HomeMy WebLinkAboutARA Engineering Contractors - 1997-06-02�, „� CITY OF HUNTINGTON BEACH
IL AL.:ff 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM
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See Attached Action Agenda Item ,�—, 5 Date of Approval 7
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
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Connie Brockway
City Clerk
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(Telephone:714-536-5227)
CITY OF HUNTINGTON BEACH "
MEETING DATE: June 2, 1997 DEPARTMENT ID NUMBER: PW 7-033
Council/Agency Meeting Held:
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lQ'Approved ❑ Conditionally Approved ❑ Denied
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Council Meeting Date: June 2, 1997
Department ID Number: PW 97-033
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: �LE�S M. JONES II, Director of Public Works
SUBJECT: ACCEPT CONTRACTOR FOR THE FLOUNDERtPMP STATION
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Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
On February 18, 1997, City Council authorized the "Call for Bids" for the Flounder Pump
Station Upgrade Project; CC-742. On April 15, 1997, staff received bids and now request
Council award the contract to ARA Engineering Contractors.
Funding Source:
$360,000.00 Project account no. E-SM-PC-742-6-75-00
313,000.00 Drainage fund account no. G-ST-3-01-00
$673,000.00 TOTAL
Recommended Action:
1. Accept the low bid submitted by ARA Engineering Contractors, 22600-G Lambert
Street, Suite 1405, Lake Forest, CA 92630 and authorize the Mayor and City Clerk to
execute the contract for the Flounder Storm Drain Pump Station Upgrade; for a total bid
amount of $540,000, And,
742RCA2.DOC -2- 05/08/97 8:31 AM
AUTHOR:Steve Krieger
REQUEST FOR COUNCIL ACTION
MEETING DATE: June 2, 1997 DEPARTMENT ID NUMBER: PW 97-033
2. Authorize staff to appropriate $313,000 from drainage fund account no. G-ST-3-01-00
to cover the cost of the Flounder Storm Drain Pump Station Upgrade, And,
3. Authorize the Director of Public Works to expend $673,000 to cover contract cost of
$540,000, estimated construction change orders of $108,000 and anticipated
supplemental expenses of $25,000.
Alternative Action(s):
Reject all bids and direct staff to re -advertise or abandon the project.
Analysis:
In 1995, staff was successful in obtaining a FEMA grant up to an amount of $346,444, to
enlarge the severely deficient Flounder Pump Station. This money, along with the available
funds in the City's Talbert Channel Drainage account will be used for the construction of the
improvements to the pump station.
Because payments from FEMA to the City will be made on a reimbursement basis and are
paid at 50% of eligible costs as work is completed. The City must front all the project funds
from the Talbert Channel Drainage account now. As the contractor requests progress
payments from the City, the City will make its request to FEMA for the eligible
reimbursements. The funds received from FEMA will be use to reimburse the Talbert
Channel Drainage account.
On February 18, 1997, the City Council authorized the call for bids. Bids were received on
April 15, 1997, and are summarized in order of increasing bid amounts:
Bidding Contractor
Bid Amount
1.
ARA Engineering Contractors
$540,000.00
2.
Urbantec Engineers
$720,000.00
3.
PR Burke
$1,077,499.00
4.
Caliagua
$1,147,497.00
5.
Americon Constructors
$1,147,623.00
6.
Pascal & Ludwig Engineers
$1,175,900.00
7.
Nationwide Construction
$1,263,500.00
742RCA2.DOC -3- 05/08/97 8:31 AM
AUTHOR:Steve Krieger
REQUEST FOR COUNCIL ACTION
MEETING DATE: June 2, 1997 DEPARTMENT ID NUMBER: PW 97-033
Because of the large price differential between the low bidder and the median bid, staff
performed an extensive check on ARA, this included the reference check in which they
received favorable results from the clients that they have worked for in the past, a detailed
in- house review by staff and consultants; and a detailed interview with the contractor.
After this in depth review of the low bid contractor, staff is comfortable that the work can be
completed as bid and recommends the acceptance of ARA Engineering Contractors. The
engineer's estimate for this project was $630,000, which is approximately 14% higher then
the low bid of ARA Engineering Contractors.
Following is a summary of requested expenditure authorization:
Contract Amount
Anticipated Change Orders
** Supplemental Expenses
NOTES:
$540,000.00
108,000.00
25,000.00
Total $673,000.00
Because of the some what complex nature of the Flounder Storm Drain Pump
Station project, staff is requesting 20% be reserved to cover change orders instead
of the normal 10% limit set by Resolution number 4896. Examples of possible
change orders include changes in field conditions, unavailable materials, errors in
the plans or changed City requirements.
** Soil testing, reprographics, etc.
Environmental Status:
The project is determined to be categorically exempt pursuant to Section 15301.
Attachment(s):
F.I.S.
Location Map
S.E.K.
742RCA2.DOC -4- 05/08/97 8:31 AM
AUTHOR:Steve Krieger
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CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Michael T. Uberuaga, City Administrator
From: Robert J. Franz, Deputy City Administrator
Subject: FIS 97- 37 Flounder Pump Station Upgrades
Date: May 7, 1997
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for the Flounder Pump Station Upgrades.
If the City Council approves this request, the estimated unreserved,
undesignated fund balance of the Drainage Fund at September 30,
1997/,ill * reoced to $747,000.
F;obert J. Franz,
Deputy City Administr r
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Page 8 - Council/Agency Agenda - 06/02/97
(8)
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
Recommended Motion: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council/Redevelopment Agency) Minutes (120.65) - Approve and adopt the
minutes of the corrected page No. 14 of the City Council/Redevelopment Agency
adjourned meeting minutes of April 1, 1996 pertaining to pier Plaza Budget Amendment.
Submitted by the City Clerk
[Approved -- 7-0]
E-2. (City Council) Aareement Between Citv & Huntinaton Beach Union Hiah School
District For School Field Lighting (600.10) -Approve an Agreement between the City of
Huntington Beach and the Huntington Beach Union High School District for Development of
Improvements Upon Certain Portions of District Property and authorize execution by the
Mayor and City Clerk. Submitted by the Community Services Director
[Approved -- 7-0]
E-3. (City Council) Historic Resources Board Appointment - Bill Borden - Approve the
appointment of Bill Borden to the Historic Resources Board to a term expiring
June 30, 2001. Submitted by the Community Services Director
[Approved -- 7-0]
E-4. (Citv Council) Acireements Between The Citv And Terry Schoonhoven and
Lloyd Hamrol For Manufacturing And Installation Of Art Work For The Municipal Pier
Plaza (600.10) - Approve and execute execution of the following two agreements:
Agreement between the City of Huntington Beach and Terry Schoonhoven for the
Manufacturing and Installation of Art Work (Historical Mural) at a cost not to exceed
$40,000 and 2. Agreement between the City of Huntington Beach and Lloyd Hamrol for
the Manufacturing and Installation of Art Work Pier Plaza Amphitheater at a cost not to
exceed $229,480. Submitted by the Community Services Director
[Approved -- 7-0]
E-5. (City Council) Bid Award - Accentance_Of Contractor For Flounder Pump Station
Upgrades - CC-742 - ARA Engineering Contractors (600.60) - Accept the low bid
submitted by ARA Engineering Contractors, for a total bid amount of $540,000, and
2. authorize staff to appropriate $313,000 from drainage fund account No. G-ST-3-01-
00 to cover the cost of the Flounder Storm Drain Pump Station Upgrade, and
.3. authorize the Director of Public Works to expend $673,000 to cover contract cost of
$540,000, estimated construction Change Orders of $108,000 and anticipated
supplemental expenses of $25,000. Submitted by the Public Works Director
[Approved -- 7-0]
(8)
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ARA ENGINEERING CONTRACTORS, FOR
THE FLOUNDER PUMP STATION UPGRADE
TABLE OF CONTENTS
Page No.
1. STATE OF WORK; ACCEPTANCE OF RISK
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS
3. COMPENSATION
4. COMMENCEMENT OF PROJECT
5. TIME OF THE ESSENCE
6. CHANGES
7. NOTICE TO PROCEED
8. BONDS
9. WARRANTIES
10. INDEPENDENT CONTRACTOR
11. LIQUIDATED DAMAGES/DELAYS
12. DIFFERING SITE CONDITIONS
13. VARIATIONS IN ESTIMATED QUANTITIES
14. PROGRESS PAYMENTS
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
17. WAIVER OF CLAIMS
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
19. WORKERS COMPENSATION INSURANCE
20. INSURANCE
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
22. DEFAULT & TERMINATION
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER
24. NON -ASSIGNABILITY
25. CITY EMPLOYEES AND OFFICIALS
26. STOP NOTICES
27. NOTICES
28. CAPTIONS
29. IMMIGRATION
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
31. ATTORNEY FEES
32. ENTIRETY
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CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ARA ENGINEERING CONTRACTORS, FOR
THE FLOUNDER PUMP STATION UPGRADE
THIS AGREEMENT, made and entered into this 2nd day of
June , 1997, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY', and ARA
ENGINEERING CONTRACTORS, a general partnership, 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 Flounder Pump Station upgrade in the City of
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Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered in the prosecution of work,
and for all other risks of any description connection with the work, including, but not limited to, all
expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner shown and described in this
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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 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 chapter
of the American Public Works Association and the Southern California District Associated
General Contractors of the California Joint Cooperative Committee;
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E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and
expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed Five
Hundred Forty Thousand Dollars ($540,000), as set forth in the Contract Documents, to be paid
as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days
after notice to proceed is issued and shall diligently prosecute PROJECT to completion within
one hundred eighty (180) consecutive working days (including parts, equipment and pipe
delivery) from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for
in this Agreement.
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5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
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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.
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
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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 working 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 One Thousand Dollars ($1,000)
per day for each and every working day's delay in completing the work in excess of the number
of working/calendar days set forth herein, which represents a reasonable endeavor by the
parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in
the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages
herein provided, and further agrees that CITY may deduct the amount thereof from any monies
due or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
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.
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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) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
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(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
section. The DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where
the actual quantities used in construction of the PROJECT are in variation to the quantities listed
in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under this Agreement. If the quantity
variation is such as to cause an increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for extending the completion
date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous 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
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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.
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
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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.
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,
10
3/k/agree/flounder/5/13/97
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers,
agents and employees, and all public agencies as determined by the CITY as Additional
Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect
during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000)
combined single limit coverage. If coverage is provided under a form which includes a
designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In
the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known
depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation
rights against CITY and agrees to provide certificates evidencing the same.
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.
11
3/k/agree/flounder/5/13/97
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
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.
12
3/k/agree/flounder/5/ 13/97
26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold,
or any similar legal document. Said obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not
CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed
cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under
this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by such
party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
13
3/k/ag ee/flounded5/ 13/97
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor
work involving legal services, and that such legal services are expressly outside the scope of services
contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter
Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for
payment of any legal services expenses incurred by CONTRACTOR.
31. ATTORNEY'S 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's fees.
32. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their authorized offices the day, month ^c . ! _ Ir fas: above written.
ARA ENGINEERING CONTRACTORS,
By: J/- ,
Ali Yhdanshenas, general partner
REVIEWED AND APPROVED:
City Administrator
`ITY OF HUNTINGTON BEACH, A municipal
corporation of the State of California
Mayor
4149ML 04094�—
ATTEST:
City Clerk 61--147 jr
APPROV�QE/^ID AS TO FORM:
Attorney
INITATED AN
Director of PNblic
14
3/k/agree/flounder/5/ 13/97
................. .1 ��,....�7 ..------- -----.
-IS$i3B-DATE �M�9jDD)YY(
4F' :rIC,TI;LIT., LlllTCu; 06/G4/97
PRODUCER � g.Ie. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
AMERICAN JUNIOR OF SOUTH CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDBR.THIS CERTIFICATE
INSURANCE SERVICES DOES NOT AM$ND,BXTBND OR ALTER THE COVERAGE AFFORDED BY THE
16200 VENTURA BLVD �� POLICIES BELOW,
SUITE 425 ......... . ......... ... .........
ENCINO, CA. 91436 /p/a. %g 7 CCJb'iP1�il]38 ,AFFORDING COV8RAG]K
COMPANY
A FIRST FINANCIAL, INSURANCE COMPANY
hINSURED .............. ..------ ......................... tCOMPANY .,,..,.. - ..�
ARA ENGINEERING CONTRACTORS-H.----.......-,........... .,_-..._,.._
28102 HARIA COMPANY
MISSION VIEJO, GA, 92692 C
CO6.iSPANY .....................................................
...�.............
--..,.............. ........... ,.........,
COtIBRAGBS ,.._--+------------------------------- --
TMISA S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY RE UIRBMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BB ISSUED OR MAY PERTAIN TDB INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHORN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICY NUMBER IP,O-L,i6-iiii�iiii
TIMM/D)POLICY
iMtYID AY)ON LIMITS
A ' GENERAL LIABILITY Fat??G11373a 07�M96 07/27/97 GENERAL AGGRB ATE aaaaoaa 1
X COMMERCIAL GENERAL LIABILITY
I t�]CLAIMS MADE IJOCCUR,
RNER' S & CONTRA TOR' $ PROT.
-- -
A0 OMODILS LIABILITY ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
II ANY AUTO
...............................
XCBSS LIABILITY
UMBRBLLA FORM
OTHER THAN UMBRELLA FORM
---
WORKER'S COMPENSATION AND
EMPLOYER'S LIABI ITY
THE PROP�IBTORj
PARNTBRE EXBCU IVE (] INCL
OFFICERS ARE: I J BXCL
OTHER ............ ...._....,.,
--_-_- ----------------
NOT COVERED,tt..,_..._
NOT COVERED.f...............
.NOT COVERED... .t. » +.-........
NOT COVERED. ._..�.._.. „ _......
.NOT COV$RBD.,_...�.... ...........,
PRODUCTS -COMP OP AGG.
PERSONAL & AD .INJURY
1660600
1000000
EACH OCCURRENCE
1000000
FIRE DAMAGB(Any one fire)
MBD.EXPBNSB Any one person)
1
50004
1000
--------------------------
COMBINED SINGLE
------------
LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
Per accident)
PROPERTY DAMAGE
S
-- — ------------------- „------ *------- ---
AUTO ONLY - BA ACCIDENT
OTHER THAN AUTO ONLY:
BACH ACCIDENT
AGGREGATE
EACH
OCCURRENCE
...... ....................................
C 1NC STATUTORY ( ] OTHER
LIMITS
BL EACH ACCIDENT
8L D19BASE-POLICY LIMIT
IEL DISBASB-BA EMPLOYEE
.,- t-- -- - - -- I...............„_,,.t............._.._..+............,_„ +..
DESCRIPTION OF OPERATIONS LOCATION6 VEHICLES//SPECIAL ITEMS
CBRTIFICATB HOLDER IS ADD TIONAL IN TO ABOVE POLICY.
..._,,........................................... - --
C1S;IZ,TZFICATB HOi�SR C8L1.A
CITY OF HONTINGTON BEACH SHOULD ANY 0
ITS AGENTS OFFICERS AND EMPLOYEES BxFIRA"10NP.Q.BOX 79b 30DA
RUNTINGTON BEACH, CA. 9244E LIFT,
............ t------------------.._�,
HB ABOVE DESCRIBED P0bbBS BB ELLED BEFORE THE
THEREOF, THB ISSUING COMPANY WILL MAIL
9 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
................... ,,. __._.,. .._.. .......
AUTHORIZED RBPRBSENT IVS _
tnrynva,- (1/95) ----------------
.......... ...........+-----.._,_........,_+ ... 2'i'CC??�CUP41tATIUIY-188...
�-.... _._.-------------._.........._.......... ---- -- - ,,...,...._...
JUN-11-9 WED 12.08
',,
P. 03
TmIe ImbOR38M6NT
.1DD I TIONAL
Talc endor aUont eodrgiec insurance provl
Nswe of person or Orgenllatlona
CITY OP SUNTINGTOIQ R"CU
ETS ACANT9, OPPIcaRS A O PLOveeS
p.o. box 190
9UNTINDTQN SEACU, CA D2649
wao is AH TwookEb (section 11) In amended
only with respect to liability arlaing out
Till* Inaurance dose not apply to any ^pccv,
mass in the Schedule. I
All of the provlelona and QXclvulone of
SQ-9-197 1295
Tuc POLICY, pLIu11St RzAv IT cARS9ULLV
URED - OWNCRS, LESSTVS OR CO.NTRACPORS
uneer the followings
6KW$Rd-L I.�IASILITH CQVERAG& PART
OCSEDULd
o iholude as on insured the person or opgonimation Mhoun in the Sohedule, but
Of 'yOV.r work^ fair that inourod Or for you.
rentsl mriaing out of the neglaot or negligence of the Pexeor or org�aniaation
th�s peligy that apply to 1.IABILYTY COVERAGE elao apply to thle endoraemeht.
1�J Sa`i�l)�41� T1E
JUN-11-97 WED 12:08
' );-5
P. 02
POLICY NUNl3ERr r 01770113733
THIS "MORSUMENT
N(yrtr Tbi■ Sorb in not t0 be
This ondorss®mnt bodiflob 1HGUY4knCY YKQVI
coMMEACIAL PROPERTY COVSRAC$ PART
-K— COMMERCIAL 43EX49RAL LIADIL'TTV COME'
EFFECTIVE DAM 06/04/97
Es THE POLICY. PLEASE READ IT OAREFULL4.
for ssnuscr pt Coverage changes or COnaent to rats.
an4az "0 Folkoving (ohoak all that OPPly)s
PART
IN MNSIDERATIOU OF Apt ADDITIONAL PREMIUM O $100.00 IT Is %Zk6HY AGRB)'D THAT
FORM 80-9-L97 (13/95) APPITI01+AL INSURED - ERs, LEasrrs on comwRAcTox9, I6 ADDVD AS PER
TAG ATT,ACRED.
TOTAL
ALL OTUER TV"4 AND CONDITIONS REMAIN
04/01/97;14A
SG-I-040-CA 193
i /3
TOED,
FRENx VN t $100.00
r
;...Firm
F .
STATE
F_
CITY OF HUNT
RISK MANAGEWI
2000 MAIN ST
HUNTINGTON B
x
P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
TE OF WORKERS'COMPENSATION II
P(
CERTIF
CA
AC N
92648 JOB: ALL OPERATIONS
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for -the polj bperiod indicated.. -
policy is not subject to cancellation by the Fund except upon ,3X days' advance written notice to the employer.
30
We will also give you XE)N days' advance notice should this policy be cancelled prior to its normal expiration.
AUTHORIZED REPRESENTATIVE .. .. - .. PRESIDENT
EMPLOYER'S LIABILITY LIMIT 'TNCLUSDING'6EFENSE'COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE
01/01/97 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND sclF 10262 (REV. 3-95)
I have received Performance & Payment Bond No. SA 1462929
Re: Flounder Pump Station - CC-742
,ram!
Dated:
By:
413
-I-Ht FMM1UM IS PREDICATED ON
THE FINAL CONTRACT PRICE AND
IS SUBJECT TO ADJUSTMENT
KNOW ALL MEN BY THESE PRESENTS,
PINNACLE SURETY & INSURANCE SERVICES
151 Kalmus Dr., Suite F-3A • Costa Mesa, California 92626
hone�(714) 546-5100 • Fax: (714) 546-3707
PERFORMANCE AND PAYMENT BOND
BOND NO. - SA 1462929
thatwe, ARA Engineering Contractor, 22600-G Lambert Street, Suite 1405,
Lake Forest, CA 92630
as Principal (hereinafter called the Principal), and Star Insurance Company, a corporation under the laws of the State of
Michigan, as Surety (hereinafter called the Surety) are held and firmly bound unto City of Huntington Beach,
2000 Main Street, PO Box 190, Huntington Beach, CA 92648
(hereinafter called the Owner), and to all persons who furnish labor or material directly to the Principal for use in the
prosecution of the work hereinafter named, in the just and frill sum of (1) Dollars
($ 540,000.00 ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind
themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents. (1) Five Hundred and Forty Thousand and 00/100
WI-MREAS, the Principal has entered into a certain written contract, with the Owner, dated the
day of 119 , to Upgrade Flounder Storm Drain Pump
Station; CC-742
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS such that,
if Contractor shall promptly and faithfully perform said Contract, then this
obligation shall be null and void: otherwise it shall remain in full force and
effect.
Whenever Contractor shall be, and declared by Owner to be, in default
under the Contract, the Owner having performed Owner's obligation
thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with
its terms and conditions, and upon determination by Surety of the lowest
responsible bidder, or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible bidder, arrange for a
contract between such bidder and Owner, and make available as work
progresses (even though there should be a default or a succession of defaults
under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of
the contract price: but not exceeding, including other costs and damages for
which the Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price; as used in this
paragraph, shall mean the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less the amount properly
paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2)
years from the date on which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person
or corporation other than the Owner named herein or the heirs, executors,
administrators or successors of the Owner.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if
Principal shall promptly make payment to all claimants as hereinafter defined,
for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void: otherwise it
shall remain in full force and effect, subject, however, to the following
conditions.
I. A claimant is defined as one having direct contract with the Principal
or with a Subcontractor of the Principal for labor, material, or both, used or
reasonably required for use in the performance of the Contract, labor and
material being construed to include that part of water, gas, light, heat, oil,
gasoline, telephone service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby jointly and severally
agree with the Owner that every claimant as herein defined, who has not
been paid in full before the expiration of a period of ninety (90) days after
the date on which the last of such claimant's work or labor was done or
performed, or materials were furnished by such claimant, may sue on this
bond for the use of such claimant, prosecute the suit to final judgment for
such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a. A claimant not having a direct contractual relationship with the
principal contractor shall not have a right of action upon the payment bond
unless (1) he has within 30 days after furnishing the first of such material or
performing the first of such labor served on the principal contractor, a
written notice, which shall inform the principal of the nature of the materials
being furnished or to be furnished, or labor being performed or to be
performed, and identifying the party contracting for such tabor or fuaterials
and the site for the performance of such I or t drjivei� "of §114K ,-
materials, and (2) he has given written not a to th incij'a1'conVrietor and, 3
the governmental unit involved within 3 da r �t ech.the
claimant performed the last of the labor i 1'
the material for which the claim is nl�q e, statih ith sta} ha curacy
the amount claimed and the name of VMt , nfi ,to t material was
furnished or supplied or for whom the Ia ol;was tf performed.
b) After the expiration of one (1) year following the date on which
Principal ceased Work on said Contract, it being understood, however, that
if any limitations embodied in this bond are prohibited by any laws
controlling the construction hereof, such limitations shall be deemed to be
amended so as to be equal to the minimum period of limitations permitted
by such law.
C. Other than in a state court of competent jurisdiction in and for the
county or other political subdivision of the state in which the Project, or any
part thereof, is situated, or in the United States District Court for the district
in which the Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any
payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount of such lien be
presented under and against this bond.
Signed and sealed this 28th day of May 119 97
(Witness)
(Witness)
ARA Engineering Contractor
(Principal)-- (Seal)
(Title)
STAR INSURANCE COMPANY
By &t. -
Mark/N. G1 d ding (Seal)
(Attorney -in -Fact)
10 48 SU 01 94 Page 1 of 1 [prgms\srty\bonds]
w
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside )
On May 28, 1997 before me, Julia Bo Leonard, Notary Public ,
Name and Title of Officer - e.g., "Jane Doe, Notary Public"
personally appeared Mark N. Gladdin_a, Attorney in Fact ,
Name(s) of Document Signer(s)
(x)personally know 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 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 behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
JuWL �b 4WwZL
Signature of Notary
OlMy
JULIA BO LEONARD
COMM. #1033499 Tx.NOTARY PUBLIC - CALIFORNIA v
Cr
RIVERSIDE COUNTYr Comm. Expires July 28, 1998
(Affix seal in the above blank space)
TITLE OR TYPE OF DOCUMENT: Performance and Payment Bond
NO.: SA 1462929
(Void unless numbered in red.)
KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does make,
constitute and appoint
KENNETH A. COATE ** MARK N. GLADDING OF RIVERSIDE, CALIFORNIA
its true and lawful attorney -in -fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and
contracts or suretyship to be given to
Applicable to All Obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
two million five hundred thousand ($2,500,000.00) dollars.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company on the 7th day of January, 1993.
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice
President or a Vice President of the Company be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney -in.
fact named in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts of suretyship; and that an Assistant
Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of
Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is
attached."
IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be
signed by its Senior Vice Presidents and attested by the Secretary this 4th day of February 1997.
A st: STAR INSURANCE COMPANY
By
Michael G. Costello, Secretary ?`�JNC�0O M ner, Senior Vice President
/Goaaorur
STATE OF MICHIGAN } a: •� y
} ss.: !k\�SEAL i
COUNTY OF OAKLAND } 4/CMIG -
On this 4th day of February, 1997, before me personally came Marc S. Willner, to me known, who being by me duly sworn, did depose and
say that he is a Senior Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation; that the seal affixed to the said instrument 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.
i I
?�' pTAq .u'
a: �•�
NOTARY PUBLC{y�.
i�t't EMMMIV
°► p(/g��G/ter
NOTARY PUBLIC - OAKLAND COUNTY, MI
ao n `
co,
CERTIFICATE MY COMMISSION EXPIRES 03/13/99
I, the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said
Power of Attorney, is now in force.
Signed and sealed at the city of Southfield in the State of Michigan. Dated L',e?$ tlld21c'ha
97 .
. Co�14
ecetay
THIS DOCUMENT IS NOT VALID UNLESS PRINTED WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF
YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT, YOU ARE URGED TO CONTACT OUR
POWER OF ATTORNEY CUSTODIAN AT 1-800-394-7806. DIRECT CLAIMS CORRESPONDENCE TO FUNDS MANAGEMENT,
INC. 185 ASYLUM ST., HARTFORD, CT 06103-3403
6030-Feb. 97 Page 1 of 1
mod,,
COPY TO:
,�,,-
SHEILA
GENEIL
FLOUNDER PUMP STATION
CC-742
April 15, 1997 2:00 PM
Engineer's Estimate: $630,000
BID LIST
BIDDER'S NAME
RANK
TOTAL BID AMOUNT
1. 101 Vertical Fabrication
$
2. A R A Engineering$
3. Allied Steel
$
4. AmeriCon Constructors
$ 4 iq7,
5. Ameron International
$
6. Beard Electric
$
7. Be lik Drilling
$
8. Bruce Park
$
9. C S R Hydro Conduit
$
10. Caha a, Inc.
$ /y
11. Carol Electric
$
12. Colich & Sons
$
13. Den Boer Engineering
$
14. Domar Electric
$
15. Ecology Construction
$
16. Engineered Systems
$
17. F T Ziebarth
18. Falcon General Engineering
$
19. Fdanc Construction
$
20. Flo Systems, Inc.
$
21. Foothill Engineering
$
22. Gierlich-Mitchell, Inc.
$
23. Grangregorio Construction
$
24. Griffin
$
25. K E C Engineering
$
26. M D Construction and Management
$
27. Margate Construction
$
28. Mel Smith Electric
$
29. Nationwide Construction Co.
$ xacoza 0
30. Olsson Construction
$
31. Orion Construction
$
C C-742
BID LIST
BIDDER'S NAME
RANK
TOTAL BID A OUNT
32. P R Burke
$
33. Pacific H drotech Corp.
$
34. Pascal & Ludwig Engineers
$ ^j
35. PRO Mechanical Corp.
$
36. R C Foster Corp.
$
37. S S Mechanical
$
38. Schuler Engineering
$
39. Shasta Electric
$
40. Shultz Electric
$
41. Southern California Underground
$
42. S flat Construction
$
43. Stevens Construction
$
44. Tesco Controls, Inc.
$
45. Tullus
$
46. Unit Construction
$
47. UrbanTec Engineers
$ Igo
48. W A Rasic Construction
$
49. Wagner Construction
$
50. West & Sylvester Electric
$
Page Two
12108V3 pg 2
AIU Insuranco Company
American Homo Assurancu Company
Granite Slate Insuranco Company
The insurance Company of the State of Pennsylvania
National Union Fire Insurance Company of Pittsburgh. Pa.
Now Hampshire Insurance Company
BID BOND
(AIA 310)
KNOW All MEN BY THESE PRESENTS:
v
worldwide
l Bondiuq
American International Companies
Principal Bond Division
70 Pine Street. New York, N.Y. 10270
That Nationwide Construction Company, Inc. , as Principal, and
National Union Fire Insurance Company -of Pittsburgh Pennsylvagi %,jy, are held and firmly bound
unto __ City of Huntington Beach , as Obligee, in Ilse stem of
10% of Total Bid Amount Dollars
(S 10% of Bid ), lot the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their
heirs, executors, adntinistra►ors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS. ore Principal has subnulted a bid for FLOUNDER PUMP STATION UPGRADE
Cash Contract No. 742
in the
' City of Huntington Beach
NOW, THEREFORE. it ilia Obligee shall accept the bid of the Principal and Ilse Principal shall enter into a Contract with [lie Obligee in
accordance with ilia Imes of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety lot the failliful performance of such Contract and for the prompt paynient of labor and material furnished in
the prosecution thereol. or in the event of [lie failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to ilia Obligee the difference not to exceed Ilia penalty hereol belween [he aniount specified in said bid and such
larger aniount lot which the Ohligea niay in good lailh contract with another party to perforin the Work covered by said bid. then this
obligation shall be null and void, otherwise to remain in lull force and effect.
Signed, scaled and dated April 10, 1997
Natirrwide Cmistruction ampmwa im.
Uh..M:9udl (Sraq
Baitiiwa Pane. Ccapm " ' Skxetary c! .
By
S. Tate, Pia ident Il ucl
Narri.rnal Union Eire Insurdrice c;GIPMry
of Pittsburgh Ptrxylvania
!Suwlyl
Bond No
By,
—ELizdbeth K.
Atiorneyharact
23373 13 1141 '/
• American Home Assurance Company POWER OF ATTORNEY
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 02-1348214
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh,
Pa., a Pennsylvania corporation, does each hereby appoint
—Richard C. Holton, Timothy R. Wolf, Elizabeth K_ Quigley: of Clayton, Missouri --
its true and lawful Attorncy(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective
company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these presents
.ti
nt . roe•
STATE OF NEW YORK )
COUNTY OF NEW YORK)ss.
this 2nd day of May 1995.
Willlant-D. Smith, Pres' cnt
On this 2nd day of May 1995 before me came the
above -named officer of American Home Assurance Company
and National Union Fire Insurance Company of Pittsburgh,
Pa., to me personally known to be the individual and officer
described herein, and acknowledged that he executed the
foregoing instrument and axed the seals of said
corporations thereto by authority of his office.
'JOSeprl a, NOZZOLIO
Nolary public, St,rc c, Jow Yorl
ti No. (t•NO:652754
Puafified In Y/e;r�t;es cr
O'
A Fxpira tan. 31, 1 y
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company
of Pittsburgh, Ila. on May 18, 1976:
'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorizer] to appoint Attorneys -in -Fact to
represent and act for and on behalf of the Company to execute bonds, undertakings, recognizanees and otter contracts of indemnity and writings
obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
*RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to
am cerwicate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall
tti %aid and binding upon the Company -Mien so affixed with respect to any bond, undertaking, recognizance or otter contract of indenmity or
%%riling obligatory in the nature thereof
'RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
cen., f icauon the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact."
I, Eh/abcth M Tuck, Secretary of American Eiome Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do
hcrcl•% ccrtif} that tie foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attomey
usucd purmiant thereto, are true and correct, and that both the Resolutions and tie Powers of Attorney are in full force and effect.
IN WITNESS -WHEREOF. I have hereunto set in,; hand and affixed the facsimile seal of each corporation
this —f—'L- day of ` 19�!
Elizabeth M. Tuck, Secretary
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Rhonda C. Abel, of Costa Mesa, California their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for
and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to
the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
Companies and seated and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneys) -in -Fact may do in
pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of
Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity
and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them.
2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings.
recognizances, contracts of indemnity and other writings obligatory in the nature thereof. - - -
3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory
undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. -
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance
_ Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial
Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994.
- "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by
facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so
- executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is
attached."
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19,
1996.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
o° •ro• 09n..,
RELIANCE NATIONAL INDEMNITY COMPANY
Ir • t•
STATE OF Washington }
COUNTY OF King } SS.
On this, July 19, 1996, before me, Janet Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of
the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and
that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the
corporation by himself as its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
Not ry Public in and for the State of Washington
Residing at Puyallup
I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP-
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of April. 19 97 -
�y „ r� •, ..;�° �� Assistant Secretary
St,tL*,EAL • W o
ALL-PURPOSE ACKNOWLEDGMENT
F* -.991=W 0 "mow 0 -dolow 0 -.9000. * -MENN. a -INNOW 0 --domw 0 dwmw� 0 -.0810. 0 -NEWS. 0 ."WAMW * --amew 0 -meow 0 -INNN. 0 -womb. 0 --� 0
State of California
' County of San Bernardino SS.
'• April 10 1997 Karen L. Bermudez
On before me,
(DATE) (NOTARY)
personally appeared Oscar Bruner
SIGNER(S)
• ® personally known to me - OR- ❑ proved to me on the basis of satisfa
! evidence to be the person(s) whose n,
' is/are subscribed to the within instrume
• acknowledged to me that he/she/they ex
the same in his/her/their auth(
ctory •
me(s) !
it and '
�cuted
rized
capacity(ies), and that by his/her/their
•
'
signature(s) on the instrument the person(s),
'
KAREN L. BERMUDEZ
or the entity upon behalf of which the
'
' ^' Comm. 110923.
person(s) acted, executed the instrument.
'
►►AA
NOTARY FUBLIC•CALIFORNIAVlSan
• U1IpMy
Bernardino County
Comm. Expires MarcA28,2460 "�
WITNESS my hand and official seal.
i
'
'
4�n
I
•
NOTARY'S SIGNATURE
' OPTIONAL INFORMATION
'
' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
•
' CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
DESCRIPTION OF ATTACHED DOCUMENT
'
❑ INDIVIDUAL
i ❑ CORPORATE OFFICER
Bid Bond
'
'
TITLE OR TYPE OF DOCUMENT
'
TITLE(S)
' ❑ PARTNER(S)
'
❑ ATTORNEY -IN -FACT
•
' ❑ TRUSTEE(S)
1
'
NUMBER OF PAGES
• ❑ GUARDIAN/CONSERVATOR
•
' ❑ OTHER:
'
April 9, 1997
'
DATE OF DOCUMENT
! SIGNER IS REPRESENTING:
!
NA E,OF PERSON(S) OR ENTITY(IES)
' Caiiaqua, Inc.
.
OTHER
.
APA 1194 VALLEY -SIERRA, 800-362-3369
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS,
THAT WE.
Pascal & Ludwig Engineers
as Principal, hereinafter called Principal, and
Safeco Insurance Company of America
a corporation duly organized under the laws of the State of Washington
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Huntington Beach
as Obligee, hereinafter called Obligee, in the sum of Ten Percent of the total amount bid
( 10% ) DOLLARS, for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Flounder Storm Drain Pump Station, CC. 742
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance
with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety
for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event
of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to
exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with
another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Sealed with our seals and dated this 4 th day of
Bid Date: April 9, 1997
. Z.
April , 1997..
PASCAL & LUDWIG ENGINEERS
(Principal '
(rdle)
INSURANCE COMPANY OF AMERICA
(Sureyo&_'�
(Witness) � ,
(Attomey4n-Fact) Sheila McDonald
mA DOCUMENT A310 BID 9oNO - MA FEHRUARy 1970 ED -THE AMERICAN INSTR M OF ARCWTECTS
WC Record##:
so IR
CALIEFORINTA ALL-PURPOSE ACID ;ONVLEDGMENT
State of California
County of Orange
On April 4, 1997 before me, Lourdes Landa Notary Public
D&Lc NotAry
personally appeared Sheila McDonald
Name ofSigicr(z)
Fg personally kno,%m to me - OR - --7
LCUpD�S LANE'
CQ 1067234
\:Ik'
Co''AITY ti
y C: 7q E\
proved to me on the basis of satisfactory evidence to be the person(s) whose
the person(s) whose name(s) is/are s:ubscnbed to the within instrument and
acknowledged to me that he/shc/they ex---utcd the same in histhuAhcir
authorized capacity(ics), and that by hisfher/thcir signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted. cx---uted the
instru.mcnt.
WIT,',,.7ESS my
Siznarum-ofl'
Thouo the dau bloc = rwe rcquwcd * L. a s prz. v xble :& pn rckyv4 =:he docurnc= w%d --III �cwa
CAPACITY CI—ALN= BY SIGNER
DD5-a)UA.I(S)
❑ CORPORATE OFFICER(S)
TITL-E.S(S)
❑ PARTNER(S) ❑ Umr,--r-D
❑ GENT-R-ILL
0 AT'1701WEY-Di.-FACT
C1 TRUSTEE(S)
C1 GUARDIAN/CONSERVATOR
C1 OTHEX
-
DESCRIMON OF :ATTACHED DOCUMENT
TITLE OR TYPE OF DOCLUEN-r
%IJ?vMF-R OF PAGES
DATE OF DOCUICENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR DC1=(1ES)
SIGNER(S) OTHER THAN NAMED ABOVE
1W ��►,
POWER
OF ATTORNEY
SAFECO�
KNOW ALL BY THESE PRESENTS:
SAFECO INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 9935
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
■ M x M4 M M MM MYM■ M M Nxv xxx MMNNn• rr■SHE ILA McDONALD, Santa Ana, Cal iforn iaux nun MM MN MMMN M Kum M M N XXX MM
its true and lawful attorneys) -in -fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings
and other documents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE
COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home
office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 14 t h day of March . 19 96
CERTIFICATE
Extract from the'By-Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. - FIDELITY AND SURETY BONDS .. . the President, any Vice President. the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing
such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however.
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V. Section 13 of the By -Laws, and
00 A copy of the power -of -attorney appointment, executed pursuant thereto. and
(iii) Certifying that said power -of -attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF. AMERICA, do hereby certify that the foregoing extracts of the
By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are
true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 4th day of April , 19 97
S-1300/EP 1/93 1 0 Registered trademark of SAFECO Corporation.
STAR INSURANCE COMPANY
BID BOND
BOND NO. - SA 1462914
KNOW ALL MEN BY THESE PRESENTS,
thatwe, ARA Engineering Contractor
as Principal (hereinafter called the Principal), and Star Insurance Company, a corporation under the laws of the State of
Michigan, as Surety (hereinafter called the Surety) are held and firmly bound unto
City of Huntington Beach as Obligee, hereinafter called the Obligee, in the
sumof Sixty -Eight Thousand Dollars and 00/100 Dollars
($ 68, 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.
WHEREAS, the Principal has submitted a bid for Job No. 742 Flounder Storm Drain Pump
Station Upgrade
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in
the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may
in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and
void, otherwise to remain in full force and effect.
Signed and sealed this 28th day of March 19 97
ARA Engineering Contractor
(Principal)
By
(Witness)
STAR INSURANCE COMPANY
By `
Witness Mark N. Gl a ding Seal
(Attorney -in -Fact)
10 46 SU 01 94
Page 1 of 1
[progs\surety\bonds]
w
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside )
On March 28, 1997 before me, Julia B. Lucio, Notary Public ,
Name and Title of Officer - e.g., "Jane Doe, Notary Public -
personally appeared Mark N. Gladding
Name(s) of Document Signer(s)
(x)personally know 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 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 behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
k
Signature of Notary
;� � NOTARY PUBLIC - CALIFORNIA y
� ` f�IVERSIDE COUNTY i
10>' My Comm. Expires July 28, 1998
(Affix seal in the above blank space)
STAR INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
NO.: SA 1462914
(Void unless numbered in red.)
KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does make,
constitute and appoint
KENNETH A. COATE ** MARK N. GLADDING OF RIVERSIDE, CALIFORNIA
its true and lawful attomey-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and
contracts or suretyship to be given to
Applicable to All Obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
two million five hundred thousand ($2,500,000.00) dollars.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company on the 7th day of January, 1993.
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice
President or a Vice President of the Company be, and that each or any of them is, authorized to execute Powers of Attomey qualifying the attorney -in -
fact named in the given Power of Attomey to execute in behalf of the Company bonds, undertakings and all contracts of suretyship; and that an Assistant
Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of
Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is
attached."
IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be
signed by its Senior Vice Presidents and attested by the Secretary this 4th day of February 1997.
A STAR INSURANCE COMPANY
By
Michael G. Costello, Secretary yJ�FCo M Wee,, Senior Vice President
STATE OF MICHIGAN } m� SEAL /
} ss.:
COUNTY OF OAKLAND }
On this 4th day of February, 1997, before me personally came Marc S. Willner, to me known, who being by me duly sworn, did depose and
say that he is a Senior Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation; that the seal affixed to the said instrument 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.
tw- R06i'
, NOTARY PUBLIC
:NOTARY:o A (�I Exom
pUeL�0 /ter NOTARY PUBLIC - OAKLAND COUNTY, MI
coCERTIFICATE MY COMMISSION EXPIRES03/13J99
Nn w'
I, the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said
Power of Attorney, is now in force.
Signed and sealed at the city of Southfield in the State of Michigan Dated the ;;-8thy of M h 97 .
42ha . Coste , ecretary
THIS DOCUMENT IS NOT VALID UNLESS PRINTED WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF
YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT, YOU ARE URGED TO CONTACT OUR
POWER OF ATTORNEY CUSTODIAN AT 1-800-394-7806. DIRECT CLAIMS CORRESPONDENCE TO FUNDS MANAGEMENT,
INC. 185 ASYLUM ST., HARTFORD, CT 06103-3403
6030-Feb. 97 Page 1 of 1
Bond No.
Fidelity and Deposit Company
POST OFFICE BOX 1227 OF MARYLAND BALTIMORE, MD 21203
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we_ ------------------ AMERI CON CONSTRUCTORS INC.
as Principal, (hereinafter called the "Principal"),
and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation
duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and
firmly bound unto ------ UNTINGTON__BEACH DEPARTMENT OF PUIC WORKS, 2000 MAIN
- -------------------------------------------------B
--------L---------------------------------------------------------
STREET, HUNTINGTON BEACH, CA 92648
----------------------------------------------------------------------------------------------------------as Obligee, (hereinafter called the "Obligee"),
in the sum of TEN PERCENT OF THE AMOUNT - B I D----------- Dollars ($_10 % -OF BID— -),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for_ FLOUNDER PUMP STATION UPGRADE
- -----------------------------------------------------------------------------
_LI�I----tC_C_-Z-42)-_HU_N-_TINGTON__BEACH,___ORANGE--- COUNTY, CALIFORNIA
--- CB IA_---DA-T-F-=-----41.15-!_ QZ)-----------------------------------------------------------------------------------------------------------------------------
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding
or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
Signed and sealed this--------------8TH-------------------------------day of---------------------APRI L--------------------_A.D., 19-- ---
- -
AERI----CON ---CONSTRUCTORS-----,-----I -NC -- -
_(SEAL)
---M-----------------------------------------------
Principal
----------------
Witness
-BY-- -------------------------------- ------------------
Title
FIDELITY AND ! P �-T COMPANY OF RYLAND
Sty
BS------'i = `� - (SEAL)
Witness Title
C325f-50M, 7-92 236374
Conforms to American Institute of Architects Document A-310,
February 1970 Edition.
VALERIE M. PEARCE, ATTORNEY —IN —FACT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of CALIFORNIA,
County of SAN DIEGO
On APRIL 8, 1997 before me, LETICIA SAN MARTIN, NOTARY PUBLIC
DATE NAME, TmF OF OFFICER - E.G-'JANE DOE, NOTARY PUBLIC
personally appeared VALERIE. M. PF.ARGE
NAME(S) OF SIGNER(s) /• y f( y
® personally known to me - OR - PFeyed to Fne on the basis
ITT Sati'faGtGFy eyiden Ge
V •V I\IV VII the YJ V.JIJ VI VIi �lV1
to be the person(s� whose name() isfev
subscribed to the within instrument and ac-
knowledged to me that heWsheAha)x executed
the same in hi;s/her/tiaeir authorized
capacity(ie*, and that by bac/her/tha*
signature(s) on the instrument the person(*,
LETICIASANMARTIN or the entity upon behalf of which the
�.f. COMM. #1120518 o
MOAN PLJBL"ALIDIEGO N � person(; acted, executed the instrument.
V My Commission Expires
DECEMBER 22, 2M
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
T hough 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
❑ INDMDUAL
❑ CORPORATE OFFICER
Tm-Em
❑ PARTNER(S) ❑ LIM=
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSrw(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR eMTYWS)
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 - 8M6 Remmet Ave- P.O. Box 7184 • Canoga Park, CA 91309-7184
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint Valerie M. Pearce of San Diego,
California.......................................................
its rue an awful anent and Attorney -in -Fact, to rnake, execute,,
any and all bonds and undertakings......
n t e execution of such bonds or undertakings in
amply, to all intents and purposes, as if they had been
at its office in Baltimore, Md., in their own proper 1
The said Assistant Secretary does hereby certify extract
2, of the By of said Company. and is n orce.
IN WITNESS WHEREOF, the said Vice P t and A s
Corporate Seal of the said FIDELITY A)VAD SIT COM
--------- Nov_ember............. A.D. 19.9 o Z
ATTEST: (6-0
STATE OF MARYLAND I
COUNTI' OF BALTIMORE ` ss:
,on its behalf as surety, and as its act and deed:
these pr shall be as binding .upon said Company, as fully and
3 and ]edged by the regularly elected officers of the Company
on the reverse side hereof is a true copy of Article VI, Section
Secretary have hereunto subsci��d their names and affixed the
MARYLAND, this ------- ___ ------------- - -------------day, of
COMPANY OF MARYLAND
I
By
Vice -Pr sident
On this --- 4th _day of ------ November-v , A.D. 19__96, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS. Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
CAREw,✓
Notary Public
/
My Commission Expires____ Au_gust-1_ 2000----------------------------
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the said Company, this $TH-_
dayof ----------------------- Apal-L---------- 19--9-7
_____________________________ _________ ___
9
ASsrcmn! Secretary
L1428,—012-9310
THE AMERICAN INSTITUTE OF ARCHITECTS
KNOW ALL MEN BY THESE PRESENTS,
THAT WE, P R BURKE CORP.
2110 E. FIRST, SUITE 120
SANTA ANA, CA 92705 a
as Principal, hereinafter called Principal, and
GREAT AMERICAN INSURANCE COMPANY
P. O. BOX 5440
ORANGE, CA 92613-5440
a corporation duly organized under the laws of the State of OHIO
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
as Obligee, hereinafter called Obligee, in the sum of 10% OF BID
( 10% OF BID ) DOLLARS, for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
FLOUNDER PUMP STATION UPGRADE, CONTRACT NO. 742
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance
with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety
for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event
of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to
exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with
another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Sealed with our seals and dated this 11 day o f April , 1997
Bid Date: 04/15/1997
(Witness)
(Witness)
AIA DOCUMENT A310 810 BOND - AIA FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS
WC Record#: 1306
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California %I
County of Orange
On 4-11-97 before me, Lourdes Landa, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC'
personally appeared P. R. Burke, Jr.
NAME(S) OF SIGNER(S)
❑x 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
1 ,5 LOII ,DES LANDA capacity(ies), and that by his/her/their
CONirO. �(-1067234 signature(s) on the instrument the person(s),
+ .yc NOTAFY PUBLIC or the entity upon behalf of which the
OP,.NGE COUNTY r�
MY COMMISSION EXPItiES JULY 30, 1999 person(s) acted, executed the instrument.
WITNESS my d �d offici seal.
f
SIGNATURE 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 DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL (2) T 6 cr j t uwTl 1VG M N
❑ CORPORATE OFFICER actic 14 A I )D e O A-) !J
❑ PARTNER(S)
TITLE(S)
❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184
State of California
County of Orange
On 4-11-97 before me, Lourdes Landa, Notary Public
DATE NAME. TM.E OF OFFICER . E.Q. 'JANE DOE. NOTARY ft&JC-
personally appeared **James W. Moilanen**
KUME(S) OF s+cNER(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 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 behalf of which the person(s)
LOURDES LANDA acted, executed the instrument
��
57
C011111.01067234
I�GTAFY PUBLIC -CALIFORNIA WITNESS my han fficlal e
ORANGE COUNTY
MY COMMISSION EXPIRES JULY 30. 1999
7:
--v—ri.�r-�.c - - - - --------- - --
NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons retying on the doc urnent and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑CORPORATE OFFICER
TII LE(S)
❑PARTNER(S) ❑UMfTED
❑GENERAL
❑ATTORNEY -IN -FACT
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
❑OTHER:
SIGNER IS REPRESENTING:
NAME OF P7 RSON(S) OR ENTTTYPES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
GZEr'1T' AIVER.ICAN INSURANCE COMPANY
580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than No. 0 13654
SEVEN POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
ROBERT M. MINOT JANINA BEAUDRY ALL OF ALL
MIKE PARIZINO JAMES W. MOILANEN SANTA ANA, UNLIMITED
JOHN M. GARRETT MARGARETA T. HIERL CALIFORNIA
JUDITH K. CUNNINGHAM
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AM ERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 19th day of October 19 95
Attest
STATE OF OHIO, COUNTY OF HAMILTON — ss:
GREAT AMERICAN INSURANCE COMPANY
On this 19th day of October, .995 , before me personally appeared GARY T. DUNBAR, to me
known, being duly sworn, deposes and says that he resided'in Cincinnati, Ohio, that he is the President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority
of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalfofthe Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the
respective limits of their authority: and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract orsuretyship. or other written obligation in the nature thereof, such signature and seal when soused being hereby adopted by
the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect.
Signed and scaled this 11th
day of April , 19 97
S1029P(4 93)
COAST SURETY 1Nmy&ANcs smv1ciss, n4tw
Swth EI Cam(oo Real, Sto.#4, San Clameam, CA 92672 (714WI-1692 Fax (714061-9926 .�
THE AMERICAN INSTITUTE OF ARCHITECTS
'1
ALA,, tA310
Bid Bona Bond No. RIC0511 51 9
KNOW ALL MEN BY THESE PRESENTS, thatwe Urbantec Engineers, Inc.
1835 W. Orangewood, Ste. 330, Orange, CA 92668
as Principal, hereinafter called the Principal, and Ranger Insurance Company
Three Riverway, Ste. 960, Houston, TX 77056
a corporation -duly organized under the laws of the State of Delaware_
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Huntington Beach
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent - (1.0 %) of the Total Amount Bid
Not to Exceed Eighty Thousand and 00/1 00--------------Dollars($80, 0 0 0 . 0 0 - I
for the payment of which sum well and truly to be made, the sold Principal and the sold Surety, bind ourselves,
our heirs, executors, odminlsti ators, successors and assigns, Jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
The Flounder Pump Station
Cash Contract No. 742
NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified In the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the
prompt payment of tabor and material furnished In the prosecution thereof, or In the event of the follure of the Principal to
enter such Contract and give such bond or bonds. If the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified In said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by sold bid, then this obligation shall be null and void, otherwise to
remain In full force and effect.
Signed and sealed this 9 th day of April 1997
Urbantec Engineers, Inc.
(Principol) (Seat)
r (Witness)
(Title)
Ranger Insurance Company
rety) (Seat)
(Witness)
Steven-- . Swartz (tlnej Attorney -in -Fact
ALA DOCUMENT A310 • BID BOND • ALA 0 • FEBRUARY 1970 ED • THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE. N.W., WASHINGTON. D.C. 20006 j
State Of California
Count , f Orange
O before me, N. Swartz, Notary Public ,
r�*D�TE�� NAME, TITLE OF OFFICER . E.G..'JANE DOE, NOTARY PUBLIC -
personally appeared Steven A. Swartz
NAME(S) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the personN whose name(`s,) is/a-Fe
subscribed to the within instrument and ac-
knowledged to me that he/sleet' executed
the same in his/-"^rrcTA�a1 authorized
` capacity(+e-s�, and that by his/hefA*eff
signatureN on the instrument the person(s�,
or the entity upon behalf of which the
person(s) acto,-exqcuted the instrument.
N. SWAM WITN tha0andfficial seal.
Com hiss # 1015M
Notary PUbBc — Ccoomia
-meorave Cow*
My Comm.Exphn Jan30. 1998
SIGNAI`URE OF OTARY
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
FRI ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Ranger Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
`--
TITLE 6R 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
LIMITED POWER OF ATTORNEY
LIMITED TO BID BONDS ONLY
Estimatedgwa Mn'b$g��NUEf�INSURAnNCA i1 4 rf BO�IDp ini RTWy;J 19
s e, ons Ituted an a olntei?,"�� �7sfsabesma<�
constitute and appoint
Steven A. Swartz
its true and lawful Attorney -In -Fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, bid bonds, and other documents
of a similar character issued in the course of its business, and to bind the Company thereby, provided that no bid bond executed under their authority shall exceed
in the amount the sum of
Five Hundred Thousand and 001100 Dollars ($500,000)
This Power of Attorney is Restricted to Use with Bid Bonds Only.
This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of RANGER
INSURANCE COMPANY on the 19th day of December, 1995.
Resolved: That V. Prem Watsa, Chairman of the Board and Chief Executive Officer, Peter M. Wallner, President and Chief Operating Officer, and Senior Vice Presidents Ronald H.
Bay, Michael P. Fay, John L. Kenny, Arthur C. Pletz, Philip J. Quinn, or any of them, shall have the power to appoint Attomeys-In-Fact as the business of the Company may require or to authorize
any persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds and release and assignmentof)udgments, decrees,
mortgages and instruments in the nature of mortgages and also all other instruments and documents which the business of the Company may require and to affix the seal of the Company thereto.
Resolved Further: That the Company seal and the signature of any of the aforesaid officers maybe affixed by facsimile to any power of attorney certificate of either given for the execution
of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seat when so used being hereby adopted by the Company as the original signature
of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
In Witness Whereof, RANGER INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one
of its Vice Presidents and attested by its Secretary this 19th day of December, 1995.
e
J0" R A N
RANGER INSURANCE COMPANY SV,.... CF
-, P 0
Attest: By. �Qr R4lF : O
i SEAL
6: * :_
Secretary Senior Vice President ',b; • , r e 2? .: •*�
The State of Texas
County of Harris
On this 3rd day of January, 1996 before me personally came Barbara Blasingame and John Kenny, to me known, who being by me duly swom, did
depose and say that they are the Secretary and Senior Vice President of RANGER INSURANCE COMPANY, the Company described in and which executed
the above instrument; that they know the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by
order of the Board of Directors of said corporation and that they signed their names thereto by like order.
CATHERINE W. COOPER
Notary Public
' ' ' Nobry PLkk Sfaq of To=
My commwixi a*" 01,so
Certificate
I, the undersigned, the Senior Vice President of RANGER INSURANCE COMPANY, a Delaware corporation, DO HEREBY CERTIFY that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth
in the said Power of Attorney, is now in force.
Signed and sealed in the City of Houston, in the State of Texas. Dated the 9 th day of April 1997
Expires: 1 2/ 9/ 9 7
(RIC-LPOA 011696) (Affix Seal Here)
RELIANCE INSURANCE COMIRANY
HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA
Bond No. N/A
BID BOND °
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A•310 (FEB. 1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, that we
Caliagua, Inc.
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania,
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Huntington Beach
as Obligee, hereinafter called the Obligee, in the sum of
Ten percent of the total amount bid Dollars ($10% of total amount bid),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
Flounder Storm Drain Pump Station Upgrade
Contract No. 742
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 9th day of April A.D. 1997
CALIAGUA. INC.
(Principal) (Saw)
I Witness)
Oscar r ner (Tito) President
RELIANCE INSURANCE COMPANY
Rhonda C. Abe:_, .Attorney -in -Fact
ono cA — _.,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
MG. s w
State of CalIf orni a
County of Orange
On April 9. 1997 before me, Patricia H. Brebner. Notary Public ,
DATt NAME. ME Of OFF1CSR • G.G,'JANE DOE. NOTARY KOL&C'
personally appeared Rhonda Co Abel ,
NAME(S) Of S1GHM(3)
D 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
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
PATRICIA H. BREBNER
COMM. # 995198 z
; a
Notary Public — California
ORANGE COUNTY srcNnTUREot*t�orrApr
Comm. Expires JUN 11. 1997
OPTIONAL
Though the data below is not required by law, it may prove valuable to persona retying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
D CORPORATE OFFICER
❑ PARTNER(S) ❑ Ltmnw
❑ GENERAL
0 ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER 19 REPRESENTING:
NAME OF PGRSOPO) OR ENr YVM
Reliance Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
Bid Bond
TITLE OR TYPE OF DOCUMENT
1
NUMBER OF PAGES
April 9, 1997
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 806 Raid" t Avo., P.O. ba 7184 - C&vga Park. CA 91309.71$4
DPJ
CITY O UNTINGTON BEACH ` o P 6J
�, G+faA-1
MEETING DATE: February 18, 1997 DEPARTMENT ID NUMBER: PW 96-033
2a�>
Council/Agency Meeting Held: 242(227
Deferred/Continued to:
UrApproved ❑ Con itionally A proved ❑ Denied
City Clerk's Signalde
Council Meeting Date: February 18, 1997
Department ID Number: PW 96-033
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BYES M. JONES II, Director of Public Works
SUBJECT: AUTHORIZING ADVERTISEMENT OF THE FL DER PUMP
STATION UPGRADES; CC-742
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Approval of the final plans and specifications, and the authorization to advertise, are
requested for the Flounder Pump Station Upgrade Project; CC-742
Funding Source:
Sufficient funds for the Flounder Pump Station Upgrade Project are appropriated in Account
E-SM-PC-742-3-90-00 and the unappropriated drainage fund account.
Additionally, staff was successful in securing $346,444 in FEMA grant funds to help offset
the construction cost.
The engineer's estimate for the construction of the Flounder Pump Station, including 10%
contingency, is $630,000.
Recommended Action:
1. Approve the attached sample contract subject to award of contract to the lowest
responsible/ responsive bidder. And,
0018790.01
-2-
02/03/97 1:25 PM
/�
REQUEST FOR COUNCIL ACTION
MEETING DATE: February 18,1997 DEPARTMENT ID NUMBER: PW 96-033
2. Approve final plans and specifications, and direct the City Clerk to advertise the
Flounder Pump Station Upgrade Project for sealed bids.
Altemative Action(s):
Deny approval of the Flounder Pump Station Upgrade Project.
Analysis:
The City's Master Plan of Drainage indicates that the Flounder Drive Storm Drain Pump
Station is approximately 100% under capacity. In 1993, staff requested and received
authorization from Council to contract with Daniel Boyle Engineering of Newport Beach to
design an expansion to the pump station. The project consists of constructing an extension
to the existing pump house, installing one additional engine and pump, and constructing
approximately 600 lineal feet of storm drain pipe.
Staff has received a FEMA grant in the amount of $346,444, to enlarge this pump station.
This money, along with the available funds in the City's Talbert Channel drainage account
will be used for the construction of the improvements to the pump station. Currently there
are insufficient funds available to bring the station to ultimate capacity. However, the goal of
this expansion project is to gain the maximum capacity from the pump station within the
constraints of the site and available funds.
The plans and specifications have been completed and approved by the Director of Public
Works and are on file in the Public Works Department.
Environmental Status:
The project is determined to be categorically exempt pursuant to Section 15301.
Aftachment(s):
1 . Sample Construction Contract
2. Location Map
S. E. K.
0018790.01 -3- 02/03/97 1:25 PM
Sample
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THE FLOUNDER PUMP STATION UPGRADE
TABLE OF CONTENTS
Page No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
5
10.
INDEPENDENT CONTRACTOR
5
11.
LIQUIDATED DAMAGES/DELAYS-
6
12.
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
8
14.
PROGRESS PAYMENTS
8
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
9
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS COMPENSATION INSURANCE
10
20.
INSURANCE
11
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
11
22.
DEFAULT & TERMINATION
12
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
12
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
13
27.
NOTICES
13
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
14
31.
ATTORNEY FEES
15
32.
ENTIRETY
15
SAMPLE
3/k/agrccJfloundcr/I 1129/95
Sample
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THE FLOUNDER PUMP STATION UPGRADE
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 Flounder Pump Station upgrade in the City of
Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1 . STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
from any unforeseen difficuffies which may arise or be encountered in the prosecution of work,
and for all other risks of any description connection with the work, including, but not limited to, all
expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner shown and described in this
SAMPLE
3/k/agre0loundcr/1 1129/95
11L
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 sarne 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 CITYs standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 1991 edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
90034, and all amendments thereto, written and promulgated by the Southern California chapter
of the American Public Works Association and the Southern California District Associated
General Contractors of the California Joint Cooperative Committee;
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E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and
expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
Dollars ($ as set forth in the Contract Documents, to be paid as provided in this
Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days
after notice to proceed is issued and shall diligently prosecute PROJECT to completion within
( ) consecutive calendar days from the day the "Notice to Proceed" is issued by
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.
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CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
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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 Not,ice 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 CITYs acceptance thereof; and one in the
amount of one hundred percent of the contract price to guarantee payment of all claims for labor
and materials furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done underthis
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
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payroll deductions for CONTRACTOR and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGEF>/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, 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
6 SAMPLE
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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) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
(2) Time Extension. No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
7 SAMPLE
3/k/agrce/floundcr/1 1129/95
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
quantifies listed in the bid schedule, the bid price shall prevail subject to the provisions of this
section. The DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where
the actual quantities used in construction of the PROJECT are in variation to the quantities listed
in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under this Agreement. If the quantity
variation is such as to cause an increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for extending the completion
date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous payments
since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be
paid such sum as will bring the payments of each month up to one hundred percent (% 100) of
the value of the work completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
8 SAMPLE
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made on demands drawn in the manner required by law, each payment to be accompanied by a
certificate signed by the DPW, affirming that the work for which payment is demanded has been
performed in accordance with the terms of the Agreement and that the amount stated int.
certificate is due under the terms of the Agreement. Partial payments on the contract price shall
not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stafing that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been paid
in full and that there are no claims outstanding against PROJECT for either labor or material,
except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California.
17, WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs
and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including
9 SAMPLE
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those arising from the passive concurrent negligence of CITY, but save and except those which
arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
19. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, prod u cts/compl eted 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
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Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect
during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000)
combined single limit coverage. If coverage is provided under a form which includes a
designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In
the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known
depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation
rights against CITY and agrees to provide certificates evidencing the same.
21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required herein; said certificates shall provide the name and
policy number of each carrier and policy, and shall state that the policy is currently in force and
shall promise to provide that such policies will not be canceled or modified without thirty (30)
days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance
coverage in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the terms of this
Agreement. CITY or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance policies hereunder required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with diligence,
or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an
assignment for the benefit of creditors or becomes insolvent, or violates any provision of this
11 SAMPLE
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Agreement or the contract documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy
it may have, terminate this Agreement upon the expiration of that time. Upon such default by
CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make
good the deficiency in which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be
delivered to CITY and become its sole property at no further cost.
24. NOWASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 et
seq.
26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements arising out of the processing Of Stop Notices, Notices to Withhold,
or any similar legal document. Said obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not
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CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed
cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under
this Agreement
27. NOTICES
All notices required or permitted- hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by such
party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
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31. ATTORNEYES 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's
fees.
32. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
CONTRACTOR:
By:
print name
ITS: (circle one) Chairman/President/Vice President
By:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorne
INITIATED AND APPROVED:
Director of Public Works
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YORKTOWN AVE.
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PROJECT LOCATION MAP
CITY OF HUNTINGTON BEACH
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DEPARTMENT OF PUBLIC WORKS
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07/11
Council/Agency Meeting Held: :Z1 is 19,6,
Deferre 19 mnfinued-to: 'gmp�,. ci�
U Approved U Conditionally Approved U Denied
City Clerk's Signdtu-re
Council Meeting Date: July 15, 1996
Department ID Number: PW 96-033
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
rn
SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis
lew
PREPARED BY,,, LES M. JONES 11, Director of Public Works
�:rp
SUBJECT: FLOUNDER PUMP STATION UPGRADES; CC-742
Staternent of Issue, Funding Soume, Reconvnended Action, Altemative Actim(s), Analysis, Envirorwnental Status, Attachment(
I AMOCO 4
Statement of Issue:
Approval of the final plans, and specifications, and the authorization to advertise, are
requested for the Flounder Pump Station Upgrade Project; CC-742
Fundlina Source:
Sufficient funds for the Flounder Pump Station Upgrade Project are appropriated in Account
E-SM-PC-742-3-90-00 and the unappropriated drainage fund account.
Additionally, staff was successful in securing $170,000 in FEMA grant funds to help offset
the construction cost.
The engineer's estimate for the construction of the Flounder Pump Station, including 10%
contingency, is $630,000.
Recommended Action:
1. Approve the attached sample contract subject to award of contract to the lowest
responsive bidder. And,
2. Approve final plans and specifications, and direct the City Clerk to advertise the
Flounder Pump Station Upgrade Project for sealed bids.
Altemative Action(s):
Deny approval of the Flounder Pump Station Upgrade Project.
REQUEST FOR COUNCIL ACTION
MEETING DATE: July 15,1996 DEPARTMENT ID NUMBER: PW 96-033
Analysis:
The City's Master Plan of Drainage indicates that the Flounder Drive Storm Drain Pump
Station is approximately 100-percent (100%) under capacity. In 1993, staff requested and
received authorization from Council to contract with Daniel Boyle Engineering of Newport
Beach to design an expansion to the pump station. The project consists of constructing an
extension to the existing pump house, installing one additional engine and pump, and
constructing approximately 600 lineal feet of storm drain pipe.
Staff has received a FEMA grant in the amount of $170,000, to enlarge this pump station.
This money, along with the available funds in the City's Talbert Channel drainage account
will be used for the construction of the improvements to the pump station. Currently there
are insufficient funds available to bring the station to ultimate capacity. However, the goal of
this expansion project is to gain the maximum capacity from the pump station within the
constraints of the site and available funds.
The plans and specifications have been completed and approved by the Director of Public
Works and are on file in the Public Works Department.
Environmental Status:
The project is determined to be categorically exempt pursuant to Section 15301.
Affachment(s):
1 . Sample Construction Contract
2. Location Map
MTU-.LJ-DW-SK-gd
0018790.01
-2-
07/02/96 8:13 AM
Sample
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THE FLOUNDER PUMP STATION UPGRADE
TABLE OF CONTENTS
Page No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
5
10.
INDEPENDENT CONTRACTOR
5
11.
LIQUIDATED DAMAGES/DELAYS
6
12.
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
8
14.
PROGRESS PAYMENTS
8
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
9
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS COMPENSATION INSURANCE
10
20.
INSURANCE
11
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
11
22.
DEFAULT & TERMINATION
12
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
12
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
13
27.
NOTICES
13
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
14
31.
A77ORNEY FEES
15
32.
ENTIRETY
15
SAMPLE
3.VagrecIflounderl 1 '29/95
Sample
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THE FLOUNDER PUMP STATION UPGRADE
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 Flounder Pump Station upgrade in the City of
Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1 . STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered in the prosecution of work,
and for all other risks of any description connection with the work, including, but not limited to, all
expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner shown and described in this
1 SAMPLE
3 1- agree flounder 11 '29,95
N
Agreement, and in accordance with the requirements of CITY under them for the compensation
set forth in the accepted bid proposal.
However the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions
and obligations of this Agreement and the Contract Documents (as hereinafter defined), the
location of the job site, and the conditions under which the work is to be performed, and that it
enters into this Agreement based upon its investigation of all such matters and is relying in no
way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 1991 edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
90034, and all amendments thereto, written and promulgated by the Southern California chapter
of the American Public Works Association and the Southern California District Associated
General Contractors of the California Joint Cooperative Committee;
3 1. agrec'flounderl 1 '29195
2 SAMPLE
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and
expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed —
Dollars (S_ ), as set forth in the Contract Documents, to be paid as provided in this
Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days
after notice to proceed is issued and shall diligently prosecute PROJECT to completion within
( ) consecutive calendar days from the day the "Notice to Proceed" is issued by
DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
3 SAMPLE
3 1, agcc floun&r 11 2995
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work vAth the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of'the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
4 SAMPLE
3 Vagr"'flounder 11 ".9'95
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 war -rant 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 CITYs acceptance thereof; and one in the
amount of one hundred percent of the contract price to guarantee payment of all claims for labor
and materials furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any
defect in the work, shall have the option to make appropriate repairs or replace the defective
item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate
repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR
shall secure at its expense, and be responsible for any and all payment of all taxes, social
security, state disability insurance compensation, unemployment compensation and other
5 SAMPLE
3 k agree floundeT 11 29'95
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/c.alendar days set forth herein, which represents a reasonable endeavor by the parties
hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the
event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein
provided, and further agrees that CITY may deduct the amount thereof from any monies due or
that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials
6 SAMPLE
3 1. agr" floundeTl 1 '129'95
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) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
7 SAMPLE
3k/agreellounderl 1 '29,95
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantifies 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 variat.ion to the quantities listed
in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under this Agreement. If the quantity
variation is such as to cause an increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for extending the completion
date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous payments
since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be
paid such sum as will bring the payments of each month up to one hundred percent (%100) of
the value of the work completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
8 SAMPLE
3 k agree flounderl 1 29'95
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 subst.itution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stabng 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
const�itute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE. HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs
and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including
9 SAMPLE
3 k agrm flounder 11'219195
those arising from the passive concurrent negligence of CITY, but save and except those which
arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
19. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain worikers 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 (S250,000) 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 similady 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
0 SAMPLE
3 Vagrec'floundffl 1,129'95
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 ($1,0D0,000). In
the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known
depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation
rights against CITY and agrees to provide certificates evidencing the same.
21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attomey 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 Cl TY 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 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
11 SAMPLE
Yk agrec floundet 11 '29195
Agreement or the contract documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy
it may have, terminate this Agreement upon the expiration of that time. Upon such default by
CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make
good the deficiency in which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be
delivered to CITY and become its sole property at no further cost.
24. NOWASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 et
seq.
26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements arising out of the processing Of Stop Notices, Notices to Withhold,
or any similar legal document. Said obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not
12 SAMPLE
3/k'Jagrec/flounder 11/29,95
CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed
cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under
this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by such
party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning oil the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
13 SAMPLE
3 '� agee floundeT I 1 '29'95
31. ATTORNEY'S 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's
fees.
32. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
CONTRACTOR:
By:
print name
ITS: (circle one) Chairman/President/Vice President
By:
print name
ITS: (circie one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
�C� City Attornev� Zyz�/-
INITIATED AND APPROVED:
Director of Public Works
14 SAMPLE
lkagec'fioundcr 11 '29'95
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04/10/1997 12:57 714-374-1573 HB PUBLIC WORKS PAGE 02
City of Huntington Beach
Public Works Department
2000 Main Street
Tel. (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER THREE
For
Flounder Pump Station Upgrades CC- 742
April 10, 1997
Notice To All Bidders:
Please note the following revisions to the Project Specifications, Technical Provisions. -
SECTION 10 - MECHANICAL EQUIPMENT
10-2.4 COLUMN ASSEMBLY
[Delete Subsection in total and replace with the following.,].
The column pipe shall be 424nches in diameter with no less then a .376-inch wall
thickness. Column shall be flanged type fabricated and machined wft register fits
to maintain column and shafting alignment A tapered section of column pipe shall
be used to provide a smooth transition from the bowl discharge to the 42-inch
column pipe. Enclosing tube supports shall be fabricated as an integral part of
each column pipe section. There shall be a bearing located within 5-feet of the
bowl assembly and within 5-feet of the packing box bearing, and at 6-foot intervals
along the length of the line shaft. No section of column pipe shall exceed 10-feet
total length. The line shaft shall be a minimum of 4-112-inches in diameter and
made of solid bar CA 045 steel. Line shaft sections shall be joined using couplings
made of A108-GRl137 steel. Line shaft couplings may be threaded or non -
threaded. Non -threaded couplings shall be designed with thrust studs to carry the
axial thrust load and keys to carry torsional loading. The line shaft shall be
enclosed in a shaft enclosing tube made of schedule 80 steel pipe. Enclosing tube
sections will not be longer than 5-feet sections and shall incorporate a bronze
bearing at each Joint
0024371.03
04/10/1997 12:57 714-374-1573 HB PUBLIC WORKS PAGE 03
This revision does not change the Engineer's Estimate nor the Bid Opening dateltime for
this project -
This is to acknowledge receipt and review of Addendum Number three, dated April 10,
1997,
c- oj
Company Name
Ll - 1
Date
C 0 -j 3 1-ft /Z- 3, / ,j C- 2,�c -
By a
All bidders must acknowledge the receipt of this Addendum with your bid proposal.
Should you have any questions regarding this Addendum, please call Steve Krieger at
(714) 536-5259.
0024371.03
0,4/10"1997 12:57 714-374-1573 HE PUBLIC WORKS PAGE 01
To:. Company Estim-atgr- From: Steve Kneger
Company: Date: April 10. 1997
Fax M Pages including Cover Shoot: 3
Please notify operator (714) 536-5259 if all pages are not received.
Comments:
Addendum for Flounder Pump Station; CC-742
Please deliver to Estimator A.S.A. P.
t-- 2 .3 -,-
C -4 0 'V
U a. 9 MiE F a x C o v e r S h e e t
6
AMERICON CONSTRUCTORS INC.
1635 SOUTH RANCHO SANTA FE ROAD, SUITE 204
SAN MARCOS, CA 92069
(760) 591-0011
SCHEDULE OF VALUES
PROJECT: FLOUNDER PUMP STATION UPGRADE
BID DATE: APRIL 15,1997
BID TIME: 2:00 P.M.
OWNER: CITY OF HUNTINGTON BEACH, CA
ENGINEER: DANIEL BOYLE ENGINEERING, LAGUNA BEACH
DURATION: 180 WORKING DAYS
WORK BREAKDOWN STRUCTURE
BID
ITEM
DESCRIPTION OF WORK
QTY
SCHEDULED
VALUE
BID ITEM
TOTAL
BI-I
MOBILIZATION -DEMOB -CLEAN-UP
$100,000
1
MOBILIZATION
LS
30,00 0
BONDS & INSURANCE
LS
35,000
TEMPORARY FACILITIES
LS
10,000
PRECONSTRUCTION ADMINISTRATION
LS
20,000
DEMOBILIZATION & CLEAN-UP
LS
5,000
SUBTOTAL
100,000
BI-2
SITE IMPROVEMENTS
$137,000
SITE DEMO - AC & CONCRETE
LS
5,000
SITE DEMO - BLOCK WALL & FTGS
LS
5,000
SITE PIPING - DEMO WORK
LS
3,000
SITE PIPING - NEW INSTALLATIONS
LS
6,000
SITE WORK - MASONRY WALLS & FTGS
LS
10,000
SITE WORK - ANTI -CLIMB FENCE
LS
3,000
SITE WORK - 6'CHAIN LINK FENCE
LS
2,000
SITE WORK - MISC. & RESTORATION
LS
5,000
WET WELL - DEWATERING
LS
10,000
WET WELL - EXCAVATION
LS
25,000
WET WELL - FOUNDATION SOILS & DRAINS
LS
10,0001
WET WELL - DIRT HAULING
LS
10,000
WET WELL - BACKFILL
LS
15,000
WET WELL - MISC.
LS
20,000
FLOOD CHANNEL - SUBGRADE PREP.
LS
2,000
FLOOD CHANNEL - FILL
LS
2,000
FLOOD CHANNEL - 6" BASE MATERIAL
LS
2,000
FLOOD CHANNEL - FINE GRADE
LS
1,000
SITE - ALL OTHER RELATED WORK
LS
1,000
SUBTOTAL
137,000
BI-3
STRUCTURAL -ARCHITECTURAL
$90,000
WET WELL - DRILL -EPDXY DOWELS
LS
4,000
WET WELL - REINFORCING STEEL
LS
12,000
WET WELL - F-P-S S.O.G.
LS
2,500
WET WELL - F-P-S WALLS
LS
10,000
WET WELL - F-P-S DECK SLAB
LS
5,000
WET WELL - MISC. CONC WORK
LS
5,000
PUMP BLDG - MASONRY
LS
8,000
PUMP BLDG - ROOF FRAMING
LS
4,000
PUMP BLDG - ROOF HATCH
LS
2,000
PUMP BLDG - SKYLIGHT
LS
2,0001
PUMP BLDG - HM DOORS, FRAMES, HDWR.
LS
5,000
PUMP BLDG - LOUVERS
LS
2,000
PUMP BLDG - INSULATION
LS
1,000
PUMP BLDG - SHEET METAL & FLASHING
LS
2,000
PUMP BLDG - ROOFING
LS
5,000
PUMP BLDG - PAINTING & COATINGS
LS
5,000
PUMP BLDG - CAULKING & SEALANTS
LS
1,000
PUMP BLDG - MISC. METALS
LS
7,000
PUMP BLDG - CONCRETE DEMO & HAUL
LS
5,000
PUMP STA - ALL OTHER RELATED WORK
LS
2,500
SUBTOTAL
90,000,
L
1
-1
131-4
MECHANICAL
$296,000
MECH - INSTALL ENGINE
LS
3,000
MECH - FURN-INSTALL DRIVE & ACCESS.
LS
95,000
MECH - FURN-INSTALL PUMP
LS
135,000
MECH - FURN-INSTALL HEAT EXCHANGER
LS
10,000
MECH - FURN-INSTALL EXHAUST EQUIP.
LS
30,000
MECH - GAS PIPING
LS
5,000
MECH - HEAT EXCHANGER PIPING
LS
2,000
MECH - EXHAUST SYSTEM PIPING
LS
2,000
MECH - PIPE INSULATION
LS
3,000
MECH - 48" INFLUENT PIPING
LS
1,000
MECH - 36" DISCHARGE PIPING
LS
1,000
MECH - DRAINAGE PIPING & AUTO GATES
LS
2,000
MISC - REDWOOD TRASH BARRIER
LS
3,000
MISC - CONCRETE EQUIP PADS
LS
1,000
MISC - ALL OTHER RELATED WORK
LS
3,000
SUBTOTAL
296,000
131-5
INFLUENT PIPELINE MODS
$144,000
INFL - JUNCTION MANHOLE
LS
5,000
INFL - BYPASSING SYSTEM
LS
5,000
INFL -TRENCH DEWATERING
LS
10,000
INFL - MISC PREP WORK PRIOR TO TRENCH
LS
5,000
INFL - EXC EXIST 24" RCP
LS
10,000
INFL - DEMO -HAUL EXIST 24" RCP
LS
15,000
INFL - EXC-LAY-BED-BAC 48" RCP
LS
80,000
INFL - EXC-LAY-BED-BAC 12" PVC
LS
5,000
INFL - ALL OTHER RELATED WORK
LS
9,000
SUBTOTAL
144,000
131-6
DISCHARGE PIPELINE MODS
$175,000
CHANNEL - DEMO EXIST CHANNEL WALL
LS
3,000
CHANNEL - DRILL & DOWEL
LS
3,0001
CHANNEL - SUBGRADE PREP
LS
2,0001
CHANNEL - REINFORCING STEEL
LS
2,000
CHANNEL - F-P-S S.O.G.
LS
2,000
CHANNEL - F-P-S WALLS
LS
5,000
CHANNEL - FURN-INSTALL FLAP GATE
LS
6,000
CHANNEL - FURN-INSTALL STILLING WELL
LS
4,000
DISCH - TRENCH DEWATERING
LS
10,000
DISCH - MISC PREP WORK PRIOR TO TRENCH
LS
3,000
DISCH - EXC-LAY-BED-BAC 36" RGRCP
LS
130,000
DISCH - ALL OTHER RELATED WORK
LS
5,000
SUBTOTAL
175,000
BI-7
ELECTRICAL -INSTRUMENTATION
$30,000
SUB
ELECTRICAL - INSTRUMENTATION
LS
30,000
BI-8
LANDSCAPE -IRRIGATION
$8,000
LS
IRRIGATION SYSTEM
LS
3,000
LS
LANDSCAPING
LS
5,000
SUBTOTAL
8,000
BI-9
SAFETY -SHEETING -SHORING
$220,000
LS
SHORING FOR WET WELL CONST
LS
200,000
LS
TRENCH SHORING - 48" INFLUENT
LS
10,000
LS
TRENCH SHORING - 36" DISCHARGE
LS
10,000
SUBTOTAL
220,000
SUBTOTAL
$1,200,000
ADJUSTMENT AT BID CLOSE
5�2 _f;1'7
sm. 9 )
67,
TOTALI
TOTAL BID
IuLv-l.
SECTION C
PROPOSAL
for the
FLOUNDER PUMP STATION UPGRADE
CASH CONTRACT No. 742
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 per -form 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 180 working
., days, including parts, equipment and pipe delivery, 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 re -advertise the project.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,
and words shall govern over figures.
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within 10
working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the AGENCY and this
bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
C-1
SCHEDULE OF WORK ITEMS
ITEM APPROXIMATE TOTAL
NO. QUANTITY DESCRIPTION AMOUNT
FWUNDER PUMP STATION UPGRADE
Cash Contract No. 742
1. Lump Sum Furnish all labor, materials and equipment
to mobilize, demobilize and provide
cleanup of construction site complete in
place for the Lump Sum price of ....
N
3.
4.
Lump Sum Furnish all labor, materials and equipment
to construct all site improvements,
including but not limited to, temporary
fencing, concrete block wall, compacted
aggregate base at pump station site, and
access road at flood control channel, as
shown on the Plans and called for in the
Specifications, complete in place for the
Lump Sum price of ............
Lump Sum Furnish all labor, materials and equipment
to construct all structural and architectural
work for the project including the pump
station building, doors, miscellaneous
hardware, and miscellaneous metal, as
shown on the Plans and called for in the
Specifications, complete in place for the
Lump Sum price of . . . . . . . . . . . .
Lump Sum Furnish all labor, materials and equipment
to install and test all mechanical
equipment for the project including
pumps, engine, ventilation equipment,
valves, piping fittings, vaporizer fuel
system, catalytic converter and exhaust
system, and all other appurtenances, as
shown on the Plans and called for in the
Specifications, complete in place for the
Lump Sum price of . . . . . . . . . . . .
$ 30, vac.
$ -A 0, G'c' v.
A go, Coo -
cq't' hu"'J'.J
C-2
SCHEDULE OF WORK ITEMS
ITEM APPROXIM7w TOTAL
NO. QUANTITY DESMPTION AMOUNT
5.
21
7.
FLOUNDER PUMT STATION UPGRADE
Cash Contract No. 742
Lump Sum Furnish all labor, materials and equipment
to remove existing 24-inch diameter
reinforced concrete pipe and install
290 lineal feet of 48-inch diameter
reinforced concrete pipeline,
manhole/j unction structure, connections to
existing pipeline and new pump station
wall, and all other appurtenances, as
shown on the Plans and called for in the
Specifications, complete in place for the
Lump Sum price of ............
Lump Sum Furnish all labor, materials and equipment
to install 305 lineal feet of 36-inch
diameter reinforced concrete pressure
(Double Gasket) pipeline, flood control
channel outlet connection including air
vent and flapgate, pump station
connection, and all other appurtenances,
as shown on the Plans and called for in
the Specifications, complete in place for
the Lump Sum price of ..........
Lump Sum Furnish all labor, materials and equipment
to install and test all electrical, controls,
telemetry, instrumentation and lighting,
including stilling well, batteries, and all
other appurtenances, as shown on the
Plans and called for in the Specifications,
complete in place for the Lump Sum price
of. . . . . . . . . . . . . . . . . . . . . . .
POO.
Q'.'11 &X, rke""
$ -15,00c,
C-3
A
SCHEDULE OF WORK ITEMS
ITEM APPROXIMATE TOTAL
NO. OUANT1TY DESCRIPTION AMOUNT
FLOUNDER PUMP STATION UPGRADE
Cash Contract No. 742
8. Lump Sum Furnish all labor, materials and equipment
to install irrigation and landscaping in
front of pump station site and as shown
on the Plans and called for in the
Specifications, complete in place for the
Lump Sum price of ............
9. Lump Sum Furnish excavation safety measures,
including: sheeting, shoring, and bracing,
or equivalent method for the protection of
life and limb in trenches, open excavation
and perform construction operations under
high voltage power lines in conformance
with applicable safety orders, for the
Lump Sum price of ...........
TOTAL AMOUNT OF BED ITEMS 1 THROUGH 9
$
$ '9 0, 000- a(2—
$ ;:;� it a vo 0. ev- -
--- t
t— I Ve k&" I J f4wv(� n1#V4--td4 i)C9 1144-5 .0
It is understood that the foregoing quantities are approximate only and are solely for the purpose
of facilitating the comparison of bids, and that the Contractor's compensation will be computed upon
the basis of the actual quantities in the completed work whether they be more or less than those
shown.
The City reserves the right to award the Contract to the lowest responsible bidder based on any
single schedule of bid items deemed by the City in its sole discretion, to be in the City's best
interest.
C4
,Ac-compariying 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
J/j
yl�j,&U--
C-5
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.
of:
WOI** Nwne and Address of Subcontractor
11-9
By submission of this proposal, the Bidder certifies:
State Ucense
I Number I CLass
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-6
I NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBAUTTED WITH BID
State of California
ss.
County of erange Loc;
N�- , being first duly sworn, deposes a�d says that he or she is
r"a'A"nx ( Kw I y1"- of (Aa� party making the
foregoing bid that the bid is not made in the inte&4;t of, or �dn the behali of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and
will not pay fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Name of Bidder
Signature of Bidder
il(vc)06 Lam�41-1 4-4A 4/9,06-
t- L9 I . a � 92 (.3 0
LaLg- , as
Address of Bidder
Subscrib�d and sworn to before me this day of Vl' 199 5 7
NOTARY PUBLIC A� A A A, & A, A, A
NOTARY SEAL WILUAM D ROSS
COMM. #1095176
WrMyPUBM-CAOMIA
LCGMGEMCOUM
01MICOM. EWN"W21. MW
C-7 -3. - W W V W W W W'W %� -V''%
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACHo CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in
the contract, known as the FLOUNDER PUMP STATION UPGRADE, (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:
"Quaffled Person: A person who, by reason of experience or instruction, is fwniliar with
the operation to be perfonned 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: -1//Z5 V7
C-8
Contractor
� �,, 'I &J4,ri, rLnota
By
6.0rA*J-4V
Title
DISQUALMCATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of peijury, 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?
0 Yes 0 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-9
COMPENSATION INSURANCE CERTMCATE
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: k11311 -7
1 1
ContractoP Q
laa4�joja inat-
-j
/iB y
Title
C-10
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two worldng days before scheduled excavation.
DigAlettIdenttAcationNumber...:��Wt.
A94
Contractor U
At; qCA,""
By
Title
Date: �/13 A -7
Note: 7Ws form is required for every Dig Akit Identiflcation Number issued by U. S.A.
during the course of the Work. Additionalforms may be obtainedfrom the AGENCY
upon request.
C-11
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
�h,xxrivtq Ce"tr-4-(- 1 11 "
Bidder Name
;-,a 600 C� - LJ
Business Address
L. L 0
city State Zip Code
(-I/q ) �&o 013
Telephone Number
623101 C13
State Contractor's License No. and Class
7/3o/1117
Original Date Issued Expiration Date
The work site was inspected by �axl�,mSLn-3of our office on..,&f,,-V 9 1�
1997 -
The following are persons, firms, and corporations having a principal interest in this proposal:
C-12
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.
,0,4 f,, - - L
0"Af�!?
Company Wme c—1
. '/-) YV4---"�J -
Signatuk4t Bidder
f
XaA�W5 0-poc
Printed or Typed Signature
Subscribed and sworn to before me this 1��day of ri� 199 '7.
A & A A
A WILUAM D ROSS
comm. 01095176
NOTARYKWO-CkFOWA:4 NOTARY PUBLIC
LOS ANGELU COUNTY -4
My CWM E*ka ft* M. 2" � NOTARY SEAL
)-V- V V -9- 'V IV 'V A
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work (two references must be for storm drain pump station
upgrade work) within the past two years:
i t:�f-"41 V/A�174 2-01mc� ,
Name and Address of Public Agency
Name and Telephone No. of Project Manager: 310)YF 0692
;r 30, CW. 00
Contract Amount
44� (gi
Type of Work
Address of Public Agency
%Q 1-R 9 7
Date Completed
Name and Telephone No. of Project Manager: Y" g'r 'F'g //,a
Contract Amount Type of Work Date Completed
3. 40 L Of � /17
Name and Address of
Agency
Name and Telephone No. of Project Manager:
Jr,', n' A -F", e k i
Contract Amount - Type of Work V Date Completed
C-13
04/01/1997 14:41 714-374-1573 -48 PUBLIC WORKS
PAGE 01
City of Huntngton Beach
Public Works Department
2000 Main Street
Tel. (714) 5365-5431, Fax (714) 374-1573
ADDENDUM NUMBER TWO
For
Flounder Pump Station Upgrades CC- 742
April 1, 1997
Notice To All Bidders:
Please note the following clarifications to the Construction Documents:
In order to comply with page C-12 of Section CProposal'of the Project Specification the
City of Huntington Beach vWII make the eke available for inspection on Wednesday, April
9, 1997, from 9:00 am to 11:00 am. Please refer to the project improvement plans for
directions to the site.
This revision does not change the Engineer's Est'imate nor the Bid Opening datettime for
this project.
This is to acknowledge receipt and review of Addendum Number two, dated April 1, 1997.
/,9, YW -
omo,
ompan"ame IJ By
-- )Y//3,/,?Z
Datd
Ali bidders must acknowledge the receipt of this Addendum with your bid proposal.
Should you have any questions regarding this Addendum, please call Steve Krieger at
(714) 536-5259.
0024371 M
04/10/1997 12:52
714-374-1573
HB PUBLIC WORKS
PAGE 01
To _Q_oMny Estimator From, Stove Krieger
Company: Date: April IQ,
Fax #,. I Pages including Cover Sheet: 3_____
Please nolify operator @ (714) 536-5259 if all pages are not received.
Comments:
Addendum for Flounder Pum Station; CC-742
—Please deliver to Estimator A. S.A. P.
Fax Cover Sh eet
04/10/1997 12:52 714-374-1573 HB PUSLIC WORKS DAGE 02
City of Huntington Beach
Public Works Department
2000 Main Street
Tel- (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER THREE
For
Flounder PuM Station Upgrades CC- 742
April 10, 1997
Notice To All Bidders:
Please note the following revisions to the Project Specifications, Technical Provisions:
SECTION 10 - MECHANICAL EQUIPMENT
10-2.4 COLUMN ASSEMBLY
[Delete Subsection in total and replace with the following:].
The column pipe shall be 42-Inchos In diameter with no loss than a .375-inch wall
thickness. Column shall be flanged type fabricated and machined with register fift
to maintain column and shafting alignment A tapered section of column pipe shall
be used to provide a smooth transition from the bowi discharge to the 42-Inch
column pipe. Enclosing tube supports shall be fabricated as an integral part of
each column pipe section. There shall be a bearing located within 5-feet of the
bowi assembly and within 5-foot of the packing box bearing, and at 5-foot Intervals
along the length of the line shafL No section of column pipe shall exceed 10-feet
total length. The line shaft shall be a minimum of 4-1124nches in diameter and
made of solid bar C-1045 steel. Line shaft sections shall be joined using couplings
made of A108-GRI137 steel. Line shaft couplings may be threaded or non -
threaded. Non -threaded couplings shall be designed with thrust studs to carry the
axial thrust load and keys to carry torsionall loading. The line shaft shall be
enclosed in a shaft enclosing tube made of schedule 80 steel pipe. Enclosing tube
sections will not be longer then 5-feet sections and shall incorporate a bronze
bearing at each joint.
002437103
04/10/1997 12.52 714-374-1573 HB PUBLIC WORKS PAGE 03
This revision does not change the Engineer's Estimate nor the Bid Opening dateltime for
this project.
This is to acknowledge receipt and review of Addendum Number three, dated April 10,
1997,
C6ffip-any %me
/./ // 3A
Dafe
AM bidders must acknowledge the receipt of this Addendum with your bid proposal,
Should you have any questions regarding this Addendum, please call Steve Krieger at
(714) 536-5259.
0024371.03
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ra
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190
Huntington Beach, CA 92648
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
No Fee
19980569887 2:02pm W2718
005 21010992 21 22
N12 1 6.00 o,00 0.00 0.00 0.00 0.00
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 ARA Engineering Contractor, who was the company thereon for doing
the following work to -wit:
Flounder Pump Station Upgrade Project — CC-742
That said work was completed August 17, 1998 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,
August 17, 1998.
That upon said contract Pinnacle Surety & Insurance Services 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 19" day of August, 1998.
City Clerk and ex-officio Clery
of the City Council of the City
of Huntington Beach, Clalifornia
STATE OF CALIFORNIA
County of Orange ss:
City of Huntington Beach
1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was
duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said
City Council.
Dated at Huntington Beach, California, this 19" day of August, 1998.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
lvhl
CITY OF HUNTINGTON BEACH
MEETING DATE: August 17,1998 DEPARTMENT ID NUMBER: PW 98-070
Council/Agency Meeting Held:
010"600
Deferred/Continued to:
dApproved Conditionally Approved Ll Denied
D-4,10 4J 7y C lerk's Signature
i��
Council Meeting Date: August 17, 1998
Department ID Number: PW 98-070
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator o;2X-ol'
PREPARED BY: AfOBERT F. BEARDSLEY, Director of Public Works(?"
SUBJECT: Accept The Flounder Pump Station Upgrade Project; CC 742 and File
a Kintirp nf (nmnlptinn
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s
I ;Mr
Statement of Issue: ARA Engineering has completed its contract for the construction of
the Flounder Pump Station Upgrade Project.
FundingSource: Sufficient Drainage Funds along with FEMA Grant Funds were approved
for this project.
Recommended Action: Motion To:
1. Accept the Flounder Pump Station Upgrade Project at a final cost of $592,663 and
authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office.
Alternative Action(s): None
Analysis: On June 2, 1997, Council awarded a contract to ARA Engineering, in the amount
of $540,000. The adopted project budget also included $108.000 to cover potential change
orders and $25,000 for supplemental expenses, for a total of $673,000 to construct. The
Flounder Pump Station Upgrade Project took a few months longer,than anticipated due to
inclement weather caused by El Ni6o this past winter. The Flounder Pump Station Upgrade
Project improvements are now complete per the approved plans and specifications.
Therefore, the Director of Public Works recommends acceptance of the project and requests
the Notice of Completion be filed by the City Clerk.
0032742.01 -2- 08/04/98 11:56 AM 6
REQUEST FOR COUNCIL ACTION
MEETING DATE: August 17,1998 DEPARTMENT ID NUMBER: PW 98-070
The following is a summary of the final project costs:
1. Contract Amount:
2. Change orders:
Subtotal'.
3. Supplemental Expenses:
Total:
Council Approved
$540,000
108.000
$648,000
25.000
$673,000
Four change orders were issued for this project:
* Estimated final costs
Environmental Status: Not applicable.
Attachment(s):
RCA Author: Charlonne
Actual Expenditures
$540,000
52.663
$592,663
8.400*
$601,063
0032742.01 -3- 08/04/98 11:56 AM
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Accept The Flounder Pump Station Upgrade Project;
CC 742 and File a Notice of Completion
,—COUNCIL MEETING DATE:
August 17, 1998
RCAATTACHMENTS
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 Attomey)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (if applicable)
Not Applicable
Staff Report (if applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED_
FORMDE D
Administrative Staff
Assistant City Administrator (Initial)
City Administrator (Initial)
City Clerk
-EXPLANATION FOR RETURN OF ITEM
RCA Author: Charlonne
Date/Time 10/18/1999 2:52:07 PM
City of Huntington Beach
Office of the City Clerk
Records
Page I
Ref Category Subject Entered Status Document Expires Box ID Label
BO 600.10 12/31/1993 Active CC 742 3487 DANIEL BOYLE ENGINEERING, INC. Flounder
Stormwater Pump Station Design CC-742 1993
AR 600.60 06/26/1997(� CC 742 9288 ARA ENGINEERI, CTORIS - FirfluuIeLaump
' !f2l-
station upgradesCC-742 ;Uce �of C�omplefi�o--n)
8/17/98
��J/77
130 600.95 06/10/1996 Active CC 742 8338 DANIEL BOYLE ENGINEERING, INC - to modify
improvement plans for Flounder Pump Station upgrade CC-
742 '5/20/96
650.80 07/24/1998 Active CC 742 12481 Acceptance of new pipeline easement through Edison
property - deed from Southern California Edison Co -
Flounder pump station expansion CC-742
SO 650.80 07/31/1997 Active CC 742 9393 Southern California Edison - city acceptance of new pipeline
easement through Edison Property - deed from Edison -
Florida purrtp station expansion - CC-742 2/3/97
Total Records Detailed: 5
0
4�%
City of Huntington Beach
-DEPARTMENT COMMMUNICATION
HSCH INTER
TO: THOSE LISTED HEREON
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 100/6 RETENTION PAYMENT
cc J1 L4 -2, r\vk -0
DATE:
The conformed copy of the Notice of Completion for the above contract has been
filed. The t"-five (35) day wafting 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. VN-LELLA, Director of Finance
I certify that iW stop noti on file on the subject at this time.
Date: (
ROBERT F.- BEARDSLEY, Public Works Director
I certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
Date:
CONNIE BROCKWAY, City Clerk
I certify that there are no outstanding invoices on file.
Date: 1012,(14g
I I Rl(�RICH, City Treasurer
N
10% Retention Payment 09/03198 7:46 AM
00
Mel
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Wayne Lee
Accounting Officer/Finance
Subject: Request for Partial Release of Retention
Flounder Pump Station; CC 742
From:e onne *
Civil Engineering Assistant
Date: September 14, 1998
Transmitted herewith is a request for Partial Release of Retention from ARA Engineering, 22600-G
Lambert Street, Suite 1405, Lake Forest, CA 92630, for work performed on the subject contract. The
contract amount, to date, is as follows:
Amount Retention Withheld:
Amount Retained to Release:
$59,446.30
$29,723.15
AMOUNT DUE:
$29,723.15
RETENTION FUNDS REMAINING:
$29,723.15
We recommend that this request be approved and that the Finance Department request the Escrow
Agent, Michelle M. Loveall, Union Bank of California, 445 S. Figueroa Street, 13 th Floor, Los
Angeles, CA 90071, to prepare a check in the amount of $29,723.15 made payable to ARA
Engineering.
ERC:tl
cc: File CC-742 "Progress Payments"
32600
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; I 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 HUNTINGTON BEACH INDEPENDENT, a
newspa er of general circulation, printed
and pXished 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:
March 6, 1997
March 13, 1997
March 20, 1997
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on March 20 199 7
at Costa Mesa, California.
Signature
PUBLIC NOTICE
NOTICE
INVITING
SEALED BIDS
for CC-742
Notice Is von
that sealed b= 1:1' re-
ceived by the City of Hun-
tington Beach at the office
of the C Clerk at City
Hall, 2007 Main Street,
Huntington Beach, CA
'92648, until the hour of
2:00 PM on April 15, 1997,
at which time bids will be
=publicly and read
the Council Cham-
bers for the Flounder
Storm Drain Pump Station
Up grade Project In the City
Huntin c
.fon Bea n.
A set plans, specifica-
tions, and contract docu-
ments may be obtained
starting March 6, 1997 at
C Hall, Department of
P.111c Works upon receipt
of a non-refundable fee of
$60.00, sales tax Included,
If picked up or $70.00 if
mailed. -
Each bid shall be made
on the Proposal Form pro-
v1ded In the contract docu-
ments, and shall be ac-
companied by a certified or
cashier's check or a bid
bond for not less than 10%
of the amount of the bid,
made payable to the C
of Huntin n Beach. Th!
Contracton0hall, In the per-
formance of the work and
Improvements, conform to
the Labor Code of the
State of California and
other Laws of the State of
California applicable
thereto, with the exception
only such variations that
may be required under the
sp Jai t as pursuant to
whlch,,p c Ings hereun-
der ' 9 ken d which
have not been superseded
by the provisions of the
Labor Code. Preference to
laborshall be given only In
the manner provided by
No bid shall be consid-
ered unless It Is made on a
form furnished b he
c
of Huntington Beat h, 21'�
partment of Public Works,
and Is made In accordance
with the provisions of the
proposal requirements.
Each bidder must be H
,censed and also prequall-
Red as required by law.
The City Council of the
City of Huntington Beach
�reserves the right to reject
,any or all bids.
By order of the City Coun-
Of of the C of Huntin on
Beach, Cailomla the T18th
lof February, 1997.
�Connie Brockway,
Clty Clerk of the City of
'Connie Brockway,
City Clerk, Office of the
'City Clerk, CITY OF
HUNTINGTON BEACH,
P.O. Box 190 - 2000
Main Street, Hun-
tington Beach, Callfor-
nia 92648, 53"227
i Published Huntington
Beach -Fountain Valley In-
dependent March 6, 13, 20,
1997
031-22
AW
NOTICE INVITING SEALED BIDS
for
CC-742
Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the
office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the
hour of 2:00 PM on April 15, 1997, at which time bids will be opened publicly and read aloud in
the Council Chambers for the Flounder Storm Drain Pump Station Upgrade Project in the
City of Huntington Beach.
A set of plans, specifications, and contract documents may be obtained starting March 6, 1997 at
City Hall, Department of Public Works upon receipt of a non-refundable fee of $60.00, sales tax
included, if picked up or $70.00 if mailed.
Each bid shall be made on the Proposal Forin provided in the contract documents, and shall be
accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount
of the bid , made payable to the City of Huntington Beach. The Contractor shall, in the
performance of the work and improvements, conform to the Labor Code of the State of
California and other Laws of the State of California applicable thereto, with the exception only of
such variations that may be required under the special statutes pursuant to which proceedings
hereunder are taken and which have not been superseded by the provisions of the Labor Code.
Preference to labor shall be given only in the manner provided by law.
No bid shall be considered unless it is made on a forrn furnished by the City of Huntington
Beach, Department of Public Works, and is made in accordance with the provisions of the
proposal requirements.
Each bidder must be licensed and also prequalified as required by law.
The City Council of the City of Huntington Beach reserves the right to reject any or all bids.
By order of the City Council of the City of Huntington Beach, California the 18th of February,
1997.
Connie Brockway
City Clerk of the City of Huntington Beach
Connie Brockway, City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P. 0. Box 190 - 2000 Main Street
Huntington Beach California 92648
0024071.01
RECEIVED
CITY CLERK
MY 3F
HUNTINGTOh D!ACH, fALIF.
APR 15 IZ 5o N '97
d1k
1 0
.j, "je CITY OF HUNTINGTON BEACH
0LJ 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
August 20, 1998
Gary Granville
County Recorder
P. 0. Box 238
Santa Ana, California 92702
Dear Sir:
Enclosed please find a Notice of Completion to be recorded and returned to the Office of
the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California
92648.
Also enclosed is a copy of the Notice of Completion to conform and return in the
enclosed self-addressed, stamped envelope.
Sincerely yours,
�� 4u e'�t
Connie Brockway
City Clerk
CB/jc
Enclosure: Notice of Completion — CC-742 Founder Pump Station Upgrade Project —
ARA Engineering Contractors
Mlephone: 714-536-5227)
'A
I have received Maintenance Bond No. SA 1462929, Star Insurance Company for ARA
Engineering, Inc.
Re: CC-742 — Flounder Pump Station Upgrades. Approved 8/17/098
Dated:
By:
NT,1-1 "-
ST -R INSUr\-*-- COMF-'.NY
ORIGINAL
MAINTENANCE BOND
BOND NO. - SA 1462929
KNOW ALL MEN BY THESE PRESENTS.
that"VC. ARA Engineering Contractor
as Principal (hereinafter called die Principal), and Star Insurance Company, a corporation under the laws of the State of,
Nfichigan, as Surety (hereinafter called die Surety) are held and firmly bound unto City of Huntington Beach
Five Hundred $540,000 00
as Obligee, (hereinafter called Obligee) in the sum of Forty Thousand 00/100 Dollars, ( T,
for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firri-dy by these presents.
WHEREAS, the Principal entered into a certain written contra ct with the Ob 1: t d-n-ed the
dav of 19
to The Flounder Pump Station Upgrade
which contract is hereby referred to as the Contract.
WHEREAS, the Contract contains provisions for the correction of any defects due to defective materials or workmanship
in the work performed under said Contract.
NOW THEREFORE. the condition of this oblieation is such that if the Principal shall well and truly, upon receipt of
written notification from the Obligee, remedy any defects which are discovered and reported during a period of ONE
(years)
from filed Notice of Completion 19 provided such defects are caused by defective materials or
workmanship, then this obligation shall be void; otherwise to be and remain in full force and effect.
Any suit under this bond must be instituted before the e\piration of one (1) year from the date of the written notification
referred to in the paragraph above, it being understood, however, that if any limitation embodied in this bond is
prohibited by any la%v controlling the constrtiction hereof, such limitation shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted by such law.
The penal sum of this bond shall be reduced by and to the e\tent of any payment dr payments made in good faith.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named
herein or its heirs, executors, administrators or successors.
Si-ned and sealed this 28th day of May ig 97
a
(Witness)
(Witness)
c Z�.' . � - � j �u yua:l
W�!L ji�ITT011
CITY AT��'R`My
BY:
i tv Kttorney
ARA Engineering Contractor
'r-*-:*--al) (Seal)
��40WA#K"/ JV0.04ju (Title)
STAR INSURANCE CONTANY
Seal)
5v�
Mark �N-Gl�addin� (Attorney-ki-Fact)
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of — Rlyalslbal
On M& 28 997 N //
f before me, 8t8 a L. M81 fb8z, A "8 PilblIc
Name and Tifle of Officer - e.g., "Jane Doe, Notary Public"
personally appeared NNIA- N a b "Ifli A &1770E A; F8ct
Name(s) of Document Signer(s)
(x)personally known to me -OR- ( )proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged
to me that he/she4q executed the same in his/4e4th& authorized capacity(ies), and
that by his/hegth& signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
...... NATALIA L. MARTINEZ
COMM. #1152902 mm
NOTARY PUBLIC - CALIFORNIA Cl)
RIVERSIDE COUNTY
My Comm. Expires Aug. 24,2001
(Affix seal in the above blank space)
TITLE OR TYPE OF DOCUMENT:- STAR MAINTENANCE BOND
' "AR INSURANCE COMPA""
GENERAL POWER OF ATTORNEY
NO.: SA1462929
(Void unless numbered in red.)
KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by them presents does make,
constitute and appoint
KENNE'M A. COATE ** MARK N. GLADDING OF RIVERSIDE, CALIFORNIA
its true mid lawU anorney-in-fack for it and in its name. place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and
contracts or suretyship to be given to
Applicable to All Obligees
provided that no bond or undertaking at contract of suretyship executed under this authority "I exceed in amount the sum of
two million rive hundred thousand ($2,500,000.00) dollars.
This Power of Attorney is granted aid is signed aid sated by facsimile under mid by the authority of the following Resolution adopted by the
Board of Directors of the Company on the 7th day of January, 1993.
-RESOLVED, that the Chairman of the Boartt the Vice chairman of the Board, the President, an Executive Vice President or a Senior Vice
President or a Vice President of the Company be. arx! dud each or any of than is, authorized to execute Powers of Attorney qualdying the attorricy-m-
fad named in the given Power of Attorney to execute in behalfof the Company bonds. undertakings arW all contracts of surietyshir, and that an Assistant
Vice Pr=ident. a Secretary or an Assistant Secretary be. and that each or any ofthern haft is. authorized to attest the execution of any such Power of
Attorricy. and to anach thereto the sea of the Company.
FURTHER RESOLVED. that the signatures ofsuch officers and the seal ofthe Company may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company when so affixed and in the fittin with respect to any bond, undertaking or contract of suretyship to which it is
attadled..
IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed. and these presents to be
, siped its Senior Vice Presidents and attestm! by the Secretary this 4th day of Februtary 1997.
i by its Senior Vice Presi
A STAR INSURANCE COMPANY
By
Michael 0. Costello, Secretary /'64j_�k�N_W. Senior Vice President
STATE OF MICHIGAN 1
�`w
COUNTY OF OAKLAND
On this 41h day of February, 1997, before me personally came Marc S. Willner, to me known, who being by me duly sworn, did depose and
say that he is a Senior Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate sed; that it was so affixed by order of the Board of
Directors of said corporation and that he signe d his name thereto by like order.
110#
CERTIFICATE
AMElf"W26%
NOTARY PUBLIC - OAKLANO COUNTX MI
MY COMMISSION EXPIRES 03/13J99
1, die undersigned, ofSTAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked;- and fiathermore that the Resolution of the Board of Directors, set forth in the said
Power of Attorney� is now in force.
Signed and sealed at the city of Southfield in the State ofMichigan. Dated the28thday of WW'-? 497.
'1012-,
14 A
THIS DOCUMENT IS NOT VALID UNLESS PRINTED WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF
YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT. YOU ARE URGED TO CONTACT OUR
POWER OF ATTORNEY CUSTODIAN AT 1-800-394-78M. DIRECT CLAIMS CORRESPONDENCE TO FUNDS MANAGEMENT.
INC. 185 ASYLUM ST., HARTFORD, CT 06103341403
6D30-Feb.97 Page i of I
City of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance withTitle VII of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on
-/Oojor
792 1 L Z4,14roo/dr.
Project No.
Title
hereby certifies that all laborers, mechanics, apprentices, trainees, watchinen 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.
6\11�4jl- /V.IW
I 4re and Title
gxczashconl
t
DECLARATION OF SATISFACTION OF CLAIMS
11 4/1- , state:
A I I
1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully
described in the public works contract entitled A I
and dated
2. All workers and persons employed, all firrns 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")
A10"49.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at �'qL J*"'&"Ir"�- (::&a on this
/�,. y, 0, 2- -
tSignat4rc of Contractor)
g-cc\cashccn2
day of Atq PO 1990
U
B
6'
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
DATE: 16bS &7
�Q
Name
-2-'X666-
Street
oya,L- &q f-It.
City, State, Zip
atle", 0411twul
ATTENTION:
DEPARTMENT:
REGARDING: P&... &�
&ejq,Af0-, tOAI;-� eC- -7 Q
See Attached Action Agenda Item E — 6o Date of Approval ),A./j./27
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
F.F.W-4 --. - 11 -
Connie Brockway
City Clerk
Attachments:
Remarks:
Action Agenda Page
RCA
v**' Agreement k,-' Bonds Insurance
Deed Other
CC: At,
-
Name
DeWartment RCA
Agreement Insurance Other
rt-L
4L�-i�j
Name
Department RCA
Agreement Insurance Other
Name
Department RCA
Agreement Insurance Other
Risk Management Department
Insurance Copy tV
&Followup/agmts/transitr
(Telephone: 714-536-5227)
(10)
10/06/97 - Council/Agency Agenda - Page 10
E-4. (City Council) Receive And File Estoppel Certificate On Behalf Of The City 0
Huntington Beach - Regarding Development Agreement No. 90-1; Miscellaneous
Property - PLC/MS Vickers - Holly-Seacliff Development Agreement Area -
(PA 600. 10) Receive and direct the City Clerk to file the Estoppel Certificate dated
March 26, 1996, on Holly-Seacliff Development Agreement No. 90-1. Submitted by the
City Clerk (This document includes that the City understands that PLC & MS Vickers 11,
LLC will be relying upon it in connection with their potential purchase of the Developers'
interest in the Project.)
[Approved 7-0]
E-5. (City Council) Appointrnent Of Fire Chief To The Orancie ountv Citv Hazardous
Materials Emergency Response Joint Powers Authority And Appointment Of
Division Chief Of Operations As Alternate (OR 600.40) Appoint Fire Chief Michael
Dolder as the City's Board Member to the Orange County City Hazardous Materials
Emergency Response Joint Powers Authority for Fiscal Year 1997/98 and Division Chief
of Operations Charles Reynolds as the City's Alternate Board Member. Submitted by
the Fire Chief
[Approved 7-0]
E-6. (City Council) Approval Of Escrow Agreement - Flounder Pump Station Upgrade
Project - CC-742 Flounder Street & Salmon Street - (AR 600.60) Approve the
attached Escrow Agreement for Security Deposits In Lieu of Retention between the City
of Huntington Beach, ARA Engineering Contractor and Union Bank of California, North
Mission Viejo; and authorize the Mayor and City Clerk to execute. Submitted by the
Public Works Director
[Approved 7-0]
E-7. (City Council) Approve Animal Control And Shelter Services Agreement With The
County Of Orangelor Fiscal, Year.1997198 - (600,25) Approve the Agreement for
A oimal Control and Shelter Sorvices with the Co u nty of Or -a n ge and d irect the City Clerk
and Mayor to execute the agreement. Submitted by the Administration
[Approved 7-0]
E-8. (City Council) Approval Of Concept Of A Corporate Sponsorship Program As
Funding Source For Public Facilities And Authorize Staff To Solicit Requests Fo
Qualifications - (340.10) 1. Approve the concept of a Corporate Sponsorship Program
as a funding source for public facilities; and 2. Authorize staff to solicit requests for
qualifications for an agent to represent the city in negotiating Corporate Sponsorship
contracts. Submitted by the Community Services Director and the Public Works Director
(To maintain Pier Plaza and possibly Huntington Central Park Sports Complex should it be
built.)
I/Approved 7-01
(10)
CITY OF HUNTINGTON BEACH
Xft-
M EETI NG DATE: October 6, 1997 DEPARTMENT ID NUMBER: PW 97-073
A4,�- �Uwer- -
Council/Agency Meeting Held� 10. A/97
4 z,
If
Deferred/Continued to:—
H'A�pproved El Conditionally Approved LJ Denied
7-D
.4tta"f City Clerk's Signature
1
Council Meeting Date: October 6, 1997
1 Department ID Number: PW 97-073
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTEDBY: MICHAEL T. UBERUAGA, City Administr—afffr=
PREPARED BY: *.-Ees M. Jones 11, Director of Public Works
-Wc-
SUBJECT: Approval of Escrow Agreement the Flounder Pu tation Upgrade
Project; CC 742
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachme
I .10e2l, _ Wr
Statement of Issue:
The Contractor, ARA Engineering Contractor, has requested to enter into an escrow
agreement for security deposits in lieu of retention.
Funding Source:
Retention funds withheld from the contractor.
Recommended Action:
1. Approve the attached escrow agreement for security deposits in lieu of retention between
the City of Huntington Beach, ARA Engineering Contractor and Union Bank of California, N.
Mission Viejo; and
2. Authorize the Mayor and City Clerk to execute the escrow agreement for security deposits
in lieu of retention between the City of Huntington Beach, ARA Engineering Contractor and
Union Bank of California, N. Mission Viejo.
Alternative Action(sl:
None
0027423.01 -2- 08/27/97 11:31 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: October 6, 1997 DEPARTMENT ID NUMBER: PW 97-073
Analysis:
The contractor, ARA Engineering Contractor, for the Flounder Pump Station Upgrade Project,
has requested to enter into an escrow agreement for security deposits in lieu of retention.
This form of agreement is allowed pursuant to section 22300 of the Public Contract Code of
the State of California.
The agreement details procedures for placing retention funds withheld during the course of
the project in an interest bearing account that is jointly held by the City and the contractor.
These funds will still be held until all work is complete and the Notice of Completion is filed
with the County Recorder's Office. Release of these funds requires written authorization
from the City to the escrow agent, Wells Fargo Bank.
The contractor is required to pay all fees and expenses incurred by the Escrow Agent.
The purpose of this agreement is to allow the contractor to earn interest on retention funds
while construction proceeds.
Environmental Status:
N/A
Attachment(s):
RCA Author: Charlonne
0027423.01 -3- 08/27/97 11:31 AM
ATTACHM NT I
0019517.01
ESCROW AGREEMENT FOR SECURITY DEPOSITS
IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between;
City of Huntington Beach, whose address is 2000 Main Street, Huntington Beach, California
92648, hereinafter called Owner,"ARA ENGINEERING CONTRACTOR, whose address is
22600-G Lambert Street, Suite 1405, Lake Forest, CA 92630, hereinafter called Contractor,"
and Union Bank of California, Agent Sachi Yenokida, whose address is 27730 Santa
Marguerite Parkway, N. Mission Viejo, CA 92761, hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent
agree as follows:
(1) Pursuant to Section 223100 of the Public Contract Code of the State of
California, Contractor has the option to deposit securities with Escrow Agent as a substitute for
retention earnings required to be withheld by Owner pursuant to the Construction Contract
entered into between the Owner and Contractor for the Founder Pump Station upgrade
project, (CC-742), in the amount of $540,000, dated June 2, 1997, (hereinafter referred to as
the Contract). Alternatively, on written request of the Contractor, the Owner shall make
payments of the retention earnings dWectly to the Escrow Agent. When the Contractor
deposits the securities as a substitute for Contract ean-drigs, the Escrow Agent shall notify the
Owner within ten (10) days of the deposit. The market value of the securities at the time of the
substitution shall be at least equal to the cash amount then required to be withheld as retention
under the terms of the Contract between the Owner and Contractor. Securities shall be held in
the name of the City of Huntington Beach, and shall designate the Contractor as the beneficial
owner.
(2) The Owner shall make progress payments to the Contractor for those funds
which otherwise would be withheld from progress payments pursuant to the Contract
provisions, provided that the Escrow Agent holds securities in the form and amount specified
above.
(3) When the Owner makes payment of retentions earned directly to the Escrow
Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that 49.-he
escrow created under this contract is terminated. The Contractor may direct the investment of
the payments into securities. All terms and conditions of this agreement and the rights and
responsibifities of the parties shall be equally applicable and binding when the Owner pays the
Escrow Agent directly.
(4) Contractor shall beresponsible for paying all fees for the expenses incurred by
Escrow Agent in administering the Escrow Account and all expenses of the Owner. These
expen,ses and payment terms shail be determined by the Owner, Contractor, and Escrow
Agent.
(5) The interest earned on the securities or the money market accounts held in
escrow and ag interest earned on that interest shall be for the sole account of Contractor and
shall be subject to withdrawal by Contractor at any time and from time to time without notice to
the Owner.
FIIMI--���
jmp/g*1ogree/araescfo/8/27/97
(6) Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written authorization
from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount
sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default
by the Contractor. Upon seven (7) days' written notice to the Escrow Agent from the owner of
the default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is
final and complete, and that the Contractor has complied with all requirements and procedures
applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest
on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed
immediately upon disbursement of all moneys and securities on deposit and payments of fees
and charges.
(9) Escrow Agent shall rely on the written notifications from the Owner and the
Contractor pursuant to Section (5) to (8) inclusive, of this agreement, and the Owner and
Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement
of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to
receive written notice on behalf of the Owner and on behalf of Contractor in connection with
the foregoing, and exemplars of their respective signatures are as follows:
Contractor Owner
ARA ENGINEERING CONTRACTOR, CITY OF HUNTINGTON BEACH, a
municipal corporation
Aj,' 1944JAW
Print Name ag# Title
XaPrint Name and Title mayor Ralph Bauer
Attqst:
Signature
kwl
City Clerk Comie BrocJk�10/1
e /.,/% 2
Signature Block continued on following page
2
jnip/g:/agree/oroescro/8/27/97
On behalf of Escrow Agent:
UNION BANK OF CALIFORNIA
Print Company Name
BRUCE F. STECKEL
Print Officer Name
Signature Z.4.1 Y
Address- 445 S. Figueroa St. 13th Floor
Los Angeles, CA 90071
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to
the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement this &A
day of A�4�- 91997.
Contractor
ARA ENGINEERING CONTRACTOR,
22600-G Lambert Street, Suite 1405
Lake Forest, CA 92630
Print Name and Title
/ )-, /� a ,
Signatu.-6 -
Owner
CITY OF HUNTINGTON BEACH, a municipal
corporation
Print Name and Title Mayor Ralph Bauer
Attest:
Corwie-�Brockwdy, Citytlerk
APPROVED AS JTORM:
le City Att6rney
REVIEWED AND APPROVED:
City Adminiitrator 1001-
jmp/g:/agree/araescro/8/27/97
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
I
Approval of Escrow Aggreement the Flounder Pump
Station Upgrade Project; CC 742
COUNCIL MEETING DATE:
October 6, 1997
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 Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED FORWARDED
Administrative Staff
Assistant City Administrator (Initial)
City Administrator (Initial)
City Clerk
EXPLANATION FOR RETURN OF ITEM:
ESCROW AGREEMENT FOR SECURITY DEPOSITS
IN LIEU OF RETENTION
I his Escrow Agreement is made and entered into by and between:
City of Huntington Beach, whose address is 2000 Main Street, Huntington Beach
California 92648, hereinafter called "Owner," Valley Crest Landscape, Inc., whose
address is 24121 Ventura Boulevard, Calabasas, California 93102, hereinafter called
"Contractor," and Wells Fargo Bank, Agent Linda Holt -Carter, whose address is 6001
Topanga Canyon Boulevard, Woodland Hills, CA 91367, hereinafter called "Escrow
Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow
Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of
California, Contractor has the option to deposit securities with Escrow Agent as a
substitute for retention earnings required to be withheld by Owner pursuant to the
Construction Contract entered into between the Owner and Contractor for the Pier Plaza
Project, CC 1029, in the amount of $4,875,000, dated April 14, 1997, (hereinafter
referred to as the "Contract"). Alternatively, on written request of the Contractor, the
Owner shall make payments of the retention earnings directly to the Escrow Agent. When
the Contractor deposits the securities as a substitute for Contract earnings, the Escrow
Agent shall notify the Owner within ten (10) days of the deposit. The market value of the
securities at the time of the substitution shall be at least equal to the cash amount then
required to be withheld as retention under the terms of the Contract between the Owner
and Contractor. Securities shall be held in the name of the City of Huntington Beach, and
shall designate the Contractor as the beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds
which otherwise would be withheld from progress payments pursuant to the Contract
provisions, provided that the Escrow Agent holds securities in the form and amount
specified above.
. (3) When the Owner makes payment of retentions earned directly to the
Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until
the time that the escrow created under this contract is terminated. The Contractor may
direct the investment of the payments into securities. All terms and conditions of this
agreement and the rights and responsibilities of the parties shall be equally applicable and
binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred
by Escrow Agent in administering the Escrow Account and all expenses of the Owner.
These expenses and payment terms shall be determined by the Owner, Contractor, and
Escrow Agent.
gAagree\vallyesc
8/1/97
(5) The interest earned on the securities or the money market accounts held in
escrow and all interest earned on that interest shall be for the sole account of Contractor
and shall be subject to withdrawal by Contractor at any time and from time to time
without notice to the Owner.
(6) Contractor shall have the right to withdraw all or any part of the principal
in the Escrow Account only by written notice to Escrow Agent accompanied by written
authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal
of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of
default by the Contractor. Upon seven (7) days' written notice to the Escrow Agent from
the owner of the default, the Escrow Agent shall immediately convert the securities to
cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying thatthe
Contract is final and complete, and that the Contractor has complied with all
requirements and procedures applicable to the Contract, Escrow Agent shall release to
Contractor all securities and interest on deposit less escrow fees and charges of the
Escrow Account. The escrow shall be closed immediately upon disbursement of all
moneys and securities on deposit and payments of fees and charges.
(9) Escrow Agent shall rely on the written notifications from the Owner and
the Contractor pursuant to Section (5) to (8) inclusive, of this agreement, and the Owner
and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and
disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to
receive written notice on behalf of the Owner and on behalf of Contractor in connection
with the foregoing, and exemplars of their respective signatures are as follows:
Owner Contractor
CITY OF HUNTINGTON BEACH, a VALLEY CREST LANDSCAPE, INC.
municipal corporation Davi_d
P t d Title
AU Lo e 1.ew Az�afik
Print Name and Title SImnature -1/
Signature
Betty M. Heron,.VP/Secretary
R e and it e
Signature
Signature Block co inued on following page
gAagree\vallyesc
7124/97
2
On behalf of Escrow Agent:
Lino Holt Carter, AVP
Sigdafte
6001/Fopanga Cyn. Blvd.
Wogdland Hills, CA 91365
At the time the Escrow Account is opened, the Owner and Contractor shall deliver
to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
proper officers on the date first set forth above.
Owner
CITY OF HUNTINGTON BEACH, a
municipal corporation
(0 A 14 b le R A L- F H (2 P, Li rEk
Name and Title
Signature
Contractor
VALLEY CREST LANDSCAPE, INC.
24121 Ventura Boulevard
Calabasas, California 93102
By:Betty M- HPr
Print Name
-// 419 dRK -4/0) -1a -9-7
�-Signatiire'/
APPROVED AS TO FORM:
City �Attorney
AND APPROVED:
City Administrator
INITIATED AND APPROVED:
gAagree\vallyesc 3
7/24/97
n - .
UNION
BANK OF
CALIFORNIA
CONTRACTOR RETENTION DEPARTMENT
Connie Brockway
City of Huntington Beach
200 Main Street
Huntinaton Beach, CA 92648
ID
November 21, 1997
Dear Connie,
Effectively immediately, please be advised that all deposits or correspondence regarding
contractor retention should be sent to the address below.
Union Bank of California
G13-470
445 S. Figueroa, 13th Floor
Los Angeles, CA 90071
Please adjust your records to reflect the new address. I have enclosed labels for your use.
Thank you for your cooperation in this matter. If you have any questions, please do not hesitate
to contact me at (800) 669-8661.
1
Assistant
Union B,
of California
cciARA Engineering Contractor
d
0
011
4A5 SOUTH FIGUEROA STREET, I 3TH FLOOR
Los ANGELES, CALIFORNIA 90071
�A
Union Bank of California
Union Bank of California
Union Bank of California
G13-470
G13-470
G-13-470
445 S. Fi-ueroa Street, 13FI
445 S. Figueroa Street, 13FI
1
445 S. Ficueroa Street, I'M
1.7
Los An(yeles, CA 90071
Los Anaeles, CA 90071
Los An-eles, CA 90071
ID
Union Bank of California
Union Bank of California
Union Bank of California
G 131 -470
G13-470
G13-470
445 S. Figueroa Street, 13FI
445 S. Figueroa Street, I' )FI
445 S. Figueroa Street, 13FI
Los Angeles, CA 90071
1
Los Angeles, CA 90071
Los Angeles, CA 90071
Union Bank of California
Union Bank of California
Union Bank of California
G13-470
G13-470
GI-31-470
445 S. Fi-ueroa Street, IM
445 S. Ficueroa Street, I'M
445 S. Ficueroa Street, I' )Fl
Los An-eles, CA 90071
Los Anaeles, CA 90071
Los Ancreles, CA 90071
ID
Union Bank of California
Union Bank of California
Union Bank of California
GI-31-470
G13-470
G131-470
445 S. Fi-ueroa Street, 13FI
445 S. Ficrueroa Street, 13FI
445 S. Figueroa Street, 13FI
Los An-eles, CA 90071
Los Anceles, CA 90071
Los An-eles, CA 90071
Union Bank of California
Union Bank of California
Union Bank of California
G13-470
G13-470
G13-470
445 S. Ficueroa Street, I'M
445 S. Fiaueroa Street, 13FI
445 S. Ficueroa Street, l-')Fl
Los Angeles, CA 90071
Los Anaeles, CA 90071
Los Anaeles, CA 90071
Union Bank of California
Union Bank of California
Union Bank of California
G13-470
G13-470
G13-470
445 S. Fi-ueroa Street, 13FI
445 S. Figueroa Street, 13 )Fl
445 S. Ficueroa Street, 1. ' )Fl
Los Angeles, CA 90071
Los Anceles, CA 90071
Los Anceles, CA 90071
Union Bank of California
Union Bank- of California
Union Bank- of California
G13-470
CT133-470
G133-470
445 S. Ficueroa Street, 13FI
445 S. Figueroa Street, 13FI
445 S. Figueroa Street, 13 )Fl
Los Angeles, CA 90071
Los Angeles, CA 90071
Los An-eles, CA 90071
Union Bank of California
Union Bank of California
Union Bank of California
G13-470
G13-470
G13-470
445 S. Figueroa Street, 1-3)FI
445 S. Figueroa Street, 13FI
445 S. Fiaueroa Street, I' )FI
I
'D
Los Ancreles, CA 90071
Los Angeles, CA 90071
Los Anceles, CA 90071
Union Bank of California
Union Bank of California
Union Bank of California
G13-470
G13-470
G131-470
445 S. Figueroa Street, 13FI
445 S. Figueroa Street, 13FI
445 S. Figueroa Street, 13FI
Los Angeles, CA 90071
Los Angeles, CA 90071
Los Angeles, CA 90071
Union Bank of California
Union Bank of California
Union Bank of California
G13-470
G13-470
G13-470
445 S. Figueroa Street, I'M
445 S. Figueroa Street, 13FI
445 S. Figueroa Street, I'M
Los Angeles, CA 90071
Los Amgeles, CA 90071
Los Ancreles, CA 90071
Union Bank of California
G13-470
445 S. Fi ' gueroa Street, 13FI
Los Angeles, CA 90071
Connie Brockway
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
gg-
,Y
U.S. POSTAG
'I
IT
NOY 2 4'9 7 0 .5 5 z-
PBMETERI
72017341