...................:.................................. ....... ....... ....... ......... ..... ...... ....... ........... ..14 30 Legal Services Subcontracting Prohibited...............................................................14 31 Entirety....................................................................................... . ..........................15 SAMPLE AAgree.Gl a ssaryl I Oil 5193 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF AMBERLEAF PARK - CC-899 THIS AGREEMENT is made and entered into on this day of , 19_, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to a "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 Amberleaf Park, CC-899, 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 OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not 1 SAMPLE 6\Agree.\10/15/93 CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description 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. "Contract Documents" as defined herein mean and include: A. This Agreement; 2 SAMPLE 4%Agmc.G1ossary4l&?V93 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 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 3 SAMPLE 45Ap•cc.Glossa y11 011 5/9 3 ($ ), as set forth in the Contract Documents, to be paid as provided in-this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten(10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred thirty-five (1.3 5) 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 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 4 SAMPLE 6%AgreeA10115193 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 now 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 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 performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) 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(100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or S SAMPLE 4\Agec.Glassary11 Oil 5193 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 ' Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which 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 b SAMPLE CAgme.Glossmy,I Oil 5193 beyond the contrbl and without the fault of 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 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, 7 SAMPLE AAgree.Glosm y110115/93 (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) lime 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. 8 SAMPLE 41A Ve e.Gl o s s ary 1 1 0/1 5143 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. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement. 9 SAMPLE 4"Agree-Glossary 10.1S:'93 1 b. 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 Iabor 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 certificates shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 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. 10 SAMPLE 4`,ASr=G1ossary%1G;1 5i93 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 and 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 ($i 00,000)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. 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 ' 11 SAMPLE 41Agree.GlassaryU Oil 5/93 during the life of this Agreement, in an amount of not 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 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 canceled 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 herein above 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 12 SAMPLE AA grog G 1 ossary•110/1 5J93 provision of this Agreement or the Contract Documents, 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 becomes sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign,transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its 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 13 SAMPLE 4\Agree.Glossary\10/15/93 stop notices. '-CITY may'set off any unreimbursed cost or expense so incurred against any sum or , sums owed.by CITY to CONTRACTOR undeithis 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 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 Ply. 29. CAPTIONS 1 Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this.Agreement. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 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. 14 SAMPLE 4':Agree.G1ossar)A 0r15?93 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 By: (Signature) Mayor ATTEST: Name (type or print) City Clerk Title (type or print) APPROVED AS TO FORM: By: City Attorney G V h (Signature) /o-is-73 Name (type or print) Title (type or print) REVIEWED AND APPROVED: INITIATED AND APPROVED: 'elryy Administrato Director of 15 SAMPLE AlA gre e.G lossary11 011 519 3 1 / r N W x d QO 1 BOLSA AVE Y p ARGOSY 0 n ; MC FA DEN AVE r } t � m EDING AVECENTER DRIVE \ U V HEIL AV m f- 2 WARNER y AVE 7t ... •sal dc SLATER AVE co /O AYE TALBERT AVE � _ I 14 `' O V _-. 10i� � ��- 8 ` GARFILED AVE # 1<4f YORK OWN AVE In ADAMJ AVE r er _ ¢ w 0 ui leN A LI AVE N ui a 2 d 1 Om ATL NTA O AVE¢ _ _ t `� O O Ly cn CITY OF HA AVE z y �:. BANNING AVE HUNTI NGTON ' 15EACH NOTICE OF EXEMPTION To: From: ❑ Office of Planning and Research City of Huntington Beach 1400 Tenth Street,Doom 121 Planning Department Sacramento,CA 95814 2000 Main Street Huntington Beach,CA 92648 E Orange County Clerk's Office Public Services Division 211 W. Santa Ana Blvd.,2nd FI. Santa Aria,CA 92702 Project Title: AMBERLEAF-PARK IMPROVEMENTS Project Location-Specific: Project Location-City:HUNTINGTON BEACH Project Location-County:OR NG Project Description: - AND UPGRADE QE Public Agency Approving Project: Huntington Beach City Council Person or Agency Carrying Out Project:won Noble. Public Works Dept, Exempt Status: ❑ Ministerial (Sec. 11080(b)(1); 152868); ❑. Declared Emergency(Sec. 11080(b)(3); 15269(a)); ❑ Emergency Project(Sec. 11080(b)(4); 15169(b)(c)); 0 Categorical Exemption (Class 1, Section 15201); ❑ Statutory Exemption (Code Number_____). - Reasons why project is exempt: The prQject ciansistsQf,landsggpe vem� ksuch its,in,atallatipn of an irrigation system) an ,Upgrades,to existing 121uground areas to siornp]v with ADA-standards. No'expansion or intensification of nark facilities is proposed". Lead Agency Contact Person:, Julie Osugi.- Assistant Planj]er Telephone: 536-5274 If filed by applicant: - 1. .Attach cc rt i fied-document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature:_< �_� Title;_Assistant Planner Date: _. M Signed by L �Agenc�y ✓ 0 Signed by Applicant 1 SECTION C '* PROPOSAL for the AMBERLEAF PARK RENOVATION CASH CONTRACT No. 899 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 135 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall C-1 WD SET r . y 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 H)b BWjh in.the amount of $ 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: /\/O,v lze f—r VEb Addenda No : Date Received .:Bidder's Signature C-2 PROJECT BID SCHEDULE ...... ..................... ............. W'm::: timat6d- 1 ... : ............. ............ .....Rein with uiut price - Uaut.Pecs Extended.... ..... .. .... ..... :.Nmenln ............ :-NO- Aidduilt w ....... ..... . . ... ........ .. ........... ....... I I L.S. obilizatio 72=; Dollars $ Cents 2. 1 L.S. Demolition(includes expo $011) @ rlt"*�Dollars ,Yob lizaliq $ $c Lo Cents 3. 1142 S.F. 4" Thick conc. with integral color � -GP Dollars Cents 4. 69 L.F. 14" High poured in place wall Dollars Cents 5. 27 L.F. 2" Dia. galvanized metal railing Dollars Cents 6. 1 E.A. Locking tree grate ith frame 0 grate 0 — Dollars Cents 7. 60 L.F. 3" P.V.C. drain pipe (sch. 40) @ —V Dollars Cents $ $ 3401 C-Is ... . ............... . .....hem Estimated Itemwith unit .................. Unit Pnce Extended No:. :Quantity: written.1111YOr.V. .... ................Amount ............. .......... 8. 3 E.A. 3" Round chrome grate with cone. collar Dollars Cents 9. 300 S.F. Play safe surface with base `r 7-JF Dollars Cents 10. 1 L.S. Modification of ex. play equipment Dollars $ $ Cents IF 11. '1 E.A. Tree root barrier -�,I- } .44L Dollars so—,-- $ A90 Cents 12. 1 E.A. 48" box (standard) Dollars Cents 13. 2 E.A. Palm tree: 10' Brown trunk Dollars $ $ 700J Cents 14. 65 E.A. 5 gal. dieties -- Dollars $ Cents C-2s Itzm s41m"ated,i�, .1 Item with Unit Pace' No .i Quantity Pun 15. 1 L.S. Irrigation systeM Dollars $ ,2700 rents 16, 1 L.S. 90 day maintenance @ Dollar's Cents TOTAL AMOUNT BID IN FIGURES: $ TOTAL AMOUNT BID IN WORDS' % L'a, ADDITIVE ALTERNATIVES e7 A-17 I L.S. Demolition - saw cutting of westside bl ck wall z Cc I $@ ollars 4700.0- rents A-18 I L.S. Tubular steel fencing at w tside bloc wall Dollars ents A-19 1 L.S. Block wall repair for westside wall including new cap 54J Dollars $ Cents C-3s TOTAL AMOUNT ADDITIVE ALTERNATES $ IN FIGURES: TOTAL AMOUNT ADDITIVE ALTERNATES IN WORDS: J2� TOTAL BID AMOUNT IN FIGURES: Ls TOTAL BID AM PUNT IN WORDS: Ile !- / C-4s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4144, 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. ' PortionV'ame of Subcontracfnr and Address State License: Class of Work Nuriiber r4 U IL1 Ast- Lkd YO 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-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID i State of California ss. County of OXXXX Kern be'ng f st duly sworn, deposes and says that he or she is ©wAJ rM- of:T � Cq the party 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. Name of Bidder Aig.natufeIBiffe'ri? Yew) Address of Bidder Subscribed and sworn to before me this 23rd day of November 1t NOTARY PUBLIC Mar J ne . i hots NOTARY SEAL C-4 MAPY JANE MCro1_s ,.fir CUV.M.., 1CZ1671 Nei COUNTY F..y Co- r.E-;D�.-res AUG 19.197 i' U'I'I MY AGREEMENT i HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: i The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as AMBERLEAF PARK, (I)(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: E "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. C 6Y4` Contractor By Ti Me Date: rl 9 C-5 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 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-6 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. Contracto Gd. By Title Date: � 3 � C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two worldng days before scheduled excavation. Dig Alen Identification Number. Contractor By Title Date: Note: This farm is required for every Dig Alert Ident&ation Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S MORMAMN BIDDER certifies that the following information is true and correct: Ti cTer Name usiness A,press. r9,9s Telephone Number z7 Mate Contra tors License No'and Class ngin at Issued Expirati Date The work site was inspected by of our office on 111213 , 199-J.T The following are persons, firms, and corporations having a principal interest in this proposal: 62 21 C-9 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. GgoXe "e- Compan e Signature of'Tiddeiv Printed o Typed Signature , Address of Bidder Telephone Number Subscribed and sworn to before me this day of 1 KS;�e, 9 1S' �5� C � NOTARY PUBLIC` ;�� NOTARY SEAL 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. Name and Address Name and Telephone No. of Project Manager:, ._ Contract Amount Type of Work Date Completed 2. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Comp et 3. Name and Address Name and Telephone No. of Project Manager: -- Contract Amount Type of Workate Completed C-10 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document U1 a Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we mrre mirri lull name and address n' feFal lilfr of Convac%(ri Tehachapi Landscape Company, 18801 Adalante, Tehachapi , CA 93561 as Principal, hereinafter called the Principal, and TAFT, MARCS & LNERY c/o Tully insurance {Here insert full name and adirets Or tFal Wir of Surer)' 903 Slack Diamond Way, Lodi , CA 95240 a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound'unio {litre insert full name and addicts or ieFar mfr of Owner! as Obligee, hereinafter called the Obligee, in the sum'of Dollars for the payment of -which sum well ano truly to be made, tree 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 {H ere/'rsr�rl full n.raC.af]UreSs and dC'(6p1'On nl 13r;+iC[ri �f!/���41�,Q'`�'�/•y z� I t�•,��'V.�-�(i••"VVJJI . Q 7AJ h01}', THEREFORE, it the Obligee shall accept the bid of the Principal and the Principal shaft enter into a Contract with the Obligee in accordance kith the terms of such bid,and give such bond or bonds as rna)• be specified in the bidding or Contract Documents with good and sufficient surety for the taithful pefformanre of such Contract and (or the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the pena!iy hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faits) contract w;1h ano.her part.• to perform the Work covered b1' said bid, then this obligation shall be null and void, otherwise to remain in full iorce and effect. Signed and seated this 23 daL, 1 19 11 7te( AC (Principal) (Stall (Title) TAETa MARCS Fr 1.01JER1 - - - - - - - - L�- (Suret)') (Seal) (Witness) IT a J Y AIA DOCUMENT A310• BID BOND•AIA 0• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 N.Y. AVE.. N.W., WASHINGTON, D.C. 2DO06 � TAFI', MARCS & LOWERY POWER OF ATTORNEY KNOW BY ALL MEN BY THESE PRESENTS: That Taft, Mares & Lowery, with its offices at 903 Black Diamond Way, Lodi, Califbmia 95240, does bexeby constitute and appoint SAM IRVI NG as its urns and lawful Attorney-in-Fad, to make, execute, seal and deliver for, and on its behalf as surety, aay and all bonds, undertakings or other writings obligatory in the nature of a bond as follows: Any stub obligation for any amount. 7b is appointment is made under and by the authority of a resolution which was passed b the Executive Committee of the Board of Dirwtors of Taft, Mates 8t Lowery. Resolved, that the signature of the Attorney-in-Fact, and the seal of the Company may be affixed by facsimile on any power of attorney gmnted. or the signature of the Secretary or Assistant Secretary and the seal of the Company may be aifted by facsimile to any certificate of any such power and any such peel or certificate bearing such facsimile signature and seal sla be valid and binding on the °amPny- IN W FNESS THEREOF, Taft, Mares & Lowery has caused this lwftn=t to be signed by its MANAGING DIRF MR and its Caxporaic Seal to be affixed this l lth Day of October, 1993. -? SEAL BY: Mark Gorman, Managing Director TUM Y Tait, Marcy & Lowery cEoaGe AIA CAFAP Av I^J- !FC4;w eo -T� lo ►, a � �y3s61 Cary o -� A(aAIP•� '3EAcN (mom : ��3EeLr„�iF' C� l�✓r 899 fq 7ft) RECEIVE Q _ CITY CU .r, kECEIVLD -- -. CITY 7' CITY CLERK tI:11. ' jj r tit �. 4 ' k