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HomeMy WebLinkAboutValley Crest Landscape - 1985-06-17ACITY OF HUNTINGTON BEACH (+ INTER -DEPARTMENT COMMUNICATION ra,�rwcsoK u.c^r+ ro ItUlil•mr J. FRANZ, Chief From AtIhilniatrative Services Department Subiect 10% Retention Date �c1 c 1 ( o �--- Vl��1�eS-�� ACCOUNTING & KEGORI)S The conformed copy of the Notice of Completion for the above contract has been filled. The thirty-five day waiting period has elapsed. Payment of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. Dan T. VAlella, Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: Paul Cook, Director Public Works Department I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: D /' Alicia Wentworth, City Clerk I certify that there are no outstanding invoices on file. Warren G. Hall, City Treasurer 11 S 7i RECOI4D NG p.60SESiWD BY WHEN RECORDED MAIL TO: 16 r Gl_ Y OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntineton Beach. Calif. 926AP $6�-2I66I7. � cc-602 RECOADEI) IN OFFICIAL RECOM OF ORANGE COUNTY CALWOOM MC6 -lI so AM MAY Z 7 `�6 NOTICE OF COMPLETION C -Q �!..�,�,(, FCORDE gFCORDER NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Valley Crest Landscape, Inc. Santa Ana, California who was the company thereon for doing the following work to -wit: for the construction of Harriett M. Wieder Parkin the City of Huntington Beach.- Project CC-602 That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 19, 1986 That upon said contract the _ Employers Insurance of WausauA Mutual Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 2 2 n d day of __ M ay 19 86 . STATE OF CALIFORNIA } County of Orange ) ss: City of Huntington Beach } guru M_ WPntWnrth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By: Connie Brockwaif, Deputy I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this — 22 nd day of May , 19 86. This document is solely for the official business of the City of Huiatinpton Beach, as contem- plated under Government Code Sec. 6103 and should be recorded lyres of charge. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, Californi By: y Connie Brockwa r' DECLARATION OF SATISFACTION OF CLAIMS I, Valley Crest Landscape, Inc. , state: Name ot Contractor) 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Harriet Wieder Park and dated July 17th, 1986 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, 3r items in connection with Notices to Withhold, which have been filed under the provisions of the statutes c' the State of California: (if none, state "NONE") NONE I declare under penalty of perjury that the foregoing is true and correct. Executed at Santa Ana, California on this 22th day of September , 19 86 OFFICIAL SEAL MATILDE L IAVEtVANT ROrARY PUBLIC-CAUFORNIA ORANGE COUNTY N!i Comm. Expires Jan. 6.1989 4, C. ri"A , Signature of Contr ctor Thomas C. DonnelIy, Branch Ynager a ws City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CG-602 Harriett M. Wieder Park Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title_ IVW yhon � l �►tl`���fYVV-' Thomas C::Donnelly / Branch Manage WHEN RECORDED MAIL TO: A T 0 R imEwith D 0 Of ��fCr�.. �are�i C�ri�4nsi GiTY OF HUNTINGTON BEACH Qffice of the City Clerk EXEMPT 1,. 0. 13ox I % C6 If inlin►•ion Broch Calif. 92FdF NOTICE OF COMPLETION Ory' RECORDED IN OFFICIAL RECORDS _ OF ORANGE COUNTY CALIFORNIA -11 qo AM MAY Z 7'86 <::a /_i_.._ COUNTY AFC0R0EA NOTICE IS IIERE13Y GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Va_11- Crest Landscape, Inc. 5_a rLt_a_A_n_a_._C A Li.fo.r-nia who was the company thereon for doing the following work to -wit: for the construction of Harriett M. Wieder Park in the City of Huntington Beach - Project CC-602 That said work -was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City -of Huntington Beach at a regular meeting thereof held on Monday, MaZ 19, 1986 That upon said contract the Employers __Insurance of Wausau A Mutual Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 22nd day of May , 1986 STATE OF CALIFORNIA ) County of Orange } ss: City of Huntington Beach } _Alicia M_ W ptworth� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B y . L� Connie Brockway, Deputy I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County'by said City Council. Dated at Huntington Beach, California, this 2ZA_LL day of _ _ May 19-Q-5 . This document is solely for the officiAl business of the City of Huntington Bench. As contem- plated under Govereuaent Code Sec. 6103 and should be recorded free of cbArgs. Aliqia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, Californi By: Connie Brockway r Fes CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH To DON NOBLE From ARTHUR DE LA LOZA Public Works Deputy City Attorney Subject VALLEY CREST LANDSCAPING Date July 7, 1986 "Guarantee" The Harriett M. Weider Park contract requires a bond, not a guarantee from the contractor. Therefore, the attached guarantee is not acceptable. Additionally, a "branch manager" generally has no authority to bind the corporate entity in the absence of an appropriate corporation resolution. ADL:ps `�� b Attachment J� �r+G valley LANDSCAPE / ENGINEERING / CONTRACTORS crest landscape, xne. an equal opportunity empin}ver hY choice 1920 SO. YALE STREET • SANTA ANA, CALIFORNIA 92704 • AREA CODE 714 - 546-7975 nTTARANTRP Contractor hereby guarantees all work performed and material and equipment furnished under the contract documents against defects due to faulty or defective materials or workmanship, or failure of the work to ..conform to the contract documents, as shall appear within a period of one (1) year from the date of final acceptance of the completed work by Owner, or for a long period if so specified elsewhere in the contract documents, provided, however, that if such materials or equipment or portion of the work is found after the final acceptance not to comply with the contract documents. Contractor shall require a similar guarantee in all subcontracts, including the requirement that Owner be reimbursed for any damage or loss to the work or to other work resulting from such defects. Contractor agrees as part of its guarantee under this article to repair or remove or replace as directed by Owner, all work which proved defective during the guarantee period or which fails to conform to the contract documents; to repair, remove, and replace, as directed by Owner, all damaged portions of the work resulting in this paragraph, or failure of the work to conform to the contract documents. All repairs, removals and replacements must be commenced within seven (7) days from the receipt of written notice from owner, and workmen and materials sufficient in the opinion of Owner must be furnished to ensure prompt completion thereof. Should Contractor fail to proceed in accordance with the provisions of this paragraph, Owner without further notice to Contractor may furnish all labor and materials necessary for said repairs, or removals and replacement. PROJECT: Harriett M. Wieder Park LOCATION: Lynn Street and Prairie Drive Huntington Beach, California N 2 n 19�6 AS , SIGNED: Thomas C. Donnelly, Pranch Manager I a DATE OF ACCEPTANCE: CAH-Orllia 0 Colorado a subsidiary of environmental industries inc. l' . 1 .9 r; 2057-82-051751 Wausau Insurance Companies Is A �y� Cs°'Zv del y With Offices at Wausau, Wisconsin GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, That we, VALLEY CREST LANDSCAPE, INC. Any correspondence in relation to this bond should be directed to: Wausau Insurance Companies Surety Underwriting 2000 Westwood Drive Wausau, WI 54401 as Principal. and EMPLOYERS INSURANCE OF WAUSAU A MUTUAL COMPANY A corporation organized under the laws of the State of Wisconsin, and duly authorized to do business in the State of California , as Surety, are held and firmly bound unto CITY OF HUNTINGPON BEACH , as Obligee, in the penal sum of TA1O HUNDRED NINETY—THREE THOUSAND FIVE HUNDRED NINETY AN-D 05/100------------------------------------------ dollars ($ 293,590.05 ) to which payment well and truly to be made we do bind ourselves, our heirs, executors, administrators, successors and assigns jointly and Severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the. CITY OF HUNTINGIbN BEACH dated July 17, 1985 for GENERAL ,SITE DEVELOPMENT AT HARRIETT M. WIEDER PARK - Lynn Street and Praire.Drive, Huntington Beach, California. WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one yearKgl after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the said Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one yearOAX from and after completion and acceptance of said work that this obligation shall be void, otherwise to remain in full force and effect. Signed, sealed and dated this 17th day of July 1 19 86 VALL CREST LANDSCAPE, INC. Pr pa 'X- Thbmas C. Donnelly, Branch MalusAU er � EMPLOYERS INSURANCE OF W ?> MUTUAL CCMPAt4Y Tresia Costello, ( Attorney -in -fact STATE OF CAUFORNIA COUNTY OF Orange •-c ��c�c`c��-cam_ OFFICIAL SEA_ MATILDE L. LAVENANT NOTARY PUBLIC - CAL!' ORNIA " OEANGE COUNT Y MY Conrm_ Expires Jan. 6. 1939 ACKNOWLEDGMENT—Corporation—Wptcotts Form 222CA.X—Rav- 5-82 (05982 WOLCOTTS. INC. Ioncecliss 8.2) On this 2 2 n d day of J Il 1 v , in the year 19-U, before me, the undersigned, a Notary Public in and for said State, personally appeared u r an r_ a manager , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. �MQ :�� -A -��M () or&-., Notarial Acknowledgement --Attorney in Fact STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES Notary Public in and for said State. On this 17th day of July , 19 8F before me, M. J. STANLEY, a Notary Public in and for said Los Angeles County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared TRESIA COSTELLO, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company and acknowledged to me that she subscribed the name of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company thereto as surety, and her own as attorney in fact. INN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the said count of �.. ..Qq�,�„es the day and year in this certificate first above pmmnrnnnrnnnnmmtunnWunuuurnn uumuuanu nurtpnmuu,. written. _ .t y OFFICIAL SEAL M. 1. S1'ANL-EY NOTARY PUWAC•CALWORNIA LOS AHGVLE` COUNTY „ My Commission Expires May 14, 1989 :.....r........... ... ................ Not' blic *LANDSCAPE /ENCINEFRINQ /CONTRACTOR valley crest landscape, inc. a wbSidisry of environmental industries ine. ' an equal opportunity employer by choice 1920 South Yale Street, Santa Ana, California 92704 PHONE: (714) 546-7975 To: City of Huntington Beach Date: March 27, 1986 2000 Main Street Huntington Beach, California 92648 Attention: Don Noble Job Name: HARRIET M. WIEQER PARK VCL Job Number: 13-508 Santa Ana Gentlemen: We are sending you X X herewith under separate cover as follows: No. of Copies Date Description 1 3/27/86 Certificate of I n s u r a n c e Remarks: Very truly yours, VALLEY CREST LANDSCAPE, INC. Tresia Costello, Contract Administrator CC: Contract File, Job File VCL FORM a5d2 (Rev. 6/3/76) CERTIFICATE OF !NSURr►...r, DATE: March 27, 1986 TO: City of Huntington 2000 Main Street Huntington Beach, NAMED INSURED AS SHOWN BELOW: Beach VALLEY CREST LANDSCAPE, INC. A SUBSIDIARY OF ENVIRONMENTAL Cal i forn la 92648 INDUSTRIES, INC. 24121 VENTURA BOULEVARD CALABASAS; CALIFORNIA 91302 J0E OR HARRIET M. WIEDER PARK LOCATION: Lynn Street & Pralre Drive, Huntington Beach, California 13-508 Santa Ana COMPANY & EXPIRATION LIMITS OF COVERAGE POLICY # DATE LIABILITY WORKER'S COMPENSATION SELF INSURANCE i ELPLCYERS LIABILITY ICERTIFICATE NO. CONTINUOUS WC -STATUTORY CALIFORNIA 1 1878-C COMPOEHENSIVE-•GENERAL INATIONWIDE i•;UTUAL j $1, 000, 000 LIABILIK INCLUDING INSURANCE C:OMPhNY I C0MBINED OWNER'S & CONTRACTOR'S Genl485GA-956 I I SINGLE LIMIT PROTECTIVE & ,BLANKET 851-0002 4 4-1-87 i BODILY INJURY CONTRACTUAL LIABILITY f------- & PROPERTY & AUTOMOBILE iAuto#85BA-956- DAMAGE LIABILITY 851-0001 LIABILITY FIRST EXCESS ' NATIONWIDE MUTUAL � 01000,000 LIABILITY INSURANCE COMPANY 4-1-87 COMBINED #F35CU-956-851-0005, SINGLE LIMIT SECOND EXCESS WAUSAU INTL -�1 $4,000,000 LIABILITY IINSURANCE COMPANY : 4-1-87 COMBiNED _- _- — - 14NUM0000045 L- - - SINGLE LIMIT NOTICE OF CANCELLATION, ASSIGNMENT OR C.'HnNGE: hou.ld the above-menc.ioaed contract of insurance be canceled, assiGned or materially reduced during the above -named policy period in such manner as to affect tnis document, we, the Undersigned, shall endeavor uo give 30 days written notice to the holder of this documenr. This document is furnished to you as s :natter of information only. The issuance of this document does not make that person of organization to whom it is issued an additional assured, nor does it modify in any manner the contract of insurance between the Assured and the Companies. Any amendment, change or extensions of -such contract can only be affected by specific endorsement attached thereto. *++ (See Reverse Side for Additional Provisions;&** FRED S. JAMES & CO. �1•�ot mthstan(jing any rugcrrement, term, or con--ition of any contract or other docu 505 SANSDME STREET ment with respect to wUich taus certificate may be issued or may pertain, the insur• SAN FRANC ISCO, CA ante ANKed by the policy ,policies; described abase is subject to all of the terms, 94111 exclusions and conditions of such policy [policies) daring We termsl memo' THIS IS TO CERTIFY COVERAGE UNDER THE, ABOVE POLICIES ',s (A,,PPR0 ED AS TO FOB: LTBy AIL 1�J:�1JN : . Edward R. Snedeker, ice President Form 229 3/66 City Atto e By It is hereby understood and agreed that the City of Huntington Beach and Its City Coun- cil, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach are added as additional Insureds as pertains to all operations to be performed by Valley Crest Landscape, Inc., under the contract with the City of Huntington Beach. MAR 3 Z _ fB_ INS' & BENEFITS REQUE& FOR CITY COUNCO ACTION Date _ ,Apci 1 an 1 oQ6 - -- Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administratort, UU ` dc'p�k� L. t G� �'1_4 Prepared by: Paul E. Cook, Director of Public WorGk - UI1 Subject: Harriet M. Wieder Park; CC-602 Consistent with Council Policy? [ A Yes [ j New Policy or Exception K Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Valley Crest Landscape has completed the construction of Harriet M. Wieder Park. RECOMMENDATION - Accept the project and authorize the Mayor and the City Clerk to file a Notice of Completion. ANALYSIS: On June 17, 1985, the City Council awarded a contract to Valley Crest Landscape for the construction of Harriet M. Wieder Park. The contractor has completed the park per the approved plans/specif!cations and therefore, it is recommended that the project be accepted and a Notice of Completion filed with the County Recorders office. The following is a summary of contract costs: Council Approval Expenditures Actual Costs Contract Amount: $296,693.57 $293,375.55 Construction Contingencies: 59,338.00 214.50 Total: $356,031.57 $293,590.05 FUNDING SOURCE: Park Acquisition and Development funds budgeted in account number 790776 (Wieder Park Improvements). ALTERNATIVE ACTION N/A ATTACHMENTS None CWT: PE C:D R N:dw 100ig PIQ 4184 0 - 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET Paul E. Cook Director July 22, 1985 Mr. Dennis Rahn Valley Crest Landscape, 1920 South Yale Street Santa Ana CA 92704 Dear Mr. Rahn: Incorporated Subject: Wieder Park; CC-602 CALIFORNIA 92648 Public Works Department (714) 536-5431 We have processed your contract documents for final approval; however we call to your attention the fact that no provisions for bowling/guaranteeing the work after final acceptances were made. Please be advised that you will be required to submit a one-year guarantee bond upon the completion of this project. The release of your retention funds cannot be authorized by the City Clerk until this requirement is met. Should you have ay questions or concerns regarding this matter, please contact Don Noble of this office, at telephone number (714) 536-5431. Very truly yours, Les G. Evans City Engineer LGE:DN: ik cc: Jack Miller, Civil Engineer Associate Don Noble, Contracts Administrator Alicia Wentworth, City Clerk CC-602 File "General Correspondence" CITY OF HUNTINGTON BEACH 2000 MAIN STREET Paul E. Cook Director July 22, 1985 Mr. Dennis Rahn Valley Crest Landscape, 1920 South Yale Street Santa Ana CA 92704 Dear Mr. Rahn: Incorporated Subject: Hieder Park; CC-602 CALIFORNIA 92648 Public Works Department (714) 536-5431 We have processed your contract documents for final approval; however we call to your attention the fact that. no provisions for bonding/guaranteeing the work after final acceptances were made. Please be advised that you will be required to submit a one-year guarantee bond upon the completion of this project. The release of your retention funds cannot be authorized by the City Clerk until this requirement is met.. Should you have any questions or concerns regarding this matter, please contact Don Noble of this office, at telephone number (714) 536-5431. Very truly yours, Les G. Evans City Engineer LCE:DN:ik cc: Jack Miller, Civil Engineer Associate Dqp Noble, Contracts Administrator .Alicia Wentworth, City Clerk CC-602 File "General Correspondence" 0, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CAi�IFOR NIA 92648 OFFICE OF THE CITY CLERK July 23, 1985 Valley Crest Landscape, Inc. 1920 S. Yale Street Santa Ana, CA, 92704 RE: Construction of Harriett M. Wieder Park, Project CC-602 Enclosed is your bid band, a copy of the executed contract with the City of Huntington Beach and a Certificate of Compliance form. The Compliance Form must be signed at the completion of work and returned to this office. In addition, the following items must also be on file, with this office, before the City can release any retention funds. 1. A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. 2,'- An affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors have been paid in full and that there are no outstanding claims against this project. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contract Administrator, 536-5441. Alicia M. Wentworth City Clerk AMW : b t CC: Don Noble, Public Works Dept. Enclosures: Bid Bond Cash Contract Certificate of Compliance (Telephone: 714-536-5227 ) CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 23, 1985 Artistic Landscape & Engineering, Inc. 8445 Dearborn Avenue South Gate, California 90280 We are returning your bid bond which was submitted with your proposal for the construction of Harriett M. Wieder Park, Project CC-602, in the City of Huntington Beach. The contract for this job was awarded to Valley Crest Landscaping. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure 1 Teie phone: 714-536-5227 ) • CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK July 23, 1985 Hondo Company 18392 E. 17th St. Santa Ana, CA 92705 CALIFORNIA 92648 We are returning your bid bond which was submitted with your proposal for the construction of Harriett M. Wieder Park, Project CC-602, in the City of Huntington Beach. The contract for this job was awarded to Valley Crest Landscaping. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure {Telephone: 714-536-5227 i STATEMA& OF THE ACTION OF THE CITY COU 6.11 CounT Chamber, City Hall arl Huntington Beach, California June 17, 1985 called the regular meeting of the City Council of the City of Huntington Beach to order at :30 P.M. Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas Absent: None CONSENT'CALENDAR:- ITEM APPROVEDY . on motion by motion by Thomas, second Kelly, the following item was approved by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None BID AWARD = HARRIETT M WIEDER PARK = VALLEY CREST LANDSCAPING - Accepted the low bid of Valley Crest Landscape in the amount of 296,693.57 for the construction of Harriett M. Wieder Park, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, authorized the Chief of Administrative Services to appropriate $424.031.57 from the 1984/85 Park Acquisition & Development Budget to the 1985/86 FY budget, and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Contractor Base'Bid Alt-Bid'#1 Base Bid + Alt #1 Valley Crest Landscape $ 29�,193.57 00.00 296,693.5 Hondo Co., Inc. 299,244.65 200.00 299,424.65 Artistic Landscape 307,034.70 100.00 307,134.70 Allied Sprinkler Co. 318,778.82 300.00 319,078.82 Mathis Environmental 330,159.18 400.00 330,559.18 Challenge Engineering, Inc. 345,764.80 400.00 346,164.80 Taylor -Schafer, Inc. 353,574.60 1,000.00 354.574.60 Active Landscape 374,287.56 130.00 374,417.56 Carlacio Landscape, Inc. 417,040.03 375.00 417,415.03 Mayor Bailey adjourned the . regular meeting of the City Council of the City o Huntington Beach at 11:43 PM to Monday,June 24 1985 at 73 PM in Room B-8, Civic en er, Huntington Seacn, UA. Alicia 11. Wentworth ATTEST: City Clerk and ex-officio Clerk of the City Council of the City Alicia M. Wentworth of Huntington beach, California City Clerk STATE OF CALIFORNIA } County of -Orange } City -of Huntington Beach) Ruth Bailey Mayor I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 17th day of June , l9 85 WITNESS my hand and seal of the said City of Huntington Beach this the 28th day"of June , 19 85 . Alicia-M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY • A7 Q_ C Vizi� ueprty i 2,�78 0 0 10, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK ,tune 18, 1985 Taylor -Shafer, Inc. 3520 Long Beach Blvd. Suite 218 Long Beach, CA 90807 We are returning your bid bond which was submitted with your proposal for the construction of Harriet M. Wieder Park, Project CC-602, in the City of Huntington Beach. The contract for this job was awarded to Valley Crest Landscape. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt (Telephone: 714536-52271 0 -0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 19, 1985 H. J. H. Western Contractors, Inc. 14450 Hoover Street Westminster, CA 92683 We are returning your bid bond which was submitted with your proposal for the construction of Harriett M. Wieder Park, Project CC-602, in the City of Huntington Beach. The contract for this job was awarded to Valley Crest Landscape. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia t-I. Wentworth City Clerk AMw:bt Enclosure (Telephone: 714-536-5227) • CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK June 18, 1985 CALIFORNIA 92648 Carlacio Landscape, Inc. 825 West La Jolla Placentia, California 92670 We are returning your bid bond which was submitted with your proposal for the construction of Harriet M. Wieder Park, Project CC-602, in the City of Huntington Beach. The contract for this job was awarded to Valley Crest Landscape. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk (Telephone; 714-536-5227) • CITY OF HUNTINGTON BEACH 2000 MAIN STREET June 18, 1985 Challenge Engineering, Inc. 4761 Lincoln Avenue Cypress, CA 90630 CALIFORNIA 92648 OFFICE OF THE CITY CLERK We are returning your bid bond which was submitted with your proposal for the construction of Harriet M. Wieder Park, Project CC-602, in the City of Huntington Beach. The contract for this job was awarded to Valley Crest Landscape. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk A.*fW : b t I Telephone: 714-536-5227 ) • J. "Me kt CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK June 18, 1985 Active Services 1417 E. Third St. Pomona, CA 91766 CALIFORNIA 92648 We are returning your bid bond which was submitted with your proposal for the construction of Harriet M. Wieder Park, Project CC-602, in the City of Huntington Beach. The contract for this job was awarded to Valley Crest Landscape. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk A,%fW:bt (Telephone: 714-536•5227 ) e, @ CITY OF HUNTINGTON BEACH E2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 18, 1985 Allied Sprinkler Company, Inc. 2831 Gretta Lane Anaheim, CA 92806 We are returning your bid bond which was submitted with your proposal for the construction of Harriet M. Wieder Park, Project CC-602, in the City of Huntington Beach. The contract for this job was awarded to Valley Crest Landscape. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt (Telephone: 714-536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 18, 1985 Mathis Environmental, Inc. P. 0. Box 189 Rancho Cucamonga, CA 91730 We are returning your bid bond which was submitted with your proposal for the construction of Harriet M. Wieder Park, Project CC-602, in the City of Huntington Beach. The contract for this job was awarded to Valley Crest Landscape. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt (Telephone; 714-536.52771 It Nil REQUE& FOR CITY COUNCIDACTION Date June 6, 1985 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thcrrpson, City Administrator W` Q Prepared by: Paul E. Cook, Director Public Works Subject: HARRIET M. WIEDER PARK Consistent with Council Policy? VI Yes [ ] New Policy or Excer APPROVED BY CITY COUNCIL .,., Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Pursuant to City Council approval of March 4, 1985, bids were received on June 4, 1985, for the construction of the Harriet M. Wieder Park. RECOMMENDATION: 1. Accept the low bid submitted by Valley Crest Landscape and authorize the Mayor and the City Clerk to execute an appropriate contract in the amount of $296,693.57. 2. Authorize the Chief of Administrative Services to appropriate $424,031.57 from the 84/85 Parks Acquisition and Development Budget to the 85/86 fiscal year budget. ANALYSIS: On March 4, 1985, the City Council approved the plans and specifications for the con- struction of Wieder Park and authorized Staff to solicit construction bids. Bids, as summarized below, were received and opened on June 4, 1985: Contractor Base Bid Alt. Bid #1 Base Bid + Alt.#1 Valley Crest Landscape $ 296,193.57 $ 500'X0 $ 296,693.57 Hondo Co., Inc. 299,244.65 200.00 299,424.65 Artistic Landscape 307,034.70 100.00 307,134.70 Allied Sprinkler Co. 318,778.82 300.00 319,078.82 H.J.H. Western 328,876.21 250.00 329,126.21 Mathis Environmental 330,159.18 400.00 330,559.18 Challenge Engineering, Inc. 345,764.80 400.00 346,164.80 Taylor -Schafer, Inc. 353,574.60 1,,000.00 354,574.60 Active Landscape 374,287.56 130.00 374,417.56 Carlacio Landscape, Inc. 417,040.03 375.00 417,415.03 The base bid includes construction of the park, with the exception of temporary fencing. P10 4/84 'Harriet M. Wieder Park RCA June 6, 1985 Alternate Bid NLmiber One includes installation of temporary fencing at the southwest corner of the project to secure the site during construction and post -installation maintenance. Staff has reviewed the bid proposals, including alternate bid Number One, and reccmTends acceptance of the Valley Crest Landscape bid for $296,693.57. Based on this recainen- dation, the anticipated costs of constructing Wieder Park are as follows: Contract Amount $'296,693.57 Construction Contingencies 59,338.00 Playground Equipment 68,000.00 Total: $ 424,031.57 * The playground equipment will be purchased and installed on a separate contract sub- sequent to the cor pletion of this project. Parks acquisition and Development funds of $530,000.00 were budgeted for this project in fiscal year 84/85. The unencumbered fund balance of $529,748.00 in fiscal Account Number 790776 (Wieder Park Improvements), will be used to fund these improvements. How- ever, it's unlikely that these revenues will be encumbered in fiscal year 84/85; there- for, it is recommended that the Chief of Administrative Services be authorized to appropriate $424,031.57 from this 84/85 unappropriated Parks Acquisition and Development Revenues to the 85/86 Fiscal budget. FUNDIM SOURCE: F.Y. 84/95 Parks Acquisition and Development funds budgeted in Account Number 790776 (Wieder Park Improvements). ALTERNATIVE ACTION: 1. Award a base bad contract to Valley Crest Landscape and forego alternate Bid One (security fencing). 2. Reject all bids and forego project. ATTACHMENTS - Project Location Map PEC/JP/RN/mw ZONING INDEX MAP 9- 5-:1 JO. 5-11 DM 9 DM[ I LEGEND 19-6-10-SECTION -TOWNSHIP- RANGE 16 - 14�'bX,[ I DIM 22-DISTRICT MAP 22 D 1,1 18 DMI 17 DIV 15 ii 24 21- �_Il 215-11 24 OM 2 OM 26\; OM 21 23 DM X, 011�24 DMi 25 DIM 26 127 30-5-11 29-5-il 28.tL;-..LlI 27-5-11 /DM 26-5-11 25-5-11 am 3! DM 30 DIV 34 D V 3 3 DM32 �c-,32-5111 33-5-11 11 34- i 35-5-11 36-P-11 F 311 Dm DM 37 DM 4 0 k,611 JN 5-6-11 llkl 3-6-11 2 III 1-6-11 6-6-10 2 lA DM4 DM3 RDMIS pMSr 0 1 9-6-1; 6-1 7-6-ID 8-6-10 DM 10 DIVI C412 DAh3 DM 7 Dm 8 CITY OF HUNTINGTON BEACH ORANGE COUNTY CALIFORNIA c.c —M I.. 14-6 11 13-9-11 ;8- 6- 17-6-10 j-- MI I DMV.14 DM 20 DIV 19 24-6-1 19-bf-10 I DM 29 22 rL. AJune 4, 41985 2 p.m. V117 r NT S'rIj.JAy;7- — — ---- -C NUIM BTT� Harriet M. Wieder Park; CC-602 TOTAL BID AMOUNT Active Landscape % AI, W9 �� 3�It 075. Irk. Allied Sprinkler C mpany, Incorporated Al -Mac Landscape Artistic Landscape and Engineering jig/i I.;Al• ljo --- - Assured Electrical Contractors, Inoorporated _— Baird and Carter -- -- -- - -- -- — ---- -----_ _ -. yis'. 03 Carlacio Landscape, incorporated - ---- - i Carlson } s Landscaping = _ --- ------ Challenge ---- Challenge Engineering, Incorporated --- De Armond Construction Daman Construction Danko Contracting, Incorporated Gillespie Construction, Incorporated UDDERS NAMI-L, H J H Western Contractors Hondo Ccurperry, Incorporated- 9 TOTAL BID AIMIOU N T 9 6 McAfee Construction, Incorporated Mathis Environmental,—Tnoorporated Terry Moser Construction _New West Norm Phillips Construction gm any Steirry and Canpany, Incorporated Sunrise Landscape Taylqr-Shafe_T, Incorporated Team construction Cerny Terra -Cal Construction, Incorporated Valley Crest Landscape 5300,0-)Z.O* • IN THE Superior Court OF THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH State of California ) County of Orange DARLENE H. MALONE That I am and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that 1 am not a party to, nor interested in the above entitled matter; that I tam the principal clerk of the printer of the HUNTINGTON BEACH IND. & REV: a newspaper of general circulation, published in the City of Huntington Beach County of Orange and which newspaper is published for the �disemination of local news and intelligence of a general charac- ter, and which newspaper at -all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and pub- lished at regular intervals in the said County of Orange for a period exceeding one year; that the notice, of which the annexed is a printed copy, has been published in the regular and entire issue of said newspaper, and not in any supplement thereof, on the following dates, to wit: May 91 16, 23, 1985 I certify (or declare) under penalty of perjury thnt the forego- ing is true Td r2re t-G ro v e Datedsit ................................................ ifor this 24.. d f a . l :) A ! i . _ •ONE' • Signature PROOF OF PUBLICATION BID CC-602 NOTICE IS HBRSBY GriM that the City Ca ncil of the City of Huntingma- Beach, California will receive sealed bids for the angowdiss of BMW IL Wkdff Park in the City of Huntington Beech, Cahfora)a in &ma*nm with the plans and specifications and special providons on file in the office of the Director of Prrblie Works. Donemenla Rio be available on May 6. 19ML A charge of VOor ant refundable, will be rsgWred for each set of specification aid aaootnpanyipg derv.'. • DIRECTOR OF PUBLIC WORM FlilB"TE t Work Item Appm'- I. Mobilization Su 2. Clearing and Gru66mg ISee Section 9) Lm Sum y 3. Farthwork (Section 10) • p SF 4. Imppooned Fill (Section 10) . - 5. 9ubterraneen Drainage System (including the storm a drainl Lump sum 6.,r _ : Concrete Curb and Gutter I7o LFf 7. Concrete Walk and Flatwork ' 6,570 SW R ' Concrete Basketball Court 7,2809E 9. Concrete Monolithic Walk and Steps (at play ores) Z265 SF- 10. Concrete Mowstrip (6' wide) t,630 LF it. Concrete Mmatrip (9" wide) 30 LF 12. Play Ares Sumppss 3 EA 13. PI�y Area Vcgoil Treatment 29D CY t 14. Baketball Court Stiping Lump Sum 15. Bollards -12 EA .16. Electrical Syy�tcm 17. Paskidentifrmt 0819a' - �pS�1 la. 6" Block' Wall • • % .. , 670 V2 19. Picnic TahlalBenches 5 EA i 20. Stationery' Ben ch" 3 9A. 21. Double Lutrr Can Holders 2 22, _ Basketball Backboards • 2 BA 23. Volleyball Post Set I SEC 24. Irrigetian System: - t 188 BBfi SF 25. WeedAbetementandSoil Preparauoo 5SF 18898 26. HydroseededTurf. JIMM65E ' 27. 15 Gallon Trees g8 SF, A - 24" B, ox Tren ' 'i 21 I:A 29. 30 Calendar Day Plant Establishment Period ' Lump Sum 30.' 60 Calendat Day Post -Installation Period Lump Suer' ALTERNATE BID . 1. Temprary Fencing t r+• . t Lump Seim In accordance with the provisions of Section 1773 of the Labor Code, the State of ' California. Director of the Department of Industrial Relations shell determine the general Prevailing rate of wages, applicable to the work to be done; copies of the latest-' general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public works of the City of Huntington Beech. California. Plane and speciftcations ctgageetther with p form, may be obtained at the. office of the Director of Public {lrorks, City Hall, Hun ' ggttuu Beach, Ca)iforgie. No bid will be received uWasss-it is made on aoblank form famished by they Director of Public Works. The specie] attention of prospective bidden is called to rile • ' pro requirements, at forth in the specifications, for full directions is to tits hid ing ,. . The above quamti" we approximate only, being given sa a buffs for the camparicon of bids, and the City of Huntington Beech does not express or by implications agree.that the actual amount of work VWcorrespondtbm mtb but reserves the right to inmesse or decrease the amount of any class or portion of the Rork, as may be deemed necessary or expedient by the Director of Public Works. All bids will be tampered on the basis of the Director of Public Works atimtacaj of the quantities of work, to be done. ' `,� , The substitution of ax tithes for an money whblield by the City, to enewe performance, shall be permitted in Accordance witb'the provisions of the Cswoidia,_ Government Code, Section vw: - = • . Bach bid shag be made out an a form to obtained at the office of the Directnrlof r Public Works, Development Wing 2000 Main Street, Huntington Beach. California; ' shall be waled and filed with the City Clark at the CMc Center, Second Floor Administration Building, 2000 Main Street, HuntingWm 84ch, California, an ur 1 before 2-DD p.m. of June 4, IDM, and ahall be opened yy a mmtmittea composed of the City Clerk, the City Attorney and Director of Public Worki-or their'sutborised:. representative and the vaults of said bidd' will be reported to the City Couneil'of. . said City of Huntington Beach at their rear meeting to be bold on Monday the' , 17th of Jung 1988, at the hour of 7:30 p.m. m the City Council Chambers in the &Y%; Center of said Cltp af. Hunu�rton Beach, and shag be acted. upon by aid City Council at there Huntisr n cb Calif reaervm the lit m reject uiY qr all The City,of Hun pro ng bide and,to aoeept the hid deemed for the heat interest of the.City of any Bach California.. , By order of the City Council of the City of Huntington Seieh'Ciliformie'obis ATTFS I�1 : Alicia Wentworth f * n `` City Clark Pub. May 9. 16. 23,1986 , 'A Huntington Beach Ind. Rev. in-, 5 ! NOTICE INVITING SEALED BIDS C C-602 J Notice Is hereby given that the Clty Council of the City of Huntington Beach, California rill recelwe seated bids for the construction of Harriet M. Wisder Park In the City of Huntington Beach, CeIIfornIa In accordance with the plans and specifications and special provisions on file In the office of the Director of Public Works. Documents rill be available on ry%Ck�f {o, , 1985. A charge of $50.00, not refundable, rill be required for each set of speclfictions and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Approximate Mork Item Quantity 1. 14ob(lize14on Lump Sure 2. Clearing and Grubbing (See Section 9) Lump Sum 3. Earthwork (See Section 10) 1,630 CY A. Imported FIII (Section 10) 7,250 SF 5. Subterranean Drainage System (Including the storm drain) Lump Sum 6. Concrete Curb and Gutter 170 LF 7. Concrete walk and Flatwork 6,570 SF S. Concrete Basketball Court 7,280 SF 9. Concrete Monolithic Walk and Steps (at play area) 2,265 SF 10. Concrete Moxstrlp (fi" ride) 1,530 LF 11. Concrete Morstrip (9"wide) 30 LF 12. Play Area Sumps 3 EA 13. Play Area Sand/Soil Treatment 290 Cy 14. Basketball Court Stiping Lump Sum 15. Bollards 12 EA 16. Electrical System Lump Sum 17. Park Identification Sign Lump Sum 18. 6" Block Mall 670 LF 19. Picnic Tables/BenCheS 5 EA 20. Stationary Benches 3 EA 21. Double Litter Can Hodlers 2 EA 22. Basketball Backboards 2 EA 23. Volleyball Post Set I SET 24. Irrigation System 188,985 SF 25. Weed Abatement and Soll Preparation 188,985 SF 26. Hydrosseded Turf 188,985 SF 27. 15 Gallon Trees 98 EA 28. 24* Box Trees 21 EA 29. 30 Calendar pay Plant Establishment Period Lump Sum 30. 60 Calendar Day Post -Installation Period Lump Sum ALTERNATE BID 1. Temprary Fencing Lump Sum In accordence with the provisions of Section 1773 of the Labor Code, the State of Callfornle, Director of the Department of Industrial Relations shell determine the general prevalIIng rate of rages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. N-1 f P l ens and spec I f I cat torts, together w i th propose l form, may be obta I nod at the of f ice of the Director of Public Works, City Hall, Huntington Beach, California. No bid wlIi be received unless It is wade on a blank form furnished by the Director of Public works. The Special attention of prospective bidders Is cal led to the proposal requirements, set forth In The specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for The camparlson of bids, and the City of Huntington Beach does not express or by top IIcations agree that the actua I amount of work wi I I correspond therewiTh but reserves the right to Increase or decrease the amount of any class or portion of the work, as way be deemed necessary Or expedient by the Director of Pub IIC Works. Al I bids wit l be compared on the basis of the D I rector of Public Works estimate of the quantities of work to be done. The substitution of securities for any money withhold by the City, to ensure performance, shall be permitted in accordance with the provisions of the California Government Code, Section 4590. Each bid shall be wade out an a form to obtained at the office of the Director of Public Works, Development WIng, 2000 Me In Street, Huntington Beech, CaIItorn Ia; shall be sealed and tiled with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, Cal Ifornla, on or before twi•/i-of .Tunes N , 19g, and she I I be opened by a comm I tteo composed of the C 1 ty C I ark, the C I ty Attorney and Director of Public Works or their authorized representative and the results of sold bidding will be reported to the C i ty Counc I l of sa I d City of Huntington Beach at the i t regular mw 1 ng to be hold on Mondy, the Lth of Tu n c 19 Jr at the hour of 7:50 pm In the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by sold City Councll at the regular meeting of .. -Ju n e. ► 7. 191i6. The Clty of Huntington Beach, California reserves the right to reject any or all bids and to accept the bid deemed for the best Interest of the City of Huntington Beach, California. By order of the City Councll of the City of Huntington Beach, California this I �'1grG h li. , t 985. ATTEST; Alicia Wentworth City Clerk f1-2 REQUEO FOR CITY COUNCOACTION Date February 7,- 1985 Submitted to: Honorable Mayor and City Council �G�L O� Submitted by: Charles W. Thompson, City Administrator Prepared by: Paul E. Cook, Director of Public Works � 0��9 ���1 �.• Y� Subject: Wleder Park; CC-602 �L• �t Consistent with Council Policy? >4 Yes [) New Policy or E eptio Statement of Issue, Recommendation, Analysis, Funding Source, Alterna ' e Actions, Attachments: STATEMENT OF ISSUE: The plans and specifications for the construction of Wleder Park are complete. RECOMMENDATION: I. Approve the plans and specifications and authorize staff to solicit bids for construction. 2. Approve the environmental determination for the project (i.e., Negative Declaration 85-2). 3. Authorize the appropriation of an additional $250,000 from the Park Acquisition and Development unappropriated fund balance (i.e., fiscal account K301). ANALYSIS: On June I8, 1984, City Council approved the development of Harriett Wieder Park in FY 84/85 as part of the Park Acquisition and Development Section of the Capital Improvement Project budget. Cardoza—Dilallo—Harrington-have completed the construction plans for Wleder Park. Staff has reviewed and approved the documents; therefore, the Director of Public Works requests Council approval of the plans/specifications and an authorization to solicit bids for construction. On January 17, 1985, the Development Services Department posted a Negative Declaration (85-2) for an environmental determination of this project. The Negative Declaration was posted until January 27, 1985. During this ten day period, no comments either oral or written were received; therefore, it is recommended that Council approve Negative Declaration 85-2. In 1981, staff budgeted $280,000 for this park. Subsequent to this budget, several things have occurred which will increase the projected costs of this park. The original budget did not Include an estimated $50,000 for proper park drainage. Secondly, four years have elapsed since the original budget was developed; therefore, the budget must also be revised to reflect the increased costs of labor, materials and construction contingencies. The current anticipated cost of constructing Wieder Park is $530,000.00. Based on this revised cost estimate, an additional $250,000 must be appropriated from the Park Acquisition and Development unappropriated fund balance. FUNDING SOURCE: Estimated Contract Costs:. $460,000 Estimated Construction Contingencies: 70,000 Total: $530,000 , Funds currently budgeted In fiscal account 790776 (i.e., Wieder—Improvement): $279,748 1 Appropriation from Park Acquisition and Development unappropriated fund balance (i.e., fiscal account K301): $250,000 , 529,748 P10 4/84 • CITY OF HUNTINCTON BEACH •� INTER -DEPARTMENT COMMUNICATION HUNTiNCTON BEACH To CHARLES W. THOMPSON From DAN T. VILLELLA City Administrator Acting Chief of Adm. Svcs. Subject INCREASED APPROPRIATION TO Date FEBRUARY 8, 1985 ALLOW FOR CONSTRUCTION OF WIEDER PARK, F.I.S. #85-23 As required under the authority of Resolution 4832, a Fiscal Impact Statement has been prepared and submitted relative to the requirement for additional funding to accommodate the anticipated projected costs of $530,000 for the construction of Wieder Park, as opposed to the initial budget of $280,000, envisioned in 1981. Current revised estimates are that the requested appropriation of $250,000 should be adequate for this purpose. An affirmative response by the City Council would reduce the City's unappropriated Park and Development Fund to $619,587. DTV:AR:skd Attachments DAN T. VILLELLA Acting Chief of Administrative Services 1075j 0 FISCAL IMPACT STATEMES WEIDER PARK 1. Budget Status The project was budgeted, but the cost estimate was made in 1981 when prices were lower. Also, the 1981 figure did not include funds for drainage or an allocation for contingencies. 2. Total Costs A. Direct: $250,000 has a one time expenditure from the P.A.D. fund. Future maintenance costs to be from the General Fund through the park maintenance program. B. Indirect: Loss of earning capacity on these funds. 3. Funding Source A. Funds: Park Acquisition and Development funds of $250,000 on deposit in account K 301. B. Revenue Sources: Development fees. C. Alternative Funding Sources: General Funds. D. History: Park Acquisition and Development funds have normally been used for this purpose in the past. Oof PLANNING . SECTIONAL DISTRICT MAP 20-5-11 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 8 hj i L.EGEND • E.'lNrER AVE 0 cc LL Q PRELUDE CF-E CF-E L SU . iT - E K - UNA DR DR Li -0 CR �m N I �ET R MINJET C F m :.i ------------ le�ca on CF-R 11; r—i I CF-R '--DR CF-E L - I L-A490R graCF R R CF-R M 'EFIR WARNER SECTIONAL DISTRICT • CITY OF HUNTINGTON BE ORANGE COUNTY, CALIF /al a 2.I14 II DARN NL L' 1 � D (LUD) LIMITED USE nisTRtr.T • 0 ZONING = DM 22 MAP 19-6-10 NOTE' ADOPTED MARC. 7, IBBO a IS .+iNOEe To:.I .i�xo rQ E cN.E. r .c•T ei . T CITY LEGEND: COYNCIL ORDINANCE NO. 754 M SINGLE 21YILY US .ENCE :I2'R C' "ENDED _ CA E pW ANENOED EASE 00 . DAC3 pLL DISTIITEDEa 2 REETRLTEE NuTORNa D.NICT E'T. IE-3-60 l 66. I2-6-6 l 4VK !2TACH I ;a Nlawtc9RL�IShJTeC l�J OkaL TkO WILi=":D[LMCMfL0'VT- TED WVIqE TAN:LT RE6CE.CE W.CT .O..D 6. L-N•TC Y-67 •3:T TC-C 1, ITED VSE DISTRICT 6-3-1• :106 17 •I 14] !6{ IJ r 011TR[T I`` I A E-16 -I ! f.,1A00PLWN ® STI ZONE iL"M 1^' 1, 1 ,T .-]-72 2R,_T3 TI�4 IT39 i! 1. +-••_Su45TAL LDME IPlGRi `•I.•1 - T-Ta - -2-82 Z-a2 T -3 . 225. Ti-3 ZITS IL6 is �� 220a -- SE-W. L:A! -0- CP 0 kITN 0L n C] a— 1 I r EC e I 1/1—AA—CL 7 if1 1 f' i Ni I 'z 0!! • • t. HI.WIINGTON BEACH To C R IT O iT" :1'"il tad N FJ l uk2 a m ®w B EAC H INTER -DEPARTMENT COMMUNICATION From ENVTROivMENTAL RESOURCES SECTION Subject NEGATIVE DECLARATION data January 17, 19" N0. S55-2 Applicant- C i - y of Hu:.- i ng-on Seach Reouest: Develop a five acre neic"ihcr.'-oou pE rk. Location: NortheaS T co:-ne;- of ;Jearce anic Lynn Street Background Based on the Staff's initial study of this project a Draft Negative Declaration was published in the local newspaper and posted in the Office of the City Cleric for a 10-day public review period ending Ja,-;ary 27. 10,85 and no comments, XX the attached corments were received. Recommendation The Environmental Resources Section recommends that the ci�y COun;:i approve Negative Declaration No. R=.2 finding that the proposed project will not have a significant adverse effect on the environment. Miti ation Measures XX The attached mitigating measures will reduce potential environmental effects resulting from the project and are recommended as conditions of approval. Respectfully submitted, Diana Teran Blaisure Assist -ant Planner JRB/dc STANDARD NEASLRE* r 1. natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 2. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 3. Low volute heads shall be used on all showers. f4. All building spoils, such as unusable lumber, wire, pipe, rand other surplus or unusable material, shall be. disposed of at an offsite facility equipped to handle them. 5. The structures on the subject property, i ether attached or detached, shall be constructed in compliance with the state acoustical standards set forth for units that lie within the 60 C]EL contours of the property. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). All measures recommended to mitigate noise to acceptable.levels shall be incorporated into the design of the project. _ 6. If lighting is -included in the parking lot and/or recreation area energy efficient lamps shall be used' ie.g. high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevait "spillage" onto adjacent properties. l(^ 7. A detailed soils analysis shall be prepared by a registered soils engineer. s ' analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, fc:hdations, retaining walls, streets, and utilities. 8. If Foil -type insulation is to be used, a fire retardant type shall be instal lv2 as approved by the Building Department. . 9. An engineering geologist shall be engaged to submit a report indicating tie ground surface acceleration from earth movement for the subject property. Ail structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. 10. A plan for silt control for all storm runoff from the property during construction and during initial operation of the project shall be submitted to the California Regional water Quality Control Beard staff for their review prior to the issuance of -trading permits. 11. Infccmation on equipTent or facilities which may generate air pollutants shall be T submitted to the South Coast Air -Quality Management District staff for their review prior to the issuance of a Certificate of Occupancy for any use within the building. 12. 13. CITY OF HUNTI&TON 3EArH 1116 STUDY OF ENVIRONMENTAL JINS 1. BACKGR 3N I. Applicant C, of hw--f-:. _U n Beam 2. Address 200 Main S t reel, hun7 i ngTM, Reach, Ca 9264? 3. Telephone 0 4. Project Location Ngr...,_ nS ccrner cf Aarce a7y tynn STree7s S. Project Title/Description Savetop a Ke acre negnborhocd park. 6. Date _ january 17, 1:85 II. ENVIRC"rMcEN7AL IMPACTS: (:explanations of all "Yes" and "Maybe" answers are required on attached sheet). I. Physical Environment: Will the project have a significant impact on the physic:' environment with respect to: a) hydrology, b) air quality, c) geology, d) flora and fauna, e) noise, f) archaeological/historical. Yes ""aybe °°,c XX Other 2, impact of Environment on Project: Wil? the project be subject to impacts frcm qc surrounding environment? i.e., natural environment; manmade environment. Yes Maybe No xx 3, impacts on Public Services: :;ill the 7roject havo a significant impact upon, orre- sult in a need for a new or altered government service in any of t"e following areas: fire, police, schools, parks or other governmental agencies. Yes Maybe No XX 4. impacts on Traffic/Circulation: '.dill project result in substantial vehicular move- ment, or impact surrounding circulation system, or increase traffic hazard? Yes Maybe No XX S. Will the project result in a substantial alteration or have a negative affect c,. the existing: land use, population/housing, energy/utilities, natural reso,:rc:s, human health? Yes Maybe No Kt 6. Other potential ervironwertal impacts not discussed above (see attached sheet). ITI. OTHER RESPHSI3LE AGENCIES .AND/OR PERSONS CONTACTED ( See Attached ( Xx ) Not Appl i cavil e IV. MANDATORY FINDI`iGS OF SIGNIFICANCE: 1. Will project degrade quality of envi rorment? Yes ,Maybe NO XX 2. Will project achieve short -terra goals to the disadvantage of long -terry environmental goals? Yes Maybe NO XX 3. Does the project have impacts which are ineividually limited but cumulatively considerable? Yes Maybe No A 4. ::ill the project adversely affect human beings either directly or indirectly? Yes_ Maybe No 2 V. DETERMINATION ( ) `Jegative Declaration (Xr ) Negative Declaration :With Mitigation ( ) Environmental Impact Report DATE SIGNATURE NOTICE OF DETERMINATION NOTICE IS HEREBY GIVEN THAT A DETERMINATION HAS BEEN MADE WITH RESPECT TO THE BELOW DESCRIBED PROJECT. APPLICANT: City of Huntington Beach ADDRESS: 2000 Main Street, Hunt i naton Beach, Ca. 92648 PROJECT TITLE • Negative Declaration No. 85-2 PROJECT DESCRIPTION: Develop a five acre neighborhood park. LOCATION: Northeast corner of Pearce and Lynn Streets The above described project was: Approved On ✓ — — Disapproved On By Di, retionary Body The project will, XX will not, have a significant effect on the environment. If approved, having a significant effect, a statement of Overriding Considerations is attached. { ) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA (EIR # ). M A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration (Environmental Clearance Report) is attached. The EIR is available for review at Department of Development Services —�7:;� Date Mailed Removal Date the City of Huntington Beach Environmental Resources Section. SigniicT Title ' 1 { 810 PROPOSAL FROM VALLEY CREST LANDSCAPE, INC. Firm Nerne To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the Hamet M. Wieder Park Lynn Street @ Prairie Drive Hunting Beach, CA I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM NO. APPROxIMATE QUANTITY ITEM WITH UNIT PRICE WRIT7EN !N WORDS UNIT PRICE TOTAL 1 Lump Sum Mobilization @ luop7j rigg Lump Sum. ��_qN- ZS�� Lu,p Sum 2 Lump Sum Clearing and Grubbing (See Section 9) @ wa NrNEAUNDeen eN r:ouAcs Lump Sum. 2gto ZrtlO Lump Sum 3 1630 CY Earthwork (See Section 10)@ ONE pocr4e ty 1,u7_per CY. ctb 30cj7 . i per CY FivE 4 7250 CY Imported Fill (See Section 6) @ ,p,oL s CY. '). IO 36 9715 per per CY 5 Lump Sum Subterranean Drainage System @ sr,r -rA '.Av'_�r a{Jp IVNQ.eaL_( jhrY SVy WLCA& _ _Lump Sum, Lumo Sun P-1 n ITEM MD. A"ROXIYATE QU^KnTr [Tam IMIT14 UNIT PRICE WRITTEN IN wORD8 UMT PRICE- TOTAL 6 170 LF Concrete Curb and Gutter @ ✓ 1 iEeAD � 7,per LF. �°ZS� 2-16Z, so per LF 7 6,570 SF Concrete Walk and Flatwork @ ✓ TWo`�, per SF. 2•'1S fb�g6SD per SF 8 7,280 SF Concrete Basketball Court @ °S T-AeCE per S F . 3 22 zV4 per SF 9f 2,26bSF Concrete Monolithic Walk & Steps (@Play Area) @ z5 Fc�2E £��o per SF. 425 C1bZ�, 7S _i per SF 10 1,530 LF Concrete Mowstrip (6" wide) @ F'It1E � o� per LF. f.80 per LF 11 ; 30 LF Concrete Mowstrip (9" wide) @ Sj,� pzuA-,s J P4 T_� -acT5 Per LF. _ per LF 12 3 EA Play Area Sumps @ rcacu - Fr Lb(�C.A.Z per EAs `. B& per EA 13 290 CY Play Area Sand/Soil Treatment @.E LF_uctJ Q�>C(Ae}SrTTY FEE mta� per CY. per CY 14 Lump Sum Basketball Court Striping @ ado AwWe3L nJ1.u�,9oLX-5 Lump Sum. Z`10 Z`to Lump sum 1s 12 EA Bollards @ &)tu"(-_ rjoe J per EA. per EA W ITEM GA. APPROXIMATE OUAK"TY ITEM MT14 UNIT PRICE MlIfTTEII IN VPORDG UMT tRICG TOTAL 16 Lump Sum Electrical System @ TA i r-a it-WsAut�:- t+ kT uPjnsu-�- sw ump Sure. 13 8".3Z 1jf3EY 4 Z— bc>�-�+ "iw� Cj5-)6.3Ts rump Sur. 117 Lump Sum Park Identification Sign @"TAKE 7k,&6k.p T&__f wce-s& .�lE �w�ess _Lump Sum. __ 33 So 335E Lump Sum 18 670 LF 6' Block Wall @ TN«'j�j St 14 De-LAM-S ___per LF. 3(' - zy I z a per LF 19 5 EA Picnic Tables/Benches @ ti1tNE 1kujt20a,�, per EA. EA LjsU� per 20 3 EA Stationary Benches @ jbM Auppg= �i.uIAS per EA. 4Db per EA I� 21 2 EA Double Litter Can Holders @ Tuoo Ekr�jwujN, I ,per EA._ �3 per EA 22 2 EA Basketball Backboards @ o. -m S�NsA•'� ooe Nuwoarn %6AK!,V fr,ue per EA. per EA 23 23 1 SET Volleyball Post Set per set.0 35� per set 24 188,985 SF Irrigation System @ gEue.r-3 czi,tS ✓___per SF. per SF l3 P-3 r � 1 rEM NO. A/►ROXII"T! CIUANTITY mew ITEM WITH UNIT PRICE 10MITT1111 IN 1001108 UMT 1C� TOTAL 25 Soil Preparation and Weed Abatement @ �j 1tii3,985 SF Tea ceuTsper SF. .10 !q Sots Sv per SF 26 188,985 SF Hydroseed Turf @ Wme ce.-STs J per SF. . 03 sLk;q S per SF 27 98 EA 15 Gallon Trees @ ccg &7Y crime &�oLW 5 LtS`t^F_ ILF- LgtMa . , , per EA. per EA 21 EA 24" Box Trees @ jwo Iu1,sd�r�E �o�.� per EA. ?_05 3p5. per TA 29 Lump Sum 30 Calendar Day Plant Establishment Period @ T& 7*0S w(�) rME kWQC43 JA2C t5 Lump Sum. 3400 3yaU Lump Sum. Lump Sum 60 Calendar Day Post -Installation Period 30 @ %jn-t-U01(-Lump Sum. 3Lkco 3CAU(3 Lump Sum SUBTOTAL 572. P-4 • APPROXIMATE OUAAMTY Now ITEM WITH UNIT PRICE WRITTEN IN WORDS LIMIT IPRIrrr TOTAL ALTERNATE BIDS I Lump Sum Temporary Fencing @ ��„��►�-LLAS�S Lump Sum. o� Lump Sum ALTERNATE BID SUBTOTAL Gbx� f TOTAL AMOUNT OF PARK BID (Shall correspond with amount stated in Contract 3oo6'iz. P-6 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or lass than those shown herein at the unit prices bid in the proposal schedule. &I jeo -t V,G The undersigned understands the contract time limit allotted for the contract is 66 CBI "01— day:, If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within tan (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the con- tract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of nasterials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is Bidder' a Bond _ ($ ................ . • • • . • • ). NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shell fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. A&C-27 1339 Signature of Biddw Dennis L. Rahn Business Address _1920 S. Yale St Santa Ana Branch Manager Race of Residence Dated this 4th day of June ,198— Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received 1� I H 0, 1�2 W 5S �] Bid er's 'gnature P-b PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: VALLEY CREST LANDSCAPF- TNC- Z Address: 1920 _S,,_Yal.e Santa Ana. _Calif_ 3. Telephone 714-5467971 4. Type of firm — individual, partnership, or corporation: Corporation S. Corporation organized under the laws of the State of California 6. Contractor's License Number: A .7 1 339&7 — Classification of Contractor's License A & C-27 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: _Burton :S, SPERBER President Neville A. Laatach. Vice-Preajsient John T. Cable Vice -President: Geor a W. Reber Vice -President William N. Cohen, Vige-Pre i ent David Rose, Vice-Preeident,CFO _ Jerry W. Cox, Vice -President .% Carmen E. Reder, Secretary 8. Number of years experience as a contractor in construction work: 36 years 9. List at least six projects completed as of recent date: (Contract amt.) (Class of work) (Date Completed) {Name and address of Owner) Koll Center -Irvine $ 8709000.00 Fluor Corporate Headquarters -Irvine $1,100,000.00 Irvine Meadows Amphitheatre -Irvine $510,000.00 Automobile Club.Headguartere-Costa Mesa $960,000.00 c Belcourt-Newport Beach $3,800,000.00 Westminster Ballfields-Westmintster $380,000.00 10. List the name of the person who inspected the site of the proposed work for your firm: John Turns Date of inspection Magte30, 1985 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-7 &SIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair practices Act" being Sections 4100.4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime con- tractor in or about the construction of the work or improvement in an amount in excess of one-half N of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City wiff be furnished copies of all sub -contracts entered into and bonds furnished by sub -contractor for this project. P—a J '111: ; y s'.,3i1 7 eyec,i, rl by Lho surcessi�,'!1idder in CiC�-Urr1:111r;? ,vIli} jH-.tP11C�'1 in:i hi tit? 5,pr^cial ,provi':ons. 13 . th,,, g,::ir1r,`y on this pa' e l'.r' LI .'.0 of lr. .?i__;.l;j F1'.0 uld.) (.-,UARANTY To the Ciiy of 'riunt'ington Beach, Departrnent of Public "Yorks: PROJECT: HARRIET M. WIEQER PARK Lynn Street @ Prairie Drive Huntington Beach, California CC-602 The undersi-ned g,:arantees tize construction and instal:ation of the following :/ork included in this project: , Site improvements as indicated on the drawings and in the project specifications, including Plant Establishment and Post -Installation Maintenance Periods. -)hcr.:.d ar.y of t`,e'materials or equipment prove derertive or should L`,e :v;r{ as 7 :'lh7iF' ]rCyP. :efF?C_tlVr3, due t0 faulty workinans�lit7, !naterlal furnished or r'1e',n! r..s of or s',nu',d the •enori< or any part thereof fall'. Lo opt rate prop'!-ly as nri ;i ,-,t%%N' an;-1, in ncc.Urdnnc� with t1M plan; and specificatimis, c.,'a to nny .cc thr'_ %bove c.?ij:e-,, all ,vit,)in 12 months ifLer date on which 1.his rr)nLracz is •1^ceptefS')y tilt' f"I<'.', '_hp uncler-'zigled to reiinbru.;r tre 1✓Ity, unnn rJE!m ir• ], for Its xperis s . ir1Cured I'1 r'?r'Ortr)q :;nid „r'< to thn cmidition contemplated in --iid a;•]]i:Ct, inclJd:ny :he rQ5. of a" y F'Jc•`l eq--iip m.ent or materials reolaced and the CQat of removing, -nd nnv nt')er :inr! necessary to rnOKe ;i;f^i1 r�pi3cernent or repairs, or, ':} nn defn��n: )y . �iLy, t.o replace any such material and to repair said work co'nralntely without cost to the State so _`;at slid wor'{ '.vill function successfully as origir.:il:y contemp',•3Led. The Clty shall have the unqualifled option to final c any needed replacem,er`s or repairs itself or to h.lVe SL]C'j replacern. ents or repoi*5 7onf! i)y the ;;n�^".^,i.;1"`. ';n _he event the (:Ity elects to �)ove s-3id work performed by th2 unders"Ljne. , tl;e •-in !+er;i-,ned i1::r,!^s t!)qt L,)e -C,')at,s '."Mall be made and such fnntPri71[3 '1S .bra E"j J furniulw-d and initail".d w;t.�,in a rAsonn[')I? time after the re—ce pt of n_fna;lam fro:T, City. ff :tie !indArsigned shall fail or refuse to coin.p'y wit`, his oMi'gation.s under this ;.+aran:v, the Ci! y shall hP entitled to all costs and expenses, inciuding att'orney's Fees, rr.,113.111a5ly irlmirred by reason of titre said failure or refu-'al. June 4, 1985 Yalley Crest Landscape, Inc. 1920 S. Yale St-_______ Santa Ana, California _-onLractcr 1'11 5V5 5 3't P-9 0- 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET Paul E. Cook Director HARRIETT WIEDER PARK CC-602 ADDENDUM NUMBER 1 May 1, 1985 Notice to all Bidders: CALIFORNIA 92648 Public Works Department (714) 536-5431 The following revisions and additions shall be made to the bid documents: 1. The second paragraph on Sheet P-6 of the bid proposal packet shall read as follows: "The undersigned understands the contract time limit allotted for the contract is 180 consecutive calendar days." 2. The General Special Provisions of the Standard Specifications shall include the following additions, deletions and revisions: (a) These Provisions shall include section 6-9 "Li$uidated Damages" which reads as follows: Section 6-9 of the Standard Specifications for Public Works Construction shall be modified with respect to the dollar amount of damages per day. The daily sum due per day for each consecutive calendar day in excess of the time specified for completion of the work shall be as follows: Contract Amount Contracts up to $250,000 Contracts $250,001 to $500,000 Contracts $500,001 to $1,000,000 Contracts $1,000,001 to $1,500,000 Contracts $1,500,001 and over Dailv Sum Due Per Da $250 $300 $400 $500 $650 (Note: Section 10, Page C-6 of the sample contract, shall include this change in the liquidated damage schedule.) (b) The combined Single Limit Bodily Injury and/or Property coverage, as listed in Section 7-3.1 (Public Liability and Property Damage Insurance), is increased from $300,000 to $1,000,000.00. (Note: Section 18, Page C-12 of the sample contract shall include this change in insurance amunts.) (c) Section 7-3.2 "Builder's Risk and Installation Construction" coverage is deleted. • Harriett Wieder Park; OC 602 Addendum Number 1 May 1, 1985 Page 2 You are requested to acknowledge the receipt of this addendum below and'retuzn a copy of this addendum with your bid proposal. Very truly yours, Pau E.-Cook Director of Public Works This is to acknowledge receipt and review of Addendum Nwnber 1 dated May 1, 1985. It is understood that the revision of new documents shall be included in the bid documents. VAT.I.V�Y CRE ST LANP SCA_PE . INC. fly June 4, 1985 Date By - -... Dennis L. Rahn Branch Manager 2000 MAIN ST*T Pau! E. Cook p irector I -, Ig g -at. 0 M 0 v IND • • .�• CC-602 ADDENDu,4 NUMBER 2 May 22, 1985 Notice to all Bidders: CALIFORNIA 92648 Public Works Department (714) 536-5431 The following revisions and additions shall be made to the bid documents: 1. Re: SECTION 20.07, Water Meters, Page 49 of written specifications: The 3" water meter will be provided by the City; however, the Contractor shall Pick up the meter at the City's Water Warehouse, deliver to the project site and install per City Standard Plan Number 104. installation shall include any and all required appurtenances. 2. Re: SECTION 10.01, General, Page 26 of written specifications: The Contractor shall find a source of 7,200 cubic yards of fill and shall load, transport and place same at his own expense. 3. Re: SECTION 10.09, Imported Fill, Page 28 of written specifications: Contractor need not verify with Engineer the specific removal site of imported fill; however, Contractor shall eemply with all remaining portions of this paragraph. 4. Re: SECTION 12.03, Sand, Page 31 of written specifications: The City will provide the 290 cubic yards of sand; however, the Contractor shall load, transport and place same at his expanse. Sand will be obtained from the City beach on the ocean side of pacific Coast Highway, between Lake and Main Streets. Contractor shall notify Engineer 48 hours in advance of need. City Engineer will provide specifics as to the exact location of sand and the accept- able hours for removal operations. S. Re: SECTION 6.23, Temporary Fencing, Page 22 of written specifications: This section is changed to read as follows --"Temporary fencing has been installed by the City along the inside edges of sidewalks or curbs and open property; how- ever, a portion of the site (at the southwest corner) is not fenced and shall be, at Contractor's expense. All chain link fencing shall be protected in place by General Contractor and at his own expense. Contractor shall remove only the fencing installed, as part of this contract, at the end of the thirty (30) calendar day Plant Establishment Period, prior to starting the sixty (60) calendar day Post -Installation Maintenance Period. G. Re: SECTION 11.04, Storm Drain, Page 29 of written specifications: The storm drain pipe shall be constructed of R.C.P. (Reinforced Concrete Pipe) as noted on Sheet 14 of the working drawings. A.C.P. (Asbestos Cement Pipe) is not acceptable. IF �. Wieder Park/Addenduun #2 -2- May 22, 1985 7. Re: Pressure Treated Douglas Fir Posts for Park Identification Sign: These posts may be a natural gray, in color. - You are requested to acknowledge the receipt of this addendum by signing the form below; return a copy of this addendum with your bid proposal. ery truly yours, Paul E. Cook Director Public Works This is the acknowledge receipt and review of Addendum Mu ber Two, dated May 22, 1985. It is understood that the revision of new documents shall be included in the bj.d, documents. VALLEY CREST LANDSCAPE INC Company Name Ju a 4, 1985 date PEC:DN:ik by ' Dennia L. Rahn Branch Manager a CITY FUNDED PUBLIC -WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON'BEACH AND' VALLEY CREST'LANDSCAPE,'INC. FOR -CONSTRUCTION OF HARRIETT M. WIEDER PARK THIS AGREEMENT is made and entered into on this 17th" day of _ July. 19 85 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and VALLEY CREST LANDSCAPE, INC.; a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project; hereinafter referred to as "PROJECT," more fully described as the construction of Harriett M. Wieder 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 unforseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work; including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY; and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet( s) . 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site; and the conditions under which the work is to be performed; and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way; directly or indirectly, to the work covered by this Agreement. W "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1985 edition of Standard Specifications -for public Works -Construction, published by Builder's News; Inc:, 3055 Overland Avenue; Los Angeles, California 90034; and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and all addenda thereto, 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 3. 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, the sum of Two Hundred Ninety-six Thousand Six Hundred and Ninety-three Dollars and Fifty-seven Cents ($296,693.57) as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within One Hundred and Eighty (180) consecutive calendar days from the execution of this Agreement by CITY, excluding delays provided for in Section 11 herein: 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents: CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings; 4. details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete 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 5. 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 bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 6. workmanship, installation; fabrication; material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period; CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense: 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of consecutive calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of one hundred dollars 3300) per day for each 7„ and every working day's delay in completing the work in excess of the number of consecutive calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather; or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if; in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required 8 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, (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 9 0 9 conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time'Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however; the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. - Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards; in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for 10 • 0 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 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW; affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement. 16., AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in 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, agents and 12 . employees against any and all liability, claims, judgments; costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to property; arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by CITY, save and except those which arise out of the sole negligence or sole willful misconduct of CITY. CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 19. WORKERS' COMPENSATION'INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One -hundred Thousand Dollars (S100,000), at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall 13 • notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 16 of this Agreement. 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, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, 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; its officers; agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement; in an amount of not less than One -Million Dollars (t1,000,0000) combined single limit coverage. CONTRACTOR 14 . shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at; or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY: CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. - The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 16 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. - CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. DEFAULT -AND -TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an Ll assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 22. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications; drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 23. NON -ASSIGNABILITY CONTRACTOR shall not sell; assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 24. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. In accordance with California Government'Code Nil Sections 1090 et seq., but subject to the exceptions therein set forth, no CITY official or employee shall be financially interested in nor derive any financial benefit; either directly or indirectly, from this Agreement. 25. ATTORNEY'S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney's fees; costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR: CITY may charge an administrative fee of One -hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 26. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be 17 . 0 made, at the place of business of such party, or to any other place designated in writing by such party. 27. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 28. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: VALLEY CREST LANDSCAPE, INC., a California corporation Dennis Rahn, Branch Mana er " Uf?1Uf Carmen E. Reder, Secretary ATTEST- 4� City Clerk 7 Zg 1 IRS REVIEWED AND APPROVED: City Administr or JN:mf 0614L CITY OF HUNTINGTON BEACH, A municipal corporation —J, l o Mayor APPROVED AS TO FORM: Czty to n IN E17 AND APPRO D : 1 Director of Public Works 18. • HONT4b057-82-051751 KNOW ALL MEN BY THESE PRESENTS: That we, LABOR AND MATERIAL BOND VALLEY CREST LANDSCAPE, INC. AP1 R0 : D 1.S TO F OT.dH ; G6II TTUT_3 , City AttornOy ney as -principal, and AL COMPANY surety, are held and firmly bound unto the CITY OF HUNT INGTON BEACH, Orange County, State of Cal I fornla, In the sum of TWO HUNDRED NINETY-SIX THOUSAND SIX 9UNDRED NINETY-THREE AND57/0C lawful money of the United States, for the payment of which sum, we I I and truly to be ($296 , 693.57 ) made, we bind ourselves, Jointly and severally, firmly by these presents. The condition of the foregoing obligation Is such that whereas said principal has been awarded and Is about to enter into the annexed contract with the City of Huntington Beach, County of Orange, State of CaIIfornIa, and Is required by said City to give this bond In connection with the execution of said contract; NOW, THEREFORE, if the said principal as contractor In said contract, or subcontractor, falls to pay for any materials, provisions, provender or for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said surety will pay the same In an amount not exceeding the sun set forth above, and also In case suit Is brought upon this bond a reasonable attorneys fee to be fixed by the court. This bond Is executed pursuant to the provisions of Chapter 3 of Division 5, Title I, Government Code of the State of California, and shall Inure to the benefit of any and all persons entitled to file claims under Article 2 of Chapter 2, of Title 4, or Part 3 of the Code of Civil Procedure of California as now or hereafter amended. No premature payment by said County to said principal shal I exonerate any surety unless the City Council of said City shal I have actual notice that such payment Is premature at the time It Is ordered by said City Counci 1, and then only to the extent that such payment shaI I result In loss to such surety, but In no event more than the amount of such premature payment. WITNESS our hands this 1 7TH STATE OF CALIFORNIA, ) ss. County of Orange City of Huntington Beach day of July ___ _ , 1g 85 VALLEY CREST LANDSCAPE INC. Dennis Ra n , French Manager Principal EMPLOYERS INSURANCE OF WAUSAU A MUTUAL COMPANY Tresia Costello Surety On this day of _ , 19____ before me a Notary Public In and for said County and tate, personally appeared known to be to be the person who executed the within Instrument on behalf of the corporation therein named and acknow- ledged to me that such corporation executed the same. C-18 Notarial Acknowledgement --Attorney in Fact STATE OF CALIFORNTA ss. COUNTY OF LOS ANGELES } On this 17th day of July , 1985, before me, M. J. STANLEY, a Notary Public in 'and for said Los Angeles County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared TRESIA COSTELLO, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company and acknowledged to me that she subscribed the name of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company thereto as surety, and her own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the said county of Los Angeles the day and year in this certificate first above written. »mminuainmunnn nn/f rx mmilN OFFICIAL SEAL M. J. STANLEY NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY[110 My Commission Expires May Ul, 1989 Notar Public L Z Z M Y Z_ O tLI cr Z Q t— O Z 0 U) 2 f" No. 220-002- 0 0 8 6 2 EMPlMRSftURMCE:. OF WAFJW A !# ual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint Tresia Co.,;t>:.],T,t7....__.- its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF. INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF CONTRACTS. NOT TOEXCEED THE PENAL SLN OF TEN MILLION DOLLARS i$�the ion thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting; duly called and held on the lath day of May, 1973, which resolution is still in effect: "RESOLVED• that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached." IN WITNESS Ii�HEREOF . EMPLOYERS INSURANCE OF WAUSALT A Mutual Company has caused these presents to be signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 15 th day of November , 19_$0__. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company By R. D. Attest: Q 7,, - D. J. Borrell Assistant Secretary STATE OF WISCONS , Vice President ) ss. COUNTY OF MARATHON .1 On this l St-h day of November ,19 80 , before me personally came R. D. Farnsworth , to me known, who being by me duly sworn, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above written. r, A Donna Lutzow I Q Notary Public NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION IS PERMANENT STATE OF WISCONSIN ) CERTIFICATE CITY OF WAUSAU ) ss. COUNTY OF MARATHON ) I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the Citv of Wausau. Marathon County State of Wisconsin, this 17th day of July 19 B5 t•_SEArr D. J. Borrel Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, CALL TOLL FREE (800) 826-1661. (IN WISCONSIN, CALL (800) 4 72.0041). BOND #2057-82-051751 APPRO ; ED AS TO F017'_, : GtIL INUT'TON, C-ur �titto;ney FAITHFUL PERFORMANCE 80ND KNOW ALL MEN BY THESE PRESENTS: That we, VALLEY CREST LANDSCAPE, INC. as principal, and EMPLOYERS INSRRANCE OF WAUSAU A MUTUAL COMPANY surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, ORANGE COUNTY, in the sum of TWO HUNDRED NINETY-SIX THOUSAND SIX HUNDRED NINETY-THREE AND 57/100dollars (S 296.693.5Y, lawful money of the United States, for the payment of which sum, we I I and truly to be made, we bind ourselves, ,Jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said principal has been awarded and is about to enter Into the annexed contract with the City of Huntington Beach, County of Orange, State of California, and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, If the sold principal shall sell and truly do and perform al of the covenants and obligations as said contract on specified therein, then this obligation shall be null and void, otherwise It shall be and remain In full force and effect. No premature payment by said City to said principal shall exonerate any surety unless the City Council of said City shall have actual notice that such payment is premature at the time It Is ordered by said City Council, and then only to the extent that such payment shad result in loss to such surety, but In no event more than the amount of such premature payment. WITNESS our hands this 1 7th day of July, 19 65 VALLEY-CREST.LANDSCAPE,'INC, SW42_91 . eau, - Dennis Rahn, Branch Manager Principal EMPLOYERS INSURANCE OF WAUSAU A MUTUAL COMPANY Tresia Costel Attorney -in -fact Surety STATE OF CALIFORNIA, ) ss. County of Orange City of Huntington Beach On this day of 19 before me a Notary Public In and ^for said County and State, personally appeared known to be to be the person who executed the within Instrument an behalf of the corporation therein named and acknow- ledged to me that such corporation executed the some. C-17 Notarial Acknowledgement ---Attorney in Fact STATE OF CALIFORP?IA ) SS. COUNTY OF LOS ANGELES ) On this 17th day of July ► 19 84 before me, M. 13. STANLEY, a Notary Public in and for said Los Angeles County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared TRESIA COSTELLO, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company and acknowledged to me that she subscribed the name of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company thereto as surety, and her own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the said county of Los Angeles the day and year in this certificate first above written. punn Nelum uunu a nmm�eenrnlw�l4lwleell�lnlnuunlx! enrrnlnnlm unlN a I11 OFFICIAL SEAL M. J. STANL.EY NOTARY PUBLIC -CALF OINIA LOS ANGILE: CO'INTY [/ MV Commission Expires Miy 14. 1989 1 aYNNuuNYYWININ4NIP11{NNIIIINHNII411{II411WIIINNNN{HInN11NN1{I{WY.'.::�N=N11 ota Public STATE OF CALIFORNIA ss. COUNTY OF Orange 11 I OFFICIAL SEAL MATILDE L. LAVENANT K07ARY PUBUC-CALIFORNIA ORANGE COUNTY My Comm. Expires Jan. 6, 1989 On this 19th day of July , in the year 191—S-- before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis Rahn , personally known to me (or proved to me an the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal- �p I{ I ACKNOWLEDGMENT— Corporation —Wolco!ts FForm222CA-%—Nov. 5-82 Notary Public in and for said State. 01962 WOLCOTTS- INC- (priceCIM 8-2) I r J� a; Paul E. Cook Director CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 HARRIE'iT WIEDER PARK CC-602 ADDENDUM NUMBER 1 May 1, 1985 Notice to all Bidders: Public Works Department (714) 536-5431 The following revisions and additions shall be made to the bid documents: 1. The second paragraph on Sheet P-6 of the bid proposal packet shall read as follows: "The undersigned understands the contract time limit allotted for the contract is 180 consecutive calendar days." 2. The General Special Provisions of the Standard Specifications shall include the following additions, deletions and revisions: (a) These Provisions shall include section 6-9 "Liquidated Dams es" which reads as follows: Section 6-9 of the Standard Specifications for Public Works Construction shall be modified with respect to the dollar amount of damages per day. The daily stun due per day for each consecutive calendar day in excess of the time specified for ccupletion of the work shall be as follows: Contract Amount Contracts up to $250,000 Contracts $250,001 to $500,000 Contracts $500,001 to $1,000,000 Contracts $1,000,001 to $1,500,000 Contracts $1,500,001 and over Dailv Sum Due Per Da $250 .$300 $400 $500 $650 (Note: Section 10, Page C-6 of the sample contract, shall include this change in the liquidated damage schedule.) (b) The combined Single Limit Bodily Injury and/or Property coverage, as listed in Section 7-3.1 (Public Liability and Property Damage insurance), is increased from $300,000 to $1,000,000.00. (Note: Section 18, Page C-12 of the sample contract shall include this change in insurance amounts.) (c) Section 7-3.2 "Builder's Risk and Installation Construction" coverage is deleted. 4 rf ■ •" Harriett Wieder Park; Cc 602 Addendum Number 1 May 1, 1985 Page 2 You are requested to acknowledge the receipt of this addendur below and return a copy of this addendum with your bid proposal. Very truly yours, Pau E. Cook Director of Public Works This is to. acknowledge receipt and review of Addendum Number 1 dated May 1, 1985. It is understood that the revision of new documents shall be included in the bid documents. By/ June 4, 1985 Date CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Director HARRIET' WIEDER PARK CC-602 ADDENDUM NUMBER 2 May 22, 1985 Notice to all Bidders: Public Works Department (714) 536-5431 The following revisions and additions shall be made to the bid documents: 1. Re: SECTION 20.07, Water Meters, Page 49 of written specifications: The 3" water meter will be provided by the City; however, the Contractor shall pick up the meter at the Ciiy's Water Warehouse, deliver to the project site and install per City Standard Plan Number 104. installation shall include any and all required appurtenances. 2. Re: SECTION 10.01, General, Page 26 of written specifications: The Contractor shall find a source of 7,200 cubic yards of fill and shall load, transport and place same at his own expense. 3. Re: SECTION 10.09, Imported Fill, Page 28 of written specifications: Contractor need not verify with Engineer the specific removal site of imported fill; however, Contractor shall comply with all remaining portions of this paragraph. 4. Re: SECTION 12.03, sand, Page 31 of written specifications: The City will provide the 290 cubic yards of sand; however, the Contractor shall load, transport and place same at his expanse. Sand will be obtained from the City beach on the ocean side of Pacific Coast Highway, between Lake and Main Streets. Contractor shall notify Engineer 48 hours in advance of need. City Engineer will provide specifics as to the enact location of sand and the accept- able hours for removal operations. 5. Re: SECTION 6.23, Temporary Fencing, Page 22 of written specifications: This section is changed to read as follows --"Temporary fencing has been installed by the City along the inside edges of sidewalks or curbs and open property; how- ever, a portion of the site (at the southwest corner) is not fenced and shall be, at Contractor's expense. All chain link fencing shall be protected in place by General Contractor and at his own expense. Contractor shall remove only the fencing installed, as part of this contract, at the end of the thirty (30) calendar day Plant Establishment Period, prior to starting the sixty (60) calendar day Post -Installation Maintenance Period. 6. Re: SECTICV 11.04, Storm Drain, Page 29 of written specifications: The storm drain pipe shall be constructed of R.C.P. (Reinforced Concrete Pipe) as noted on Sheet 14 of the working drawings. A.C.P. (Asbestos Cement Pipe) is not acceptable. S_401. Wieder Park/Addendum #2 -2- May 22, 1985 7. Re: Pressure Treated Douglas Fir Posts for Park Identification Sign: These posts may be a natural gray, in color. You are requested to acknowledge the receipt of this addendum by signing the form below; return a copy of this addendum with your bid proposal. ery truly yours. Paul E . Cook Director Public Works This is the acknowledge receipt and review of Addendum Number Two, dated May 22, 1985. It is understood that the revision of new documents shall be included in the bid documents. ,June 4, 1985 date PEC:DN:ik CITY OF HUNTINGTON BEACH l � 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536-5431 HARRIETT WIEDER PARK CC-602 ADDENDUM NUMBER 1 May 1, 1985 Notice to all Bidders: The following revisions and additions shall be made to the bid documents: 1. The second paragraph on Sheet P-6 of the bid proposal packet shall read as follows: "The undersigned understands the contract time limit allotted for the contract is 180 consecutive calendar days." 2. The General Special Provisions of the Standard Specifications shall include the following additions, deletions and revisions: (a) These Provisions shall include section 6-9 "Liquidated Dama es" which reads as follows: Section 6-9 of the S Specifications for Public Works Construction shall be modified with respect to the dollar amount of damages per day. The daily sun due per day for each consecutive calendar day in excess of the time specified for completion of the work shall be as follows: Contract Amount Contracts up to $250,000 Contracts $250,001 to $500,000 Contracts $500,001 to $1,000,000 Contracts $1,000,001 to $1,500,000 Contracts $1,500,001 and over Dailv Sum Due Per Da $250 $300 $400 $500 $650 (Note: -Section 10, Page C-6 of the sample contract, shall include this change in the liquidated damage schedule.) (b) The combined Single Limit Bodily Injury and/or Property coverage, as listed in Section 7-3.1 (Public Liability and Property Damage Insurance), is increased from $300,000 to $1,000,000.00. (Note: Section 18, Page C-12 of the sample contract shall include this change in insurance amounts.) (c) Section 7-3.2 "Builder's Risk and Installation Construction" coverage is deleted. Har4etnWieder Park; CC 602 Wendum Number 1 May 1, 1985 Page 2 You are requested to acknowledge the receipt of this addendum below and return a copy of this addendum with your bid proposal. Very truly yours, Paul E. Cook Director of Public Works This is to acknowledge receipt and review of Addendum Number 1 dated May 1, 1985. It is understood that the revision of new -documents shall be included in the bid documents. �- az Date CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Director - HARRIETT WIEDER PARK CC--602 ADDENDUM NUMBER 2 May 22, 1985 Notice to all Bidders: Public Works Department (714) 536-5431 7 The following revisions and additions shall be made to the bid docur ents: 1. Re: SECTION 20.07, Water Meters, Page 49 of written specifications: . The 3" water meter will be provided by the City; however, the Contractor shall pick up the meter at the City's Water Warehouse, deliver to the project site and install per City Standard Plan Number 104. Installation shall include any and all required appurtenances. 2. Re: SECTION 10.01, General, Page 26 of written specifications: The Contractor shall find a source of 7,200 cubic yards of fill and shall load, transport and place same at his own expense. 3. Re: SECTION 10.09, Imported Fill, Page 28 of written specifications: Contractor need not verify with Engineer the specific removal site of imported fill; however, Contractor shall comply with all retraining portions of this paragraph. 4. Re: SECTION 12.03, Sand, Page 31 of written specifications: The City will provide the 290 cubic yards of sand; however, the Contractor shall load, transport and place same at his expanse. Sand will be obtained from the City beach on the ocean side of Pacific Coast Highway, between Lake and Main Streets. Contractor shall notify Engineer 48 hours in advance of need. City Engineer will provide specifics as to the exact location of sand and the accept- able hours for removal operations. 5. Re: SECTION 6.23, T2T22EM Fencing, page 22 of written specifications: This section is changed to read as follows --"Temporary fencing has been installed by the City along the inside edges of sidewalks or curbs and open property; how- ever, a portion of the site (at the southwest corner) is not fenced and shall be, at Contractor's expense. All chain link fencing shall be protected in place by General Contractor and at his own expense. Contractor shall remove only the fencing installed, as part of this contract, at the end of the thirty (30) calendar day -Plant Establishment Period, prior to starting the sixty (60) calendar day Post -Installation Maintenance Period. 6. Re: SECTION 11.04; Storm Drain, Page 29 of written specifications: The storm drain pipe shall be constructed of R.C.P. (Reinforced Concrete Pipe) as noted on Sheet 14 of the working drawings. A.C.P. (Asbestos Cement Pipe) is not acceptable. Wieder Park/Addench n #2 -2- May 22, 1985 7. Re: Pressure Treated Douglas Fir Posts for Park Identification Sign: These posts may be a natural gray, in color. You are requested to acknowledge the receipt of this addendum by signing the form below; return a copy of this addendum with your bid proposal. ery truly yours. Paul E. Cook Director Public Works This is the acknowledge receipt and review of Addendum Number Two, dated May 22, 1985. It is understood that the revision of new documents shall be included in the bid documents. i I. PEC:DN. ik R ETU H \ 'I'0: City (;f Huntington Beach Ins. & Oefl. Office 11, r). Iiox 190 iiuntinl. 013 Beach, CA 92648 CERTIFICATE OF INSURANCE* TO CITY OF HUNTINGTON BEACH, CALIFORNIA A MUNICIPAL CORPORATION Approved as to Form: Gall Hutton, City Attorney By: This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 30days prior written notice, by mail, to City of Huntington Beach, P. O. Box 711, Huntington Beach, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured VALLEY CREST LANDSCAPE, INC. Address of Insured 1920 South Yale Street, Santa Ana, California 92704 Location of Work or Operations to be performed Lynn Street & Praire Drive, Huntington Beach, CA Description of Work or Operations General Site Development VCL JOB #13-508 Santa Ana POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY Effective Expiration POLICIES IN FORCE POLICY NO. In Thousands (000) {INS3 'GENERAL LIABILITY [XI COMPREHENSIVE FORM 85GA956-851 0002 1,000 NATIONWIDE MUTUAL: 00 PREMISES — OPERATIONS 4/1/85 4/1/86 $ CSL Each Occurance INSURANCE COMPANY PQ EXPLOSION AND COLLAPSE HAZARD [XI UNDERGROUND HAZARD [XI PRODUCTS COMPLETED OPERATIONS HAZARD [XL CONTRACTUAL INSURANCE Not withsta ding any requir rnent, term, or ondition of any contract or other docu- ment with r spect to which this certificate ay be issued or maypenal ,the insur- IXL BROAD FORM ante affordf d by the policy (policies} describ d above is subject to all ol the terms, PROPERTY DAMAGE exclusions and conditions of such policy (policies) during the ter s) thereof. IN INDEPENDENT CONTRACTORS [)a PERSONAL INJURY AUTOMOBILE LIABILITY 85BA956-85 0001 NATIONWIDE MUTUAL JA COMPREHENSIVE FORM 4/1/85 4/1/86 INSURANCE COMPAVI 1,000 IX] OWNED CSL xr Each Otxrancs [XI HIRED IN NON -OWNED EXCESS LIABILITY #5736-00-1 - - 2443 WAUSAU INTERNATIO, 1)4 UMBRELLA FORM S 5,000 CSL INSURANCE COMPANY I i OTHER THAN UMBRELLA FORM WORK ERS'COMPENSATION 1878—C 7/1/78 Continuous Statutory SELF INSURANCE and EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach, as their interest may appear. Date July 17 1985 INSURANCE COMPANY C/O Fred S. James & Co. Nance Address City JAL HY TT ORRIZED�PIPE TIVE OF INSURANCE COMPANY E. Snedeker., VP 505 Sansome Street Address city San Francisco, CA 94111 hone (415) 983-5600 HOLD HARMLESS AGREEMENT a Corporation Ito be executed by insured) n The insured .agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished. *11) Sole Proprietorship (2) Partnership 13) ra ion (4) Other (state) HOLD HARMLESS SIGNED. By Insured: Title Dennis Rahn, Branch Manager (All names shall be printed of typed below each signature.) By Insured Carmen E. Rader, Secretary It Corporation, TWO Officers must sign, or present evidence of authorization to bind Corporation. ■ . . THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED i _201 .a STATE OF CALIFORNIA AGRICULTURE AND SERVICES AGENCY DEPARTMENT OF INDUSTRIAL RELATIONS NUMI3EIL_1L��. OFFICE OF THE DIRECTOR CERTIFICATE OF CONSENT TO SELF -INSURE VALIM CREST LANDSCAPE, INC. (a California corporation) THIS IS TO CERTIFY, That- Subsidiary..af_.IIdYDM4�ENTALNDUS'RIESt INCH - ls'78.... --_.-' - ' has complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Self -Insure. This_ ri-;l•t:f1rrate may be revoked at any time for good cause shown.* DATE] Ar SAN FRANCISCO. CALIFORNIA, '' DEPARTMENT OF INDUSTR L RELATIONS y� *�� 11 A STATE OF C IFOR �. �'+' - ` ; � THIS. 25th—DAY OF_ a1 e21.yrp 78 .,, Effective; July 11 1978 ?f f.e..._-.�.._-- `- DONALD VIAL A mi s r: �4 RiCHARD S. ANDERSOid � ►`� q V' °� 1�r2a er Self—�nsurany q Plafl� y y Ilevocatron or Certificate. —"A certi re:c c u ern en! n srl nrsmc rna �c ecru ec h thr Director of Industrial RA 1inns at an time for good cause after a hearing. good cause inclades, among other thin's:s, the impairuu•ot of the cnl�'cnc}• of sue:h cm�lmrr, the inalrilily of the'. crnplrryer to fulfill his ohlicitionc, or the practice Ly such employer or his agent in charge of the admirrislratiem of ohlivalions under this division of any of the following: (a) 11ahitually and as a matter of practice and custom inducing claimants lo: ('mnpr:nsalion to urcclrt Ic%c than the conlpVIISMiorc due or IIL'Ain}j it ncrrsi:rry for Ihcrn to rinsort lip prnccc:liTaus al;:rinsi the employer to secure the compensalinn duc; (b) I)isch,c1'011i; his ce�urlrrnsatiun ohliszations in a chtihnm•et m:urru'r; (r) Discharging his compensatiote uhli;';I60res in such a manner as to cause ininry to the tnhlie or Ilu>sa dealinr with him." (Section .3702 of Lihor Oido.) aas32.mrr ^ samunw-naw�w $. +ate :Cs mis­ air Q1 VD -MO WWw "�� eti �a,,..: . SHEET-LOFkSHEETS C7 0 CITY OF HUNTINGTON BEACKCALIF. BID SUMMARY SHEET FOR:-+�— Jj DEPARTMENT OF PUBLIC WORKS BIDS OPENEDJ.%.19�_� ENGINEERS ESTIMATE _�'� - � CC NO i4. AHFP No i[,1i I�I,:CY. 6t 4C. M BIDDERS y L �-}Oly PQ .4.2" Ti 5-r% c- No ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT c "i I t� f� i r L n� �. , Epp , �--� S. z + 5b 1e 5 00 1�C3Oo 2 C_(-�-7 ,e 1 6 (Z-, E - I N cam 4, kaos L . 5 . 9 I o 7, 7 3 5- 3 r n-r�� Q_►� 3 C • �(.20 p , I . S0 v dr? 3, 50 5, 7 0 6' 3.3 L 5,176. eo ;tire , 2`� n �� 7z�0 C• ' IZ.cb 67, ac�o. 5.10 316975' 5' & 6 44i96Z.50 73,71 L .so 1�2A,ILA ��f' 'F, 7. 50 2 55 . . 162S Z7 6 Z . 50 I a 00 1, 7 OQ 5 .� l 3, b S4.7D c�.;c�Z.. 'lA�- Fes: �I �5-70 S.F. �Oo i��lZ3� Z.4r 0.50 �,8a 11,�z� z.33 r5,�o8.10 c� - 1:5 13AQ tc,-FeA4-L. Ca.2 e-T ze-fl s.f. Z.C>O /4,560. 3.06 Z..4Lo4 c cc�-e � �T�s -7 Z_c�� .�f �.'�� 7 930• 4.LS 96Zb.2s 10-W 7,782,SD �',�jl I3,386.1 ID Ce�;c,��, � �cx ..:, -s4 Q, P �" 1 � �} �- F . 5 G� �('� 5Q S.�D � 74 4,L S 7 Lb7.5O �, !►p ?,4D 4B t �a 2 eT -a, Mc S' r P "� L F, 7,SD t9�-' �4o t9t. �,�o Ib5 4.$L 34g,�o V 750• Z9 S B 1B S q 60. 4350 600 1, 5cl)o PL-Fl t-'A SA4- Je4Imv C. y 9. 00 L, 2-5o. ! 1.65 3,37B.gv 1 L,00 '3,460 Ip .70 34,103 �e�►-�I4ti'�c�s i� t-A Z�R ��oc� 96 too 15'10. 1,800 1 zv a?40 �C acf�— ���t �,s 1S.OpQ 1'SS01'a3Z IZ,,5o4 Ii Slo TOTALS SHEET? OF-2SHEETS le CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: J. DEPARTMENT OF PUBLIC WORKS ' ^� BIDS OPENED 19_.. ENGINEERS ESTIMATE cc dZ AHFP No BIDDERS No ITEMS OF WORK QUANTITY UNIT rNesQ. I+s-T PRICE AMOUNT VAJ-.E'r c-ZFsT PRICE AMOUNT f4oNoo PRICE AMOUNT .4eT►s-r�[_ PRICE AMOUNT ' t�,✓tL (,� �� _ Cc� , . , '45.00 3015Q. 3�.� Z 4 I Zo 3SOP z.Z,,780 S. 442 f , ► 5 L ,S�o�.70. gdo 460o 100 e..,5bo 52- 4i760 400 I, ZOO y34. 113650. L 00• 4 00 . Zro 6 530 ISO. '3 Qo t. 5S 5 f O 7-z� �' aA z,0 :,NCO. '7 S �35d 5�0. 1100. 1i1g5 t-2.80 •Z. 400, 36 U 3 5 0 4 2L0 z '�-� -cY+�+ 9� 5. ..�5 103,945• .07 I IJZ.8.99 •Z3 43.4r�S,s5 .z 6 913c.10 2 II `• . re .� �_n �+ � ��a ! '/?,N���,,.; �- s S �5.00 4�iLSD. 11.340• �,330 110 .03 71.7-6 IiBi898,S0 566955 o I �- 004 00 2Z�L7$.ZD 7,551,10 clfr.4. .02.7 G5. 20 788.35 S,i4z,Ga G,37o. 3" Ufa" y'�i �w L•S, 3.��'c-• 7,570 'S400 34 0 0 f 5OQ '� 00 0 50p . ? A5 00 ]g Zgb 01,167 99 z94.65 47, 039.70 L-r� 12 *.' "s 5dO zoo too. TOTALS z9�r�y3•57Z99 �Z4•G��d7,f3�.7Q SHEET.3-OF.aSHEETS i • CITYOF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: _ �* DEPARTMENT OF PUBLIC WORKS y� BIDS OPENED 19 ENGINEERS ESTIMATE CCNc �d3'— AHFP NO Hl, •� 1ltif.iCY. 6F K M BIDDERS Au'le r>5'?f0vkL44 w&c>- Tr 2n/ A-nui-S AL.L eA/64C No ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 3z,50o Z Z' 5. 7 5q0 7, 17 G 9pv 3�,goo 3 lG30 e-y. 3,Q3� 6- 2.75.50 IQ10 lG,'IV3 4, 35 q70 7o661 4 72 TO C Y. C, to 46,400 5140 AO, (woo G,5o Q 7, ILA 4do 3 0► 8 3 i. q6 00d 45,0 7 9 5 4 4 ,00o q l ,boo !7o G►F. 9,zo I,564. J 1,G93 700 [�Iga )2.. Z,o'fc 7 C 57o al(,$Q.Io 1.4)0 483 I, BS l2i154•50 1.7 5 11 4g7,5o 8o 5,F. 1%56420 2.05' 14 'iZ4 -Z'00 141560 I-W vz,74•o 9 Z2.ses 51F 9. 10,i(IL(oo S.`0 12 GS4 S.vca J[,�LS 5�ov 11,�zS to r Sa o 1.-vF- q.'S o Id, 5 7 9 y. ZO G f} Zb 3►00 4 , 5g o 6.00 I I 3 c,7 L., r- q. 53 i 3 5.5 o q, 4o t 3 L- 7, oa 210 goo 150 tZ sue. rarer. -500. ;So. 990 eon. Goo 530. I,slo 13 �5c .. CaY. h'.qeo Iq.zo ldl 8 10,00. Z,tioo 11 . 31110 14 L, 14 k O 140 'qoo G o0 1"r IZ. EA.: Z 1 0 2-5 1 137.50 1,Ia 5O Loc>' ( LOP 175. 2--,1 00 16 L.S. [ 15 050 147-700 Z.,, s04 Z,90 4 3,,'Soo TOTALS -1 SHEET-1-OF-ESHEETS 0 CITY OF HUNTINGTON BEACH,CALIF. J� DEPARTMENT OF PUBLIC WORKS BIDS OPENED 19_ HIVTIr(,i0•. tl RCN No ITEMS OF WORK 41 18 +h 0 V BIDDERS Sv$ - -ro-rAL- - TEMPOCA Y r-EVe If✓Co L QUANTITY G7o 5 3 Z Z 18$�85 TOTALS BID SUMMARY SHEET FOR: ENGINEERS ESTIMATE ALL-1 Ep UNIT PRICE 4F• 3h.00 EA g b6 . 4X 3)5. E,k 2.50. cA• ! 11 S. 51 F Z57s. *.A. l'fiv,ao AMOUNT Z(o,13o . Zia z 5, I11Iss .. 2.LL'> 0 MI5. 4 S,&oo. 1y,654,1q S, 1 e17 .og S,*.%>10 ,7 SD 1, TOO 5i 5 oo 3115.7 7VA H-)44 wEST£eiv PRICE 4Z.90 47S a so o AMOUNT Ze,74'1 S,�Qo �roo Z�L4D .47Z 24r..zs 2a,78$ yS It,9115,c 1 2&4o S,-t l 4 112 To 3Zggx,tl Zso 19,0713 $z Imo' 32-9,► Z.C. Z` CC No 4 c) Z AHFP NO IAA-rNfS PRICE AMOUNT 32.on Z 11 IfjtO GSto. 3 Z4p 35O• 11 O50 2.2.6. 4 5 ( 1, Z.o30 3�s .2.t 41,57G.7o 7 51 71350 2.L.S. 4 72S 1, Soo 3000 400 559 1 b PRICE JAMOUNT I,caoo, • S�oc� goo, +, Soo- Z35• '47C l Zyo . Z g e o q35 .Z4 �[-53�61`f0 • + � !$,898,Sc� •o`�' 7,SS9,Ito moo. 5i�S8� l�ov 400 SHEETOF-LSHEETS i F] CITY OF HUNTINGTON BEACH,CALIF, BID SUMMARY SHEET FOR: _ J� flp DEPARTMENT OF PUBLIC WORKS / BIDS OPENED 19 ENGINEERS ESTIMATE CC NO b d Z- A H F P NO Ill,*fitifi0'6F ACM BIDDERS ABC? v C.AKL- Au O No ITEMS OF WORK GUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT l L S 3i.00o Zz, o00 !Z f 50 Z 2. S Z0 00 7, 53 0 7 soo 19 rb o q;1 L �,71 S.Lo 10. G, 300 4 7Z50 c-Y z5oocnk C.492_ A'9 "S L • 7 a 0 D � L S SO o+o o Gl, g4b 55 4� L- 6 170 to. t700 .5.54 1!"i.609Z- 7 4.570 5r- �. �S7 10 Z, 4 �G 65o•so 1.4� !L oL.is0 8 7 7$0 5.c t Lo 7.10 !717L • 3.o4 Ze.131.2 o 9 ZZ.aaS sf S . t 3 i 45� 4.2.1 1-. -0 l q- 74!5�1 fir 10 1S3 c tp 3 . 455 a S.zi 1-'7..Sgp I! o)i.50 11 7o LP" (p. 15o &Li 2.35.6' It '3 EA IZS. 37 S 3z-$ �3 113S149a) 7-3. Q° -- 13 p CY to. Zy$dG 31,16 2.1667-xo 60 756- k4 GS z oao y S' 500 I'S 1Z !� 1z.o. i 44o Io5 �L 1 27�.e�� 1�.5. 15tap 1G L 17 000 16/100 17 L,5 y �a0 'S r'3Z S 3 '339 TOTgLS SHEETSIOF-CaSHEETS 7 s 10 CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: J� DEPARTMENT OF PUBLIC WORKS Y� BIDS OPENED 19 ENGINEERS ESTIMATE CC No c) Z _ A H F P NO r+t,�ntirur. etu.M BIDDERS -rAY1.,,0e - AGmv4c L 10 Na ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PA ICE AMOUNT PRICE AMOUNT �7o 3o i 5v 37. Z,5 11t .6c� -ys.w; Z3,885.so ly dch $5 O • 4 Z 5'd z,7cw,, 0530 . 75-0. 5,750 io -3 cA 400 . L 60 G7 Z 900 140 i 4'So • 1, 3 5'0 ZI Z EA 250 • 500 -ml �4b,Su 27S'. Seso ZL Z EA tZ.Oo. Z ctav !'j42 484. Ii2il. ¢30 z� I i 4cc) 441. 4 9 o t4 1$BS85 SF .Zl }9 6%.86 .Z.-f5 Q(♦ 301, -5 .157 4 Sb7.l� u �, `' •iz L L7g.� •13� Zoo b79�y3 .ley^ 2i 73Z.Z$ `a( I 7.7 y8 &A 'So • Z e)Ia 64..10 G 477.00 t$ Z c Eh 300 G 30o z$ I 5.901 Z. 5 3•t9+� G�3ou S74. `� 7g 201 1 040�3 I 'reMQbf.A V. C r iE,uc- i+✓b LS 1 &oo 7 S' �d? �� TOTALS 3'ST 74. (i 0 7LIF i i 7 .36 17,e 15, e'j