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HomeMy WebLinkAboutA. J. Fistes Painting Co - 1996-02-20CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HumnNGMN BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETFENTION PAYMENT �CC— CD _ DATE: The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended.so long as no stop notices or outstanding invoices are on file with the City. DAN T. LLELLA, Director of Finance certify that no stop notices are on file on the subject at this time. Date: LE JONES, Public Works Director certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date:- CONNIE BROCKWAY,Jtity Clerk I certify that there are no outstanding invoices on file. Date: S " A - `l6 M,City Treasurer ` 0011042.01 03/14/95 12:57 PM IwIllp I have received Monument Bond No. 3SM 886 050 00-A. Dated: By: Oz A. J. Fistes Painting Company P. O. Box 469 San Pedro, CA 90733 i CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES Gail Hutton, City Attorney OCT 2 - 1996 ATER DIVISION HUNTINGTON BEACH A_ y9 RLS No. b Assn To-`t Date Date Request made by Telephone --]Water Department 9/10/96 Bert CarQ� 5269 operations INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request aEstatefacts necessar for City Attorney to res ond. Please attach all ertinent information and e TYPE OF LEGAL SERVICES REQUESTED: [ ] Ordinance [ ] Opinion [ ] Stop Notice [1 Resolution [ ] Lease [}d Bond [ I Meeting j) Contract/Agreement [) Deed [ ] Court Appearance [) Insurance [ ] Other Is Request for Preparation of Contract form attached? [ j Yes [ ] No Are exhibits attached? No If for Council action, If not for Council action, Signatu o De' rtment Head Agenda deadline desired completion date t Council Meeting 9 / 17 / 9 6 -- COMMENTS: Routing: Please approve attached "Maintenance Bond" submitted GM by A.J. Fistes Painting Co. Bond was requested by City Clerk's office to meet requirements for release of retention payment due A.J. Fistes Painting Co., who PDA has completed all the work attached to the--WSC-013 Deferred Maintenance contract (pipe paintin9). Please JCB forward approved documents back to Bert Cardon, Water Operations Division. AJF Thank you. SL Bert Cardon Water Division AFL Ext. 5269 TM WBS RCS WSA This Request for Legal Services has been assigned to attorney 17 ' .telephone extension ; i:..*, His/her secretary is ;rat: , extension Keep the goldenrod copy for your files. Please reference the above RLS number for inquiries. Notes Filename Date completed: WP No. RCS 2/28/92 Rev. American Motorists Insurance Company FIRST TERM PREMIUM FULLY EARNED Bond Number: 3SM 886 050 00-A PremitiK:E- MOM Perf. DEPT. OF PUBLIC WORKS MAINTENANCE BOND SEP 9 1996 WATER DIVISION ::.......:.. :....: ::... HUNT1NGTON;. B.WH,. CA KNOW ALL MEN BY THEE PRESENT$: That A J:.. Yuies:°PAintins. Cornpany as 'pfihdi�l�i, 'and AhIMCAN M©TORTM 115U'i_ANeE: :Pi<pEi a'a, organized iad existing under the laws of the -State of Illinois and duly authoiiied:to transact a generai.mrety business intie state of---QyJif6eWa hereinafter .:.bvdam. r;of mdln�B-th S-ThbdandNlhcadhSurety* » held -i 4; ............ ......... Hundred Seventy Six and 50/100t1is _b4I:GARS;G;9�S:Ii: - btwCut'inoily Qf ltie #7�iited States of America, for the payment of which sum well and,trulytobe'-made, we bind our$elyes�iiui.heirs, executors, administrators, successors, and assigns, jointly and k0erally firmly by these pteseotsx WHEREAS, on the xxxxx day of.mom 1996, the said principal entered into an agreement to the Obligee for WHEREAS, under the terms of the specification for said work, the- said Principal is required to give bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship for a period of one yeaKt) from and after the date of completion and acceptance of same.: NOW. THEREFORE; if tl►t said bne .y ;ft* and after the date of o6mpletitln,'and acceptance of same by said Obiigeet dace any and ail--de&M in�ald work resulting from defective materials or defective workmanship, then theabove obligation to be void;: otherwise to remain in full force and effect. SIGNED, SEALED, QATED: fiber 5, 1996 _ D41r0&i+� ` Atitl�ne3� InDIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375. 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (213) 257-8291 • FAX (213) 256-7218 Maintenance Bond - 07-31-96-96.dot �i�. QY ...^}�'N, q SF '.A;.ii:i•: �iS:j::ji:{...:r:!:i-:- s - �wu�r 9Yfi6:Gaci.::daw:a:.::i•:oi�::2i%i:::%�:x�:;%:i::::::r State of California County of Los Angeles 'SEP 051996. On before me, A. Melendez, Notary Public, NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ■Personally known tome -OR- ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ,_;r� . c0tvV�. a behalf of which the person(s) acted, executed the s :-{::�' �` instrument. 2 WITNESS my han and offs ial seal. k � ko I' (SIG TORE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL -ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES yC DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE L r—, WOOL MUM Qaw,nec AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 1 ER OF ATTORNEY Kuow All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angelo; , California Its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)*******^* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of octors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, -or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attornays-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of 'the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process. - This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held -on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the Presidmnt, any Vice Presid^.rt, cr their appcintses designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, nay be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: Q a§4 ... A. Grauzas, AMERICAN MOTORISTS INSURANCE COMPANY by J. S. Kemper, III, Exec. Vice President (OVER) ,�, , DECLARATION OF SATISFACTION OF CLAIMS state: 1. I the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entity fi�6-iG1 and dated 6W& 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") RM I declare under penalty of perjury that the foregoing is true and correct. Executed at on this �� day of ��y dew , 19945" (Signature f Contractor) &fouo upkashcon2 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on W4--s hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing 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 d Title ©GJ�� g:followup\cashconl ;, CITY OF HUNTINGTON 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 29, 1996 A. J. Fistes Painting Company P. 0. Box 469 San Pedro, CA 90733 CALIFORNIA 92648 A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds on WSC-013 - Deferred Maintenance Program at Various Locations. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department,436-5, - . Sincerely, e�� &"Owr Connie Brockway, CMC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copiesibonds, insurance g.folloliup\cashcon (Telephone: 714-536-5227 ) REQUEST FOR COUNCIL ACTION MEETING DATE: June 3, 1996 DEPARTMENT ID NUMBER: Council/Agency Meeting Held: Deferred/Continued to:� LrApproved ❑ Conditionally Approved ❑ Denied Cit I rk's gignatgre Council Meeting Date: June 3, 1996 Department ID Number: REQUEST FOR COUNCIL ACTION r_:1 1�3 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Q SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator�'� PREPARED BY: DUES M. JONES II, Director of Public Works SUBJECT: Notice of Completion of Work by A. J. Fistes P Co., Deferrec Maintenance Program, Water Service Contract 013 (WSC-013) Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Statement of Issue: T T A. J. Fistes Painting Co. has completed the painting and coating of bridge crossings as specified in the contract for Deferred Maintenance Program, Water Service Contract 013 (WSC-013). Funding Source: Sufficient revenues were authorized in the Fiscal Year 95/96 Budget, as follows - COUNCIL APPROVED ACTUAL EXPENDITURES E-EW-PW-932-3-90-00 $76, 765.00 $69, 765.00 TOTAL $76,765.00 $69,765.00 Recommended Action: Accept the work for'WSC-013 and authorize the City Clerk to file the Notice of Completion. FISTES.RCA -2- 05/22/96 5:48 AM REQUEST FOR COUNCIL ACTION MEETING DATE: June 3, 1996 DEPARTMENT ID NUMBER: Alternative Action(s): Deny request and direct staff on how to proceed. Analysis: On February 20, 1996, City Council awarded a contract to A. J. Fistes Painting Co. for painting and coating of water pipe lines at bridge crossings, under Deferred Maintenance Program Water Service Contract 013 (WSC-013). A.J. Fistes Painting Co. has completed all work specified within the contract; therefore, the Director of Public Works recommends the acceptance of the project and requests the Notice of Completion be filed by the City Clerk with the County Recorder's Office. Following is a summary of the contract costs: COUNCIL APPROVED ACTUAL EXPENDITURES Contract Amount $69,765.00 Construction Contingencies 7,000.00 TOTAL $76, 765.00 The project was completed within the budgeted amount. Environmental Status: $69, 765.00 $69, 765.00 The Deferred Maintenance Program, Pipe Painting and Coating of Bridge Crossings; WSC-013, has been determined to be categorically exempt pursuant to Class 1, Section 12301, of the California Environmental Quality Act. Attachment(s): 1. Notice of Completion 2. Request for Council Action of February 20, 1996, accepting bid from A. J. Fistes Painting Co., to perform work specified under Water Service Contract 013 N FISTES.RCA -3- 05/22/96 6:12 AM REQUEST FOR COUNCIL ACTION MEETING DATE: February 20, 1996 DEPARTMENT ID NUMBER: Council/Agency Meeting Held: O ty Deferred/Continued to: Qll�Approved ❑ Conditionally Approved ❑ Denied City Clerk's Si ature Council Meeting Date: February 20, 1996 Department ID Number: REQUEST FOR COUNCIL ACTION A� � SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: *ES M. JONES II, Director of Public Works SUBJECT: DEFERRED MAINTENANCE PROGRAM, PIPE PA rr1ATIMr. ru RRin(,F r`Rr1CCIMr,C• %A/Cr`-r VZ AND Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachments) Statement of Issue: Pursuant to City Council authorization on December 18, 1995, bids were received on February 6, 1996, for Deferred Maintenance Program, Pipe Painting and Coating of Bridge Crossings; Water Service Contract 013 (WSC-013). Funding Source: Sufficient funds are available in FY 95/96 Operating Budget in the unencumbered amount of $100, 000.00. Recommended Action: 1. Accept the low bid submitted by A. J. Fistes Painting Co. and authorize the Mayor and City Clerk to execute the attached contract in the amount of $69,765.00. 2. Authorize the encumbrance of an additional $7,000.00 for construction contingencies. WSC013.RCA !Pa 02/07/96 11:01 AM�� REQUEST FOR COUNCIL ACTION MEETING DATE: February 20, 1996 DEPARTMENT ID NUMBER: Altemative Action(s): Deny request and direct staff on how to proceed. This option would preclude the Water Division from embarking upon this portion of the Deferred Maintenance Program, as directed by City Council through adoption of its FY 95/96 Budget. Water pipelines crossing the bridges in the City will continue to corrode and deteriorate. The pipelines will eventually fail and cost more to replace than to perform the work requested at this time. Analysis: On December 18, 1995, the City Council approved contract documents and authorized the Director of Public Works and the City Clerk to solicit bids for WSC-013. This phase of the Deferred Maintenance Program will correct problems at bridge crossings within the City due to corrosion and lack of painting and recoating in prior years. This is a one-year project and expense, completion of which will bring the condition of the water pipelines within standard guidelines. Upon completion, the pipelines will not need recoating for approximately ten years. Bids for WSC-013, as summarized below, were received and opened on February 6, 1996: Contractor Base Bid 1. A. J. Fistes Painting Co., San Pedro, CA $69,765.00 2. The IPW System, La Habra, CA 84,342.50 3. South West Coatings, Inc., Long Beach, CA 91,087.50 4. Techno Coatings, Anaheim, CA 175,233.00 Engineer's Estimate Environmental Status: $100, 000.00 The Deferred Maintenance Program, Pipe Painting and Coating of Bridge Crossings; WSC-013, has been determined to be categorically exempt pursuant to Class 1, Section 12301, of the California Environmental Quality Act. WSC013.RCA -3- 02/07/96 10:42 AM SAMPLE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE DEFEKKED MAINTENANCE FKU(jFAM AT VARIOUS LOCATIONS (WSC-013) Table of Contents Section Page 1 Statement of Work; Acceptance of Risk 1 2 Acceptance of Conditions of Work; Plans and Specifications 2 3 Compensation . 3 4 Commencement of Project 4 5 Time of the Essence 4 6 Changes 4 7 Notice to Proceed 5 8 Bonds . 5 9 Warranties 6 10 Independent Contractor 6 11 Liquidated Damages/Delays 6 12 Differeing Site Conditions 8 13 Variations in Estimated Quantities 8 14 Progress Payments 9 15 Withheld Contract Funds, Substitution of Securities . 9 16 Affidavits of Satisfaction of Claims 10 17 Waiver of Claims 10 18 Indemnification, Defense, Hold Harmless 10 19 Workers Compensation Insurance 11 20 Insurance 11 21 Certificates of Insurance; Additional Insured Endorsements . 12 22 Default and Termination 12 23 Disposition of Plans, Estimates and Other Documents 13 24 Non -Assignability 13 25 City Employees and Officials 13 26 Stop Notices; Recovery of Administrative Costs 13 27 Immigration -14 28 Notices 14 29 Captions 14 30 Legal Services Subcontracting Prohibited 14 31 Entirety 15 ftNG:Agree:W SC-013\11 /21 /95 RLS 95-723 I 7- SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS (WSC-013) THIS AGREEMENT, made and entered into this day of 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Deferred Maintenance Program at various locations in the City of Huntington Beach, Sunset Beach, and unincorporated areas the City serves; 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: STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, materials, tools, equipment, supplies, transportation, and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the GA\s\A8ree:WSC-013 RLS 93-723 (11 4 WE 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 propogal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, 2 GA\cWgree: W SC-013 RLS 95-723 CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Bid Proposal Form are attached hereto; 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, Water Division, of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMNIENCENIENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TPJE 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 coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 G:41s\AVee:WSC-013 RL8 95-723 4�Vw Eft) # ") r I When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOWs faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 5 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which 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, 6 G:4kWgee:WSC-013 RLS 95-723 and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and 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) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall 8 (3:41c ee:WSC-013 RIS 95-723 �E 0) '0 11 r 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 (0/o100) 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. GAW4preeMSC-013 RLS 95-723 E 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION. DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOM property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 10 GAV Ag ee:WSC-013 RIS 45-723 E I -r 13 r 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or -completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate 11 GAAAgreeMSC-013 RLS 93-723 F. ") * I C/ coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERNIINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to 12 G:4Ns1Agree:WSC-013 RIS 95-723 % r terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES. RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, 13 GAV1 Ag ee:WSC-013 RLS 95-723 7 0 16 or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. RVMGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such Party- 29. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 14 €t 5AsWgree:WSC-013 `-<: --'RLS 95-723 IE q) 'I I ) Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: print name ITS: (circle one) Chairman/PresidentfVice President Mayor BY print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator (3AMg=:WSC-013 RIS 93-723 15 ATTEST: City Clerk APPROVED AS TO FORM Citv INITIATED AND APPROVED: Director of Public Works I Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder WHEN RECORDED MAIL. TO: III II III I IIIII IIIII IIIII IIIII I III III 111111111111111111 No Fee CITY OF HUNTINGTON BEACH 19960347145 09 ; 53am 07/09/96 Office of the City Clerk 005 29003991 29 04 P.0.Box 190 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to A. J. FISTES PAINTING COMPANY who was the company thereon for doing the following work to -wit: Painting and coating of bridge crossings as specified in the contract for Deferred Maintenance Program, Water Service Contract 013 (WSC-013): Easement IT That said work was completed June 3,1996 by said company according to plans and specifications and to I P the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by 2fJ the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, _ ,C June 3,1996. w� That upon said contract Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this I1th day of June 1996. s\Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA. ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-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 11th day of June, 1996.. s\Connie Brockwa a�d7 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:T01l0WUPW-LT1g8 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 3, 1996 Gary L. Granville, County Clerk -Recorder P. 0. Box 238 Santa Ana, CA 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a corrected Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, L� Connie Brockway City Clerk CB:cc Enclosures g:\ccVnscplltr ( Telephone: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to A. J. FISTES PAINTING COMPANY who was the company thereon for doing the following work to -wit: Painting and coating of bridge crossings as specified in the contract for Deferred Maintenance Program, Water Service Contract 013 (WSC-013): Easement That said work was completed June 3,1996 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, June 3, 1996. That upon said contract Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 11th day of June 1996. V zu s\Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-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 I Ith day of June, 1996.. s\Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California gAfollowup\nscplgs CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND A. J. FISTES PAINTING COMPANY FOR THE DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS (WSC-013) Table of Contents Section Page 1 Statement of Work; Acceptance of Risk 1 2 Acceptance of Conditions of Work; Plans and Specifications 2 3 Compensation . 3 4 Commencement of Project 4 5 Time of the Essence 4 6 Changes 4 7 Notice to Proceed 5 8 Bonds . 5 9 Warranties 6 10 Independent Contractor 6 11 Liquidated Damages/Delays 6 12 Differing Site Conditions 8 13 Variations in Estimated Quantities 8 14 Progress Payments 9 15 Withheld Contract Funds, Substitution of Securities . 9 16 Affidavits of Satisfaction of Claims 10 17 Waiver of Claims 10 18 Indemnification, Defense, Hold Harmless 10 19 Workers Compensation Insurance 11 20 Insurance 11 21 Certificates of Insurance; Additional Insured Endorsements . 12 22 Default and Termination 12 23 Disposition of Plans, Estimates and Other Documents 13 24 Non -Assignability 13 25 City Employees and Officials 13 26 Stop Notices; Recovery of Administrative Costs 13 27 Immigration 14 28 Notices 14 29 Captions 14 30 Legal Services Subcontracting Prohibited 14 31 Attorney Fees . 15 32 Entirety 15 4\s\G A g re e: W S C-013\219/96 RLS 95-723 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNT INGTON BEACH AND A. J. FISTES PAINTING COMPANY FOR THE DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS (WSC-013) THIS AGREEMENT, made and entered into this 7th day of March , 1996, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and A. J. FISTES PAINTING COMPANY, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Deferred Maintenance Program at various locations in the City of Huntington Beach, Sunset Beach, and unincorporated areas the City serves; 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: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, materials, tools, equipment, supplies, transportation, and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in G:44\Agree:WSC-013 RLS 95-723 accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by.Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 2 o:4a\Agcee:WSC-013 RIS 95-723 chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Bid Proposal Form are attached hereto; 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, Water Division, of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Sixty Nine Thousand, Seven Hundred Sixty Five Dollars ($69,765), as set forth in the Contract Documents, to be paid as provided in this Agreement. 3 0:41aWgree:WSC-013 RIS 95-723 4. CONSIENCEMENT 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 ninety (90) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to -make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 G:4\S\Agree:WSC-013 RIS 95-723 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work 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. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. S G:4\s\Agree:WSG013 RLS 95-723 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Three Hundred Dollars ($300) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, 6 (iAalA :WSG013 RLS 95-723 and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 7 G:4\s4Agree:WSC-013 RLS 95-723 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of (a) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities fisted 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 fisted in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall GA\m\A ee:WSC-013 RLS 93-723 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 m6ke 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 9 G:4\a\Ag+ee:WSC-013 RLS 95-723 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION. DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOM employees and damage to CONTRACTOM property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 10 G:4\s\Agree:WSG013 RLS 95-723 19. WORKERS COMPENSATION INSURANCE Pursuant to.California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate 11 GA\&e Ag ;WSC-013 RLS 95-723 coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERNIINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to 12 G:4\S\Agree:WSG013 RLS 93-723 terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, 13 G:4\s\Agree:WSC-013 RIS 95-723 or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. DA IIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 14 G:41s\Agree:WSC-013 RLS 95-723 Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY FEES In the event. suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 32. 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 offices the day, month and year first above written. A. By: COMPANY Fistes, proprietor VED: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California GCrcr- Mayor Al ]FESI: City Administrator 40e;' 00, City Clerk APPROVED AS TO FORM: yd City Attorne �9��G r e -V T_ ATED AND APPROVED: Director of 15 G:4\sWgree:WSC-013 RLS 95-723 Works 02/07/1996 15:00 13105481346 JRZ CO INC PAGE 02 - RD,,: CERTIFICATE OF U ABILITY INSURANCE 27- 6 7-9b �RODucER THIS CERTIFICATE 13 ISSUED AS A uArw OF INFORMATION .lames R. Tupke ITIr:t r;I: SerV., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 388 West 7th Strem�t HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Pedro, CA 90731 - COMPANIES AFFORDING COVERAGE (310) 548-1959 COWANY s A Calvert Insurance Company BRED COMPANY y AJ Fistes Painting Gom;AFlny a Cal Comp Insurance Co (' PO Box 469 COMPANY I San Pedro, CA 90733 C COMPANY ..._....._......_.......,.......... COVERAGES THIS IS TO CERTIFY THAT TH@ POL n I, . -?I-• INSURANCE LISTED BELOW HAVE SEeN *SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEH fI INDICATED, NOTWITHSTANUINA; ANNI +I• �7JOtF{EMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH rlll!. CERTIFICATE MAY 8E i55VECr .7FI R+.• Ff4TAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCFISED HEREIN IS SUBJECT TO ALL THE TE l 0 EXCLUSIONS AND CONF)IT!C)NS ()I ' .' ' PIN ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C LMMS. LCO TYPE OP MSVRANCE _... GENERAL LIABILFTY X COMKROIAL GENERAL I1ARII.I�' A CLAIM�� BMADE X iIFI OWNERS a CONTRACTOWL'. rdI r - -M AUTOrOVILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS MRfO AUTOS NON -OWNED AUTOS ~ 64RAQE LIABILITY ANY AUTO EXCESS UABFLITV UMBRELLA FORM OTHea THAN UMBRELLA FVIW WORD COMPENSATION AND [MPLQYERS' LIABILITY B I" PROPRRSTOW ,w;• PARTNERS/EXECUTIVE O"&CER$ ARE' X tam l _^ -OTl1EF1 MUCY E"KTIVE VEXPIRATIONICY EXPIRATION POLICY NUMBER DATE (WM)U YY) DATE (MWOWrf) lei GENEK4L AGGREGATE. • $1, 000, 000 nmooUCTS • COUP/OP AM' $1, 000 , 000 040063 7--8-95 7-8-96 PERSONAL a ADV INJURY ! t 1, 000 , 000 001 00"AEWA I $1, 000 , 000 FETE DAMAGE (Any a+. fir.) J $ 50, 000 NEo EXP lAry ww Pm") 3 1,000 AP1'ROYLD AS TO FORCOMBINED SO4LE LIMIT E �t�orn (SAIL HUTTON, City900ILYINWRYH/A BY: Deputy City Attorney ADD'L. INSI:IRrB_.ENDORSEMEN.T_.PMPJ CK N/A NIA C, 'in]02994 N/A xsC1 0nON of OPERATMS LOCA7*WVEMCLES-a'ECIAI. IfS The City of Huntington its :EII FICATE HOLDER City of Huntington 1CORp MS (1/95) 9-7-95 9-7-96 oODILY INJURY i = (Prrr ancFOFMf I PROPERTY DAMAQE E AUTO ONLY - EA ACCIDENT i E OTHER THAN AUTO ONLY• I..... EACM ACCIDENT' t ~ --- _ AGGREGATES_. EACH OCCURRENCE _ AGGREGATE E - TOAY LIMI $ ER f�r1 EL EACH ACCIDENT i I, 000, (1C)f1 EL DISEASE - POLICY LIMIT ° $ 1,000,M) EL D15Elm`JE; EA EMPLOYEE' $ 1� W , 0(110 agents, officers, employees are named as additional insureds, PmOYLD ANY OF THE ADO" DgCRORD POUG[s R CANOEL.LEO KFORF THE EXPEIATION DATE THEREOF, T,IE IEEUwe COMPANY WILL j"ReMR NAIL -30 - DAYS WRITT[N NOT49 TO THE C017111FICATE HOUXII NAIIEA TO THE LEFT ' :llGtS!'R�!'JF�t's�nsi[I�Dtoo IIQI IR'h( X i >DIUCAIO(%14107LS�#IUQ AVT/1011RED REP11Ea50ftAk i 7M: ORATION 19,36 NUM THIS ENDM ADMION Two •adorssassrnt CQ:t1lilltCt�1! al Noma of Pour or CM OF HUI� 2000 MAIN ST as aPPIkubts to lb, WHO IS AN uYBi+ kbidtrle, but only R; GI. 040063 COMMERCIAL ClFxERAL LIABILITY MENT CHANGES THE P0I.1CY, PLEASE READ IT CAREFULLY. L INSURED - OWNFX91 LESSEE'S OR CONTRACTORS (FORM a) Ru insurance Pravid+d vad.r the lbllowi:y; L LLtSUITY C0VWtAQj ►ART. t �. . . . . . . . . . . . . . srfiEDUL6 s BEACH, IT6 AGSM, UPMERS AND EMMOVI " CA 92648 *s InfomMioo requhd to coopWs this sador>t aso will tw stbown to lib# Warodual orwnw+t,! (Awdon iA Is sawd#4 to lodida M as Waw4d thr p.rwo at oel"isation r,>ktown is tdr reopen to lbb9ky &rWm our of "your warty" fa- *0 Lawrod by or for you. CO 20 10 11 85 11 Copyright Insurance Setwicej U(Aw Ini�. 1984 I have received Public Works Pprfnrmanna Rana & Pliblir Works p wment Bond for Deferred Maintenance Program at Various Locations - WSC-013 on behalf of the Treasurer's Office. Dated 7 , By: A. J. Fistes Painting Company P. 0. Box 469 San Pedro, CA 90733 :.:.:::.:::. State of California County of Los Angeles On FEB 26 1996 before me, A. Melendez, Notary Public, NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ■Personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the a000da•ooe000wooe000wwewe000•roo•' A. MELENDEZ instrument the person(s), or the entity upon o COMM. #1077910 R behalf of which the person(s) acted, executed the S ° y�i NOTARY PUBUC CALIFORNIA 2 instrument. 2 _ My Comm. Expires November 19,1999 • o _ s °�fezeowowwwowoowoowwoowos000wowosooi WITNESS my han and official seal. (SIGNATURE OF N VRY) f)PTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY -IN -FACT ❑ TRUSTEE(S) FEB 2 G 19% ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE American. Motorists Insurance Company PREMIUM BASED ON FINAL CONTRACT PRICE Bond Number : 3SM 886 050 00 Premium : $1,395.00 RECEIVED ;:EPT. OF PUBLIC WORf,, PUBLIC WORKS PERFORMANCE BOND"� 2 ahid willmore hilly appear in contract, reference to which is hereby made. NOW, 'THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH; That, if the above Bounden Principal shall well and truly perform,: or cause to.be. performed; .each:and:all:of the requirementsand obligations of said contract this bond shall be null and void, otherwise it shall remain in full force and effect. SIGNED,. SEALED DATED:. February 26, 1996 A.J. `stes fainting Company American Motoris ce Company (Principal} By. By:. . I N q STA S I o S Ti s7 F .t — Dav d NoddT ;Attorney In Fact o wns6 1?- In DIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (213) 257-8291 . FAX (213) 256-7218 Public Works Performance Bond-2-12-96.dot American. Motorists Insurance Company Bond Number : 3SM 886 050 00 PUBLIC WORKS PAYMENT BOND By: /A Z A kY ' " By: I/ViSTIs10s oddle, Attorney In Fact i DIRECT CORRESPONDENCE TO LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (213) 257-8291 • FAX (213) 256-7218 Public Works Payment Bond-2-12-96.dot ...... ........... .................... .... :.:. :..;:........: •:: :.: ....::. ..::. vv: rx vvvvv• vcv-•ivy h\+?vv n:i'i{{ti hlnii{•:{•iY{:•i. :.'.:':ibr{::}:{{•i:{•fiC{{{{:i{{{vvh:•: ii%ryititi:Y>.:}:i::i� v vi'':1.s:v}{i:Y :Y.^-.{: :•:;.: �::�v'r t'rv::{.: v\vni:•iii:?::{{::i•.�::{s'.i\•hi.'•:•ii%i :{•: r:{tii{i:4: {;ti ...{..:R v::; •: x�}::::': '•r i:viY:{:ni:•:i:i. .;i}t{Yiv=i'-::i':iviiiCi::i: ���ys ���yy �y+k, �`.'vili}��::titi�:vifri.%•:::tiv'-::4:n.,U'nvii�i:'::::::?•,h,.::i}v.::::i{'::::v :{{iiry... :.Y �T!�::. ....,.:'i:.�.:.: `lTk:•-...•:•.:..:'•■.1.i•.'..•.•......v-:1C.}c.Y.•�.: n{vv: :.: nvmnxx .... v-' n.... n.......:�.::: � ��JF�� .. n.^R •i..: .ftv.-..;:ivxvShhn•.v:: xr:{:x n.... Y.t' vvi :n:n.... •4:::::::v ..... State of California County of Los Angeles On FEB 26 1996 before me, A. Melendez, Notary Public, NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ■ Personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon A. MELENDEZ behalf of which the person(s) acted, executed the Co tlhl. #1077910 A • a NQT:;V PUBLIC — CADFORNIA instrument. t 'N LOS;;%.GELES Z WITNESS my hand and official seal. W , I vfl d (SIGNATURE OF TARP) OP—PONAL- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER . TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES FEB 26 1996 DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California its true and lawful agent(s) and attorney s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 19" at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, -or any Vice President, or their appointees designated in writing and filed with the Secretary, rr the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute -on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, am certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to b4 valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: W. A. Grauzas, 0 AMERICAN MOTORISTS INSURANCE COMPAN J. S. Kemper, III, Exec. Vice Preside (OVER) SECTION C PROPOSAL for the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS PIPE PAINTING & COATING OF BRIDGE CROSSING PROGRAM WATER SERVICE CONTRACT No. WSC-013 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. B-4 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 7 380' of 8" water line to be retaped or recoated ea @ Nitre Thasarr3 Nine 1 xdred Fifty-nnim Dollars $ 9,959.00 $ 48, 713. 00/00 Cents Per ea 2 11 1050' of 12" water line to be retaped or recoated ea @ Nine TMUMnd Cr a Htn and TwMtY Dollars $ 9,720.00 $ 100, 320. 00/00 Cents Per ea 3 1 260' of 8" water line to be painted ea @ Nine ']hausand Nine H=cked Fifty Dollars $ 9,950.00 $ 9, 950. 00/00 Cents Per ea 4 1 100" of 14" water line to be repainted ea @ Nine Thousand Dollars $ 9, 0M.$ 9,000 00/00 Cents Per ea 5 1 135" of 16" water line to be retaped or recoated ea @ Seven Thousand Two Hundred Dollars $ 7,250.00 $ 7,250. fifty Cents Per ea 6 @ Dollars $ $ Cents Per 7 @ Dollars $ $ Cents Per 8 @ Dollars $ $ Cents Per 9 @ Dollars $ $ Cents Per Total ount Bid in Figures-.--y Figures-.--175 233. Total Amount Bid in Words: even One Hundred Seventy five Thousand Two HunaEgI Tff!'rEy- fired az5=ars------------------------------------------------------------- ------------------------------------------------------------- C-1s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder' s Bon4n the amount of $ 20, 000.00 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature N/A C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Glass 75% Multiple Plant Services, Inc. 384796 A, B, C-33 1339 Alec Street, Anaheim, CA 92UUb WBE Certified Company By submission of this proposal, the Bidder certifies: 1. That he to and will perform the balance of all work which is not covered in the above suboontlactors listing. 2. That the,4G1CY will be furnished copies of all subcontracts entered into and bonds furnished by,s4pcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Michael Birney , being first duly sworn, deposes and says that he or she is President of Techno Coatings, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Techno Coatings, Inc. Name of Bidder of Bidder 1391 Allec Street, Anaheim, CA 92805 Address of Bidder Subscribed and sworn to before me this 6th day of February , 1996 REBECCA WIU AMS CommlWon # 10796b7 i Notary Public — California Orange County My Comm. Expires Doc 3.1999 NOTARY PUBLIC I \Pyl 0,('116- NOTARYSEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS, Pipe painting and coating of bridge crossing program (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 2/6/96 Techno Coatings, Inc. Contractor Michael Birney President - Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or -completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes x)U No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 2/6/96 Techno Coatings, Inc. Contractor llz:�� Michael Birney President Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor I2 Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Techno Coatings, Inc. Bidder Name 1391 Allec Street Business Address Anaheim CA 92805 City, State Zip lipne 'aVo� .e �0 �Ka■-' � 1 7 635-1130 Number A, B, C-33 State Contractor's License No. and Class 1974 Original Date Issued 09/30/97 Expiration Date The work site was inspected by Tom Hutchinson of our office on February 2 , 199 6 . The following are persons, firms, and corporations having a principal interest in this proposal: Techno Coatings, Inc. Michael Birney - President Donald G. Watson - Secretary C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Techno Coat" c. Company N e Anature of Bidder Michael Birney Printed or Typed Signature Subscribed and sworn to before me this 6thday of February NOTARY , 1996 1 REBECCA WILLIAAA Commbdon i 1079W Notary Public — CaNlbiNp Orange County My Comm. ExO ee Ora S. M9i NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Department of Water and Power P.O. Box 111, Room 1031, L.A., CA 90051-0100 Name and Address of Public Agency Mead Adelanto Project Name and Telephone No. of Project Manager: Brian Koch (213)367-0051 $75,000.00 Pipe Coating/Poles 12/95 Contract Amount Type of Work Date Completed 2. Nevada Power Company Box 230, Las Vegas, NV 89151 Name and Address of Public Agency Name and Telephone No. of Project Manager: Phillip Kobett (702) 367-5000 $350,000.00 Pipe Coating 06/94 Contract Amount Type of Work Date Completed 3 76 Products Company 1660 W. Anaheim St., Wilmington, CA 90744 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jerry Walker (310) 952-6059 $250,000 Pipe Coating 11/95 Contract Amount Type of Work Date Completed C-10 / SEALED BID RECEIVED FOR CiT'. Ci.E1sK C.?TY Dv DEFERRED mAINTENANCE PRocmm AT vARIOUS LocATIONS FED 12 l' $ PIPE PAMING AND MATING OF BRIDGE CROSSING PROGRAM in the City of Huntington Beach — DO NOT OPEN WITH REGULAR MAIL a I 1 ff 1• �I r j cl-eAVIO contiVLraS 1391 ALLEC STREET ANAHEIM, CALIFORNIA 92805 F u� U(m CITY OF HUNTINGTON BEACH City Clerk Second Floor 2000:Main Street Huntington Beach, CA 92648 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; l am over the age of eighteen years, and not a party to or interested in the below entitled matter, i am a principal clerk of the HIJNTiNGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and, published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: January 25, 1996 February 1, 1996 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 1, 199 6 at Costa Mesa, California, Signature "PUU[(C NO E — SECTION A NOTICE iNWING SEALED BIDS for the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS PIPE PAINTING A COATING OF BRIDGE CROSSING PROGRAM WATER SERVICE CONTRACT NO., WSC-01S In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS Main xnia 926415, UP to Yre of 2:00 P.M. on Febru- 3 1996. Bids will be dy open In the Coun- hembers unless other - of the Plans, me and contract i are available )Nice of the DI - Public Worts, table fee tf picked up, rraayymmeent of a 56.00 rrors- ndable fee If mailed. y contract entered Into iva this Ms nonce will Kpo god the provl8kurs he State Labor Coda. ,want to the provisions he Labor Code of the e of California, the min- a prevailing rate of per n wages for each ash, wdficanon or type of kman needed to ex to the contract shall be se determined by the actor of Industrial Role- s of the State of Qdlfor- which are on file at the co of the Director of Ale Works, 2000 Main ref, Huntington Beach, 92648. b AGENCY will deduct 10% retention from all gross payments. The rtractor may substitute escrow holder surety of is[ value to the retention icoordance with the pro - one of the California vemment Code, Section 10. The Contractor shall beneficial owner of the ety and shen receive Interest thereon. The AGENCY hereby of- kmatively ensures that ml- writy bwlness enterprises At be afforded full op- wrtunity to submit bids In so nee to No notice and van not be discriminated igainst on the basis of ace, color, national origin, incestry, sex, or religion in my consideration leading o the award of contract. No bid shall be oonsld- wed unless it is prepared sn the approved Proposal orms In conformance with he Instructions to Bidders. The bid must be ac- =panied by a certified :heck, cashier's check, or 3dder% bond made pay- sble to the AGENCY for an amount no less than 10% )f the amount bid. The successful bidder shall be lcensed In accordance Nith provtslons of the Busi- less and Professions Code and shall possess a State Contractors License Class at the time of the bid open. At The successful Con- 16or and his subcontrac- tors will be required to pos- sess business licenses for the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any Irregular- ity and to take all bids under advisement for a maximum period of 80 days. BY ORDER_ of "the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 18th day of December, 1995. Attach Connio Broek- vniV, CITY CLERK OF THE CITY OF HUN- TINGTON BEACH, 2000 Main Street - snd floor, Huntington Bosch, California 92648, (7114) 588- Published Huntington wh*ountstn Valley In- wendent January 25, xuary 1, 199Q. 014-853 ow cs'Lgolb ' n-g ' Rio Ise CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 7, 1996 A. J. Fistes Painting Company P. 0. Box 469 San Pedro, CA 90733 CALIFORNIA 92648 The City Council of the City of Huntington Beach at their meeting held February 20, 1996, approved the Deferred Maintenance Program at Various Locations - WSC-013. Enclosed is a copy of the executed agreement for your records. If you have any questions regarding this matter, please call the City Clerk's Office at (714) 536-5227. cerely, Connie Brockway City Clerk g:vollowuplagmrt (Telephone: 714536-5227) REQUEST FOR COUNCIL ACTION MEETING DATE: December 18, 1995 DEPARTMENT ID NUMBER: Council/Agency Meeting Held:������, Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: December 18, 1995 Department ID Number: REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator l PREPARED BY: LES M. JONES II, Director of Public Works SUBJECT: DEFERRED MAINTENANCE PROGRAM, PIPE PAINTING AND COATING OF BRIDGE CROSSINGS; WSC-013 Statement of Issue, Funding Source, Recommended Action, Alternative Action, AiAlysis, Environmental Status, Statement of Issue: Council authorization is needed to solicit bids for the Deferred Maintenance Program, Pipe Painting and Coating of Bridge Crossings; Water Service Contract (WSC) 013. This will affect approximately 25 corroded and decaying water transmission pipelines that are attached to bridges at various locations throughout the City of Huntington Beach. Fundinq Source: Sufficient funds are available in FY 95/96 Operating Budget. The Engineer's estimate is $100,000.00. Recommended Action: 1. Approve the contract documents and authorize the Director of Public Works and the City Clerk to solicit bids. 2. Approve the attached contract, subject to Council's award of contract to the lowest responsible bidder. f WSC013.11CA -2- 12/06/95 3:41 PM REQUEST FOR COUNCIL ACTION MEETING DATE: December 18, 1995 DEPARTMENT ID NUMBER: Alternative Action(s): Deny request and direct Staff on how to proceed. This option would preclude the Water Division from embarking upon the Deferred Maintenance Program, as directed by City Council through adoption of the FY 95/96 Budget. Analysis: Over the last four years, as water and related costs have risen, the Public Works Department Water Division has deferred what would have been routine maintenance in order to balance the budget without raising consumer water rates. With the City Council adoption of Resolution No. 6712, Ordinance No. 3302, and the Fiscal Year 95/96 Budget, the Public Works Department Water Division is prepared to make necessary infrastructure remedies. This phase of the Deferred Maintenance Program will correct structural problems at bridge crossing within the City due to corrosion and lack of painting and recoating in prior years. This will be a one-time project and expense, completion of which will bring the condition of the water transmission pipelines within standard guidelines. Environmental Status: The Deferred Maintenance Program, Pipe Painting and Coating of Bridge Crossings; WSC-013, has been determined to be categorically exempt pursuant to Class I, Section 15301 of the California Environmental Quality Act. Attachment(s): Sample Construction Contract for Deferred Maintenance Program, Pipe Painting and Coating of Bridge Crossings; WSC-013. City Clerk's Page Number WSC013.RCA -3- 12/04/95 9:23 AM SAMPLE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS (WSC-013) Table of Contents Section Page 1 Statement of Work; Acceptance of Risk 1 2 Acceptance of Conditions of Work; Plans and Specifications 2 3 Compensation . 3 4 Commencement of Project 4 5 Time of the Essence 4 6 Changes 4 7 Notice to Proceed 5 8 Bonds . 5 9 Warranties 6 10 Independent Contractor 6 11 Liquidated Damages/Delays 6 12 Differeing Site Conditions 8 13 Variations in Estimated Quantities 8 14 Progress Payments 9 15 Withheld Contract Funds, Substitution of Securities . 9 16 Affidavits of Satisfaction of Claims 10 17 Waiver of Claims 10 18 Indemnification, Defense, Hold Harmless 10 19 Workers Compensation Insurance 11 20 Insurance 11 21 Certificates of Insurance; Additional Insured Endorsements 12 22 Default and Termination 12 23 Disposition of Plans, Estimates and Other Documents 13 24 Non -Assignability 13 25 City Employees and Officials 13 26 Stop Notices; Recovery of Administrative Costs 13 27 Immigration 14 28 Notices 14 29 Captions 14 30 Legal Services Subcontracting Prohibited 14 31 Entirety 15 ft\G:Agree:WSC-01 3\1 1/21/95 RLS 95-723 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS (WSC-013) THIS AGREEMENT, made and entered into this day of 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Deferred Maintenance Program at various locations in the City of Huntington Beach, Sunset Beach, and unincorporated areas the City serves; 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: STATEMENT OF WORK. ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, materials, tools, equipment, supplies, transportation, and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the G:4\skAgree:WS4013 RLS 95-723 work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, 2 GAskAgmeMSC-013 RLS 95-723 CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Bid Proposal Form are attached hereto; 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, Water Division, of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. G:4\s\Ag=:WSC-013 RLS 95-723 4. CONMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within () consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TEME 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 coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 GA\Mgm WSC-013 RLS 95-723 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. G:41s\Agree.WSG013 RIS 95-723 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which 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, 6 G:4\s\Agree:WSG013 RLS 95-723 and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 7 G:4\s\Agree:WSC-013 RLS 95-723 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of (a) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall 8 o:4\aWgee:WSC-013 RLS 95-723 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 (0/o100) 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 9 G:4\s\Agree:WSC-013 RLS 95-723 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE. HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 10 GAskAgree: WSC-013 RLS 95-723 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate 11 G:4\s\Agree:WSC-013 RLS 95-723 coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOWs insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERNIINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or falls to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to 12 G:4\s\Agree:WSC-013 RLS 95-723 terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, 13 G:4\skAgree:WSG013 RIS 95-723 or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. M IIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such Ply 29. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 14 G:4\s\Agree WSC-013 RLS 95-723 Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: print name ITS: (circle one) Chairman/Presidentivice President Mayor By: print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary - Treasurer REVIEWED AND APPROVED: L City Administrator 15 GAAAgree:WSC-013 RLS 95-723 ATTEST: City Clerk APPROVED AS TO FORM CGitvAtto INITIATED AND APPROVED: Director of Public Works RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works - Water SUBJECT: Deferred Maintenance Program, Pipe Painting and Coating of Bridge Crossings; WSC-013 COUNCIL MEETING DATE: I December 18, 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR. ED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM. E7 SECTION A c��CdJ //a3/9 U NOTICE INVITING SEALED BIDS for the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS PIPE PAINTING & COATING OF BRIDGE CROSSING PROGRAM WATER SERVICE CONTACT No. WSC-013 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on February 6, 1996. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $5.00 nonrefundable fee if picked up, or payment of a $6.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable r to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 18th day of December, 1995. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH 2000 Main Street- 2nd floor Huntington Beach, California 92648 (714) 536-5227 A-2 PUBLIC NOTICE SECTION A NOTICE INVITING SEALED BIDS for the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS PIPE PAINTING A COATING OF BRIDGE CROSSING PROGRAM WATER SERVICE CONTRACT NO. WSC-013 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN THAT the CITY OF HUNTINGTON BEACH, as AGENCY, in- vites sealed bids for the above stated protects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2.00 P.M on Febru- ary 6, 1996 Bids will be publicly open in the Coun- cil Chambers unless other- wise posted. Copies of the Plans, Specifications and contract documents are available from the Office of the Di- rector of Public Works, 2000 Main Street, Hunting- ton Beach, CA 92648, upon payment of a $5.00 nonre- fundable fee if picked up, or payment of a $6.00 non- refundable fee if mailed Any contract entered into pursuant to this notice will incorporated the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the min- imum prevailing rate of per diem wages for each craft, classification or type of workman needed to ex- ecute the contract shall be those determined by the Director of Industrial Rela- tions of the State of Califor- nia, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10%^retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- visions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any Interest thereon. The AGENCY hereby af- firmatively ensures that mi- nority business enterprises will be afforded full op- portunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract No bid shall be consid- ered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be ac- companied by a certified check, cashier's check, or bidder's bond made pay- able to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Busi- ness and Professio.is Code and shall possess a State Contractor's License Csss at the time of the bid open- ing The successful Don - tractor and his subcontrac- tors will be required to pos- sess business licenses for the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregular - ay and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNT ��H CALIFORNIA, he 18th day Of December, 1995. Attest: Connie Brock- waY, CITY CLERK OF THE CITY OF HUN- TINGTON BEACH, 2000 Maln Street - 2nd floor, if Beach, California 92848, (714) 538- 3227 Published Huntington Beach -Fountain Valley In- dependent January 25, February 1, 1996. 014-853 HUNTINGTON BEACH ! FOUNTAIN VALLEY Independent THE NEWPORT BEACH - COSTA MESA PILOT Client Reference # Sr - Independent Reference # Dear Advertiser: Enclosed please find clipping of your ad from the first publication, beginning /-Q2' If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, dy O tting Manager Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX t I have received Bid Bonds from Techno Coatings, Southwest Coatings, Inc., The IPW System, and Fistes Painting Company for Deferred Maintenance Program at various locations pipe painting by coating of bridge crossing program WSC-013. Dated Signed r , BOND NO. GE5778897 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Techno Coatings, Inc. as PRINCIPAL, (hereinafter called the Principal), and Gulf Insurance Company' a corporation duly organized under the State of Missouri and authorized to transact a general surety business in the State of CA as SURETY, (hereinafter called the Surety), are held firmly bound unto: City of Huntington Beach as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not, however, in excess of Twenty Thousand and 00/ 100ths . dollars, ($ 20, 000.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentigned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: Deferred Maintenance Program at Various Locations Pipe Painting & Coating of Bridge Crossing Program NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the.time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the 06ligee shall.have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of -said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Numbet upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this 6th day of Febr V 19 96 Tech Co in t}c . BY chael Birney - Presigifint Principal Gulf Insurance Com Ony BY- - Pk" Ran ty Spoh Attorney-in-Fact- A CALIFORNIA ALL-PURPOSE ACKNOWLEWMIINT State of California County of Orange No. 5907 On February 6. 1996 before me, Alicia D. Smith, Notary Public I , DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC - personally appeared Randy Spohn NMAE(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ALICIA D. SMrrH signature(s) on the instrument the person(s), M or the entity upon behalf of which the ORANGECOUNTY person(s) acted, executed the instrument. My t.ollltlrission Expires JarL 24,199r WITNESS my hand and official seal. ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EWITY(IES) Gulf Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 GULF INSURANCE COMPANY KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executi%a Committee of the Board of Directors of the said Company on the loth day of August, 1993, to wit "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall ha%e authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time, and any such Attorney-m-ract may be removed and the authority granted him resoked by the President or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys)-m-fact to sign, execute acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or am certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached " Gulf Insurance Compam does hereby make, constitute and appoint ND NUMBER GE 577 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP Techno Coatings, Inc. 1391 Allec St. Anaheim, CA 92805 EFFECTIVE DATE February 6, 1996 J r CONTRACT AMOUNT $ 200,000.00 J T BOND AMOUNT $ 20,000.00 J Randy Spohn of Anaheim, California its true and lawful attorneys) -tit -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf. as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and'or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney (s)-m-fact, pursuant to the authority herein gixen, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000.000 00) dollars IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. SVRANCF °o GULF INSURANCE COMPANY COPPORgle, T'9 � Z SEAL S O1\3 STATE OF NEW YORK ) Christopher E. Watson SS President COUNTY OF NEW YORK ) On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of IN estchester. State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and w hich executed the abov a instrument; that he knovi s the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; 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. J�P KFR'9i /f N Ursula Kerrigan Jv( STATE OF NEW YORK) 9TFOF NEttyO No. 02 KE 5043950 SS Qualified in New York County COUNTY OF NEW 1 ORK ) Comm. Expires May 15, 1997 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF .ATTORNEY remains in full force. SURANCF C Signed and Sealed at the City of New York. j \wpPPORgrF C" SEAL ` Dated the 6th day of February . 1996 Lawrence P. Miniter Senior Vice President arest Insurance Company Know all men by these presents: BOND NO.: 504299 PREMIUMsncluded in BBSU BID DATE: 2/6/96 PUBLIC WORKS BID BOND That we, Southwest Coatings, Inc. (hereinafter called Principal), as Principal, and Far west Insurance Company , a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of Nebraska City of Huntington Beach as Surety, are held and firmly bound unto (hereinafter called Obligee) in the penal sum of Ten percent ( 10 %) of the bid amount, but in no event to exceed Twelve Thousand and no/100------------------------------------------ Dollars($ 12,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns. jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH. that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Pipe painting and coating of bridge crossing program NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered Into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract: or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid. then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 5th DAY OF February 19 96 Southwest Coatings, Inc. (Pnnt or type name of Pnncipal) 6l"F� By: x ( ure of Pnncapall ""d.ee. le L0, t ♦� c.reee�✓ By ' Edward C. Spector Anorney•In•Fact 1^ .,N A301, i rip II itstrue and lawful Attorney -in -fact, with limited power and authority of the as a ex el and affix the seal of the ty for and on con►pury thereto if a seal is required on bonds, undertakings, recognizance•, reinsurance agreement for a NE then d or other written obligations in the nature thereof as follow: All Other Bonds W5,000,000.00 Federal Contract (Performance & Payment) $"••'479,000.00 Small Business Administration Guaranteed Bonds up to 8' • 1,250,000.00 and to bind the company thereby. This appointment is made under and by a the B � \C )Mich are now in full force and effect the undersigned of Far West Insurance t I, Snell secretary Company. a Calif loon, that this Power of Attorney remains in full fours and effect and has not been revoked and furthermore, that the ruolut, of fiPower of Attorney, and that the relevant provisions of the By -Laws of the Company, am now in full force and effect � % Bond No. 504299 signed do sealed this y eg ebruary 9 96 Karon G. Cohen, Secretary tlt 4f jlr ilt ION F DIRECTORS 4E 4F 4F 4E * * * * * * * Article 11, Section 7 of the By -Laws of Far W Inauran A is ' and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of ' Far West y a duly held on July 28, 1983: RESOLVED, that the President or Vu ident, conj on wide Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the ' evWonc enf�lw ch ease, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, and p lr'ga nau of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any POA previously RESOLVED FURTHER, y bond, reco , or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the Presid or any u eat and sealed (if a seal be required) by any Secretary or Assistant Secretary, or (ii) when signed by the President or Vice d or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or a (iii) when dully executed and (' 1 be by one or more attomeys-in-fact a agents pursuant to and within the limits of the authority evidenced by the power of attorney the Company to such person or persons. RESOLVED FURTHER, that thJpignaturc of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or c tification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Cmnpany, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Far West Insurance Company has caused thew presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 1st day of June, 1992. 457 John E. Savage, Pre• ent Karen G. Cohen, Secretary State of California County of Los Angeles On June 1, 1992 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) iahro subscribed to the within instrument and acknowledged to me all that he/slro/ hcy executed the same in hivber/their authorized capacity(ics , and that by his&cr/their signature(s) on the instrument the person(s� or the entity upon behalf of which the person(s) acted, executed the instrument OFFICIAL SEAL wr1NESS hand and official seal. PEGGY 9. LORON y��N9Ur1A�,C`rC . Notary Pubile-Cakfamia r Signature (Seal) My �rofl �N r� etu: oaa,�a V. e Lofton, Notary POW .AJy 26.1995 20, ,9�1 Far West `'L101""�' Insurance Co1Tlpany •s NOTARY ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On February 5, 1996 before me, TAH CARAZZA (here insert name) Notary Public, personally appeared EDWARD C. SPECTOR , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person" whose namepp) is/li W subscribed to the within instrument and acknowledged to me all that he/stX61lthW executed the same in his/1=1WK authorized capacity(ies), and that by his*Wibp k signature(KX on the instrument the person(x$$, or the entity upon behalf of which the pers d, executed the instrument. CARA�1" AIt ..... TAH r WITNESS my hand and official seal. N .. COK�,M. # 1060334 NOTARY PUBLIC -CALIFORNIA N Signature (Seal) I My Comm. Expires June 9, 1999 CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) CORPORATE OFFICER(S) U ® 0 PARTNER(S) U GUARDIAN/CONSERVATOR ATTORNEY IN FACT 0 OTHER TRUSTEE(S) SUBSCRIBING WITNESS NAME OF PERSON(S) OR ENTnY(IES) FAR WEST INSURANCE COMPANY ATTENTION NOTARY: Although the information requested below Is OPTIONAL, n could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN: Document Title or Type: Number of Pagers: Document Date: Signer(s) other than named above; _ UN-F9016 (6/94) ENDORSEMENT Amwest Surety Insurance Company and Far West Insurance Company, formerly domiciled in the State of California, have received permission to change the domicile of each respective corporation to the State of Nebraska. Said redomestication to Nebraska is effective December 14, 1995. 12/ 14/95 Date 12/14/95 Date John E. Savage President Karen C. Cohen Secretary MERCHANTS BONDING COMPANY DES MOINES, IOWA ~ Proposal Bond KNOW ALL MEN BY THESE PRESENTS, Bond no, That we Industrial Painting & Waterproofing Company, Inc. 1164 as Principal, and the MERCHANTS BONDING COMPANY , a corporation under the laws of the State Iowa _, authorized to transact business in the State of CA, as Surety are held and firmly bound unto: City of Huntington Beach (hereinafter called the obligee) in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID (10%)************************* for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Deferred Maintenance Program @ Various Locations — Pipe Painting and Coating of Bridge Crossing(s). NOW, THEREFORE, if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful per- formance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and affect. Signed and Sealed this 5th day of Febru . 19 96 Industri,4 Paints g OFaterproofing .Merchants Bonding Company By G� Les Mantle A orney-in•tacI i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California Orange On 2-5-96 DATE before me, Mar' Angel — Notary Public NAME, TITLE OF OFFICER - E G , 'JANE DOE, NOTARY PUBLIC' personally appeared Les Mantle No 5907 NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(ar) whose name(x) is/mm subscribed to the within instrument and ac- knowledged to me that he/sue executed the same in his/ice authorized capacity( and that by hishlinkhajax MIRY 10675 � signature(g) on the instrumert the person(g), > •' NOTAAAY -CAi% or the entity upon behalf of which the #:. ORANGE COUNTY -' person() acted, executed the instrument. comm.ExpiresMg.11,11� WITNESS my hand and official seal. SIG ATURE OF NOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Merchants Bonding Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave, P O. Box 7184 - Canoga Park, CA 91309-7184 if51.3U Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Monies, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint ***LES MANTLE***MATTHEW R. DOBYNS*** of FULLERTON and State of CA its true and lawful Attorney -in -Fact, with full power and authonty hereby conferred m its name, place and stead, to sign, execute• acknowledge and deliver m its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. ***ONE MILLION DOLLARS ($1,000.,000.00)*** and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANT'S BONDING COMPANY (MUTUAL), and all such acts of said Attorney-m-Fact, pursuant to the authority harem given, are hereby ratified and confirmed This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE II, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its Vice -President and corporate seal to be hereto affixed, this �t',i-h day of ,7u1 ,19 95 AG 94f ;�o•oRPU;9 °q• • : �, q,, •?,� :16--: _ -o- o: 1933 STATE OF IOWA COUNTY OF POLK ss Y MERCHANTS BONDING COMPANY (MUTUAL) By /106�/ ;;�� VC• PrILdM! On this 26th day of Jul V 1995 . before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that"he is Vice -President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written STATE OF IOWA COUNTY OF POLK ss K- Mc •••% IOWA Z % 9RIA\- ••'• O�u4 Acoe';j Notary Public, Polk County, Iowa My Commission Expires 2-19-98 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this 5th day of February 19, 96 . • • •. • • ... • �f •• �o�G CO,h, •�G� u���/SGj This Power -of -Attorney expires 12-31-97 MSC 0814 00.-(kP0q' • �V q%'•y.Li yJ 1933 c: S•cngry .--, IMTKM American Motorists Insurance Company Bond Number : 3SM 755 143 00 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, A.J. Fistes Painting Company, as Principal, and the AWMCAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of ILLINOIS, and authorized to do business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of 10 % of the total amount bid not to exceed Ten Thousand and Not100ths ($10,000.00) DOLLARS, lawful money of the United States of America, to the payment of which sum well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The condition of this obligation is such, that, if the Obligee shall make any award to the Principal for. Pipe Painting and Coating of Bridge Crossing Program. Bid No. WSC-013 Bid Date : 2/6/96 According to the terms of the proposal or bid made by the Principal therefore and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the AMERICAN MOTORISTS INSURANCE COMPANY, as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED, DATED: February 2, 19% A . Fistes Painting Company American Mo is I rance Company (Principal) (Surety) By: By: fl S�+r} t /Bd/s7fS Ol — Dav Noddle, Attorney In Fact DIRECT CORRESPONDENCE TO: 01 LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST , LOS ANGELES, CA 90041 PHONE (213) 257-8291 • FAX (213) 256-7218 Bid Bond - 1-25-96.dot .. T'TnT.'``I1I�i:0/.�-�ir.•..�. .-. .. vrb •J• ..r.. .xn. :.nJ �'-•{f.Mf• v6 •. -: iJi i{..� v - .-..v-. .- .-� ' x-t State of California County of Los Angeles On FEB 021996 before me, A. Melendez, Notary Public, NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ' ■ Personally known tome -OR- ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), er•. ••*••••'••••••••••••••••••••••: and that by his/her/their signPtLIrpls) on thP- A. MELU'IDEZ G instrument the person(s), or the entity upon COh"' ���7910 R 2 behalf of which the person(s) acted, executed the s ,1 instrument. 2 ,yComc�� e3t.T.>�yper19,1999 WITNESS y hand and official seal. M I � at � M,/-- (SIGNATURE OF NOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY -IN -FACT ❑ TRUSTEE(S) F E 9 4 219,006 ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) --- ---- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE r—, narmna msumince COMMA N AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the data of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and dead: Any and all bonds and undertakings provided the amount of no one bond or undertak' exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)*****%*k* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process. - This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 19": -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, nay be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: Jr W. A. Grauzas, by AMERICAN MOTORISTS INSURANCE COMPANY J. S. Kemper, III, Exec. Vice President (OVER) America, Motorists Insurance CompanyNourawe Bond Number : 3SM 755 143 00 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, AJ. Fistesb_iqftf gyaMMv_, as Principal, and the zs���� ��_�� �_.!�ifit• I� ��:_..�. �E_'�_�� 7i i VF ' �T7;e F7,i' F7WKMa r' lci e the State of HXWOIS, and aardmized to do btrsieess in the State of as Surety, are meld and firmly bound unto as Obligee, in the saxm of 10% of the total amount bid not to exceed Tern 11 ousand and No/1110t1;s ($10,400,00) DOLLARS, lawful money of the United States of America, to the payment of which sum well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The coed don of this obligation is such, that, if the Obligee shall make any award to the Principal for: Bid Date: 2/6/% According to the terms of the proposal or bid made by the Principal therefore and the Principal shall duly made and eater into a contract with the Obligee in accordance with the tetras of said proposal or bid and award and shall give bond for the faithful performance thereof, with the AMERICAN MOTORISTS INSURANCE COMPANY, as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by mason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect~ SIGNED, SEALED, DATED: February 2, 1996 A . Fistes Painting Company (Principal) By: By: American (sty) Noddle, Attorney In Fact qi- torney;� ��� Bid Bond - 1-25-Wdot r CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (213) 257-8291 . FAX (213) 256-7218 State of California County of Los Angeles On FEB 021996 before me, A. Melendez, Notary Public, NAME, 7ME OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ■ Personally known tome -OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), .........••.••••; and! that by his/her!their signatLICe(S). on the �r�.�............-A hAFt u'L;DEZ G 910 instrument the person(s), or the entity upon ��F a ;flN1A S behalf of which theperson(s) acted executed the 2 _ : ;,5. instrument. ...wwwo..o......w.•wN•N WITNESS y hand and official seal. , gi�vdm"-- (SIGNATURE OF NOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) a T- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY -IN -FACT ❑ TRUSTEE(S) fi iTS6 ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYOES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE APPROVE GAIL �iUrl ty AttornelY BY: DePu t. Clt �lttoa neY ,--� nanonat insaanCe mmPanes AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California ��.�**** its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and dead: Any and all bonds and undertakings provided the amount of no one bond or undertak' exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLAR ($2,500,000.00)-•-•-•- ***-•-• EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: VV W. A. Grauzas, S cr to y AMERICAN MOTORISTS INSURANCE COMPANY by J. S. Kemper, III, Exec. Vice President (OVER) STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 1-28-98 CERTIFICATION AL A,& A A A, A.& A A A,&,& 4 "OFFICIAL SEAL" ► 4 Irene Klewer ► 4 Notary Public, State of Illinois ► 4 My Commisslon Explres 1128196 ► Irene Klewer, Notary Public I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated January 01, 1994 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and W. A. Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of t' x�� 19 N.J.Zarada, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Term CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS PIPE PAINTING & COATING OF BRIDGE CROSSING PROGRAM WATER SERVICE CONTRACT WSC-013 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: February 6, 1996 2:00 P.M., 2ND FLOOR City Clerk's Office LES M. JONES H, DIRECTOR DEPARTMENT OF PUBLIC WORKS WSC-013 MSPC.doc Ver. 1.12 NOTE: If there are any questions relative to this project, please call Frank Cardon at: (714) 536-5921. No calls will be taken after February 2, 1996. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS................................................................................... A-1 SECTION B INSTRUCTIONS TO BIDDERS......................................................................................... B-1 1. Proposal Forms........................................................................................................ B-1 2. Proposal Guarantee.................................................................................................. B-1 3. Proposal Signature................................................................................................... B-1 4. Delivery of Proposal................................................................................................ B-2 5. Return of Proposal Guarantee.................................................................................. B-2 6. Taxes....................................................................................................................... B-2 7. Disqualifications of Bidders..................................................................................... B-2 8. Contractor's License Requirement............................................................................ B-2 9. References............................................................................................................... B-3 10. Listing of Subcontractors....................................................................................... B-3 11. Discrepancies and Misunderstandings..................................................................... B-3 12. Equivalent Materials.............................................................................................. B-3 13. Legal Responsibilities............................................................................................. B-3 14. Award of Contract................................................................................................. B-4 15. Material Guaranty.................................................................................................. B-4 16. Execution of Contract............................................................................................ B-4 17. Submission of Bonds and Insurance....................................................................... B-4 18. Addenda................................................................................................................ B-5 iii SECTION C PROPOSAL....................................................................................................................... C-1,2 ProjectBid Schedule................................................................................................ C-Is - List of Subcontractors................................................................................................. C-3 Noncollusion Affidavit................................................................................................. C-4 UtilityAgreement........................................................................................................ C-5 Disqualification Questionnaire...................................................................................... C-6 Compensation Insurance Certification.......................................................................... C-7 Underground Service Alert - I.D. Number................................................................... C-8 Bidder's Information............................................................................................... C-9,10 SECTION D SAMPLECONTRACT........................................................................................................ D-1 SECTION E SPECIAL PROVISIONS...................................................................................E-1 PART 1 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS ...................................... E-1 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK ....................................... E-2 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-9 SURVEYING 2-10 AUTHORITY OF BOARD AND INSPECTION SECTION 4 - CONTROL OF MATERIALS ................................................... E-5 4-1 MATERIALS AND WORKMANSHIP iv SECTION 5 - UTILITIES............................................................................... E-6 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK .................................... E-6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR ...................... E-7 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7- PROJECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8 - FACILITIES FOR AGENCY PERSONNEL ........................... E-11 8-1 GENERAL SECTION 9 - MEASUREMENT AND PAYMENT ...................................... E-12 9-3 PAYMENT REFERENCE SPECIFICATIONS - Water Division Supplemental Technical Special Provisions Maintenance Work Traffic Control Manual - April 1992 v SECTION A NOTICE INVITING SEALED BIDS for the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS PIPE PAINTING & COATING OF BRIDGE CROSSING PROGRAM WATER SERVICE CONTACT No. WSC-013 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on February 6, 1996. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $5.00 nonrefundable fee if picked up, or payment of a $6.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 18th day of December, 1995. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a `�► proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS PIPE PAINTING & COATING OF BRIDGE CROSSING PROGRAM in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified will not be allowed. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-3 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. B-4 SECTION C PROPOSAL for the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS PIPE PAINTING & COATING OF BRIDGE CROSSING PROGRAM WATER SERVICE CONTRACT No. WSC-013 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 7 380' of 8" water line to be retaped or recoated ea @ Dollars $ e Q o $1 /D 0, m Cents Per -a£ 2 11 1050' of 12" water line to be retaped or recoated ea @ roie S e r/ ry e- Dollars $ • so $ Cents Per 7- 3 1 ea 260' of 8" water line to be painted @ Dollars $ o-1— $ 07/ , Lao aD�OO Cents Per .arr �y 4 1 100" of 14" water line to be repainted ea @ �Z&.Q7ZI 1122-Y 1O Dollars $ • SO $ SO '41-/1/al &qv�/ e D Cents Per mar 5 1 ea 135" of 16" water line to be retaped or recoated @ ��D/Y/ /�' Dollars 71"j, " ziGl Cents Per oa- qV 7- 6 @ Dollars $ $ Cents Per 7 @ Dollars $ $ Cents Per S @ Dollars $ $ Cents Per 9 @ Dollars $ $ Cents Per l'otal Amount Bid in Figures: , s" - Total Amount Bid in Words:./Lr,ez _e&z `2,ecm&Aa, sg ,v' _ - - _ - _ _ - ------------------------------------------------------------- C-1s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Nam and Address of Subcontractor State License Number Class By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of 15< rx PT-1 A) 61-1, J/Vtithe parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. --T t5 Name of Bidder Signature of Bidder 6-v /'l'I�,�i�F,��,�� 5 % 01 Address of Bidder ti Subscribed and sworn to before me this ay of i �`�m� _199P_, i RAYR_ENE MENDOZA ! a comm. #999696 � 3 NOTARY Pusuc - CALIFORMA ; ORANGE COUNTY My Commission — — - 13,1997 _— NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS, Pipe painting and coating of bridge crossing program (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 0 Contractor x By A61Z Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or .completing a Federal, State or local government project because of a violation of law or a safety regulation? W Yes O No If the answer is yes, explain the circumstances in the space provided. av� ey�alo� Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: a, Contractor By M"&6ei2- Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. '-?I- Dig Alert Identification Number: 0 PPl-1 t-� 1) rV 12- Contractor Title Date: 40 �11� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: tS+ 0—c>q4,t,),s,-xxjc Bidder Name -1 %D M I RAF-L5P)-=s A Li F- Business Address DR,o _ (LA. city, (31b) S-Vr� -a ss-1 Telephone Number State LE�R3'73 C--3,?) State Contractor's License No. and Class C�, \(::i, -2-- Original Date Issued � 63c \g 1 Expiration Date 'b,5o,�2> Zip The work site was inspected by 8. J�ARZFAk of our office on off- , 199G The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder d4 Printed or Typed Signature Subscribed and swornto before me this' ' day of� i RAYLENE MENDO o COMM. #999696 i 2 NOTARY PUBLIC -CALIFORNIA 0 ORANGE COUNTY ►� j My Commission Eons July 13, 1 W7 j NOTARY PUBLIC - - - - - - - - - - - - (:s NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency i i5"SpjokiA 10,A Name and Telephone No. of Project Manager: Contract Amount Type of Work 2. Vie r Name and Address of Public Agncv Date Completed 6/ Name and Telephone No. of Project Manager: P.S� �p 362 Iv Contract u 3. i Name and �_05 f) of Public Agency Type & Work r-s Date Completed ,a13 _ 4- SI-•- 4 4 a Name and Telephone No. of Project Manager: Kej me -0 !✓ 1•SC>A� 0Ic) C X f, -'(_p� x)k< Contract Amount Type of Work Date Completed C-10 SECTION D SAMPLE CONTRACT D-1 SAMPLE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND rUK 'ltih JJhrk-KKt.0 MAIN IrdvAMr, MUl7KAM AT VARIOUS LOCATIONS (WSC-013) Table of Contents Section Page 1 Statement of Work; Acceptance of Risk 1 2 Acceptance of Conditions of Work; Plans and Specifications 2 3 Compensation . 3 4 Commencement of Project 4 5 Time of the Essence 4 6 Changes 4 7 Notice to Proceed 5 8 Bonds . 5 9 Warranties 6 10 Independent Contractor 6 11 Liquidated Damages/Delays 6 12 Differeing Site Conditions 8 13 Variations in Estimated Quantities 8 14 Progress Payments 9 15 Withheld Contract Funds, Substitution of Securities . 9 16 Affidavits of Satisfaction of Claims 10 17 Waiver of Claims 10 18 Indemnification, Defense, Hold Harmless 10 19 Workers Compensation Insurance 11 20 Insurance 11 21 Certificates of Insurance; Additional Insured Endorsements . 12 22 Default and Termination 12 23 Disposition of Plans, Estimates and Other Documents 13 24 Non -Assignability 13 25 City Employees and Officials . 13 26 Stop Notices; Recovery of Administrative Costs 13 27 Immigration 14 28 Notices 14 29 Captions 14 30 Legal Services Subcontracting Prohibited 14 31 Attorney Fees . 15 32 Entirety 15 4WG:Agree: W SC-01311 /22196 RLS 9r723 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS (WSC-013) THIS AGREEMENT, made and entered into this day of 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Deferred Maintenance Program at various locations in the City of Huntington Beach, Sunset Beach, and unincorporated areas the City serves; 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: STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, materials, tools, equipment, supplies, transportation, and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the G:4\sWgree:WSC-013 RLS 95-723 work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, 2 G:4\s\AV=:WSC-012 RLS 95-722 CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Bid Proposal Form are attached hereto; 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, Water Division, of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 3 c:a\swgree:wsc-o 12 RLS 95-722 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within () consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TEME 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 coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 GAsWgmc:wsc-o12 RLs 95-722 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. GAWAVee:wsc-oil RLs 95-722 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay, it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number. of working/calendar days set forth herein, which 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, 6 c:4%s\,agr«:wsc-012 RLs 95-722 and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR 7 c:a\SWgree:wsGo 12 RLs 95-722 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall 0 GA\slAgrcc:WSC-012 RIS 95-722 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 (0/6100) 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITH%IELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 9 G.4\sWgme: WSC-012 RIS 95-722 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION. DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOM employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 10 G:4\t\Agree: WSC-012 RLS 95-722 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate 11 G:4\s1AUee.WSC-012 RLS 95-722 coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to 12 GAsWgrce:WSC-012 RI.S 95-722 terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 el seq. 26. STOP NOTICES: RECOVERY OF ADNEMSTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, 13 G:4\s\AWee:WSC-012 RLS 95-722 or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such Ply 29. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 14 G:4%MWee: W SC-012 RLS 93-722 Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees 32. 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 offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/PresidentlVice President By: print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator 15 GAz\Ag=:WSC-013 RIS 95-723 CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM City Attorney t 2 st INITIATED AND APPROVED: Director of Public Works SECTION E SPECIAL PROVISIONS All the Work to be done under this contract shall be in accordance with these Special Provisions and the "GREENBOOW' Standard Specifications for Public Works Construction, 1994 edition, including the 1995 supplement, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher: BN1 Building News 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications set forth above, referred hereinafter as Standard Specifications, will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The section numbers of these Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out. PART 1 GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS [Add or redefine the following:]. AGENCY - The City of Huntington Beach. Board - The City Council of the City of Huntington Beach. Caltrans - The State of California Department of Transportation. County - The County of Orange. Engineer - The City Engineer of the City of Huntington Beach or his authorized representative. Project Manager - The City of Huntington Beach Water Division authorized representative. (Frank Cardon) E-1 SECTION 2 SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT [Replace with the following:]. Within 10 working days after the date the AGENCY'S award of contract, the Contractor shall execute and return all contract documents required by the AGENCY. The AGENCY reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS [Add the following:]. The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to endurance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the AGENCY, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by AGENCY of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the AGENCY. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General [Add the following:]. Only written authorization from the AGENCY shall be binding over any deviation or change in the Plans and Specifications. Please refer to SECTION 3 - CHANGES IN WORK for further explanation. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as -built conditions. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. E-2 Reference in the Special Provisions to "State Standard Specifications" shall mean the Standard Specifications, latest edition, of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California - Department of General Services Publications Distribution Unit P.O. Box 1015 North Highlands, California 95660 Reference in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Huntington Beach, and where applicable, the following: Standard Plans for Public Works Construction, published by the American Public Works Association, latest edition. Standard Plans, published by the Orange County Environmental Management Agency. Standard Plans, published by the State Department of Transportation, latest edition. Applicable Standard Plans for this project are contained in Appendix I of these Special Provisions. 2-9 SURVEYING 2-9.1 Permanent Survey Markers [Add the following:]. When the Contract does not include a pay item for monument adjusting as specified, and unless otherwise provided in the Specifications, full compensation for adjusting to finished grade shall be included in the price bid for other items of work and no additional compensation will be allowed therefor. 2-10 AUTHORITY OF BOARD AND INSPECTION [Add the following]. The Contractor shall give at least 24 hours advance notice when he or his subcontractor will start or resume the work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or AGENCY holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. E-3 If the Contractor elects to work under this contract more than 8 hrs./day or more than 40 hrs./week, Saturday, Sunday, or AGENCY holidays, he shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees which will be charged at the following rates: 4 hrs. or less/day - $225.00 4 hrs. to 8 hrs./day - $450.00 When Special Inspection is required, the Contractor shall notify the AGENCY and pay inspection fees 24 hours in advance. If the Contractor is directed by the AGENCY to work under this contract more than 8 hrs./day or more than 40 hrs./week, the Special Inspection fee requirements will be waived. E-4 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General [Add the following:]. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Security of this guarantee shall be in the form of a Maintenance Bond furnished to the AGENCY by the Contractor. There shall be specific wording in the Maintenance Bond, that includes the guarantee or warranty of the labor and materials for a one year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be for 100 percent of the total amount earned to date as indicated on the final progress payment. The AGENCY reserves the right to withhold the retention until the Maintenance Bond has been accepted by the AGENCY. The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice. Failure to comply with such notice, will cause the AGENCY to file claim against the bond. Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the AGENCY, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 4-1.4 Test of Materials [Replace the third sentence of the first paragraph with the following:]. Unless otherwise provided, all testing shall be performed under the direction of the Engineer and the AGENCY will bear the cost of initial testing of material and workmanship which are required by the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.6 Trade Names or Equals [Replace the last two sentences of the first paragraph with the following:]. Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth in the Instructions to Bidders. E-5 SECTION 5 UTILITIES 5-1 LOCATION [Replace the first sentence of the last paragraph with the following:]. The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall pothole all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by the Work. 5-4 RELOCATION [Replace the second sentence of the last paragraph with the following:]. When not otherwise required by the plans and specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections, as necessary, between the meter and property line, or between the meter and limits of construction. 5-5 DELAYS [Add the following paragraph:]. All notification to utility companies insofar as the relocation or removal of a utility shall be made by the Engineer based on Contractor's request as submitted to the Engineer at least 48 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect excepting thereof any delay cost incurred as a result of the utility company not responding at their agreed time. E-6 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK [Replace the first sentence of the first paragraph with the following:]. The Contractor's proposed construction schedule shall be submitted to the Engineer within 10 working days after .the date of the AGENCY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION 6-7.1 General [Add the following:]. The time within which the Work must be completed by the Contractor is fixed at 90 working days starting from and after the date in the Notice to Proceed with the Work, exclusive of maintenance periods. 6-7.2 Working Day [Add the following:]. The Contractor's activities shall be confined to the hours between 7:00 A.M. to 4:00 P.M., Monday through Friday, excluding holidays. No water shut off will be permitted prior to 9:00 A.M.. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 LIQUIDATED DAMAGES [Amend the liquidated damage amount to read:]. $300.00 E-7 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES [Add the following:]. A noise level limit of 95 dbl. at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 7-2 LABOR 7-2.2 Laws [Add the following:]. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 Liability Insurance [Add the following:]. The insurance company issuing the Certificates of Insurance is required to be duly licensed to transact business in the State of California. 7-5 PERMITS [Delete Subsection in total and substitute with the following:]. Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor, at no additional cost to the AGENCY, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control [The second paragraph is amended to read:]. Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean wherever construction, including restoration, is incomplete. Construction water meters are required . The Water Division will furnish and set the meter with eddy valve. The refundable deposit for the meter is $725.00. A fee of $55.00 will be charged to the contractor each time the meter is relocated. The fee shall be included in the Bid Amount. E4 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures.) which are damaged or removed as a result of his operations. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Delete the last paragraph and substitute the following:]. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or reestablishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access [Add the following:]. All traffic control shall be in accordance with the latest edition of the following documentation: Caltrans - Manual of Traffic Control Devices for Construction and Maintenance Work Zones. Traffic Manual, Sign Specifications. Standard Plans, Standard Specifications and the AGENCY's Maintenance Work Traffic Control Manual. The Contractor shall provide, to the Engineer, a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. Prior to the start of construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate starting date, completion date, and the name and telephone number of contractor representatives who may be contacted at any hour in the event of an emergency. POLICE DEPARTMENT: Watch Commander @ (714) 960-8809 FIRE DEPARTMENT: Battalion Chief/Development @ (714) 536-5411 E-9 Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. Contractor shall require that an approved safety vest be wom by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. Any relocation of travel lanes longer than three calendar days shall be delineated by removing the existing striping and legends by wet sandblasting and placing new striping and legends as required. Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sandblasting. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation Standard Plans and the current City of Huntington Beach Maintenance Work Traffic Control Manual. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. Warning Signs Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. E-10 7-10.3 Street Closures, Detours, Barricades [Add the following:]. Street closures will not be allowed except as specifically permitted by the Engineer. Construction Traffic Control Plans shall be prepared in accordance with the AGENCY's latest Traffic Control Plan Preparation Guidelines and shall be reviewed and approved by the Engineer. The Contractor shall submit the plans to the Engineer for approval or correction at least 10 working days before approved plans will be required for commencing the work. Approval of the plans by the Engineer shall not relieve the Contractor from the responsibility for errors or omissions in the plans or from deviations from the Contract Documents. The Contractor shall be responsible for the correctness of the plans and for the results obtained by the use of such plans. Full compensation for Construction Traffic Control Plans shall be paid for on a lump sum bid price and no additional compensation will be allowed therefor. 7-10.5 Protection of the Public [Delete Subsection in total and substitute with the following:]. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. &11 SECTION 8 FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL [Add the following:]. No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor, at any time during the operation of the Work. E-12 ' SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General [Delete the last paragraph and substitute with the following:]. At the expiration of 35 days from the filing and recording of the Notice of Completion of the Work, the amount deducted from the final estimate and retained by the AGENCY will be paid to the Contractor except such amounts as required to be withheld by properly executed and filed to stop payment, or as may be authorized by the contract. 9-3.2 Partial & Final Payment [Amend the first sentence of the first paragraph to read:]. The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY'S payment procedure. Each month, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Add the following to the end of the section:]. Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as -built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon, the AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by the AGENCY. E-13 WATER DIVISION SUPPLEMENTAL TECHNICAL SPECIAL PROVISIONS PART 2 MATERIALS SPECIFICATIONS 2-1 Solvent Cleaners "Enviro-Clean" by ProSoCo, Inc., "TSP" by Custom Building Products, biodegradable cleaner solvents, or equal. 2-2 Filler (Eooxv) "Corchem 263 Epoxy Filler" by Corchem Corp., "Tnemec 63-1500 Filler and Surfacer" by Tnemec Company, Inc., or equal. 2-3 Primer "Corchem 235 Universal Epoxy" by Corchem Corp., "Tnemec Series 37H Chem -Prime H.S." by Tnemec Company, Inc., Black Color, or equal. (All crossings, Black Color with the exception of Warner Avenue/Weatherly Lane and Trinidad Lane which shall be coated with White Color.) 2-4 Too Coating "Corchem 274 Acrylic Urethane" by Corchem Corp., "Tnemec Series 74 and 75, Endura Shield" by Tnemec Company, Inc., Black Color, or equal. (All crossings, Black Color with the exception of Warner Avenue/Weatherly Lane and Trinidad Lane which shall be coated with White Color.) T2-5 Tace "Polyken Joint Tape #930-35," by the Kendall Company, (6-inch 35 mil), "Polyguard 800 Series," by Polyguard Co., (6-inch wide, 35 mil), Black Color, olf4pal. PART 3 EXECUTION 3=1 Contractor shall adhere to the following Standards during the commencement of work to be performed: Steel Structure Painting Council (SSPC), Surface Preparations Specifications, ANSI A159.1 SSPC-SP-1 Solvent Cleaning SSPC-SP-2 Hand Tool Cleaning SSPC-SP-3 Power Tool Cleaning 33=2 Hand cleaning shall be used to prepare the entire length of the pipe surface prior to the primer applications. 3_3 Contractor shall adhere to the following AWWA Standards when applicable: TSP-1 AWWA C-203 Standard for Coal -Tar Protective Coating AWWA C-209-90 Cold Applied Tape Coatings for the Exterior of Special Sections, Connections, and Fitting for Steel Water Pipelines AWWA C-214 Standard for Tape Coating AWWA C-210 Standard for Liquid Epoxy Coating System for the exterior of Steel Water Pipelines 3-4 The repainting, retaping, recoating or epoxy coating shall only be applied to clean, dry surfaces. 3=5 Contractor shall be responsible for containment of all loose coating removed by hand, power tool cleaning, or any other approved method. The removal of such materials shall not reach the water way or channel 3=6 Contractor shall contain all Hazardous Waste Materials (paint, A.C. material) within an approved Hazardous Waste Container. 3=7 City will manifest, haul away, and dispose of the Hazardous Waste accumulated during pipe preparation from both bridge pipeline crossing sites (Warner Ave/Weatherly Ln and Trinidad Ln). (Waste material -lead paint, primer.) 3=8 Application Process for Retaping. Repainting. and Recoating Waterlines 3-8.1 Surface Preparation 3-8.1.1 Utilize either SSPC-SP-2 Hand Tool Cleaner or SSPC-SP-3 Power Tool Cleaner to prepare bare areas and provide an anchor profile. Remove any loose or degradated existing tar coating by cutting back a minimum 2-inch circumference from the degradated area. 3-8.1.2 No materials, of any kind, shall enter the channel or waterway. 3-8.2 Taping Application 3-8.2.1 Spot fill bare areas with Epoxy Filler, flush with existing tape wrapped surface. 3-8.2.2 Prime coat overall pipe surface with Epoxy, Black Color, to a minimum dry film thickness of six to eight mils. 3-8.2.3 Apply one finish coat of Acrylic Urethane, Black Color, to a total minimum dry thickness of ten to twelve mils. Apply Joint Tape. One fifty percent (50%) lap wrap shall be applied covering the circumference of the pipe, for a full length of the pipe. 3-8.2.4 Pay particular attention to all comers, edges, flanges, valves, and other hard -to -reach areas to ensure complete coverage. No coatings, thinners, or materials, of any kind, shall enter the channel or waterway. 3-9 Application for Repainting Waterines TSP-2 (Warner Avenue/Weatherly Lane and Trinidad Lane) 3-9.1 Surface Preparation 3-9.1.1 Utilize SSPC-SP-2 Hand Tool Cleaner and SSPC-SP-3 Power Tool Cleaner to remove all loose existing coating and provide an anchor profile. 3-9.1.2 Utilize clean cloths and solvent cleaning per SSPC-SP-1, to remove any other deleterious matter on pipe surface. 3-9.1.3 No materials, of any kind, shall enter the channel or waterway. 3-9.2 Paint Coatina Application 3-9.2.1 Spot prime bare areas with Epoxy, to a dry film thickness of three to four mils. 3-9.2.2 Apply one full overall prime coat of Epoxy, White Color, to a total dry film thickness of six to eight mils. 3-9.2.3 Apply one finish coat of Acrylic Urethane, White Color, to a total minimum DFT of ten to twelve mils. 3-9.2.4 Pay particular attention to all corners, edges, flanges, valves, and other hard -to -reach areas, to ensure complete coverage. No coatings, thinners, or materials, of any kind, shall enter the channel or waterway. 3-9.3 Pipeline Paint 3-9.3.1 See Certificate of Analysis, page S-20. 3-10 Application for Recoating Waterlines 3-10.1 Surface Preparation 3-10.1.1 Utilize SSPC-SP-2 Hand Tool Cleaning and SSPC-SP-3 Power Tool Cleaning to prepare bare areas and provide an anchor profile. Remove any loose or degradated existing tar coating by cutting back a minimum two-inch circumference from the degraded area. 3-10.1.2 Utilize clean cloths and solvent, per SSPC-SP-1, to remove any other deleterious matter on coated or uncoated surface. 3-10.1.3 No materials, of any kind, shall enter the channel or waterway. 3-10.2 Coating Application 3-10.2.1 Fill bare areas with Epoxy Filler, flush with tape wrapped surface. 3-10.2.2 Prime coat overall surface with Epoxy, Black Color, to a minimum dry film thickness of six to eight mils. 3-10.2.3 Apply one finish coat of Acrylic Urethane, Black Color, to a total minimum dry film thickness of ten to twelve mils. TSP-3 3-10.2.4 Pay particular attention to all comers, edges, flanges, valves, and other hard -to -reach areas, to ensure complete coverage. No coatings, thinners, or materials, of any kind, shall enter the channel or waterway. 3-11 Application for Retailing Waterlines. Covered with Existing A.C. Wrap (Magnolia Street s/o Banning Drive and Warner Avenue w/o Springdale Street) 3-11.1 Surface Preparations 3-11.1.1 Wash pipe with clean potable water, utilizing SSPC-SP-2 Hand Tool Cleaning. 3-11.1.2 City will manifest and haul away any hazardous waste materials. 3-11.1.3 No materials, of any kind, shall enter the channel or waterway during the surface preparation. 3-11.2 Coating Application 3-11.2.1 Spot fill bare areas with Epoxy Filler, flush with tape wrapped surface. 3-11.2.2 Prime coat over all pipe surfaces with Epoxy, White Color, to a minimum dry film thickness of two to three mils. 3-11.2.3 Apply one intermediate coat of Epoxy, White Color, to a dry film thickness of six to eight mils. 3-11.2.4 Apply one finish coat of Acrylic Urethane, White Color, to a total dry film thickness of twelve to fourteen mils. 3-11.2.5 Pay particular attention to all corners, edges, flanges, and other hard -to -reach areas, to ensure complete coverage. No coatings, thinners, or materials, of any kind, shall enter the channel or waterway. 3-12 Primer Application 3-12.1 Apply primer in accordance with the manufacturer's printed instructions. 3-12.2 Cavities, pits, and scars shall be filled with Epoxy Fillers. 3-12.3 Materials used in both primer and finish coats shall be products of one manufacturer. TSP-4 2.,19/1995 08:27 FROM ROYAL COATING CO. TO 17145365 . 443 /15, 0 12/15/1995 17:04 FR0;1 WECK LABS I N-C To Weck Laboratories. Inc. Analytical & Environmental Services Serving the industry since 1964 P Z9. Royal coatiAq Company P.O. Box 1657 Wilmington, CA 90746 Pat $pence P.02 131e0304922 jP-.JE)'I., a r Repo Dates December --25' 19n, Received Dates. 000ec"t 13, 1" (310) $30-3039 x rAx )tames City of Huntington Beach Plrcject ! Osier Rs 48 Hour RUSH Turnaround Certificate of Analysis W*04-84ay. 13130W. (310) 830-4922 e.� V —A. NY 3 Date% 1211ZLI995 Times Units VL ftd 9 .......... .............. 19.2 Qg1Kq 6 EPA 6010 12M/.1995-05134a24 ................................ Igno mg/xg 6 EFA 6010 lam/im 93.13f.524 ........ .......... I ........... 42 mg/Kg 6 EPA 74W UM40M 95i34M9 t*Wz - 9525697 sample, Z02 NUtMrly Crogsing pine Xatrix! Sol-Lds OuVled By: Dates 1211211925 UlfUe'.Ssft%hod AtiaLvrad -9: 5.;:,! :;-."i ijoNvei"; Tpul ................ I ........ 3570 wg/xg 45 EPA 600 IZM/19" 9513 4w ................................... 10 mg/g 45 CPA w1a lZM(m 1V4 i .................................... S2S 09/40 45 EPA 7420 1Z/1419", 4513"19 Not Detected Method Detection Limit 40; 7! VAW.East Clark Aye, tue. Indus". Callomia 9 1 74A-1 390 (a��8) 3 36-2139 FAX (8-1, 8) 33�-=-'. .11. h 1 TOTAL P.02 PIPE PAINTING AND COATING OF BRIDGE CROSSINGS L-1 * Coating to be black in color unless noted otherwise. MAINTENANCE WORK TRAFFIC CONTROL MANUAL CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT APRIL 1992 INTRODUCTION The purpose of this manual is to provide guidance to the City of Huntington Beach personnel in the installation of traffic control devices in and around maintenance work zones. The basic principles and practices represented in this handbook are taken from the Callrons 'Manual of Traffic Controls for Construction and Maintenance Work Zones (The Caltrans Manual) and the Southern California APWA "Work Area Traffic Control Handbook' (the WATCH book). This manual is not intended to supersede either the Caltrans Manual or the WATCH book. which should be referred to in the event of any question regarding the subject matter of this manual. Drawing TC-0 General Notes Drowing TC-1 Low Speed Street Growing TC-2 Typical Shoulder Closure Drowing TC-3 Single Lane Closure Right Lone) Drowing TC-4 Single Lane Closure Left Lone) Drowing TC-5 Left Turn Lone Closure Drawing TC-6 Typical Closing of Half Roadway Drawing TC-7 Multi —Lone Closure Drawing TC-8 Typical Lone Closure With Reversible Control Drawing TC-9 Work Within Intersection — Left Lane / Left Turn Lone Drawing TC-10 Work Within Intersection Right Lane / Left Lone Drawing TC-11 Work Beyond Intersection Left Lane Drawing TC-12 Work Beyond Intersection Right Lone Maintenonce War* Zone Traffic Control Manual General Notes A. Nothing in these notes or plans shall relieve the contractor of the responsIbIlty for jobsite conditions during the course of construction of the project. Including safety of aN persons and property, and that this requirement shall apply conthuousfy and not be Iknfted to working hours. B. The Engineer shall be defined as the City of Huntington Beach Troffle Engineer or his representative. t~ The Engineer shoN have the right to demand the Installation of additional trofflc control devices or modifications to these plans and note; as he deems necessary to promote the safe and orderly Now of truffle and pedestrians through the construction work zone. the contractor shoN comply with these additional requests or modlflcotions with due dOlgence. D. Construction activity In the roadway shall be limited to the hours between 9.00 A.M. and 4:00 P.M. AN trench excovotions within the roadway shoN be covered with steel plates or tempororiy bodrMed and surfaced from 4.00 P.M. to 9:00 A.M., unless prior written approval Is obtained from the Engineer. E No temporary construction troffle control devices shall be placed In the roadway (to execute the days construction war*) untN after 9. 00 A.M. and oil temporary construction traffic control devices shall be comp/etefy removed by 4.00 P.M., unless prior written approval Is obtained from the Engkheer. Cones or delineators shall generally be placed on existing lane lines. except when placed for lane closure topers. F noshing beacons and warning lights shall be used as directed by the Enghee. AN existing traffic control signs and street signs shall be maintained In visible locations during construction, unless prior written approval is obtained from the Engineer. fit contractor shall restore any s"Ing or signing damaged during construction operations, Including raised pavement mor*erx to the satisfaction of the Engineer. H. *bon entering or leaving roadways carrying public traffic, the contractor's equ{ament, whether empty or looded shall In all cases yield to public trofflc. 1. Access to drivewoys adjacent to the construction work zone shall be maintained at oN times If at all possible. Additional cones or delineators may be required to delineate the driveway access routs through the construction war* zone. A mhlmum of one travel /one shag be maintained across the dHvewoyx unless prior written approval is obtained from the Engineer. .l 48 hours prior to commencing any work within the immedfote vicinity of a truffle signal controlled Intersection, the contractor shoN contact underground Service Alert (800-422-4133). /his prior notice w!f aflow the location and mocking of underground traffic signal conduit and troffie signal loop defector prior to construction. Damage to traffic signal conduit conductor; loop detectors, or other traffic signal &WIpment sholf be repaired within 24 hours at the contractors expense. K. SpOloge resulting frorh hauling operations Bong or across any public traveled way shall be removed immediately by the contractor at his expense. ROAD WORK AHEAD >10A C23 �F C228 1-19 C228 Optional Vehicle 10' Min. Lanes _00. • • • •�"l Dividing Line_ 10' Min. Lanes I or q_ Indicate North With An 'M ROAD Yor ;� q WORK AHEAD C23 G^ *ory �� • ^ a • END S Ta er L Work Zolne Toper L S ROAD WORK r I See Chart 'A See Chart 'A I Alternate ' Barricaded See Chart 'A See Chart 'A C14 Work Zone END ROAD WORK Q C14 SIGN PANEL SIZE (Min.) Q 3d' x 3d' B❑ 42' x 11r — CHART A — MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT S`GAd� SPACING ) TRAFFIC SPEED TAPER LENGTH (L) DELINEATOR Told (Each Lone) SPACING t IW~ sgns) 25 MPH 150 Ft. 25' 150 Ft. 30 MPH 200 FL 25' 200 Ft. 35 MPH 250 Ft. 25' 250 Ft. 1. All advance warning sign Installations shall be equipped with flogs for daytime work zones. Flashing beacons shall be placed at the locations for night work zones. 2. An warning signs for night lone closures shall be illuminated or reflectorized. 3. A C43 'END CONSTRUCTIOW or C14 'END ROAD WORD sign. as appropriate. may be placed at the end of the work tone. NOTES: 4. NI cones shall be 2117 high. Cones used for night work shall be fitted with 13' reflective sleeves. 5. All portable delineators sholl be 367 high. Delineators used for night work sholl be reflectorized with a minimum of two 3—inch bonds placed a minimum of 2 inches from the top with a maximum of 6 inches between the bands. K 12' minimum lone width when next to a curb or other vertical obstruction. LEGEND • Traffic Cone or Delineator F Sign YFlog Tree Portable Flashing Beacon ( Night work ) ♦� Direction of Travel ( Not a pavement marking ) M.N. Manhole �I!t� Maintenance Vehicle �{J w/ Flashing Ughts • im FW MAINTENANCE WORK — TRAFFIC CONTROL LOW SPEED STREET Median or dividing line —Is. Shoulder p*ory .. • Work area 100'* 200' ± 100'± Cones or delineators Cones or delineators noo ROAD 25' max. spacing 25' min. spacing CONSTRUCTION WORK WORK N" MEAD AHEAD 0 0 a cla or C24 or C23 NOTES: 1. All advance wominq sign Installations shall be .Quipped with flogs for daytime shoulder closures. Flashing beacons shall be placed at the locotions Indicated during night shoulder closures. 2. All warning signs for night shoulder closures sholl be illuminated or reflectorized. 3. A C 13 "END CONSTRUCTIOW or C 14 'END ROAD WORK sign, as oppropriole, may be placed at the end of the work Zone. 4. All cones shall be 21r high. Cones used for night work shall be fitted with 1Y reflect". sleeves. S. AN portable delineators shall be 3ir high. Delineators used for night work shall be refleclorized with o minimum of two 3—inch bonds placed a minimum of 2 inches from the top with o maximum of 6 Inches between the bonds. END CONSTRUCTION a ENo ROAD WORK F y 4— LEGEND Traffic Cone or Delineator Sign Flog Tree Portable Flashing Beacon ( Night work ) Direction of Travel ( Not a povement marking ) C13 Indicate North With An 'W or C14 SIGN PANEL SIZE (kin.) Q 3G x 3C BQ 3T x 3T © 42' x 1fr MAINTENANCE WORK — TRAFFIC CONTROL TYPICAL SHOULDER CLOSURE F * ory I Ra CONSrN AHED 8 or ROAD WORK AHEAD Indicate North With An 'M' © C23 LEGEND • Traffic Cons or Delineator Sign Y Flog Tree Portable Flashing Deacon ( Night work ) Direction of Travel ( Not o pavement marking j ® Flashing Arrow Sign rt *K 1 See Chart f RIM LANE CLOSED MNEAD AI C20 (Rt) See Chart 'A I min. I -MOYO ley See Note 6. —► area — CHART A — MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT SIGN SPACING (S) TRAFFIC SPEED TAPER LENGTH (L) DEUNEATOR fm o ce M Tqw (Each Lane) SPACING a eww..n sty 25 MPH ISO Fl. 25 Fl. 150 Ft. 30 MPH 200 FL 25 Fl. 200 Fl. 35 MPH 250 FL 25 Ft. 250 Ft. 40 MPH 350 Ft. 25 Ft. 350 FL 45 MPH 550 Fl. 25 Ft. 550 FL 50 MPH 600 iL 25 FL 600 Ft. SS ♦MPH 1000 FL 25 Ft. 1000 Ft. NOTES: 1. AN advance warning sign Installations shall be equipped with flogs for daytime lone closures. Floshinq beacons shall be placed at the locations mdicoted during night lone closures. 2. All warning signs for night lone closures sholl be illuminated or reflectorized. 3. A C13 'END CONSTRUCTKIM or C14 'END ROAD WORK sign. as appropriate. may be placed at the end of the work tone. 4. AN cone$ shall be 26' high. Cones used for night work shall be fitted with 13' reflective sleeves. 5. AR portable delineotors shall be V high. Delineators used for night work shall be rellectori:ed with a minimum of two 3—Inch bonds placed a minimum of 2 Inches from the top with a maximum of 6 Inches between the bonds. 6. Use flashing arrow sign in speed tones of 40 mph or more. Use high level warning device in speed tones of 35 mph or less. 7. Flashing arrow sign shall be Type I per Sec. 5-06.9 of the current Coltrane Traffic Manuol. Operate FAS in sequential arrow mode. F END CONSTRUCTION Qe C13 or END ROAD WORK De C14 SIGN PANEL SIZE (Min.) Q 3G x u QB 4 Y It 1 l!' © 3a' It 3ff e im Vo MAINTENANCE WORK — TRAFFIC CONTROL SINGLE LANE CLOSURE ( RIGHT LANE ) a I'iw ENO END CONSTRUCTION I or I ROAD WORK g C13 @] C14 w♦ See Chart "/► I See' eE ory ep f RM LUT Um CarsrnuCTan CU)SW AIEAO MEAD DA C18 19 or C20 (Lt) ROAD WORK AHEAD © C23 LEGEND e Traffic Cons or Delineator Is sign Y Flog Tree Portable Flashing Oman ( Night work ) �..s Direction of Travel ( Not o pavement morking ) ® Flashing Arrow Sign tArrc Varies L aosco See Chart "A" s�aa Q C30 Yor �— cewsTxuom AMUD See Note 6. � �" C18 or ROA • • • •I Y• ores • • • �► e WORK • • e • . e L 150' AHEAD 4 "A" Soo f:hnri "A I min. MCIC23 • END fCONSTRUCTION]or ROAD WORK �e C13 LIE" LAN[ CUDSM AFEAD M C20 (Lt) (Required only if speed limit is 45 mph or more ) ❑e C14 Indicate North With An 'W NOTES: 1. All advance warning sign instollotions shall be equipped with flogs for daytime lone closures. Flashing beacons shall be placed at the locations Indicated during night lone closures. 2. NI warning signs for night lone closures shall be illuminated or reflectorized. 3. A C13 'END CONSTRUCTIOW or C14 'END ROAD WORK sign, as appropriate, may be placed of the end of the work :One. 4. All cones shall be 211' high. Cones used for night work shall be fitted with 13" reflective sleeves. — CHART A — MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT SIGN SPACING (S) TRAFFIC SPEED TAPER LENGTH (L) DELINEATOR (Adrarce of Tow (Each Lone) SPACING a Set~ s4m) 25 MPH 150 Ft. 25 FL 150 Ft. 30 MPH 200 Ft. 25 Ft. 200 Ft. 35 MPH 250 Ft. 25 FL 250 Ft. 40 MPH 350 Ft. 25 Ft. 350 Ft. 45 MPH 550 Ft. 25 FL 550 Ft. 50 MPH 600 Ft. 25 Ft. 600 Ft. 55 +MPH 1000 Ft. 25 FL 1000 Ft. 5. All portable delineators shall be 3C high. Delineators used for night work shall be reflectorized with a minimum of two 3—inch bonds placed a minimum of 2 inches from the top with o maximum of 6 inches between the bonds. 6. Use flashing arrow sign in speed zones of 40 mph or more. Use high level warning device in speed zones of 35 mph or less. 7. Flashing arrow sign shall be Type I per Sec. 5-06.9 of the current Coltrane Troffta Monuol. Operate FAS In sequential arrow mode. I SIGN PANEL SIZE (Min.) I e e MAINTENANCE WORK — TRAFFIC CONTROL SINGLE LANE CLOSURE ( LEFT LANE ) :1 .iii now ROAD ttsr eeNSTRUCTMN or WORK 11I1. LANE AN[Aa AHEAD oLOSEo � C23 Q "`EAD 4 I C18 7 C20 MODIFIED . Is Y --11110 -1 .in I S I S See Chart "A" I See Chart "A" END CONSTRUCTION Co C13 or END ROAD WORK o� C14 LEGEND Traffic Cone or Delineator Sign Flog Tree Portable Flashing Beacon ( Night work ) Direction of Travel ( Not a pavement marking ) SIGN PANEL SIZE (Min.) Q 38' x 31i QB XF x 30" © 2C x 2C Q 42" x 16" ❑B C228 ® S S See Chart "K See Chart "A" Indicate North © R17 With An *W • Yor e 0 C228 — CHART A — MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT SIGN SPACING (S) TRAFFIC SPEED DELINEATOR (AdwK9 of Teo« SPACING a amweee S") 25 MPH 25 FL 150 FL 30 MPH 25 Ft. 200 FL 35 MPH 25 FL 250 FL 40 MPH 25 Ft. 350 FL 45 MPH 25 FL 350 FL 50 MPH 25 FL 600 Ft. 55 +MPH 25 FL 1000 Ft. NOTES: 1. AN advance warning sign installations sholl be equipped with flogs for daytime lone closures. Flashing beacons shall be placed at the locations Indicated during night lone closures. 2. AN warning signs for night lone closures shall be illuminated or reflectorized. 3. A C13 "END CONSTRUCTION' or C14 "END ROAD WORIC sign. as appropriate. may be placed at the end of the work zone. 4. NI cones sholl be 28' high. Cones used for night work shall be fitted with 13' reflective sleeves. 5. All portable delineotors sholl be 36" high. Delineotors used for night work shall be reflectorited with a minimum of two 3—inch bonds placed a minimum of 2 inches from the top with o maximum of 6 inches between the bonds. 01110111. IVY ROAD I 1te�N mm WORK a new AHEAD Al[AD 0 C23 C20 MODIFIED or Raw aoNSTRUcnoN ANfao Q CII$ END END CONSTRUCTION or ROAD WORK C13 C14 toll an O MAINTENANCE WORK — TRAFFIC CONTROL LEFT TURN LANE CLOSURE a 1W LEGEND • Trofrk Cone or Delineator F Sign y Flog Tree END CONSTRUCTION Portable Flashing Beacon C13 ( Night work ) or ♦w Direction of Travel ENO ( Not o pavement marking) ROAD WORK ® Flashing Arrow Sign ® C14 �► S S See0 hart SeeWA .F*ory*F RaAO Ca►aTeuc M ANEAD [- C 16 or ROAD DETOUR WORK> < AHEAD AHEAD C23 � C1 Indicate North �A#r21 or With M 'Id' C20 S Seems( le — CHART A — MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT SIGN SPACING (S) TRAFFIC SPEED TAPER LENGTH (L) DELINEATOR (A*.*Ko of Toper (Each Lane) SPACING a estwom Signs) 25 MPH 150 Ft. 25 Ft. 150 Fl. 30 MPH 200 Ft. 25 Ft. 200 FL 35 MPH 250 Ft. 25 Ft. 250 Ft. 40 MPH 350 Ft. 25 Ft. 350 Ft. 45 MPH 550 Ft. 25 Ft. 550 Ft. 50 MPH 600 Ft. 25 Ft. 600 Ft. 55 +MPH 1000 Ft. 25 Ft. 1000 Ft. iE4 w,.s a wwrw am dw Iawyw1 L Toper L 150' 10= (_Ta Min. Min. •j�� Row cawsrR CTION A/K/ID Q C16 *LE"Ow aim Or C20 (Lt) ROAD WORK AHEAD C23 =12' minimum lone width when 1 next to curb or other vertical obstruction. ,er L I Toper L I_ S •e•1,.w, 10'R •. I Min. • Work • • • K 0 0 Area • • - 1 - �■ Chart See Chart — 'Aw 'l1 1 4— \/ ® C30 -► See Note 6. 'e LANE — aosEo e0 C30 Q W2 (RQ or NOTES: IM I W6 1. AN advance warning sign Installations sholl be equipped with flogs for daytime lone closures. flushing beacons sholl be placed of the locations indicated during night lone Closures. 2. M warning signs for night lone Closures shall be illuminated or reflectorized. 3. A C13 'END CONSTRUCTION' or C14 'END ROAD WORK' sign, as appropriate, nay be placed at the end of the work zone. 4. AN Cones shall be 211' high. Cones used for night work shall be fitted with 13' reflective sleeves. �s E See Note 6. ❑A W2 (Lt; or ❑o X� W6 5. All portable delineators shod be V high. Derineotors used for night work shall be reflectorized with a minimum of two 3—inch bonds placed o minimum of 2 Inches from the top with o maximum of 6 inches between the bands. 6. Use flashing arrow sign In speed zones of 40 mph or more. Use high level warning device in speed zones of 35 mph or less. 7. Flashing arrow sign shall be Type I per See. 5-05.9 of the current Coltrane Traffic Manual. Operate FAS In sequential arrow mode. B. For speeds of 30 mph or lower, use W2 signs. For speeds of 35 mph or greater, use WI signs. END CONS1RUCl10N ® C13 or ENO ROAD WORK © C14 G' SKIN PANEL SIZE (Min.) Q 36' x 31r Q 3C x 3fr © 4r x llr Q 24'x2,C MAINTENANCE WORK - TRAFFIC CONTROL TYPICAL CLOSING OF HALF ROADWAY X Row I ONSTRUCnON MICAD C19 4C20 s appropriate) or ROAD WORK AHEAD❑e . C23 (Rt) - CHART A - MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT SIGN SPACING (S) TRAFFIC SPEED TAPER LENGTH (L) DEUNEATOR (**w e@ N Teser (Each Lane) SPACING a sA"" lira) 25 MPH 150 Ft. 25 Ft. 150 Ft. 30 MPH 200 Ft. 25 Ft. 200 n. 35 MPH 250 Ft. 25 Ft. 250 Ft. 40 MPH 350 Ft. 25 Ft. 350 n. 45 MPH 550 Ft. 25 Ft. 550 Ft. 50 MPH Goo n. 25 n. 600 Ft.. 55 +MPH 1000 n. 25 n. 1000 FL . Cones 25' max. spacing END CONSTRUCTION © C13 Or END _ ROAD WORK © C14 Cones 25' max. spacing e's e'e e'e One fk►ahing arrow sign for each lone closed. t SEaMedico 150 A­C30 or divWirq line — — — — — —► — — — — — — — — • • • FY ea-e -.- • -+ .—. e--e .—. -.- a -1. a --► — — —• . ev- — Work area — �� • e • e r^See Note 6. a �, • e • J.* orY • �. •'. 200' Min. ®Y-a— Ses Note 6. Varies 'e S S S L 150' L Min. Curb or edge of pavement See Chart "A" See Chart "A" See Chart "A" See Chart "A" See Chart "A" Buffer Zone MULTI -LANE CLOSURE SIGN PANEL SIZE (MIn.) LEFT AND RIGHT SIDE CLOSURE To eE SlMi AN NOTES: 3C x 31r LEGEND 1. AN advance warning sign installations shall 5. All portable delineators shall be 36' high. 3(r x 30! kw8eote North • Traffic Cone or Delineator be equipped rith flogs for daytime lone Delineotors used for night work shall be closures Flashing beacons sholl be placed reflectorized with a minimum of two 3-inch With An "M © 4Y x tlr atIM locations NWKoted during night lone bonds placed o minimum of 2 Inches from Sign closes• the top with a maximum of 5 Inches between Y Flo Tree 2• 9 the bonds. signs for night lone closures l be ill shell b. illuminated or reflectorized. 6. Use flashing arrow sign in speed :ones of Portable Flashing Damon 3. A C13 'END CONSTRUCTION* or C14 40 mph or more. Use high level warning[WED device in speed zones of 35 mph or lee. "END Night work ( p ) ROAD WORK n as appropriate. •i9. DP palate, may be placed of the and of the work 7. Flashing arrow sign shall be Type I per MAINTENANCE WORK - TRAFFIC CONTROL ♦— Direction of Trawl cone. Sec. 5-05.9 of the current Coltrane Traffic Not a ( pavement marking) 4. Monuol• Operate fAS In sequential arrow Ax cones shall be 21r high. Cones used MULTI -LANE CLOSURE ® noshing Arrow S(9n mode. for night work shall be fitted with 13' reflective sleeves. _-- _ A KVW Rao END END AMM CONSTRUCTION or ROAD WORK ❑ C18 Q C13 Q C14 or ROAD PREPARE WORK TO AHEAD STof C23 C9A< > ❑A C36 �I I #r>2 T_—r or IA*C I I 038 1 I Ci II Cr I 1 N STOP T I I I I o 0 R1 — CHART A — MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT SIGN SPACING (S) TRAFFIC SPEED TAPER LENGTH (L) DELINEATOR (Admme of Tow (Each Lane) SPACING a adwees mom) 25 MPH 15D FL 25 Ft. ISO fL 30 MPH 200 FL 25 Ft. 200 Ft. 35 MPH 250 FL 25 Ft. 250 Ft. 40 MPH 350 R 25 Ft. 350 Ft. 45 MPH 550 FL 25 Ft. 550 Ft. SO MPH GOD Ft. 25 Ft. 600 Ft. 55 +MPH 1000 Ft. 25 Ft. 1000 FL I I C9A Varies Cones 25' \mox. spacing S S I S See Chart "A"I See Chart "A See Chart "A" 4. Yor L ♦{Jil{Ju19 .� See Chart B' �1 • re" e • •T1 • e TT • • eT• • • • I ICY ma / work area /A • _ �� � °'YS 61ii S S 19 L See Chart "A"I See Chart "A" See Chart "A" I aosco QB C30 LEGEND Indicate North With An *W e Traffic Cone or Delineator Is Sign Y Flag Tree Portable noshing Beacon ( Night work ) 4— Direction of Travel ( Not a pavement marking ) Flogg- t�r$�� Maintenance Vehicle w/ Flashing Lights SIGN PANEL SIZE (Min.) Q 39' x JY ® 3fr x 3Lr © 4Yx16' Optional Vehicle — CHART 8 — Approach Speed Miles Per Hour L (Feet) 0-30 200 30-45 310 over 45 500 NOTES: 1. AN advance warning sign installations shall be equipped with flogs for daytime Ions closures. Flashing beocons sholl be oloced of the locations indicated during night lone closures. 2. AM warning signs for night lone closures shall be Illuminated or reflectorized. 3. A. C13 "END CONSTRt1CTiOW or C14 "END ROAD WORK' sign. as appropriate. may be placed at the end of the work zone. MPARETO J STOP B C36 19 C9A END END CONSTRUCTION I or ROAD WORK Q C13 © C14 4. AN cones sholl be 21r high. Cones used for night work shall be fitted with lY refk►cbw sleeves. 5. An portable delineators shall be 36' high. Delineator* used for night work shall be ►eflectorized with a minimum of two 3—inch bonds placed a minimum of 2 Inches from the top with a maximum of 6 Inches between the bands. 6. Flogmen shall coordinate traffic operations using portable radios operating on a private frequency (citizen's bond frequencies ore not acceptable). FWF6-1 UPI Row GapSMUCTION N" O C18 or ROAD WORK AHEAD Q C23 MAINTENANCE WORK — TRAFFIC CONTROL TYPICAL LANE CLOSURE WITH REVERSIBLE CONTROL WORK ENO WORK or ROAD WORK AHEAD 0 C23 C13 C14 froAo CLOSED LEFT LAN[ COMSfR1RTONAHEAD MGO O C1a p C20 (LQ O C229 R17 =t. -- — —— e, a —► 1 —► 01o*ory 'ie L See Nat• S I S TODer L See Chart 'A' I See Chart 'A' 1 See Chart 'A' NOTES: 1. All advance warning sign installations sholl be equipped with flogs for daytime lone closures. Floshinq beacons Moll be plated at the locations indicated during night lone closures. 2. NI waning signs for night lone closures Mon txr Alwninoted or ►ef ectorized. 3. A C13 'END CONSTRUCTWM' or C14 'END ROAD WORk' sign. as opprope to. may be plated at the and of the work zone. 4. AN tones shall be 21r high. Cones used for night work sholl be fitted with Ir refl.t o sleeves. 5. AN portable dogneotore shall be 31r high. D•lineolors used for night work Moll be reflectorlmd with a minimum of two 3—Inch bonds tawith o maximum of 6 Incaced a minimum of 2 Inches from the between the bonds. 6. Use flashing arrow sign in speed zones of 40 mph or more. Use high level warning . device in speed zones of 35 mph or loss. 7. Flashing arrow sign shall be Type 1 per Sec. 5-06.9 of the current Coltrane Traffic Manual. Operate FAS In sequential arrow mode. Taper L See Chort "A' See Note 6. 4— V 4 —► — it Q R 17 el � KI � Indicate North With An 'I( S S See Chart W See Chart V Yor * D \/C22B 17 U C20 (LQ ROAD Rap WORK or C NstRuctNN . AHEAD AHEAD 0 C23 0 C18 — CHART A — MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT SIGN SPACING (S) TRAFFIC SPEED TAPER LENGTH (L) DELINEATOR (Adva a of low (Each Lone) SPACING & sebeen Slam) 25 MPH 150 Ft. 25 FL 15o Ft. 30 MPH 200 Ft. 25 FL 200 FL 35 MPH 250 Ft. 25 FL 250 FL 40 MPH 350 Ft. 25 FL 350 Ft. 45 MPH 550 Ft. 25 FL 550 FL 50 MPH 500 Ft. 25 Ft. 600 Ft. 55 +MPH 1000 Ft. 25 Ft. 1000 n. SIGN PANEL SIZE (Min.) 0 31C' x 36' Q 3T x 31r © 20 x 24' QO 4f x III END CONSTRUCTION Q C13 or ENo '•— ROAD eroRlc p C14 LEGEND • Traffic Cone or Delineator F Sign Y Flog Tres Portable Flashing Beaton ( Night work ) f� Direction of Travel ( Not a pavement marking ) ® Flashing Mow Sign bm lwm MAINTENANCE WORK — TRAFFIC CONTROL WORK WITHIN INTERSECTION LEFT LANE / LEFT TURN LANE vine ws i o-wx ^ r Af G/ rr,cr.v y Q C23 ••► 19 1. AN advance warning sign installations shah©R969 be equipped with flogs for daytime lone closures. Floshin� twimons sholl be OC= of the locations indicated during night lone ebsuns. 2. AN warning signs for night lone closures ❑e C30 slag be illumi ated or relkrctorized. 3. A C13 'END CONSTRUC1101f or C14 'END ROAD WORK.' sigr% as appropriate. END may be placed of the end of the work :one. CONSTRUCTKIfI Q C13 4. AN cones shall be 21r high. Cones used or for night work sholl be fitted with IX END reflective sleeves. ROAD WORK Q C14 S. AN portable delineators shag be 3lr high. Delineators used for night work shop be rellectorized with a minimum of two 3—Inch bonds placed a minknurn of 2 Inches from the top with a maximum of 6 inches between the bands. & Use flashing arrow sign in speed zones of 40 mph or more. Use high level warning device in speed zones of 35 mph or less. 7. Flashing arrow *inn shall be Typs 1 per Sec. 5-00.9 0l lfie current Caltrans Tffic Manual. Operate FAS in sequential arrow mode. I 12' minimum lone width when next to a curb or other vertical obstruction. ENO ENO CONSTRUCTION i Or I ROAD WORK Q C13 C14 S See Chart "A' goo Yor* ♦ AMM ❑A C18 �- or ~ — — — — —_..0 ROAD WORK -�► AHEAD BC23 END CoNsTRucna+ -' r Ci3 `u a v or - o E❑ R96 ROAD�woRK N 0 Q R969 p C14 Traffic Cons or Delineator Sign Flog Tres Portable noshing Beacon ( Night work ) Direction of Travel ( Not a pavement marking ) Flashing Arrow Sign SKM PANEL SIZE (trio.) �A 36' x 31r QD 4f x 1fr oB 30' x 3C' QE 1Ir x 16' © 2,C x 2,C © 11r x If O MAINTENANCE WORK - TRAMC CONTROL Rojo ROAD WORK WITHIN INTERSECTION commuctrsN or WORK RIGHT LANE / LEFT LANE NCO AHEAD 0 C1B ❑A C23 x leaps ROAD tf7T LANE MIKleucMN or WORK aOSW ArtD�o AHEAD AHM ❑A C18 Q C23 Im C20 (Lt) •� orY .� S S See Chart "A" See Chart END L See Chart "A" See Note 6. �... — I— —!0' Yh aa� � P � • t Ow 9 a,osta C30 CONSTRUCTION SIGN PANEL SIZE (Mk) © C13 0 31Y' x 36' or Yr x 3T ENO ROAD WORK © 49' x IIr Q C14 LEGEND • Traffic Cone or Delineator Sign Y Flag Tree Portable Flashing Beacon ( Night work ) ♦- Direction of Travel ( Not a pavement marking ) ® flashing Arrow Sign S See Chart 'A" Indicate North With An 'it' Yor * j • — — — — — — — _ Y w •' �► — CHART A — MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT SIGN SPACING (S) TRAFFIC SPEED TAPER LENGTH (L) DELINEATOR (Aewnce of Too.. (Each Lone) SPACING t 9dween Styes) 25 MPH 150 Ft. 25 Ft. 150 Ft. 30 MPH 200 Ft. 25 Ft. 200 Ft. 35 MPH 250 Ft. 25 Ft. 250 Ft. 40 MPH 350 Ft. 25 Ft. 350 Ft. 45 MPH 550 FL 25 Ft. 550 Ft. 50 MPH 600 Ft. 25 Ft. 600 Ft. 55 +MPH 1 1000 Ft. 25 Ft. 1000 Ft. NOTES: 1. AN advance woming sign installations sholl be equipped with flags for daytime lone closures. Flashing beacons sholl be placed of the locations Indicated during night Ions closures. 2. NI warning signs for night lone closures shall be Illuminated or mflectorized. 3. A C13 'ENO CONSTRUCTION' or C14 'END ROAD WORK' sign. as oppropriote. may be placed of the end of the work tone. 4. All cones shall be 29* high. Cones used for night work shall be fitted with 1Y reflective sleeves. w.w... so «n... ..w mm #r>7 ttosEo oo>snx11I= or 001M ® C30 C18 5813 5. All portable delineators shall be 31F high. Delineators used for night work sholl t» reflectorized with . minimum of two 3—inch bands placed a minimum of 2 inches from the top with a maximum of 6 Inches between the bonds. 6. Use flashing arrow sign in speed zones of 40 mph or more. Use high level warning device In speed zones of 35 mph or less. 7. noshing arrow sign shall be Tyyppe 1 per Sec. 5-06.9 of the current Coltrons Traffic Manual. Operate FAS in sequential orrow, mods. = 12' minimum Ions width when next to a curb or other vertical obstruction. END CONSTRUCTION © C13 or END ROAD WORK © C14 01 LU MAINTENANCE WORK — TRAFFIC CONTROL WORK BEYOND INTERSECTION LEFT LANE xao ROAD tRucllwi or WORK "'C tANE AWAD AHEAD txosco B C 18 1C23 aKao C20 (Rt) 00-00 •Wry le I--*- s inS See Chart "A" I See Chart "A" LANE END q CONSTRUCYIDN Q C30 © C13 or END ROAD WORK © C14 Indkots North VMh An "M NOTES: 1. AN advance warning sign Installations shall be equipped with flogs for daytime lone closures. Flashing beocons shoe be placed during at the locations Indicated night lone closures. 2. All warning signs for night lone closures shall be illuminated or reflectorizod. 3. A C13 'END CONSTRUCT101P or C14 "END ROAD WORK" sign. as appropriate. may be placed at the end of the work zone. 4. All cones sholl be 211" high. Cones used for night work shall be fitted with 13* reflective sleeves. L See Chart "A" ,e — See Note 6.— tANE _ ctasEo a C30 LEGEND • Traffic Cons or Delineator Is Sign Y flog Tree Portable noshing Beacon ( Night work ) wm f— Direction of Trove .M ( Not a pavement marking) ❑ RIS (Rt) ® noshing Arrow Sign S. All portable delineators shall be 30* high. Delineators used for night work shall be retlectorized with a minimum of two 3—inch bonds placed a minimum of 2 inches from the top with a maximum of 6 inches between the bonds. 6. Use flashing arrow sign in speed zones of 40 mph or more. Use high level warning d.vke in speed tones of 35 mph or less. 7. noshing arrow sign shall be Type i per See. 5-06.9 of the current Coltrane Traffic Manual. Operate FAS in sequential arrow mode. Elm CONsrRuclom © C13 or Varies S See Chart "A" Rosa WORK © C14 Yor f— ..ky® — — F Rao ROAD aosio aolaiRticfioN or WORK omm AHEAD ® C30 0 Cis 9 C23 — CHART A — MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT SIGN SPACING (S) TRAFFIC SPEED TAPER LENGTH (L) 0E24EATOR (Al a - of T"w (Each Lone) SPACING a bt"eee 310") 25 MPH 150 Ft. 25 FL 150 Ft. 30 MPH 200 Ft. 25 Ft. 200 Ft. 35 MPH 250 Ft. 25 FL 250 Ft. 40 MPH 350 Ft. 25 FL 350 Ft. 45 MPH 550 Ft. 25 Ft. 550 Ft. 50 MPH 600 Ft. 25 FL 600 Ft. 55 +MPH 1000 Ft. 1 25 Ft. 1 1000 FL SIGN PANEL SIZE (Mtn.) Q 36" x Nr Q 30r x 30" © 42" x 1 fr O MAINTENANCE WORK — TRAFFIC CONTROL WORK BEYOND INTERSECTION RIGHT LANE ` - ' RECEIVED ^ OTY:L[RK ClTYVF HVyToyGTON���CK,;�uF � . — m (�� 4�L6L�3 c2v PROJECT BID SCHEDULE tem stimate Item with unit price Extended No. Qumtih' written in words Unit Price Amount 1 7 380' of 8" water line to be retaped or recoated ea @ THIRTY TWO Dollars $ 32.00 $ 12,160.00 NO Cents Per ea LINEAL FOOT 2 11 1050' of 12" water line to be retaped or recoated FORTY SEVEN 47.25 ea @ Dollars $ $49,612.50 TWENTY FIVE Cents Per ea LINEAL FOOT 3 1 260' of 8" water line to be painted ea @ THIRTY TWO Dollars $ 32.00 $ 8,320.00 NO Cents Per ea LINEAL FOOT 4 1 100" of 14" water line to be repainted ea @ FIFTY SIX Dollars $ 5 6.10 $ 5,610.0( TEN Cents Per ea LINEAL FOOT 5 1 135" of 16" water line to be retaped or recoated ea @ SIXTY FOR Dollars $ 64.00 $ 8,640.0 NO Cents Per ea L_INEAL_ FOOT 6 @ Dollars $ $ Cents Per 7 @ Dollars $ $ Cents Per 8 @ Dollars $ $ Cents Per 9 @ Dollars $ $ Cents Per ofAmount Bid in Figures: 8 4 2 50 ------------------------------------------------------------ Total Amount Bid in Words: EIGHTY F06WTHOUSAND THREE HUNDRED FORTY TWO ------------------------------------------------------------- DOLLARS AND FIFTY CENTS C-1s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bore the amount of $ 10,6 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 in . LIST OF SUBCONTRACTORS 10 he In accordance with Government Code Section 4104, the Bidder shall set forth the name and id business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. oh ce A Portion Name and Address of Subcontractor State License Class o Work Number -0- None Used By submission of this proposal, the Bidder certifies: 1 That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. ? That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Donald A. Dancey , being first duly sworrn, deposes and says that he or she is PrPcic�Pnt, coo of'aerproofingnotttpany, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ^ial Pain Bidder Signature of Bidder President, COO & Waterproofinq Co., Inc. 400 Commercial Way, La Habra, CA 90631 Address of Bidder Subscribed and sworn to before me this 6th day of February , 199 6 . NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the DEFERRED MAINTENANCE PROGRAM AT VARIOUS is LOCATIONS, Pipe painting and coating of bridge crossing program (1)(we)(it) will employ and ie 41utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical :d secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California ie Administrative Code, Section 2700, as follows: r, m ill )r L "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. , The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date 2/6/96 C-5 Con ctor By Donald A. Dancey President, COO Title o., Inc. DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or .completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. Da C-6 rw COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works ty contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ry or ty Date 2/S/gfi ie C-7 Industrial -Painting & Waterproofing o., inc. C tractor --------------- By Donald A. Dancey President, COO Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: DOES NOT APPLY Contractor ME Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 Tl Tl a BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Industrial Painting & Waterproofing Company, Inc. Bidder Name 400 Commercial Way Business Address ied La Habra, CA 90631 City, State Zip 3a 310 690-4400 Telephone Number C33, C39-442564 State Contractor's License No and Class — 1971 Original Date Issued 7/31/97 Expiration Date The work site was inspected by Cary Pierce of our office on February 2, , 1996 File following are persons, firms, and corporations having a principal interest in this proposal: Terrence W. Dancey Donald A. Dancey A. 7Y y C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Donald A. Dancey Printed or Typed Signature Subscribed and swornto before me this 6tl-Uay of February NOTARY PUBLIC r � �rT. .7016 ••. D�. 1 111 NOTARY SEAL Listed below are the nar es, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years 1 In-, AnaPIPs Airport - 7151 Worldway West Los Angeles CA Name and Address of Public Agency Name and Telephone No of Project Manager Robert Smith (310) 646-3263 $54, 880.00 Waterproofing 3 / 95 Contract Amount Type of Work Date Completed 2 U.C.L.A. - 350 De Neve Drive, Los Angeles, CA 90024 Name and Address of Public Agency Name and Telephone No of Project Manager Joe Schwa rtzenberger (310) 825-0150 Various Jobs Painting 8 Waterproofing Continuous Contract Amount Type of Work Date Completed 3. Orange County Water District - 10500 Ellis Ave., Fountain Valley, CA 92708 Name and Address of Public Agency Name and Telephone No of Project Manager: Jeffrey Klein (714) 378-3274 $34,980.00 Painting 12/2/95 Contract Amount Type of Work Date Completed C-10 THG SYSTGM CITY OF HUNTINGTON BEACH 2000 ,MAIN STREET z HUNTINGTON BEACH. CA 92648 1 x' BID: WATER SERVICE CONTRACT WSC-013 m z H ay z i dim cm, G^ a ma 1d 1Adustl'�DI PQift* a W CO. 400 Kl WQY La Hdm. M 90631 SECTION C PROPOSAL for the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS PIPE PAINTING & COATING OF BRIDGE CROSSING PROGRAM WATER SERVICE CONTRACT No. WSC-013 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 24, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. B-4 PROJECT BID SCHEDULE tent tint tent wi mut prise �tten No. 0 gnfity written is words Unit Price Amount 1 7 38� of 8" water line to be retape.0 or recoated ea @ e—�� � Q, Dollars $ 4..00 $ 00 Cents Per ea 2 11 1050' of 12" water line to be�retaped or recoated ea @ `TkAYk h-0 W✓ Dollars $ • �J $ cents Per ea 3 1 ea 26V of 8" water line to be painted �@ 1 u��''C� Dollars $,mn_ $ N 0 Cents Per ea 4 1 100" of 1�4" water' line to be repainted ea @ Dollars $ $ E Cents Per ea 5 1 135" of 16" wat line to be retaped or recoated ea @ _ Dollars $ 5M.10M $ 6- M00 Cents Per ea u L. Ayr 6 @ Dollars $ $ Cents Per 7 @ Dollars $ $ Cents Per 8 @ Dollars $ $ Cents Per 9 @ Dollars $ $ Cents Per Total ount Bid in Figures Amount Bid in Words _Kv/ 01 zr&0f 8_. J ►L _Total - _ s61 --- ---------- --6-RV___,qo(T9 --- - y_�--= ----------- ----- ---�---------------------------------- cos If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10, working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find BID gON O in the amount of $ 10, n ram. n n which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda No. bate Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor porwon Name and Address q f `S'ubeontrador ,Stag License T aass By submission of this proposal, the Bidder certifies That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange 'A IUA S T A S I D S 'f i S TES , being first duly sworn, deposes and says that he or she is n W N t tL of 17, stF s pTG (v the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid bignacure or biaaer 073 Address of Bidder f Subscribed and sworn to before me this day of. , 199 - FE S. MEWER v Comm # 1044994 NOTARY PUBLIC CALIFORNIA Los MFj Comm Expr�s 3 14 NOTARY PUBLIC �Petr NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS, Pipe painting and coating of bridge crossing program (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows "Qualified Person: A person who, by reason of experience or instruction, is famrbar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein Date, A — 5-41 96j . Contractor By r-Api 4sr!jsios T7,-rE5 ©U.RuF�. Title C5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date d - 5 — 19 °16 C-7 'Contractor By &jj% A410S %1src--S nw"(-A-- Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation Dig Alert Identification Number Contractor Title Date Note: Thus form is required for every Dig Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request C-8 BIDDER'S INFORMATION - • BIDDER certifies that the following information is true and correct eA •a rISTnEs ' aom-r i C, t a Bidder Name Business Address (�q &I WpP—o C_4 C% 01 33 City, State Zip ( 510 ) . -.a4-.Cla&D G ia;) A-Z4 — 32 9 ca Telephone Number 0. State Contractor's License No and Class 3-31-14A5 Original Date Issued 3-3t - 11CA 1 Expiration Date The work site was inspected bF1'S7*S of our office on J2 — — , 199C The following are persons, firms, and corporations having a principal interest in this proposal C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth Signature of Bidder ,AA) TFS Printed or Typed Signature Subscribed and sworn to before me this NOTARY PUBLIC day of , 199_ NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years 7 4a,19 D Cis /FD,eVi-y &4 rE� 12i-5-r-4 -2-T Name and Address of Public Agency Name and Telephone No of Project Manager & 61LA 1 G 4APFS i q$Jg G 2%40) Contract Amount type of Work Date Completed a D/jCivay P12p 2frGTS ?2W /gq+/ 14/,4 L TODgy Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Date Completed C-10 fez PAINTING COMPANY P O. BOX 469 PEDRO, CA 90733 _) , D �.D pr rz- UTY CLERn A f CITY or '. C,L F l FED 31 I, i 1 Ty E C'/T / G1 2 /e- 'ea o20Oo 17�1,v s T ,2 . I