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HomeMy WebLinkAboutBen's Asphalt, Inc. - 2003-02-03 (2)RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signingidating u - sit (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shar' reidenrich, City Treasurer �-� FROM: CL t i</C DATE:, 1..�— '�/ --D '4 SUBJECT: Bond Acceptance 1 have received the bonds for S L- (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (CouAcrXpPvvaf Date) MWAVAORM Agenda Item No. - City Clerk Vault No. #27 gAollowup/bondletter.doe OR [*J.J CCity of Huntington Beach OLD INTER -DEPARTMENT COMMMUNICATION Hu nNGTON BEACH TO: THOSE LISTED HEREON FROM: Sudi Shoja, Construction Manager DATE: December 9, 2003 SUBJECT: Retention Release Payment Company Name: Ben's Asphalt, Inc., Address: 2200 S. Yale St. City, State and Zip Code: Santa Ana, CA 92704-4427 Phone Number: (714) 540-1700 Business License Number:A171202 Local Address: NIA Notice of Completion Date:1o11 = Contract Purpose: Retention Release for Cash Contract 114911157. Wamer Ave. Rehabilitation/ Newland St. Rehabilitation The conformed copy of the Notice of Completion for the above contract has been fled. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. 1 certify, th t no sop notices art / Z7 Date 1 certify that there are no outstanding invoices on file. /-Z1'-o V Date Freidendch, City Treasurer nf&rrr&w+Ca- . / certify that no stop notices are on file on the subject contract, and that a guzrzaty bond has been filed with this office. r/:g a A D to -a" Connie Brockway, City Clerk re',ention release memo.doc 1219/2003 10:08 Ah1 1 ` I PLEASE COMPLETE THIS I 0 MATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY Of HUNTINGTON BEACH A'tn: Robert A Martinez P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 cords, County of OrangeRetarded in O Tom Oaly, Clerk-Re'corderl 'il '►li.i�' 11 I'�ll�l`il'ill'!llll's�'111.11lll�ll.�llltll llillNO FEE 2003001270803 08:16am 10115103 214 i10 N12 i o.aa o.oa 0.00 o.00 n.00 0.00 0.00 o_oo TITLE OF DOCUMENT: NOTICE OF COMPLETION / ay l6 NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street. Huntington Beach, CA 92646, beat the contract heretofore awarded to Inspection Engineer ng Construction, Inc. who was the company thereon for 1 doing the: following work to -wit: , (� WARNER AVENUE STREET IMPROVEMENTS; CC-1149 C NEVILAND STREET IMPROVEMENTS; CC-1157 F-� That said work was completed October 1, 2003 by said company according to plans and specifications and to the salisfactiom of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on October 1, 2003. per City Council Resolution No. 2002-10 adopted February 19. 2002. That upon said contract Travelers Casualty Surety 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 contempla under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this October 1, 2003. A - J Irec'orof Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ss: City o` HL ntington Beach ) t, the urxiersigned, say. I am an Agent of the City of Huntington Beach, owner In fee, In the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION a -id know the contents thereof; the same is true of my knowledg-3. 1 declare under penalty of perjury that the foregoing Is true and correct, and that said NOTI OF COMPLETION was duly and regularly ordered to be recorded In the Office of the County Recorder of 0 go Coun Dated at Huntington Beach, California, this October 1, 2003. Y-Durector of Public Works o City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recordinj fee applies) 001.059-TITLE PAGE (fi7195) in Offraal Records, County of orange PLEASE COMPLETE THIS INFORMATION Recorded Cterk-Recorder Tom Daly, RECORDING REQUESTED BY Iltt�t11�I1t�llt�tttltltltt11111�t11i1�lttllttltt�IN 4FEE 0816am 1 3 2003001270803 0 00 0 00 0 00 0 00 0 00 p00 0 00 0 00 AND WHEN RECORDED MAIL TO WHEN RECORDED MAIL TO CITY OF HUNTINGTON BEACH Attn Robert A Martinez P O Box 190 - 2000 Main St Huntington Beach CA 92648 THIS SPACE FOR RECORDER'S USE ONLY /�i u►'na .J TITLE OF DOCUMENT 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 to Inspection Engineering Construction Inc who was the company thereon for doing the following work to -wit WARNER AVENUE STREET IMPROVEMENTS, CC 1149 B-c- & 00 SD { NEWLAND STREET IMPROVEMENTS, CC-1157 a N That said work was completed October 1 2003 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 Director of Public Works on October 1 2003 per City Council Resolution No 2002 10 adopted February 19 2002 That upon said contract Travelers Casualty Surety 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 contempla under Government Code Section 6103 and should be recorded free of charge Dated at Huntington Beach California this October 1 2003 ,D ,(irector of Public Works or City Engineer City of Huntington Beach California STATE OF CALIFORNIA) County of Orange ) ss City of Huntington Beach ) 1 the undersigned say I am an Agent of the City of Huntington Beach owner in fee in the foregoing NOTICE OF COMPLETION I have read said NOTICE OF COMPLETION and know the contents thereof the same is true of my knowledge C I declare under penalty of penury that the fofegoing Is true andj;Wrect, and that NOTI OF COMPLETION was duly and regularly ordered �recordell to thejOf ice of the County,Rgoorder of O 66 Cou ` �r I Dated at Hunbn ��ayFh, �akf�rn+e, tins, QF�y 1 2005. ! Director of Public Works odCity Engineer City of Hunbngton Beach California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 2, 2004 Orange County Clerk Recorder P. O. Box 238 Santa Ana, CA 92702 CALIFORNIA92648 Please provide a certified copy of recorded document #2003001270803 — Notice of Completion that was recorded 10/15/03. Enclosed is the $2 fee ($1 per page and $1 certification fee) and a self-addressed envelope to return back to this office. Thank you, 4onnol4e�ro-ck&waWy',OC4itay)CIPI�erk CB:pe Enclosure Re: CC 1149, CC 1157 — Ben's Asphalt, Inc. g/followup/deeds/copy of morded doc 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. 1 am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, , County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and. Fountain Valley issues of said newspaper to wit the issue(s) of: November 14, 2002 November*21, 2002 November 28► 2002 December 5, 2002 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ December 5 , 2002 at Costa Mesa, California. Signature � �uvmr�surmro�� ` twudm��r�mr�wr:or�xrs. cc (is4 �asrewcawsr�ro�c� Liiw<M�S{RFT1�ltCYi�C { �ilt�l�li�011AYE��41�N0RA�lEhit . CITY aMXMMwAa /U><lK KOTICI IS HERFIT GMW that the MY Of iWKTtttOfOK 31L1CK, as AGENCY, invites seated bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Fkior, Z1100 Main Street, Huntmglon Reach, (California 92US. up 10 the hour of 2:00 PO on December 17, 2002, Bids will be publicly open Ein the Council Chambers unless otherwise posted. A set of Plans, Specifications, and contract jdocuments may be obtained starting Mevago"r ' 10, 2402, at City flail, Orpartment of Pubfic Works. MW train Street. Huntm ton Beach. CA 92fAg. upon payment of a 3*5.00 nonrefundable fee if pk:ked up, or payment of A 550.00 nonrefundable fee it mailed. This is a Davis -bacon project and the Federal Regulations will be enforced. Any contract entered kilo pursuant to this notice will ineorpxate the provisions of the Federal Labor Standards. which are on file at the otlice of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92fiilii. Any contract entered into pursuant to this notice will incorperate the provisions of the State Labor Code, Pursuant to the provisions of the Labor Code of the Stale of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to fix ecult the tontract shalt be those determined by the Directs of Industrial Relations of the State of California, which are on file of the Office of the Directo+ of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractw may Substitute an escrow holder surely of equal value to the retention in accordance with the provisions of the Cahtnrnia Government Code, Sectwn 4590. The Contractor shall be benelicial owner of the surety and snail receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full Opportunity to submit bids in response to tthts notice and will not be discriminated against on the bans of fare, tutor, national origin, ancestry,, sex, or re4vion in any consideration leading to the award of contract- i ho bid sl1aH be considered unless it is prepared On the approved Proposal forms in Conformance with the Instructions to Bidders. The bid wust be accompanied by a certified died.. casWar's check, or bidder's bond made Payable to the AGENCY for on amount no less than 10% of the amount bid. the successfu4 bidder shall be licensed in accordance with provisions of the Business and Professions Code and shaft possess a Slate Contractor's License Class A at the time the bid opening. The successful Contractor and his subconliactors will be required to Lossess business licenses from the AGENCY. Pra(act 9eaar4tiartr The project consist primarily of grinding of the esistirpl pswmlowt, fwrsvat of larkd roadway sections, asphalt paviq of failed areas, overlying the streets with ailipltaR concrete, limited removal and installation of concrefii curb and gutter, adjusting hialhofaa, monuments and vohes to grade, installing traffic loops and constructing a 1Z' water maim vetlt atom-ofl valves. 41, The toltuk Alws the contractor 80 mocking days to Complete the Contract. e The enginmr's estimate lot the work included in the base bid portion of this contract is 51,",500 The AGENCY reserves the right to reject any or all bids. to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. ' BY ORDER of the CITY COUNCIL of the CITY Of HUNT04GION BCAG11, CKIORNM. the 1st day of July 2002. Attests Cowele brvcLres�trr CITY CURK OF Tiff CITY OF MUNTM101f REA-CH, 2000 Ntaiw street, (714) S36-5431 Published Huntington Beach Independent November 14. 21. 28, December 5, 2002 _ . _ 112 32Z RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating jL*jM,jff CITY OF HUNTINGTON BEACH Vu INTERDEPARTMENTAL COMMUNICATION TO: Sha ' reidenrich, City Treasurer FROM: 417L DATE: SUBJECT: Bond Acceptance I have received the bonds for 1211-S Zq46h % LA,,� (Company Name) 11 Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (Co cJ A roval Date) Agenda Item No. City Clerk Vault No. #27 gJfoilowuplbondletter doc MAINTENANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 BOND NO. 103905584 KNOW ALL MEN BY THESE PRESENTS: That Ben's Asphalt, Inc. as Principal, hereinafter called Contractor, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called Owner, in the penal sum of $1,868,771.00 , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated February 3, 2003 entered into a contract with Owner for Warner Avenue Street Improvements - CC#1149 from Springdale Street to Beach Boulevard & Newland Street Improvements - CC#1157 from Hamilton Avenue to Atlanta Avenue In accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of One year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER. that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 22nd day of January 2004 IN THE PRESENCE OF: S-2326-1(07-97) Ben's (Seal) Principal JoM-V-\S ington/CFO Tide TRAVELERS CASUkyVAM SUIMETY COMPANY OF AMERICA By L. APPROVED AS TO FORNI. 0?14FER AGARAJTH��' 4f/G%, City A-t, _- `16..) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On January_ 22, 2004_beforeme, Nicole D Marsi.cano Wu Mrt u,d TM of Oeku (N %- "•Mn Doi. Macy P%a cl personally appeared John W Skeffin ton N+TWhl d spn«hr NCOLE D. MARSICANO Cnr.,rr�cdor r 1492125 :Xange County LID N Corrat lvkw Jut 25. X,, personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person() whose name( isle* - subscribed to the within instrument and acknowledged to me that helshe*mey executed the same In his/herMmir authorized capacity(!) C<, and that by his/i"~ signaturepq on the Instrument the person, or the entity upon behalf of which the person acted, executed the instrument. OPTIONAL Though Toe i torma0on below is rwf required bylaw. if may prove V&Wtwe In persons NW9 on The doCumenf a.-d Could provanr fraudulent removal and mattachmeM of Ift form to another document. Description of Attached Document Title or Type of Document: .City —of Huntington Beach -Maintenance Bond ti Document Date: January 22, 2004 _ _ _ NurtmberofPages:41 Signer(s) Other Than Named Above: Attorney in Fact Capacity(Ies) Claimed by Signer 'S Signer's Name:' ijAn W Rke f f ington O Individual Im of rum two IX Corporate Officer — Title(s): CFO y ❑ Partner — ❑ Limited ❑ General r: • Attomey-in-Fact ❑ Trustee 1 ❑ Guardian or Conservator i ❑ Other: t.; Signer Is Representing: Ben' s As halt— O 1999 N&ww Nary Auoo~ • 9W Do 9c,o AN9_ P O. Bag 2402 • Chou-". CA 94113-2402 • r•w,wawhm" o'9 Prod No. 6%7 Be~ Cal To"," 1-000-076-My CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On. nm_l 72.7_ _ before me, _ ]:EC, �'n ts3t�k;'1�n�i r o:r ` NYC• W ra• ar ONa. (• a• -Jw Da. �Puc.c� personally appeared ZZ" personally known to me ❑ proved to me on the basis of satisfactory evidence ROSE FINLEN Commission f 1359959 Natay Public - Gt'ifornin Orange County My Comm. Exists Jun 7, 2006 to be the person whose name(pf Islam subscribed to the within Instrument and acknowledged to me that hefshe*%y� executed the same in his/Iae4044, authorized capacity(iepj, and that by hislhwAht - signaturevon the instrument the personK, or the entity upon behalf of which the person acted, executed the instrument. WIT SS y han nd fficial seA I / — rrr(pe Nary P%A- • — -" _ OPTIONAL Though the infommWn Wow Is not required by law, it may prove va'uable to peMM raying On the document and could praveif fraudulent removal and reartachmenr of this Axm ib emrwr docwnent Description of Attached Document Title or Type of Document: galnk')Lt2uP, - Document Date: - \arj- �KNumber of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Ttle(s): ❑ Partner — ❑ Limited ❑ General M Atomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is a IM 4&b" Nary A6000AW • 9350 N Soq AIV - PO. eo- i+aa • CKw+oee. CA 91313-24= -. MWW&V a•ry all Putt No MY FAClow CAW TO"(" 14a64-*45 1 APROVED A. TO F RL\t:f fy JE?,IFER� �GRAiH. City Attorney U WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AINIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and F'AR.IILNGTON CASUALTY CONUMNY b3ve caused this instrument to be signed kv their Senior Vice President and their corporate seals to be i.ereto affixed this Sth day of July, 2000. STATE OF CO\F.NTCTICUr )SS. Hanford COIJMY OF HARTFORD TRAVELERS CASUALTY AND SURETY CONIMNY OF AIMIRICA TRAVELERS CASUALTY AND SURETY MWANY FAR;IZNGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On tiCs 9th day of July, 2000 before rre personally came GEORGE W. THON PSON to me knoKm, who, being by me duly scorn, did depose and say: that he/she is Senior Vice president of TRAVELERS CASUALTY AND SURETY CONIPA.NY OF &MER1CA, TRAVELERS CASUALTY AND SURETY COXPANY snd FARMViGTON CASUALTY COMPANY. the corporations described in and which executed the above instrument; t1at he/she knows the seals of said corporations; that the seals affixed to the said inviument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. G.T R .i' My commission expires June 30, 2001 Notary Put he Marie C. Tetreautt CERTTICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY And FARNILNGTON CASUALTY COMPANY, stock corporations of the Sate cf Connecticut. DO HEREBY CERTIFY that the foregoing and attached Power of Attomey and Certificate of Authority retains ir, ft:11 force and has not been rooked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in forte. Signed and Sealed at the Home Office of the Company, in the City of Hanford, State of Connecticut. Dated this 22nd day cf January .2004. By Kori M. Johanson Assistant Secretary, Bond TRAVELERS CASUALTY AND SURETY CON=PA-1'Y OF A3IERICA TRAVELERS CASUALTY ANID SURETY CO1tFA-N'Y FA NIMTO:`+ CASUALTY COMPANY Hartford, Coonect:cut 06193-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTOR`EY(S)-D -FACT KiON" ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY. COMPA.N-Y OF AMERICA.'TRAVELERS CASUALTY AND SURETY CO.MPAI Y and FARtiViCTON CASUALTY COtitPA- Y, corporations drily organized under the laws of the State of Connecticut, and having their principal olTices in the City of Ha.-trord, County of Hartford, State of Co.-mecticut, (hereinafter the "Companies") hath trade, constituted and appointed, and do by these present, make, constitute and appoint: Donald L Wood, James E. Gutmann, Kevin S. Bogart, of Tustin, California, their true and Iavdul Attorneys) -in -Fact, vzth full power and authority hereby coakrred to sign, execute and acknowledge, at any place t;it.'ua the United States, the following instr=cnt(s): by his/her sole siVnturt: and act, any and all bonds, recognizances, contracts of indtrmty, and other writings obligatory in the mature of a bond, rtcag-uzance, or conditional undertaking and arty and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fart, pursuant to the authority herein given, are hereby rtti.5ed and corlirm!d. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Rmlutions are now in fall force and effect: YOTM. That the chairman, 11ie Pusiden% any Vice chairman, any Executive Vice Pr=sidem. any Vice President, any Vice presiderL any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Seerewy or any Assistt= Secretary may appoint Attortcys-in-Fact and Agents to an for and on behalf of the company and may give such "Irtee such authority as his or bet certificate of atrherity stay prescribe to sign with the Companys name and seal with the Company's seal bards, recogrizazces, contracts of inden'trity. and oche: writings obligatory in tr a nature of a bond, recognizante, or conditional undertaking, and any of said off ter s or the Board of Dire: ors at any there rray remove anv such appointee and revoke the power given him or her. - VOTtD: Tbat the Chairman, the President, any Vice Chairman, any Exem. tive Vice President, any Sect or Vice President or imy Vice President may dclegam all or any part of the foregoing authcrity to one or more oilicers or employees of this Com,aty, provided that each such delegation is in artirg and a copy thereof is filed in site office of the Secretary. VOTED: That may bond, rccognizannce,'contiact of indemnity. or wring obligatory in the nar=e of a bond, recogrivace,'or conditional ur3eruki-sg $ba?1 be valid and binding upon the Company wtm (a) siped by the Presid=,, any Vice Chat =n, any Executive Vie Presidcrt, may Setiar Vise President or any Vice Preside:t, any Second Vice President, t`x Trear k-. arty Assistant Treasurer, the Corporate Saretary or anti Assirait Secretary and duly attested wad sealed with the Company's seal by a Secretary or Assistant Secret:-y, cr (b) duly executed (under seal, if rewired) by one or more Attorneys -in -Fact and Agents pursuant to the po-ce prescribed in his or he: certificate or their certificates of Aathority or by one or :pore Company officers pursuant to a µritten delegation of aut!=.ri. This PoR er of Attorney and Certificate of Authority is signed and scaled by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF A.MER1CA, TRAVELERS CASUALTY AIND SURETY CONEMNY and FA ILNGTON. CASUALTY COMPANY, which Resolution Is now In full force and effect: VOTED: That the signature of each of the following ofricers: President, arty Exe—.ative Vice President, azy Senicr Vice President. any Vice President, any Assistant Vice President, eray Secretary, any Assistant Secretary, and ere seal of the Ccmp=y may be affixed by facsi.-aile to any' power of samrey or to any certificate relating thereto appointing Resident Vice Prtr.derts, Resident Assistant Secretaries or Artomeys.ia-Fact for purposes caly of executing and attesting bonds a -id undertakings and other writings obligatory in the mare thereof. and any rich power of attoroey or ce:tif ate bearing such facsimile signarsre or facsimile seal shall be valid and binding upon the Cempary and ary such pow= so ereeuted aid ecr4fied by =h facs;raile signature wad facsimile seal shall be valid and finding upon the Company in the futum with respect to any bond or undetak;X8 to %Teich it is Attached. (7t4 SurA d) Company Profile Page 1 of 2 Company Profile ARM snraCaft nce TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TONVER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 877-872-8737 Former Names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF Effective Date: 07-01-1997 AMERICA Agent for Service of Process JAMI BURKS, 21688 GATEWAY CENTER DRIVE 3RD FLOOR DIAMOND BAR, CA 91765 _Cable to Locate the Aged* for ervi e Pf s? Reference Jniormation NAIC P 31194 NAIC Group #: =I California Company ID 4: 2444-8 Date authorized in California: July 3I, 1981 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa . AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY h,,tp://cdinsw%vw.insurance.ca.govlplshvu_co_prof/idb co,prof utl.get_co_proPp_EID=6... 1/27/2004 Company Profile. Page 2 of 2 FIRE LIABILITY MARINE . MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' CO,%IPENSATION, Company Complaint Information 114 Company Enforcement Action Doguments Cmpany_Perforur n e R Compares' �n pata Comauite Complaint Stqdied Want Afore? lIg-lFind a Company Representative in My Area Financial ating 4rganiz_ atios Last Revised - January 06, 2004 05.33 Ptii Copyright ® Califomia Department of Insurance isclaimer http:/icdinswww.insurance.ca.gov/pls/wu_co_prof/ido co_prof utl.get_co_prof?p3ID=6... 1/2712004 RECEIVED dY Till.. (Name) (Date) y CITY CLERK RECEIPT COPY 4�5 Im�IG_ Return DUPLICATE to i after ogmngldabng H�5 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shan Freidennch City Treasurer FROM k t- u A -7 0 I S DATE o %i - I TO-, 03 SUBJECT Bond Acceptance In I have received the bonds for b Q g-WI- S t' ) 51)&a w �r (Cannny Name) ✓ Fatww Performance Bond No ✓ Labor and Matenal Bond No Monument Bond No Maintenance Bond No Re Tract No o390 SK-Fs4 CC No 1 1 4q SJ15-7 MSC No Approved oe - 0-t;3 (Counod Approval Data) Agenda Item No City Clerk Vault No E7 -S� t3C Is00 �-y C-41yf - j g hahlbondiefter doe PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Ben's Asphalt, Inc. . TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bard No. 103905584 Premium: $11.467.00 as Principal, hereinafter called Contractor, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford. Connecticut, a corporation duty organized under the taws of the State of Connecticut, as Surety. hereinafter called Surety, are held firmly bound unto CITY OF HUNTINGTON BEACH as Obl°gee, hereafer called Owner, in the amount of One Million Eight Hundred Twenty Thousand Six Hundred Thirty and 301100 ($1,820,630.30), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns. Jointly and severally, firmly by these presents. WHEREAS. Contractor has by written agreement dated February 3, 2003. entered into a contract with Owner for Wanner Avenue Street Improvements —CC 01149 From Springdale Street to Beach Boulevard & Newland Street Improvements —CC #1157 From Hamilton Avenue to Atlanta Avenue APPROVED As To FORM 1EN JFER M,GRAM Cft Al�ry In accordance with Drawings and Specifications prepared by By Sutton ty C. Attorn,y (Here Insert full name and address cr legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION Is such that, If Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise It shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions. or 2) Ob•.ain a bid or bids for completing the Contract in accordance with its teems and conditions, and upon determination by Surety of the lowest responsible bidder, or, It the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed sand seated this 18'hday of February 2003 (Witness) (Witness) a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defautts 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 property 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 shalt 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. Printed In co3peratlon with the American Institute of Architects (AIA) by Travelers this document conforms exactly to the language used in AIA Document A311, Fet: Inc. C. F.0 TY AND SURETY COMPANY OF AM -ERICA E. Gutman Artomey-1,:•Frct (Iiwe) alty and Surety Company of America. The Iang. age In 1970 edition. Page 1 of 2 S-1870-E (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On .,2' � 7�Q� , b ore me, lily Date / No personally appeared i1EV VA' NGUYEN ++`h COM:n-/1240220 r�^ ui • +� M-tAAy NXIC-CAtIFOASIA N Cnngt Coue'r Yr corm. Plate Mabry Saar Above ss. and Title of Ofter [a ¢, at a S9,81s) Personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iskarc- subscribed to the within instrument and acknowledged to me that helshe;lhey executed the same in hislba40%U authorized capacity(ies), and that by hislhetk#eic signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my h n a official sea?. :r,r. a rdopry Pub+c OPTIONAL Though the Information below Is not required by law, A may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Too or Qxxt+C Plata ❑ Corporate Officer--Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other, Signer Is Representing: O 1937 National Hoary Assodatlon • M Do Sob Ave., P.O. Boa 2402 • ChatsvWN CA 91313.2402 Prod. No. 5907 Reader: Cal Tod -Free 1-WM? U7 ri WITNESS WHEREOF, TRAVEL Z CASUALTY AND SURETY CO-vA Y OF A.1IERICA, TRAVELERS CASUALTY AND SURETY CONIPA:\Y and FAR..NILtiGTON CASUALTY COSIPA.NY have caused this inr--ument to be signed by their Senior Vice President and their corporate seals to be h!re:o affixed this 5th day of July, 2000. STATE OF CO`NECTICUT }SS. Hartford COUNTY OF KARTFORD 64 G�res ? cow e s is i TRAVELERS CASUALTY AND SURETY C04EPA.tiY OF A.% EPJCA TRAVELERS CASCALTY A.ND SLRETY COMPANY FARINU GTON CASUALTY CONIPA..NY By George W. Thompson Senior Vice President On this 5th day of July, 2000 before me personally came GEORGE MI. THONIPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TR,kVELERS CASUALTY AND SURETY CO`EPANY OF ANTERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAR.NMGTOti CASUALTY C031PANY, the corporatiors described in and which executed the above instrument; that befshe knows the seals of said corporations; that the seals affixed to the slid instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by arthority of his'her office under the Standing Resolutions thereof. My commission expires June 30. 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY CONEPAINY OF AMERICA. TRAVELERS CASUALTY AND SURETY CON.WANY and FAFUNINGTON CASUALTY COMPANY, stock corporations of the State of Connecdc,14 DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full fora and has not been m-oked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at t+he Horne Office of the Company, in the City of Hartford, State of Connecticut. Dated this 18TH day of February .2oo3. i`' .� 4 � tree: By Kori M. Johanson Assistant Secretary, Bond TRAVELERS CASUALTY A.1'D SURETY CObiPAIti'Y OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARNILNGTON CASUALTY COMPA.'�'Y Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTOP- EY(S)-Ili-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AIND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARIMINGTON CASUALTY COMPANY, corporations duly organized under the laces of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Donald L Wood, James E. Gutmann, Kevin S. Bogart, of Tustin, California, their true and lawful Atturrtey(s)-in-Fact, with full power and authority hereby, conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemz4tp, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sip with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. _ This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAR.MriGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomcc or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature 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. (5-00 Standard) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 2/18/03 -.before me, Paula Rosecrans , oats Name «a True of Oftw (e y.. 'Jane Doe. NoWV PadK7 personally appeared James E. Gutmann wane(,) N s•gnegs) ' PAULA ROS>_GRANS COMM. I12Sg428 m Notary Public-CalHanla CAW r� ORANGECOUNTY .+ Lt Corm. &p. i4pri 3. 2004 Piece Noury sea wore ❑ pe onally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within Instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by his/her/their sigiature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, eFcu d thei7ofri WI EShand aseat. S"Un of Noury PW-C OPTIONAL Though the lnforma.ida below Is not required bylaw, it may prove va'uable to perscns relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Docurr.ent: Performance Bond for Bens Asphalt / City of Document Date: 2 / 18 / 0 3 Number of Pages: 1 Signer(s) Other Than Named Above: Principal Capacity(ies) Claimed by Signer Signer's Name: ' James E.. Gutmann ❑ Individual Too or memo mete ❑ Corporate Officer — Titie(s): ❑ P rtner—❑ t.imited ❑ General .. Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: Travelers Casualty & Surety Co. of erica e19MknuwwlNoYyftaw-9M0DesewA.e. PO. go. 2.a2-Cars+an.CA9t71Y24M-- ftA% rr*aryoq hoe wo $90, RewoerCan To&Fnet-wWF!!2' tingtor. Bch LABOR AND MATERIAL TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PAYMENT BOND Hartford, Connecticut 06183 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFULL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Ben's Asphalt, Inc. as Princpal, hereinafer called Principal, and. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford. Connecticut, a corporat.on d.,ly organized under the laws of the State of Connecticut, as Surety hereinafter called Surety, are he!d firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, h=reinafter called Owner for the use and benefit of Claimants as herein below defined, in the amount of One Million Eight Hundred Twenty Thousand Six Hundred Thirt/ and 301100 ($1,820,630.30), for the payment whereof Principal and Surety bind themselves, L*r heirs• executors• administrators• successors and assigns, jointty and severally, finely by these presents. WHEREAS, Principal has by written agreement dated February 3, 2003 enterad into a contract with Owner for Wamer Avenue Street Improvements — CC #1149 From Springdale Street to Beach Boulevard & Newland Street Impr�r�DC V57_Frrom Hamilton Avenue to Atlanta Avenue Ell FFR MARA'TPFL GtyAHarneY (Here insert full name and address or legal title of Architect) which ccntract is by reference made a past hereof• and is hereinafter referred to as the Contract. + su ton NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, it Principal shall promptly make payment to all claimants as hereinafter dsfined, 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 shal! remain in full force and efect. subject, however, to tt* following conditions: 1) A claimant is defined as one having a 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, power, 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 wit'i 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 cr performed, or materials were furnished by such Gaimant, 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 cr expenses of any such suit. 3) No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above - named, within ninety (90) days aftar such claimant did or persormed the last of the work or labor, or furnished the last of the materials for which said claim Is made, stating with substantial accuracy the amount claimed and the name of the pary to whom the (Witness) ty Gty Ammey materials were furnished, or for whom the work or labor was done or performed. Such notice shalt be served by mailing the same by registered mail or certified mail, postage prepaid, In an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaclion of business, or served in any manner in which legal process may be served In the state in which the aforesaid project Is located, save that such service need not be made by a public officer. (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 limitation embodied in this bond Is prohibited by any law controlling lye construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation 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 Stales 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, inclusNe 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 I en be presented under and against this bond. , lien's Asohaft. Inc. e. 0 (Pnncipal) (Seal) TRA CASUALTY ANH$11RETY COMPANY OF AMERICA (Witness) Ems~ Jartes E. Gubf a Attorney -In -Fast Printed in cooperation with the American Institute of Architects (AIA) by Travelers Cas ally and Surety Company of America. The language In this documelt conforms exactly to the language used In AIA Document A31 t, F bru 1970 edition. S- 187 1 -F (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 6L1,a&g::fss. County of J On e� b _. efore me, , V11/1 Date he" Tine of oRcw personally appearedOf S9181s) •,. . TiEN VAN HSUYfH -' Comm.1 12-10220 N N NOTARY U.K. \ cunge Ca;r:Y •• /�y Corm. f:Mie$ Cc:.:x 31, 2003 Place NoLry Saar Abaw FI apersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islafe subscribed to the within instrument and acknowledged to me that helstay executed the same in hisNaFA14eir authorized capacity(ies), and that by his/be *te'sr signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ypstrument. l�l I Nt55 my o1 Notary seal. OPTIONAL Though the Information below is not required by law, ft may prove valuable to persons relying on the document and could prevent kaudutent removal and reattachment or this form to another document Description of Attached Document Tate or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of V110no hers ❑ Corporate Officer -- Title(s): ❑ Partner --- ❑ limited ❑ General ❑ Attomey In Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 Natlornal Notary AsioNa9an • 9350 Do Sob Ave.. PO. Bat 2402.Owswov1% CA 91313.2402 Prod. No, 5907 Reader. Can Tb&Free 1-soQE764st21 L'q WITNESS WHEREOF, TR VELYRS CASUALTY AND SURETY CO.-,&16'Y OF A.'NIERICA, TRAVELERS CASUALTY X D SURETY CON PANY and FAKNILNGTON CASUALTY CO;IPA.tiY have caused this ins'.:ument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this Rh day of July, 2000. STATE OF CON-11ECTICUf )SS. Ha -.ford COUNTY OF ILaRTFORD ei Got" e + o �i 0 TRAVELERS CASUALTY A.I'D SURETY COMPANY OF A.NfERICA TRAVELERS CASUALTY A.ND SURETY CONiPAXY FAR.NfriGTON CASUALTY CONTPA.�Y By George W. Thompson Senior Vice President Chi this 5t.2h day of July, 2000 before me personally came GEORGE W. THOhiPSOti to me kno-An, who, being by me duly sworn, did depose and saw that helshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY CO.N1PA.NY OF .4NIERICA, TRAVELERS CASUALTY AND SURETY CO'%IP41— Y and FAR.NfLiGTON' CASUALTY CO`IPANY, the corporations drszr.'bed in and which executed the above instrument; that b-shc knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals, and that helshe executed the said instrument on behalf of the corporations by authority of hi�Aer office under the Standing Resolutions thereof My commission expires June 30, 2001 Notary Public Marie C. Tetreautt CERTInCATIE I. the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY C04iPA,tiY OF A31ERICA, TRAVELERS CASUALTY AND SLWTY CONIPANY and FAILMLNGTON CASUALTY C012PANY, stock corporations of 0c State of Connecticut. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority r:ma.ins in full force and has not been rooked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set firth in the Certificate of Authority, are now in force. igned and Sealed at the Home Office of the Corcpany, in the City of H:.rtford, State of Connecticut. Dated this 18 th day of February ,2003. Paso w +J1-0, wa �►se,' :CN= t cow By Kori M. Johanson Assistant Secretary, Bond TRAVELERS CASUALTY AND SURETY COMPAINY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FAR-MLNGTON CASUALTY COMPA.ti'Y Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORtiEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF Al1ZERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Donald L. Wood, James E. Gutmann, Kevin S. Bogart, of Tustin, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instniment(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Execrative Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly arested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if re;uired) by one or more Attorneys-m-Fact and Agents pursuant to the power prescribed in his or her certificate or their cenaficates of authority or by one or more Company officers pursuant to a written delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF A'VIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be af=.ixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretanes or Attorneys-m-Fact for pu.•poses only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or c_—tificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future w•i•th respect to any bond or undertaking to which it is attached. (5-0G S==did) Im CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r On 2/18103 , before me, Paula Rosecrans rP ca. -' N- -e O-W raft CO Or' w (• g . -Jww Doi. Notwy Pww--) personalty appeared James E. Gutmann t r� Haffws) of S.gnarrsl T ❑ pe=nally known to me C✓proved to me on the basis of satisfactory evidence s PAuLA ROSECRANS T COMM.#1259428 !t1 to be the person(s) whose name(s) islare Nary Pubflc,Catdomla 0subscribed to the within instrument and uNu �� ORi laEx Comm = acknowledged to me that helshelthey executed r� 14COfrrn' f xp' Ap613' 2404 the same in his/her/their authorized rs capacity(ies), and that by his/her/their r� signature(s) on the instrument the person(s), or rs the entity upon behalf of which the person(s) acted, exeu d the instrument. r WtT SS y hand and offic' I seat. ?� Ram Nat" SW AN" we ar +may Puorc Orange ss. OPTIONAL Though me in.'ormalion below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattaahmenf of this form to another document Description of Attached Document Title or Type of Document: Payment Bond for Ben' s Asphalt /City of Hun Document Date: 2 18 0 3 Number of Pages: 1 Signer(s) Other Than Na nedAbove: Principal Capacity(ies) Claimed by Signer Signer's Name:_ _ lames E . Gutmann ❑ Individual C CoTorate Officer — Title(s): ❑rtner—= Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: TOO of avjftw here 4 e9-9 N&bWW NaLVV Aj[ors-An -SM 00 Saq Aw. Po. rlu 242-Crw-owk W 91313-5402 • rwr nwm+am0ry a9 PMM No 593? Aww CaA T*F-m 14004'5-W7 n Bch Q 4 1 F OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH P. O. Box 190/2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 (714) 374-1557 FAX LFTTFR OF TRANSNIMAi, OF ITEM APPROVFD BY T1IF CITY COVNCIIJ RF.DF«LOPMF.NT AGM(N OF THE CITY OF HITNTI!, GTOti RFACH DATE: TO: Name suet City, state. Zip ATTENTION: DEPARTIIE\'T: REGARDING: See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Connie Broc"ay City Clerk Attachments: Action Agenda Page CC: Name _ L-a,r_r j -�m: fG Name Name Remarks: Agreement Bonds Insurance RCA Deed Other Dcp RC✓Agra-anent -P Department RCA —�Agml- t (a � ,t a.�..,n,, Departme t RCA Av"Mnt Department RCA AVVricnt Name Depattrnent RCA AgzM-M g:Nolltxvup/letterslcoverltrRevA.doc Insurance Bonds Insurance I Insurance Mond, 46 �_ Insurance Other Insurance Other CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK C014NIE BROCKWAY CITY CLERK April 1 §. 2003 To: Ben's Asphalt, Inc. 2200S. Yale Street Santa Ana, CA 92704. Enclosed please find your original bid bond issued by Travelers casualty and Surity Com_gany for CC No.1149 and 1157 Connie Brockway. CMC City Clerk Enclosure: Bid Bond g'ltonowuplcashconVretumbidbond.doc (Telephone: 714-536.52271 4 BID Himb TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. KNOW ALL MEN BY THESE PRESENTS, That we, BEN'S ASPHALT & SEAL, INC. as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duty organized under the lays of the State of Connecticut, 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 BID AMOUNT Dollars ($ (*10%*) ), 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 WARNER A71ENUE STREET INPROVEMENTS — CC1149 FROM SPRINGDALE STREET TO BEACH BLVD. STPL5181 (136) NEWLAND STREET IMPROVEMENTS — CC1157 FROM HALILTON AVENUE TO ATLANTA AVE. STPL5181 (137) 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 Dccuments with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contact 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 16TH day of DECEMBER, 2002 , (witness) (witness) BEN'S ASPHALT & SEAL, INC. S. (Principal) (Seal) (Title) AND SURETY COMPANY of AMERICA (Attorneyain-►act) Printed In cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language In this document conforms exactly to the language used in AIA Document A310, February 1970 edition. S-1169-0 (07-9-1) V, ViTr ESS W11ERFOF, TRAVELERS CASUALTY AND SURETY CONIPA.'NY OF AMERICA, TRAVELERS CASUALTY A.ND SURETY CO11PA.`1' and F.#RIIL\GTOti CASUALTY CO3IPA,tiY hasr csused this instrument to be signed ky their Senior % ice President and their corporate seals to be hereto affixed this 5th day of July, 2000. STATE OF COI.'.NTECTICVT }SS. H3rford COU.N- Y OF YARTFORD � c Y #'�' � 6 n 3 lu�r�, � � �� + C sl f f 2 0 CUM Q ; Caul e° i s i 40 TRAVELERS CASUALTY A_-N'D SURETY CONIPAXY OF AIN ERICA TRAVELERS CASUALTY A.ND SURETY CO�iPA.NY FAWNID GTON CASUALTY CONEPANY t3y George W. Thompson Senior Vice President On this Sth day of July. 2000 before me personally came GEORGE W. THON PSON to the knokn, who, being by me duly sworn. d:d depose and sac: that helshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY C051PANY OF A?1iERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARINIE GTOV CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals aTixed to the said irstrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporatioas by aathoritv of his'her office under the Standin; Resolutions thereof. jg . C. My commission expires .tune 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE L the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY CON PA:\Y OF &NIERICA, TRAVELERS CASUALTY AND SURETY CO3IPANY and FARNILNGTOti CASUALTY CO'.NLPA..NY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been r:voked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Cc-ufr=te of Authority, are now in force. Signed and Sealed at the Horse Office of the Company, in the City of Hartford, State of Connecticut. Dated this 16TH daY of DECEMBER , 20 02 y�tit• "ya G06SU4 wurrfosn. =l f o BY s o ss; Kori M. Johanson �'�, • '`�< .•+F 6`� • +"a Assistant Secretary, Bond r TRAVELERS CASUALTY AIND SURETY CObiPA-\'Y OF A-NIFRICA TRAVELERS CASUALTY AND SURETY COMPANY FARMrgGTON CASUALTY COMPAINY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORtiEY(S)-Lti-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY CO:VIPA-NY and FARIMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Donald L. Wood, James E. Gutmann, Kevin S. Bogart, of Tustin, California, their true and iawiul Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the united States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemLty, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED. That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, am Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or anv Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authonty may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance. or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power g:cen him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or aa% Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is m ,%Titmg and a copy thereof is filed in the office of the Secretary. VOTED- That anv bond, recoppdzance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or an% Assistant Secretary and duh attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pW-suant to a wntten delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY CO.IPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAILMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED- That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relatmg thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimi'.e signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature 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. (5.011 Standard) ME CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of - , bef re me, .elf' V11m,l pr. — V" oc osrcw 1e. K " personally appeared — ------------- TIH VAN NGUYEN �- Co:nm. 11240220 N N " NOTARY FU3UC•CAl1FORYlA --.c.t of 5-7-0I personally known to me 0 proved to me on the basis of satisfacloTy evidence to be the person(s) whose name(s) is/art�e- subscribed to the within Instrument and ackncwiedged to me that he/sheAhey executed the same In his/had4hak authorized capacity(ies), and that by hisAuwAhak signature(s) on the instrument the person(s). or the entty upon behalf of which the person(s) acted, executed the instrument. A. m yr Calm. b0fes Ocr6er 31, 20,03 'i WITNESS my, h and fficial seal. Plow NoWy Sid AEorr s.twr or worry Pu66c OPTIONAL Though the Information below Is not required by law, I may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachmert of this fbrrrr to another document Description of Attached Document Titia or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Number of Pages: Signer's Name: ❑ Individual iaP o, Cl Corporate Officer — Title(s): a Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Q Other. Signer is Representing: 0 1"? No&" worry As+oCWM • WW w Sob An.. P.O. ern 24M • G,anwoAtti CA 91353-2w, Prod. %M 5"T RaonW. Cad Town. 1.e00-671&%27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of __ Orange R On 12/16/02 , before me, Paula Rosecrans Data f`ams wW Too of Qf w (a g . -Jar* Dos. NoWy Pubhc") personally appeared _ Kevin S . Bogart Nama(a) Of SgF."j) PAULA ROSECRANS .y COAtM. #125942g Ca Notary Public -California N 0PvVJGE COUNTY .:. ti Cann• ExPL Apffl 3.2004 PW-* Notary 584 Aeova ❑ personally known to me El —roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey 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 u n ehalf of which the person(s) acted, exe'cut the i rume t. i W NE my hand and o (al seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Bid Bond for Ben I s Asphalt / City of Hunting &-n Bch Document Date: 12 / 16 / 0 2 Number of Pages: Signer(s) Other Than Named Above: , principal ^ Capacity(ies) Claimed by Signer . Signer's Name: Kevin S . Bogart 1 © Individual « tap of MV" two ❑ WAR jer rate Officer — Ttle(s): ❑iQ Limited ❑ General ey in Fact Q Trustee Q Guardian or Conservator 0 Other. SignerlsRepresenting: Travelers_ Casualty_& Surety Co. of Merica o 199; Meow Nowt' A.aoowoe • 9= o. Sao.ra_ Po. Sm 24M • Cr.tawvK CA 9131Y7402 • a nabw*M ry" Prod No. 9aoy ftoraar Pam Tal-F"o 1409 4764W W14R-0G-03 12:16PL1 FR011-Wi ad-Gat►Iann laaarincs 714-ST3-TC44 T-338 �8r.001A3�3 F-ttg C'C'� •SO ,1 - r.ra—a% ■ a avr'L vE L.e�LLa%, % t a tilt %7Vt1HA*,�'Gzwr s x } 03/06/03 Wood-Cumum 2nsuraneo Brokers — Licease 00679253 14192 Franklin Ave., Suite 200 Tustin CA 92700-7044 Phones714-SOS-7000 i'ax:71i-573-177D en s AsphaletaInc.& SSealcoating, r c . i T�UK L 2200 S. Yale Street Santa A" CA 9270E COVERAMM T113 CERTVWAT E 15 cis AS A MATTER of INFORMAnON ONLY AND CONFERS NO iq WM UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, ErMND OR ALTCR THE COVERAGE AP FORCED BY THE PCKJCIES BELOW. IN8URMS AFFORDING COVERAGE RlSLJ"RA- St. Paul Fir• and Marine *4SUKR & 04LWR C: ETSM91t D: TrE PCLIC= 09 NSURAHCE UMV MLOW PAVE BEE KSUED TO THIS OGURQ MMMED AKN% FOR7W PMCV MR+00 dO1CATE0 NO1WrtHI6TM10W4 AMY RG0ti1WWE Yr. 'TEAM ON C0hKXWN OF ANY CWAACT OR OT14M DOCUMENT WITH AEb'FM TO WHICH T14S CE"r-ATE MAY Qfi SSUED OR MAY ►SRTAM nS ICA ANCE AFFORMD rY Joe POudES DE9GROM HEMN E KS=TTD ALL THE TEPPA CoCLL POPS 00 COMM" of ax:m POLICEM AGGM GATE LN"S ViC"M MAY BMN REDUCED BY PMD CURAL L TR : OF P3RE OLIMn M LAWS GENCRALLUa➢FY !1 000,000 A X cm-uCALOEwERM.LLmiL" CLANSMAN ❑x OCCUR KC06100040 03/01/03 03/01/04 from DAMAGEIAwwwomi E100 000 WomLAmswwr") S 5- 0a0 P♦'RSONAL a ADV NJURV s l 0 D 0, 0 0 0 CE+ERALAr,GRCWTE $ 2.00a 000 GGnAGGREGATELmTAPPUSiP94 PRaDUCTs.COwjorAGG E2,000000 PMM-' Pee Lx Ben. 1 000,000 AtrtoMrneaE LJ"LLiTY AkVALI" � 6 01 COL4180 O $WAS UMfT IE+scusa+I ! ft pvv'";)1eY An owMEDAtrros acrEDuL ED AUTOS ft:IJENNIFER WO M, C'Uy A cy �'0C0•'w' E HWO AL.T06 N0N4WP*DAUTO& ?071: INSURED EPd JF?�E`.1=1�.T ,T`i�r1i _1? PROPSMYDAWAGE , G".kr-LMLT( AUTOOWY-EAACCDCHT 1 Supercedes All Ot iers � t EAACC S 0CCE98LAEMIrf OCCUR 0 CLA+d MADE Pi eviusly'IssmFACHOCCURREHCE L AEG GATE S ! ! DEa�crea.E ! ACTCNT1t;N t rTORKE"COIOFMATMAwG cLIFLp"Ps LMABM1ITY qRVR tL liAOH ACC�DCxT ! fc.L. O4EASE • EA WPLO ! e.L.Drseasc.POUGrLe�+[r L OTHER I)!$CATFTPOH OF OPeRATDN&A.00ATiOH.PVENCLMOMLUdDwS A000 EY ZH4K EWWrSKGK;Z;R Ni AID days Taotics of Cancellation for non Payment of preaLivm. City of m=tingtoa zoach, its agents, officers, cmpioyees atTaI the Redevelopment Agency of the City of Suntington Beach are aamed as additional insured Per attached 0320101185 for occurenaan arisingout of worl: Periord by or on behalf of the named insured during this policy year. xToc CERTFICATE HOLDER N I A0mrlomt. PaUUD: VvU TER LZ. , x. GANCV-L.ATL4N RU:TM 03 EHOLED A" OF THE ABOVE OeWWWO FOLC3"CAK9UJO BEFORE THi G'at m— DATE TP REOC. M lCUNWO POURER VALL MAIL DAYS WNrMw City of imntingr om Beach Wn CL TO THE CtRTIFICATE NOI.00: MAUED TO M LSR, Attu; lick 1liaaageaesst Division 2000 Main Street suntington Beach CA 92648 Y7TM01iMm R[NRft1TTATAIt��` ��� I.CORD 25.g p�st1 ,Ayff�J OrYGORD CORPORAMN liai 1157 t lI�9, 045 0 MAR-CS-03 12:17R1 FROWV13od-Citliarta lncufaace fir'+ T14-ST3-1044 T-308 P.003/M F-07 MW IPOUCY NUMBER: KC06100048 COMMERCIAL GENERAL. LUBMW This endorsement changes the policy. Please read it carefully. ADDITIONAL INSURED - O'W1'ERS, LESSEES OR CONTRACTORS (FORM B) 711s endorsement modifies insurance provided nod erthe following: COMMERCL L GENERAL. LL4►Bnm COVERAGE PART. SCHEDULE Name of Person or Organizatiou: (WEDERE REQLMtED BY WM rEr CovrRwCr) City of Huntington Beach, lrs officers. agents. employees and agency of the Clry ofXuntington Beach. (Itno entry appears above, information required to complete ibis endorsement will be shown in the Declaration as applicable to this tndorsement.) WHO IS AN INSURED (Section 11) is amended to include as an lnsurtd the perso* or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. FO RMe{i 'at, kAt=uy CG 20 10 1195 Copyright, Insursoce Services Office, Inc, 1984 0 cMoioes W" WAR-09-03 12:1 TPII FROLI-trood-Cat+ann Inturaecs 114-573-TO44 T-300 P.002/003 F-100 IMPORTANT If the pr1ticate holder k an ADMONAL MURED.1ho policy(res) Tusl be wdorsed. A statement on Vw cerilf!ate doer not oonfer rights b dw eartiteate holder In tau of such endorsement(t). H SLIBROGAMNI 1S WANUI. subject to the terms amd oxxill ns cf the policy, cerbsn poises may anulm an Worsemertt A sUameni on tuts cart irate does rot oan%r rgnrts b the cer>lltato holder In lieu of such endorsemangs)_ DISCLAIMER The Cerdtimu of Insarsnce on the reverse side of this lbrm does nut ow%ti to a contreot be'.ween MO &aft lnawerK &ANortzed representative or producer. and the oertila to holder. nor does it arf rmatively or rrepatvely amend, extend or @Per the coverage affwded by to poises Rsted thmon. 2SS 17,17) ACDRD_ CERTIFICATE P•iODUCER Dodge Warren 6 Peters -Torrance Lic. #0543895 3625 Del Arlo Blvd., #300 Torrance CA 90503- F LIABILITY INSURAN OP ID C DATE IYY.'DDJYY �YYI /1 BEN208A 03 03 03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone:310-542-4370 Fax:310-542-1803 INSURED--- Ber.'s Asphalt Inc. 22C0 S. Yale ht. Santa Ana CA 92704 COVERAGES INSURERS AFFORDING COVERAGE I NAIC 0 INSURER PIational Union Fire Insurance INSURER B INSURER C-~�-�•~� .`----_ INSORERD__�--'�_� INSURER E THE PCLICIE S OF NISURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIWI OD INDICATED NOTWITHSTANDING ANY RECUIREMEN- TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO YMICH THIS CERTIFICATE MAY EE ISSUED OR MAY PERTARI THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS N`• R -ADD'C - — — OLICY EFFECTIVE�POLICY EXPIRATION j__. — "^ LTR INSRp TYPE OF INSURANCE POLICY paTE (MY+pO+W DATE MM�DOJYY LIMITS I GENERAL LIABILITY EACH OCCURRENCE 15 • ' COMMERCIAL GENERAL LIABILITY DAMAGET0 RENTED PREMISES JEaocarenoe, - S _ CLAIMS MADE � OCCUR i ME EXP (Arty one person) f _ PERSONAL S ADV INJURYI f GENERAL AGGREGATE if I GEItL AG :;REGATE LIMIT APPLIES PER PRODUCTS • COMP+OP AGO 15 r --- - 7 1 PRO. F- ^ POLI"Y JECT I LOC - I AUTOMOBILE LIABILITY ,.__. COMBINED LIMIT i t $1, 000 000 A ;X ANY AUTO CA8261063 03/01/03 03/01/04 , I - - �--- --�---- ALL OYJ1rE D AUTOS . ._ BODILY INJURY( SCHI DULED AUTOS I (Per person) _ - hIREIAUTOS - - -- --- - - ; BODILY INJURY �X X NON OVINED AUTOS I -II (P« acaosnll = ------�-- 1 PROPERTYCAMAGE (Pe, w aenll f + r GARAGE LIABILITY RO O j AUTO ONLY -EA ACCIDENT ,_f VM. F ANY AUTO � I � � / I -- - EAACC f OTHER THAN AUTO ONLY ter. AGE I f EXCESS'UMBRELLA LIABILITY EACH OCCURRENCE f OCCUR I CLAIMS MADE AGGREGATE is - --� - - OEDL CTIBLE IS I -' RETENTION S ��— ;S WORx£RSC0TI1yENSAT1pN AND 4 ITDRY LIMITS %ERA__ EMPLOYE 4 S' LU-BILITY A W7085095 03/01/03 ; 03/01/04 1 El EACH ACCIDENT i s 1 000 000 AAYI RJ4Fq-T[FiiMiNFk,ExECUTIVE OvFICEW►JIcMBFREXCLUDED' I EL DISEASE - EA EMPLOYEE S 1 000 000 we Jescro*Ir xy C+AL PFOVIf+CNS beow i - - - - - -- i EL DISEASE - POLICY LIMI' S 1 000 000 - OTHER 1 I i DE3CRIPTION OF OPERATIONS J LOCATIONS 1 VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS *Cancellation is amended to 10 day notice for non-payment. Certificate holder is additional insured as respects to the Automobile Liability policy. FU:: Residential Sidewalk, 309 14th St., Huntington Beach. XXXX CFRTIFIrATF 41C11 nFR CANCFLLAT1nN c-HUNTI SHCULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE 155UING INSURER WILL NUM4T13�MAIL 30 A DAYS WRITTEN City of Huntingon Beach S' NOTICE TO TNECCRTIFICATE HOLDER NAMED TO THE LEFT, BIJXVXLK*F&'V lMFM& Attn: Risk Management Division I171,�r{rbllse'.'��§#tid4,FA•fB11Xi4++1�'b�4x 2000 Main Street Huntington Beach, CA 92648 AUII' ORIZEDREPRESENTATIVE I V17' } James C . Mart r no \fir ACORD 25 (2001108) rauv IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Company Profile Page I oft Aj a Company profile Ins'urin"I"ce TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA C/O TRAVELERSIAETNA PROP & CAS CO ONE TOWER SQUARE HARTFORD, CT 06183 800-392-5494 Farmer names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF Effective Date: 07-01-1997 AMERICA Agent for Service of Process JAMI BURKS, 21688 GATEWAY CENTER DRIVE 3RD FLOOR DIAMOND BAR, CA 91765 DR-Ible to LocatC the Ag&nt for f s? NAIC #: Reference Information 31194 NAIC Group #: 2� 21 California Company ID #: 2444-8 Date authorized in California: July 31, 1981 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT alines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the Plossmy. AIRCRAFT AUTOMOBILE http:i/cdinswww.insurance.ca.gov/pls/wu_co_proflidb_co_prof utl.get co_proPp E... 3/6/2003 Company Profile Page 2 of 2 BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information t 4 Company Enforcement Action Documents Comiji r? PPerfa mgn• Comparison Data Composite Complaint StUdics Want More? Financial Rating Organizations Last Revised - January 08. 2003 06:21 PM Copyright 0 California IhFartment of Insurance isclaim!Z-: http://cdins%vw�•,insurance.ca.gov/pis/wu_co_proflidb_co_profiutl.get co_prof?p_E... 3/6/2003 CITY 01,4UNTINGTON BEACH ' RLSNo9D( REQUEST FOR LEGAL SERVICES Assn To Gail Hutton, City Attorney Date Date: Request made by: Telephone: Department: 3I6103 Robert A. Martinez x-5423 Public Works INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ® Bond ❑ Meeting ® ContracvAgreement ❑ Deed ❑ Court Appearance ® insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: informatloWntalnedA this RLS to all -__ mern7it ncll. Agenda Deadline , Council Meeting 3113/03 ignature of i5epartment Head COMMENTS Please check and approve the attached federally -funded (original) Public Works construction contract between the City of Huntington Beach and BEN'S ASPHALT, INC. for the Warner Avenue Street Improvements; CC-1149 and Newland Street Improvements; CC1157 per the attached specifications and contractor's bid proposal. G n W Attached are the following-.=►�, 1. Original contract agreement, for signature only 1 .-4-um -.J 2. Performance Bond, Bond # 103905584. one set >-4 3. Labor and Material, Payment Bonds, Bond # 103905584, one set o 0 4. Certificate of Insurance, one set �'` a 6. Insurance company profile Routing: ❑ GCH ❑ PDA IDLE; ❑ SL 10_JF ❑ ADL ❑ SF ❑ JM ❑ This Request for Legal Services has been assigned to attorney , extension His/her secretary is , extension Notes: File Name: Date Completed: WP No.. [] Shaded areas for City Attorney's Office use only. RI C fnr Rt%rvic 1/FJ7n ni I-lu PIU oel6in^t FEDERALLY FUNDED CONSTRUCTION CONTRACT BETA`EEN THE CITY OF HUI\71NGTON BEACH AND FOR ARTERIAL HIGHWAY REHABMATION FOR VARIOUS CITY STREETS TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. CO..M?ENSATION 3 4. COWI ENCEMENi OF PROJECT 4 5. TEME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. • DIFFERING Si'I'E CONDITIONS 8 13. VARIATIONS IN ESTLMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. NVTTHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 19. LVDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LL4BII.ITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. DEFAULT & TERMINATION 14 23. TERMINATION FOR CONVENIENCE . 15 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 25. NON -ASSIGNABILITY 15 26. CITY EMPLOYEES AND OFFICIALS 15 27. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 28. NOTICES 16 29. SECTION HEADINGS 16 30. rvMGR.ATION 16 31. LEGAL SERVICES SUBCONTRACTING PROIUBTTED 17 32. ATTORNEY'S FEES 17 1 Mw FEDERALLY FUNDED CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 33. INTERPRETATION OF THIS AGREEMENT 17 34. GOVERNING LAW 18 35. DUPLICATE ORIGLNAL 18 36. CONSENT 18 37. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 18 38. CALIFORNIA PREVAILING WAGE LANV is 39. CALIFORNIA EIGHT -HOUR LAW 19 40. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 41. EMPLOYMENT OF APPRENTICES 20 42. PAYROLL RECORDS 20 43. FEDERAL PARTICIPATION 21 44. DAVIS-BACON ACT 21 45. DISCRLMINATION, MINORITIES, ALIENS 21 46. EQUAL EMPLOYMENT OPPORTUNITY 21 47. COPELAND "ANTI -KICKBACK" ACT 22 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 49. EviPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 50. ENERGY CONSERVATION 24 51. HOUSING AND URBAN DEVELOPMENT 24 52. ENTIRETY 24 2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ,FOR •- _ ,,._, ARTERIAL HIGHWAY REHABILITATION FOR VARIOUS CITY STREETS THLS AGREEMENT ("Agreement") made and entered into this _� daY of 20a3zl by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and �� rs�p`U'�, ���• , a California hereinafter referred to as "CON7R.ACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as arterial highway rehabilitaiton for the following streets in the City of Huntington Beach; and 1. Warner Avenue Rehabilitation Improvements Project CC No. 1149 (Beach Boulevard to Springdale Street). 2. Newland Street Rehabilitation Improvements Project No. 1157 (Hamilton Avenue to Atlanta Avenue), CONTRACTOR has been selected to perform sail services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter *nade and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK,• ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, 02ag eelane al h%vynr9/02 1 services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF NVORK• 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 defined below in this Section), 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 thorough 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 the Contract Documents insofar as they rcla:e 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; 021gwlarerial hwyll/4/02 2 k4wo, C. The CITTs 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, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which- is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a 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"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. obgrWaneral hwyll19M 3 Should there be any conflict between the terns 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 the 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 ,:Pt4p MIL-;-IM4 F-j6HT i4UWF43P V TWA WVLI 451KffikLP±E2 Dollars 30), as set forth in the 'rftimrat_ � -rfipi-- cw115 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 the Notice To. -Proceed is issued and diligently prosecute the PROJECT to completion within PI&H (2 D) consecutive �''YS from the day the Notice to Proceed is issued by DPNV, excluding delays provided for in this Agreement. S. MIE 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 worldng on the PROJECT in a manner that,% ill facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. 02alwelanerial hwyltl4/02 4 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 DPW. CONTRACTOR agees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CON'TR.ACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the pa. -ties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, 0229-edtneal hwy!! /9/02 5 relief to CONTRACTOR shall be Iimited to a time extension equal to the delay due to such unavailability. S. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (1001/6) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES 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 own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereund= as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its o%-,m cost and expense, and be responsible for any and all payment of all taxes, social security, state 02agee/arurial hwy/I/9.'02 6 disability insurance compensation, unemployment ccmpensation and other payroll deductions for COi\1TRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIOUIDATED DAMAGESMELAYS 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 CTTY, as liquidated damages and not as a penalty, the sum of -FWP H LNPP-.C--'n Dollars (5 r pe: day for each and every working days delay in completing the work in excess of the number of workingJcalendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay-, and CONTRACTOR agrees to pay these 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 exteafion of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or - negligence of CONTRACTOR, including, but not Iimited to, acts of God or of ee public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and 02agree ianenial hwy1119M 7 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 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 by waiting for materials required by this Agreement to be furnished by MY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the evert of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made rmless a claim therefor is presented in writing to CITY within fifteen (15) da)s 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 materials by CITY or delays by other contractors or subcontractors; will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DUTERING51TE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of - Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at 'the job site, of an unusual nature, differing materially from those ordinarily encountered and generally 02igree/arre'ial hwy1119102 8 W `� LIE recognized as inherent to work of the character to be performed under this Agreement. 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. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS 1N ESUMATED QILANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to 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 adjustor=nt in price or time for completion shall be allowed if asserted after final payment under this Agreem.-nt. if the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 023grcdartrrial bwyll/9/0: 9 14. PROGRESS PAYMENTS Each month 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 of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONMACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (1001/6) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all pre%iou-, payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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 demandi drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SCJBSTMJTION OF SECURITIES At the request and at the sole cost 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. 02agreelartrriat hwy1119102 10 16. AFFIDAVITS OF SATISFACTION OF CLAMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials aid all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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 corstitute a waiver of all claims against CITY under or arising out of this Agreement. 18. NDEVI WICATION. DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, clairas, damages, losses, expenses, judgments, demands defense costs, and consequential damage or- liability of any kind or nature, however caused, including those resulting from death or injury to CONIRACTOR's employees and damage to CONTR.ACTOM property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection. of CONTRACTOR's counsel. CITY shall be 02agme-arterial hwy/1/4101 11 reimbursed for all costs and attorneys fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be prm,ided by CONTRACTOR 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this 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 and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subeont.-actors to provide such workers' compensation and employees Iiability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not Iess than the following amount: combined single limit bodily injury and 0NM-.'amial hwyll/9:'02 12 property damage, including products -completed operations liability and blanket contractual liability, of One Million Dollars (SI,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no Iess than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 421. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall famish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: I . provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its represen•.ative shall at all times have the right to demani the original or a copy of all the policies of 02arme'Weria! hwyl1/9A02 13 insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOWs insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. - DEFAULT AND TERM NATI N If CON7RACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged 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 CONTRACTOR 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 otter 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, If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a tmniration for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 02apee/wertal nwyn19ro2 14 23. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CO'-MUCTOR. In the event of termination, under th:s Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7'l:1%) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 24. DISPOSITION OF PLANS ESTMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 25. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey of encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 26. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular MY employee in the work performed pursuant to this Agreement. No office: or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. ozareeaneial nwynroroz 15 WA 27. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 (2), 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. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation .shall warrant, or by enclosing the same ,in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 w9. SECTION HEADINGS TO CONTRACTOR: '3'^NTA yq4/111- , C-^ _ ?%N4T_: - JOH N W. The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference cnly and are not representative of maters included or excluded from such 02asrodarurial bwy/l/9/02 16 provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 3 0. EMI IGRATION 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 United States Code Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree' that CITY is not liable for payment of any subcontractor work involving Iegal 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 small not be liable for payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this`Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorneys fees from the non -prevailing party. 33. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, accordins to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly 02ag ee'artcHal hwyll/9/02 17 provided here. As used in this Agreement, the masculine or neuter gender and singular or plural - number shall be deemed to include the other whenever the context so indicates or requires. Nothin; contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and ' f signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CrMs consentlapproval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consentlapproval to any subsequent occurrence of the same or any other transaction or event. 37. CALIFORNIA FAIR EIMPLOYINSINT AND HOUSLN'G ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. UaM/anerial hwy/1/9IO2 18 38. CALIFORri'IA PREVAILING NVAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailirg rate of per diem wages and the general prevaiLng rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the pro -visions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensaticn to every employee. 13. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forf:it twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or t)pe of work. 39. CALTFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement, thereunder, not more than eight (8) hours shall constitute one days work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as 02arwJsreia7 hwy/t/9/02 19 stipulated in Cali fonua Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section I812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section IS 13, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 40. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 41. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is appli.--able to this PROJECT. 42. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in 02ar. eeh:mai hwynrorox 20 t connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 43. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement pro,,zsions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply thereurith. 44. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 45. DISCRMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local 02a3ndartriai hwy/119M 21 W qualified minority individuals when job opportunities occur and utilize local business fuzes when possible. 46. EQUAL EMPF.OYMENT OPPORTUN[TY The CONTRACTOR will comply with all provisions ofExecutive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY itse written affirmative action plan prior to commen.ement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 02agme-laneial hwyr119102 22 47. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the CopeIard "Anti -Kickback" Act (1S USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compen3ation to which he is otherwise entitled. 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or work -week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanita-y, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 02sFe� anrial U"1119102 23 u 49. rMPLEMENTATION OF CLEAN AIR ACC FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 50. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the s-,ate energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (42 US Section 6201, et seq.). 02agmm/arurial hwyll/9/02 24 `►r) 51. HOITSLNG AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedares and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that maybe required in accordance therewith. 52. EhMTY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and volunta-ily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, REST OF PAGE NOT USED 02a redlancriai hwyr119102 25 and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California RPn' G Agphal f Tno 4ANil '090 r(4a- `,/ Mayor By: LA i . , - — ATTEST: William J Skeffingten ��dryXj,�i ` .-•- print name ITS: (circle one) Chai resident/ ice President City Clerk an name ITS: (circle orT*JS Secretary - Treasurer REVIEWED AND APPROVED: City A inistrator APPROV D AS TO FORM: o Dee. triy Attorney �} IAT AND APP ED: Director of Public Works 02apee/arterial hwy/1/9/02 26 SECTION C PROPOSAL for the construction of I. WARNER AVENUE STREET IMPROVEMENTS - CC 1149 FROM SPRINGDALE STREET TO BEACH BOULEVARD IL NEWLAND STREET IMPROVEMENTS — CC 1157 FROM HAMILTON AVENUE TO ATLANTA AVENUE in the CITY OF HUNTINGTON BEACH A - 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 perfann 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 80 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit andlor Jump 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 av'varded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 f [ [ N W1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Date C-2 SECTION C PROJECT BID SCHEDULE Warner Avenue, CC-1149, STPL - 5181 (136) Newland Street, CC-1157, STPL - 5181 (137) PROTECT BID: TOTAL AMOUNT LUMP SUM BID IN FIGURES: r TOTAL AMOUNT LUMP SUM BID IN WORDS: narn isvon a y+wrdf &N hyo(pd +h ► f CA0 leis 0n6 + ,14 s PROJECT ALTERNATIVES: The Additive Alternate Bid Project Alternatives (See Warner Avenue Rehabilitation, CC, 1149, Page 6 of 6) below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for the Additive Alternate below. The City shall award the Contract on the basis of the Project Base Bid alone. ADDITIVE ALTERNATE NO. 1 IN FIGURES: $ q LP1000, 00 ADDITIVE ALTERNATE NO. 1 IN WORDS: n i rt--l-Ysiu-Oiodsand d o� C-z.1 WARNER AVENUE REHABILITATION IMPROVEMENTS CC NO.1149 STPL - 5181 (136) C-2.2 .+ T WARNER AVENUE PROJECT BID SCHEDULE -ITEM- ESTIMATED :: STEM WITH UNIT.PRICE WR?TEN IN.-.-:. :. 'UNIT.PRICE --EXTENDED.: NO. CQUANTITY' ='. = =WORDS` `, .AMOUNT:. 1 1 Mobilization $ � 00. $_ L.S. I _ Dollars a r d Cents 2 1 Traffic Control Plan $ II,00 $ I L.S. @ E e- +hP5 � Dollars o rl d 10 G Cents 3 1 Furnish Pro'ect Traffic Control ll $ 2 ., - $7g.00a L.S. T� aC nlne, d nV Dollars Ad N Cents 4 219,370 Cold Mill—i & Head Outtina . � JDollars $—�# $ ��$•� S.F. @� On 0 4 4 4WO Cents 5 4,706 Unclassified Excavation $ I 00 _ $ aL C.Y. @ Dollars Cents 6 27,258 Construct Asphalt Concrete (Overlay, Full Depth, $ $!LQL4ALTj.% Ton etc. I/ @ Dollars 1 •G Cents 7 1,173 Pavement Reinfor ement Fabric & Route and $ 2 2 0 $7!55;0. {o S.Y. Seal of Cracks of ,Dls Dollars and 4vi-enLi Cents 8 48 Adjust Sewer/Storm Drain Manhole to Grade $ Each @ �,r hv'r�d yt G� �I _Dollars An 0 Cents 9 123 Adjust Water/Gas/Monitoring Valve to Grade $ w sfp'. ' Each ded +frl Dollars and N 0 Cents 10 1 Adjust Survey Well Monument Cover to Finish $ L $LA I Each Grade @ Fail hired }-en Dollars C1 d nN G Cents 11 1 Survey Monumentation�J / f_'_� 1 %101k5s $ 9, -40 $--S.. I5p,p. L.S. @ f _1JeW"fJ Dollars r"1 O Cents 12 181 Traffic Loop rtd JP $j 3 0 - �0 $ 3 0,'1- Each @ /r rlA se Dollars A 0 d Cents 13 1 L.S. Traffic Striping _( Q7—T , 4 Dollars $3 ,000. $2 Cents C-2.3 - • . . • Y • V Mw ITEM: :ESTIMATED. =: ITEM WITH UNIT PRICE,WRtTTEN IN '_ = •UNiT_PRiCE_ :EXTENDED,. NO:. QUANTITY = WORDS .'AMOUNT: 14 251 Remove $ Rg onstruct Curb and Gutter $�• _ sj soj.0 !_. F. @ ; , L O n-#, Dollars on d r`1 O Cents 15 2.957 Remove & Reconstruct Sidewalk $ U ' $ S.F. @ c51 xDollars Arid +VjenCents 16 3 Remove & Reconstruct Access Rant $ �,S •� $ } 5 EA. Dollars a n d #Q G Cents 17 1 Construct Curb r� DnJnlet Struc $ $Z,S�►__ EA. @—T�N00)0�nA1.13�hJnti'u Dollars Dqncj NO Cents Construct 12" Water Main & Appurtenances, 18 1 Pressure Test and Disinfect per Water Main Construction Plan, S 1 1 eet of L.S. @ 3cJen4+h0Jsarl� Dollars (in d Cents Sub Total Bid Amount, Bid in Fi ures: $ OZ + Sub Tot l Bid Amount. Bid in Wor s: r 4vio 0/04_Lw-P �rYl�t l(1ebr6(k:d cblle�fS C C-2.4 • + r kwI NEWLANII STREET REHABILITATION IMPROVEMENTS CC NO. 1157 STPL - 5181 (137) C-2.5 NEWLAND AVENUE PROJECT BID SCHEDULE -ITEM ESTIMATED ---ITEM WITH UNIT PRICE WRITTEN UNIT . :.'EXTENDED - L :� NO. TI �TY' QUAN -'WORDS .PRICE AMOUNT 1 1 Mobilization L.S. @tn -�-hojsanc) Dollars F an N o Cents 2 1 Traffic Control Plan Asa J $_5X0.00 $5000, L.S. @ ;=-1 JP' 41) 0 n Dollars can Cents 3 1 Furnish Project Traffic Control $t I, 000, 0 C, $ 1 L.S. @ Dollars and Cents $_ ;y $ 4 24,437 Cold Milling & Header Cutting S.F. @ 0_5 Dollars CA r) d r.�.4 qCents 6 1,812 Unclassified Excavation' $J_q' 00 $:z5aA5. C.Y. @ P_rn J f 4-e-en Dollars on d I"J Cli Cents 6 5,204 Construct Asphalt Concrete (Overlay, Full Depth, $,7, 4 g L) $ ILI -7 -1 Ton etc.) (6 —Dollars CIL rN &J U Cents 7 293 Pavement Reinforcement Fabric & Route and $ 5.50 $ 1,1011, S.Y. Seal of Cracks @_ r= I � Dollars A r) C1 4"', r-Li Cents 8 18 Adjust Sewer/Storm Drain Manhole to Grade $AIL. QQ $2L (3. 00 Each @ h0oated rOILI Dollars Cents 9 13 Adjust Water/Gas Valve to (irade $_HC__111.130 $-L-Z q Each @ Iia Jhond!ftcl Dollars _031 ek n CA 'rJ D Cents 10 1 Adjust Survey Well Monument Cove, to Finish $_q'Q 10.00 $A&I 0 - co Each Grade v'0J4hc10-'-an }en Dollars 01) C1 7\T0_ Cents 11 1 Survey Mon entaflon = Tho'r�8 $_2_11polalw $20-IC-Dr-J" L.S. Dollars CF11 d Itio Cents 12 10 Traffic Loop N Ad f� -10 JP3 UO $ 1 10-L $ 1 M903 0 Each @_one se Dollars Ck n Cl tJ 0 Cents 13 1 L.S. Traffic Striping $31222' —.00 $2-1-300-co an d f,,.J 0 Cents C-2.6 . + Y U 09 :ITEM ESTIMATED_ ' =.",ITEM WITH UNIT, PRICE .WRITTEN IN ;' ,UNIT PRICE. -EXTENDED - `NO. QUANTITY `WORDS'AMOUNT. 14 43 Remove & Reconstruct Curb and Gutter $ Z I A , 0 L.F. @_ T) :ELj d n-C, Dollars 6+f41 Aj Q Cents 15 906 Remove & ReconstTt Sidewalk $ 1 , V. Q$� 3 S.F. @ FE 0 J Dollars Or)O 6)qnTl Cents 13 Remove & Reconstruct Access Rar7 $ I,350, $ h,SSo. D16 EA. @ Qrle4hDJsbrd+h1et_hJ 4��Dollars s Cents Sub Total Bid Amount, Bid in Figures: $ Sub Total dA-.,Bid Words: leech"reeci y hIt fKf Ill' 1.1U k:G fir) ndled e C 2.7 LIST Or SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion - orH'ork Name and Address of Subcontractor State License Cass Number... A;, OC> L }- CPJ + 01 C.Z. corona ce)I 1�ra n ;o. ;E\ ma* sJRr'a o,c. s;4(► p 1 Otte w4-k, Val �er&,- C&-6+. SQ4aIF& s By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors fisting. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. G3 NONCOLLUSION AFFIDAVIT TO BE EXTCUTED BY BIDDER AND SUBMITTED NVITH BID State of California ss. County of Orange vJ Sln��o� , being first duly sworn, deposes and says that he or she is C 1:_�4 of Fsn'S the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage -against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to cffcctuate a collusive or sham bid. Ben's Asphalt, Inc. Name of Bidder 2100 N$. Yale Street Santa Ana, CA. 92704 Address of Bidder Subscribed and sworn to before me this day of , 200 TEEN Y�NIGUYEHT COT. N ARY PJB;!C•CAUFW"'0.'i!A N uF t'.�. NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the IMPROVEMENTS, (i)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission faci'.ities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, xr familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 12/13/2002 Contractor Dy Title Bgn's Asphalt, Inc. n Cheif Financial Officer C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 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-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date: 12/13/2002 Ben's Asphalt, Inc. Chief Financial Officer Title C7 IM BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Ben's Asphalt, Inc. Bidder Name 2200 S _ Yal A StrPPf- Business Address Santa Ana _CA 92-lnd City, _ State Zip 714 540-1700 Telephone Number 668417 A C12 State Contractor's License No. and Class Original Date Issued _ 2/31/2001 _ Expiration Date The work site was inspected by Mike Brown of our office on , 12 / 10 2002-. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 r �r 1 4 1 �• 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. Ben's Asphalt, Inc. Company Name S Printed or Wed Signature Subscribed and sworn to before me this i7day of6111k4., 200� NOTARY PUBLIC J 7IEN YAN NGUYEN COMM.11240220 u! w NOTARY PUR,1C•CAUFORNIA OuA4s cwnty Yl Cora. tryip Ottc.er 3r, IO13 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1_ SEE ATTACHED -LIST. Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C10 I ' • `Rg:Rj ASPHALT, INC. REFERENCE LIST / City of Santa Ana � 1 s'& 5`'' St. Rehab. / Shelton St. i 20 Civic Center Plana, Santa Ana, CA 92702 Edward Torres (714) 647-5018 Cify`ofMission Viejo Cabot Road Improvements f 200 Civic Center Drive, Mission Viejo, 92691 Chagnon (949) 470-3056 --'" Claremont Unified School District 2080 North Mountain Avenue Claremont, CA 91711-2697 Steve Lowe (909) 398-0609 Fullerton Union High School District 1027 South Leslie Street Le Habra, CA 90631 Bill Nance & Fred Diamond (714) 680-5601 Fountain Valley School District 17210 Oak Street Fountain Valley, CA 92708 Ken / Ian (714) 0(4 „� City of Anaheim 200 S. Anaheim Anaheim, CA 92803 Attn: Mike Woods (714) 765-5176 Long Beach Unified School District IS IS Hughes Way Long Beach, CA 90801 John Nimmons (562) 997-8000 x1504 North Orange County Comm. College District 1000 North Lemon Street Fullerton, CA 92832-1351 Linda York (714) 578-8463 Mt. San Antonio Community College District 1100 North Grand Avenue Walnut, CA 91789-1399 Placentia Yorba Linda Unified School District 1301 East Orangethorpe Avenue Placentia, CA 92670 0,a -5�� Pete (714) 985-8440 L Garden Grove Unified School District Redondo Beach Unified School District �'1'�� 8211 Lampson 1401 Inglewood Avenue ; �' Garden Grove, CA 92641 Redondo Beach, CA 90277 _ v `°� Arkie (714) 663-6390 S {310)-3 9 ., �r �Q 5 � - 3,2 yes � J Glendale Unified School District � - Saddleback Valley Unified School District 223 North Jackson % &..,-25631 Diseno Drive 44 %, Glendale, CA 91206 Mission Viejo, CA 92691 �y C� Steve Vartanyan (818) 241-3111 x470 Charles Buller (949) U04230—� Hemet Unified School District %--'Ibrrance Unified School District " 2350 West Latham Avenue 2335 Plaza Del Amo Hemet, CA 92545 Torrance, CA 90509 (909) 765-5100 Patrick (310) 533-4212 Huntington Beach Unified School District Westminster School District 10251 Yorktown Avenue 14121 Cedarwood Avenue Huntington Beach, CA 92646-2999 Westminster, CA 92683-4482 Ed Baker (714)-964-333' - Kenneth A. Fiolka (714) 894-7311 2?00 S. Yale St., Santa Ana, CA 92704-4427 / Phone (714) 540-1700 — Fox (714) 540-1709 CITY OF HUNT INGTON BEACH BIDDERS UST All Bidders/proposers are required to provided the following information for all DBE and non - DBE contractors, who provide a proposal, bid, quote, or were contracted by the proposed prime. This information is also required from the proposed prime contractor, and must be submitted with their bid/proposal. The City of Huntington Beach wiI] use this information to maintain and update a "Bidder's" list to assist in the annual DBE goal setting process. Firm Name: Ben's Asphalt, Inc. ' Address: 2200 S. Yale Street Santa Ana, CA. 92704 Phone: :114Q 17,, Fax: 714-540-1709 Conta-t Person: Mike Brown No. of years in business 41 Is the firm currently certified as DBE under 49 CFR Part 26? YES NO Type of work/services/materials provided by firm? ..General Engineering Contr What was your firm's Gross Annual receipt's for last ear? a Less than $1 Million o Less than $5 Million a Less than $10 Million o Less than $15 Million di More than $15 Million This form can be duplicated if necessary to report all bidders (DBEs and non DBEs) information. C-11 Local Assistance Procedures Ms' 11 EXHIBIT 12-E PS&t Checklist Instructions SNo� Attachment C (THE BIDDER'S EXECUTION ON THE SIG,1'ATURE PORTION OF THIS PROPOSAL ,SHALL ALSO CONSTI77JTEANENDORS&VENTANDMCU17ONOFTHOSE CE.RTIFICA77OArS WMCHARE A PART OF THIS PROPOSAL) The bidder subcontractor EQUAL EMPLOYMENT OPPORTUNITY CERT MCATION / m, f'% Xair) , proposed . , hereby certifies that he has _x . has not . participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925,11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are'set forth in 41 CFR 60-15. (Generally only contracts or subcontracts of S 10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Ilighway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. n� C-12 Page I245 �j f f y Local Assktance Procedures gnual EXHIBIT 12-E ME Checklist Instrnetions "Attachment C DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a oonaact b. tntial award b. mate fal dtange b grant d- 000peratire n< C pmt swam . . For Material Change Only: _ d loan • ben R+amnlee artei date of tact report C ban tnsuranoe 4. Name and Adress of Reporting Entity: 5. a Reporting Entity In No. 4 Is Subawardee. Enter • Prime Subawardee Flame and Address of Prime: rier , #known Congressional District. Yknown: Congressional district. lfknown: 6. Federal DepartmentlAgency: 7. Federal Program Name/Description: CFDA Number, ifepprmble 8. Federal Aeon Humber, if known 9. Award Amount itknown: s 10. a. Name and Address of Lobbying Entity b. individuals Performing Services (including address if (if individual, last name, first name, Mf): different from No. IOa) (last name, first name, MI). (attach Continuation Sheef(s) tlnecessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) S actual planned a. retainer tee b. commission c. commission 12. Form of Payment (check all that apply): $ cash fee b. in -kind; specify: nature 8 e.d. � rmnt d value f. other, specify: 14, Brief Description of Services Performed or to be performed and Dates) of Service, including oflicer(s� employee(s), or member(s) contacted, for Payment Indicated in Item I is (attachCwffnuafion5heet(s) ifnecessary) 15. Continuation Sheet(s) attached: Yes ❑ No 16. Information mq bd through tut form le a tatz-d by Thtie 31 u.s-G Section Signattue' 1=fiadsdweofbbbfta*A6&sisamaeeWrepawWondfact h keffington upon wtkh mttance was placed by the ter abor wW ft�a transaction was Print Nam ' made or eraemd fibrs Is mv . 11* discloarrtmd pursuad to 31 U.S.C. M 714Imtornation rM be mponwl b Me Co msa sernkrns* wd.s be Titlee: available toe pub* Yapeeton. Any person sho tans to 11e hhe mq*W d'adosum oat* wMea b add penalty or not Iess #= MAW" AW aid rot mom than Telephone No.. 14 5 4 0 —17 0 ate: 12 / 12 / 2 0 0 2 $100,000 breach such bkft Federal Use Only: ALOWt for LocalRep�lbn stamdad Form u11�.,' o1-0r�ss C-13 Page 12-55 February 1,1"S • ��?BQ' I2-L� Attachment G Loc,,.�tstance Procedures Manual PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 3I U.S.C. Section 1352..The filing of a form is required for such pa3ment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. I. Identify the type of covered Federal action for which lobbing activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subav►ard recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the flu-st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. b. Enter the name of the Federal agency making the award or Ioan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans end loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001 " 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individuals) performing sen•ices and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter 6e amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Pa;e I2-54 C--24 Local Assistance Procedures Mom! U EX MIT.I2:r PS&E Checklist Instructions Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include ail preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officers) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her game title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (034&0046), Washington, D.C. 20503. C-15 Page 12-55 { ,o. v v CITY OF HUNTINGTON BEACH 1NTERDEFARTMENTAL COMMUNICATION TO: CC-1149 & CC-1157 Street Rehabllltatlon Improvements Fife. FROM: Larry J. Talte, Civil Engineering Assistai ` DATE: January 2, 2003 SUBJECT: Reference check for Ben's Asphalt, Inc., 2200 S. Yale Street Santa Ana, CA 92704, (714) 540-1700, Fax No. (714) 540-1709 Ben's Asphalt, Inc., A City of Santa Ana B: City of Misslon C: Saddleback State License No. 668417 Name: INllllam Me]o Valley Unifled Class: A, C12 Albright (Ed Torres: Nome: Mark School District QUESTIONS 714-647-5018) Chagnon Name: Ray Phone:714-647-SM Phone:949-470-3056 Mcelheny Phone: 949-580- 3408 YES FAIR YES 1 Did contractor work well with your agency? NO: Warner's NO: Contractor NO 2 Did tney change personnel during the Job? Inspector: /ilando failed to keep the Garcia @ 6117-5M. project's Mr. Garcia's Superintendent on comments: the project site at all times (sub- contractors would work without any supervision). NO NO NO 3 Were there any problems with subcontractors or suppliers (#op notices)? YES YES: see comment YES 4 Did general and subcontractors work No. 2. cons'stently on theproject? ON -GOING YES YES 5 %ties the project completed on time? OK FINE NO COMMENT 6 Now was the quality of the work? YES YES SEE No. 10 7 Would you hire this general contractor COMMENTS air? SECTION BELOW 8 Are fie contractors' and subcontractors' ' licenses current and verified with Scat© Contractors license Bureau? Yes, (Contractor & Subcontractors' licenses are current and active). _ rjXonvnution Contracts (CCs)%Cel 1491\Contraet Reference Check -CC -I 149 & CC-1157Aoc 9 Are there any citations or judgments on file ogo'nst the contractor wkih the State Conlractor's licensing Board? No Project Is on -gang Project constructed: The lnffld contract 10 Comments: (Fairview: 100 Summer '02 (Approx. length: 1 year. with working days, 6 weeks long). the option to Warner: 60 working extend the Initial days) concoct an additional 3 years. Saddleback Valley Unified school Dismct at the end of their Iyear contract opted to not utilize the contract extension. A: Project & Contract Amount: Fairview & Warner Intersection Rehabilitation, $755,000 & $346,000 respectively. B: Project & Contract Amount: Cabot Road Rehabilitation, $222,900 C: Protect & Contract Amount: Asphalt repair and overlay of parking lots and playground areas, $400 to $75,000. PFIOOF OF PUBLIC ]ON - NOM BIVIM SUB BB)S far LwARNEftAVEMIESTREETIMPROVEMENIS-CC1149 STATE OF CALIFORNIA) FROM SF'RN O SM TO BEACH BOULEVARD L *YYtAIID STRW 1111MV01M - CC 11S7 S S . FROM W&TON AVENUE TO AT=A AVWE b (be CR OF HIINI C N BEACH County of Orange ) PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated projects and will I am a Citizen of the United States and a receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on resident of the County aforesaid• I am , December 4. Bids will be publicly open in the Councilcil Chambers unless otherwise posted over the age of eighteen years, and not a A set of Plans, Specifications, and contract documents may be obtained starting Novewrber party to or interested in the below 19, 2002, at City Hall, Department of Pubhc Works, 2000 Main Street, Huntington Beach, CA entitled matter. I am a principal clerk of 92648, upon payment of a $45 00 nonrefundable fee of picked up, or payment of A $5000 nonrefundable fee if mailed the HUNTINGTON BEACH INDEPENDENT a , This ,s Davos -Bacon proles) and the Federal Regulatipns will be enforced Any contract entered newspaper of general circulation printed into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which and pu lished in the City of Huntington b are on file at the office of the Director of Public Works, 2000 Mam Street, Huntington Beach, CA Beach, County of Orange, State of 92648. Any contract entered into pursuant to this nonce California, and that attached Notice is a will incorporate the provisions of the State Labor Code, Pursuant to the provisions of the Labor true and complete copy as was printed Code of the State of California, the minimum' prevailing rate of per diem wages for each craft, classification or type of workman needed to and published in the Huntington Beach execute the contract shall be those determined by the Director of Industrial Relations of the State and Fountain Valley Issues of said of California, which are ofile the Office of the Director of Public Works, 2000 0 Main Street, to wit the issue(s) of: Huntington Beach, CA 92648 The AGENCY will deduct a 10% retention from newspaper all progress payments The Contractor may substitute an escrow holder surety of equal value November 14, 2002 to the retention in accordance with the provisions of the California Government Code, Section 4590 The Contractor shall be beneficial owner of the November 21, 2002 surety and shall receive any interest thereod The AGENCY hereby affirmatively ensures that November 28, 2002 minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on December 5, 2 0 2 the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract No bid shall be considered unless it is prepared Ion declare, under penalty of perjury, that the approved Proposal forms in, conformance with the Instructions to Bidders the foregoing is true and correct. The bid must accompanied a certified check, cashier's check, or bidder''ss bond made payable to the AGENCY for an amount no less than 10% of the amount bid The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall Executed on December 5 , 2002 possess a State Contractor's License Class A at the time the bid opening The successful Contractor Costa Mesa, California. and his subcontractors will be required to possess theAGENCY usinessat pProj ctlDescription:from The project consist primarily of grinding of the existing pavement, removal of faded roadway sections, asphalt paving of faded areas, overlying the streets with asphalt concrete, limited removal and installation of concrete curb and gutter, adjusting manholes, monuments and valves to grade, installing traffic loops and constructing a 12' water main with blow -off valves e The contract allow's the contractor 80 working daysto complete the contract e The engineer's estimate for ,the work included Signature in the base bid portion of this contract is $1,879,500 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days f BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 1st day of July 2002 Attest: Connie Brockway, CITY CLERK OF THE CITY OF HUNTINGTON BEACH, 2000 Main Street, (714) S36-5431 Published Huntington Beach Independent November 14, 21, 28, December 5, 2002 112-322 Dec 23 02,04:45p HENS ASPHALT CO 714.910 5270 P.1 2200 S. Yale Sueet Santa Ana, Ca. 92704 _A To: Larry Taite From: Mike Brown Fax: 714-374-1573 Phone: 714-536-5590 Pages: 1 Date: 12/232002 Re: Licenses for fisted subs CC: WamerAvenue Rehabilitation CC 1149 ❑ Urgent X For RevIew ❑ Please Comment ❑ Please Reply ❑ Please Recycle Below are the contractor licenses for our listed subcon:ractors: - �,��T. 1. Pavement Recycling A' 11569352 2. Ramirez Construction W;% //2a1? C-C/ A683241 rr 3.EBS, Inc. n/-51/zCV¢ A • A720016 Gl/Y 4. California Professional Engineering +/50/2003 C-!o C-10 793907 L//a• 5. Orange Coun. in /.>•— rf 9 'Y Str F 9 3i31%ZoQ3 C-32 346095 C �'•3z:•C��� 6. Valverde CenstrucCaon A276469 c-sGC%VE; If you have any quest ons or need more 'nformation pease do not hesitate to contact me. Sincerely, !alike Brown I Project Manager A4 ky's l Dee 2:3 02 04:45p HEMS RSPHRLT CC 714 918 5270 P- 1 22C0 S. Ya'e Street Santa Ana, Ca. 927TA To: LarryTaite From: Mike Brown Fax: 7{4-374-1573 Pages; 1 phone:714-535-5590 Cate: 12t232002. Re: Licenses for listed subs CC: WamerAvenue Renabifitaton CC 1149 0 Urgent x Far Ravlew ❑ Please Caenment ❑ Please Reply 0 Please Recycle Be!ow are the =nhctcr ri enses for Our Wed subcort2.-mrs: 1. Pavement Recyc ir;g A569352 2. Ramirez Constructon A683241 3.EBS, Inc. A720016 4. Calhrr. a Praiessional Engineeing C-10 793907 5. Orar:ge County Slrfpirg C-32 346095 6. Valverde Ccnstruction A278469 If you have any quee.cns or need more informa:bn please do nct hesitate to contac,, me. Sincerefy, A4183v-vin Project Manage . l Dec 23 0204:45p BEMs nsPHALT CO 714 916 5270 P-1 2200 S. Yale Stree: Santa Ana. Ca. 927D4 Im To: LarryTaite Fran,: Mike Brown Fax: 714-374-1573 Pages: 1 Phone: 714-5W-5590 Date: 12123/2002 . Re: Licenses for listed subs CC: Warner Avenue Rehabilitation CC 1149 ❑ Urgent x For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Be'ow are the contractcr licenses for our 6s'ed subcontractors: i. Pavement Recycling A569352 2. Ramirez Construction A683241 3.EBS, Inc. A720016 4. Ca!ifornia Prafess'sonal Engineering C-10 7939C7 5. Orange Ccunty Striping C-32 346095 6. Valverde Constructior. A276469 If you have any questions or need more informaJon please do no: hesitate to contact me. Sincerely, .ke Brown Project Manager I 1� D WARNER AVENUE, CC-1149 8, NEWLAND STREET, CC-1157 REHABILITATION BID SUMMARY TOTALS BID OPENING: DECEMBER 17, 2002 @ 2.00 PM Date- December 24. 2002 PROJECT CONTRACTOR No. 1 Ben's Asphalt No.2 All American Asphalt No. 3 RJ Noble Company No. 4 Silvia Construction No. 5 Sequel Sequel No. 6 Palp I Excel Paving No. 7 Elite Bobcat Service Warner Avenue CC-1149 $1 453 902.20 $1,543 986.79 $1162__ 4s505562 $1,607,273.86 31,673,393.50 $1 717 782.50 $1�754 109. Newland Street, CC-1157 $331 728.10 335 892.21 $344 276.82 5387 473.40 $365 388.50 $346,481.80 $370 071.91 TOTAL-1 $1,785,630.30 $1,879,879.00 $1,968,782.44 $1.994.747.26 $2, 38,782-001 $2,064,264.301 $2,124180.91 Bid Summary CC-1149 S CC-1157 Supplemental sJ City of Huntington Boacb Project Name: Warner Avenue Rehabilitation Public Works Department Bid Openning: December 17, 2002 @ 2:00 PM .LD 2000 Main Street, P.O, Box 190 Engineer's Estimate: s1,55a.e91.5o ' Huntington Beach, CA 92648 Cash Contract # ' 1149 BID SUMMARY Son'a Asphalt, Inc. All American Asphalt RJ Noble Company I Silvia Construction, Inc, Bidder 1 Bidder 2 Bidder 3 Bidder 4 Item Contract Unit Unit Unit Unit I No. Description Quanta Unit Price Amount Price Amount Price Amount Price Amount 1 2 3 4 5 _6 7w 8_ _ 9 10� 11 12 13 14 15 16 V 18 _19 20 21 iF 23 24 25 Mobilization 1 LS $0.00 S0.00 $35.000.00 $35.000.00 $35.000.00 S35,D00.00 $37,000.00 $37,000.00 Traffic Control Plan 1 LS $1 T000.00 $tt.000.00 $11,000.00 $11,000.00 s11,o00.00 $11,000.00 $17.000.00 $17.000.00 _ Furnish Project Traffic Control _ 1 LS S29,000.00 $29.000.00 $62,457.39 $62.457.39 $68,004.70 $35.000.00 $35.000.00 $32.000.00 $32.000.00 _ _ _ Cold Milling & Header Cutting 219370 SF $0.32 $70.198.40 $0.31 $0.23 $50.456.10 $0.11 $24.130.70 Unclassified Excavation _4706 27258 1173 48 CY $13.00 $61,178.00 $33.00 Si55,298.00 530.40 $143.062.40 $18.40 $86,590.40 _ Construct Asphalt Concrete (Overlay, Full Depth, etc.) Pavement Reinforcement Fabric S Route and Seal of Cracks TN $37.60 $1.024.900.60 S37.00 $1,008,546.00 $40.50 $1.103.949,00 $41.70 $1,136.658.60 SY $2.20 $2.580.60 $0.90 $1,055.70 $12.80 $15.014.40 $13.80 $16,187A0 Adjust Sewer/Storm Drain Manhole to Grade Adjust Water/Gas/Monitoring Valve to Grade $450.00 $21,600.00 S230.00 $11,040.00 $330.00 $15.840,00 $464.00 $22.272,00 $52.398.00 123 $410.00 $50.430.00 $200,00 $24,600.00 $303.00 $37,26+9.00 $426.00 Adjust Survey Well Monument Cover to Finish Grade 1 S410.00 $410.00 $200.00 $200.00 $26i0.00 $2W.00 $4.100.00 $426.00 S10,0W.00 $426.00 Survey Monumentation 1 181 LS S8,500.00 $8,500.00 $3,000.00 $3,000.00 $4.100.00 $10,000.00 Traffic loop $170.00 S30,770.00 $200.00 S36,200.00 $184.00 S33,304.00 $197.00 535,657.00 Traffic Striping 1 LS $35.000.00 $35,000.00 $38.000.00 $38,000.00 $41.000.00 $41.000.00 $40,500.00 $40.500.00 Remove & Reconstruct Curb and Gutter _251 2957W LF s5t.00 $Q.W1.00 $32.00 $8.032.00 $32.00 $8,032.00 $21.30 $5.346.30 Remove 8 Reconstruct Sidewalk SF $6.20 $18,333.40 $4.00 $11.828.00 $3.96 $11.709.72 $3.78 $11.177.46 Remove & Reconstruct Access Ramp 3 $1.550.00 $4,650.00 $1,300.00 $3,900.00 $1.870.00 S5,610.00 s1,500.00 S4.5W.00 Construct Curb Drain Inlet Structure 1 $2,550.00 $2.550.00 $825.00 $825.00 $900.00 $900,00 $2.930.OD $2.930.00 Construct 12' Water Main 8 Appurtenances, Pressure Test and Disinfect per Water Main Construction Plan, Sheet 1 of 1 -- - - 1 LS $70.000.00 $70.000.00 $65.000.00 $65.000.00 $73,000.00 $73,000.00 S72,500.00 $72,500.00 0 0 0 $0.00 $0.00 $0.00 $0.00 So.00 so.00 $0.00 $0.00 0 0 0 $0.00 $0.00 $0.00 So.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 0 0 0 So.DD $0.00 $0.00 $0,00 $0.00 $0.00 0 0 0 $0.00 So.oO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 0 $0.00 $0.00 SD.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 so.00 $0.00 $0.00 0 0 0 S0.00 S0.00 SO-001 $0.00 $0.00 $0.00 SO-001 $0.00 $1.607.273.86 Total Bid: $1.453.902.20 $1.543.986.79 51,624.505,62 Page 1 �J J City of Huntington Beach Project Name: Warner Avenue Rehabilitation Public Works Department Bid Openning: December 17, 2002 @ 2:00 PM • 2000 Main Street, P.O. Box 190 Engineer's Estimate: s1,s58.89tm Huntington Beach, CA 92648 Cash Contract # • 1149 BID SUMMARY No. Description Quantiti 1 2 Mobilization Traffic Control Plan 1 1 3 Furnish Project Traffic Control _ _ i 219370 4 5 Cold Milling 8 Header Cutting _ _ tlnciassi led Excavation 4706 6� 7 8 9 10 Construct Asphalt Concrete overlay, Full Depth, etc.) _ 27258 1173- 48 Pavement Reinforcement Fabric & Route and Seal of Cracks Adjust Sewer/Storm Drain Manhole to Grade Adjust Water/Gas/Monitoring Valve to Grade Adjust Survey Well Monument Cover to Finish Grade 123 1 11 12 _ Survey Monumentation _ 1 --181 traffic Loop- 13 Traffic Striping 1 14 Remove & Reconstruct Curb and Gutter 251 T15 1 C 17 Remove 8 Reconstruct Sidewalk _ 2957 Remove & Reconstruct Access Ramp 3 Construct Curb Drain Inlet Structure 1 18 Construct 12- Water Main $ Appurtenances, Pressure Test and Disinfect per Water Main Construction Plan, Sheet 1 of 1 1 19 20 0 _ 0 0 1 0� 21 _22_ 23 0 0 a 0 0 0 24 25T 0 0 0 0 Unit U L; L5 SF C) TIN S7 EA F-A EA U EA L: LF SF EA FA U Total Bid: Sequel Contractors, Inc. Bidder Unit j Price I Amount Palp, Inc. I Excel Paving Co. Bidder 6 Unit Price Amount Elite Bobcat Service, Inc. Bidder 7 Unit Price Amount Company 8 Bidder 8 Unit Price Amount $8.700.00 $8.700.00 $100.000.00 $100,000.00 $5,000.00 S35,DDO.00 $35,000.00 $0.00 $0.00 $9.000.00 $9,000.00 $5.000.00 $11,000.00 $11.000.00 $0.00 SO.00 $34,000.00 S34,DDO.00 S56,000.00 $56.000.00 $80,000.00 580,000.00 $0.00 $0.00 $0.15 $32.905.50 $0.25 $54.842.50 $0.33 $72.392.10 $0.00 $0.00 $35.00 $164,710.00 $24.00 $112,944.00 $36.00 $169,416.00 $0.00 SO.00 $43.00 S1.172.094.00 $41.00 $1.117.578.00 S41.00 $1.117,575,00 $0.00 $0.00 $2.00 $2.346.00 $2.00 $2,346.00 $2.55 $2,991.15 SO.00 $0.00 $400.00 $19=00 $500.00 S24,000.DO S410.00 $19,680.00 $0.00 $0.00 $400.00 $49,2DO.00 $400.00 S49,2DO.00 $350.00 $43,050.00 $0.00 $0.00 SS00.00 s500.00 $400.00 $400.00 $400.00 $400.DO $0.00 $0.00 $5,000.W S5=00 SL'=Go S190.00 SG.C.W.0.3 S1a,500.00 $18,500.00 SO.W SO.W $190.00 $34.39o.00 $34,390.00 $185.00 $33.485.00 $0.00 S0.0o $40.000.00 $40,000.00 $39,000.00 $3900.00 S38,4DO.00 $38,000.00 $0.00 $0.00 $20.00 $5.020.00 $33.00 58,283.00 $34.50 s8.B59.5o $0.00 $0.00 $4.00 $11.828.00 $7.00 $20,699.00 S4.25 $12.56715 $0.00 $0.00 $1.500.00 $4,5W.00 $1,300.00 $3.900.00 S1,375.00 S4,125.00 $0.00 $0.00 $5.000.00 SS,DDO.00 s2.2DO.00 $2.200.00 $2.265.00 $2,265.00 $0.00 $0.00 $75,WO.00 S75,0DO.00 s81.D00A0 $81.000.00 S85,D00.D0 S85,000.00 $0.00 So -Do $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.00 $0.00 $0.00 $0.00 SO.00 $0.00 $0.00 $0.00 $0.00 SD.00 $0.00 $0.00 $0.00 SO.00 $0.00 $0.00 SO.00 $0.00 SO.OD $0.00 $0.00 SO.00 $0.00 SO.DO $0.00 $0.00 $0.00 $0.00 $0.00 $o.00 � 60.00 $0.00 $O.DD $0-w SO.W $0.00 SO.W SO.00 S0.00 se.00 $0.00 $0A0 S0.00 SO.00 Saw SO.00 tO.DD $0.00 $Q00 $1,673.393,60 $1,717,782.50 $1.154,109.00 S0.00 Page 2 1) 3 •j, City of Huntington Beach Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 ENGINEER'S Project Name: Warner Avenue Rehabilitation Casi7 Contract # : 1149 ESTIMATE Item No. Description Contract Quantity Unit Unit Price Amount 1 2 Mobilization 1 LS $26,700.00 - $26.700.00 Traffic Control Plan _ 1 LS $15,000.00 $15,000.00 3 Furnish Project Traffic Control 1 LS SF $26,100.00 $26,100.00 4 5 6 7� Cold Milling & Header Cutting _ 219370 4706 27258 $0.25 $54,842.50 Unclassified Excavation CY $25.00 $117.&W.00 Construct Asphalt_ Concrete (Overlay, Full Depth, etc.) Pavement Reinforcement Fabric & Route and Seal of Cracks TN SY S40.Do $1.090.320.00 1173 $13.00 $15.249.00 $ Adjust Sewer/Storm Drain Manhole to Grade 48 EA $280.00 $13.440.00 9 Adjust Water/GaOvionitoring Valve to Grade 123 EA $282.00 $34,686.00 10 Ad ust Survey Welt Monument Cover to Finish Grade 1 EA $275.00 $275.00 11 Survey Monumentation 1 LS $4,6W.00 $4,600.00 12 13 Traffic Loop Traffic Striping Remove & Reconstruct Curb and Gutter 181 EA $200.00 S36=.00 $33,8W.00 1 LS _ $33.800.00 14 LF $30.00 $7.530.00 15 Remove & Reconstruct Sidewalk _251 2957 SF $7.00 $20,699.00 16 17 l8 Remove & Reconstruct Access Ramp 3 EA $1.000.00 $3.000.00 _ Construct Curb Drain Inlet Structure 1 EA $2.8W,00 $2.800.00 Construct 120 Water Main & Appurtenances, Pressure Test and Disinfect per Water Main Construction Plan, Sheet 1 of 1 1 LS $56.000.00 $56,000.00 _19 20 21 22 23 24 25 Engineer's Estimate (subtotal): Retainer (101% of Engineer's Estimate): Miscellaneous construction costs (if applicable): Engineees. Estimate Total: s1,55a.891.50 $155,889.15 s1,71a.7eo.s5 Page 1 WARNER AVENUE, CC-1149 & NEWLAND STREET, CC-1157 REHABILITATION BID SUMMARY TOTALS BID OPENING: DECEMBER 17, 2002 @ 2:00 PM Date- December 24. 2002 PROJECT CONTRACTOR No. 1 Ben's Asphalt No.2 All American As alt No. 3 RJ Noble Company No. 4 Silvia Construction No. 5 Sequel Contractors No. 6 Palp 1 Excel Paying No. 7 Elite Bobcat Service Warner Avenue CC-1149 $1,453,902.20 $1,543,986.79 $1,624,505.62 $1,fi07�273.86 $13673L393.50 $1,717,782.50 $1,754=109. Newland Street CCA 157 $331 728.10 $335.892.21 $344.276.82 $387 473.40 $365 388.50 1346,481.80 $370.071.91 'TOTAL: $1,785,630.30 $1,879,879.00 $1,96$,782.44 $1,994,747.26 $2,038,782.00 $2,064,264.30 $2.124,180,91 Did Summary CC-1149 & CG-1157 Supplemental •J J City of Huntington Beach • Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 BID SUMMARY No. Descri tion 1 Mobilization 2 Traffic Control Plan 3 Fumish Project Traffic Control 4 Cold Milling & Header Cutting 5 Unclassified Excavation 6 Construct Asphalt Concrete (Overlay, Full Depth, etc.) _7 Pavement Reinforcement Fabric & Route and Seal of Cracks 8 Adjust Sewer/Storm Drain Manhole to Grade 9 Adjust Water/GasiNwitoring Valve to Grade__ 10 Adjust Survey Well Monument Cover to Finish Grade 11 SurvAy Mrxlumentation _12_ Traffic Loop 13 Traffic Striping 14 Remove & Reconstruct Curb and Gutter 15 Remove & Reconstruct Sidewalk 16 Remove & Reconstnxt Access Ramp '17 0 18 0 1.9 0 20 0 )it 0 22 0 23 0 24 0 25 0 Project Name: Newiand Street Rehabilitation Bid Openning: December 17, 2002 @ 2:00 PM Engineer's Estimate: s32o.w.25 Cash Contract # : 1157 Bidder i ..ontract Quantity Unit Unit Price Amount 1 LS $10,0D0.00 $10.000.00 1 LS $5.000.00 $5,000.00 1 LS S 11.000.00 $11,000.00 24437 SF $0.40 $9.774.80 CY TN SY $14.00 $25.368.00 _1812 SUM $197.752.00 _5204 293 $5.50 $1,611.50 18 EA $440.00 $7.920.00 13 EA $400.00 $5,200.00 i EA $4.010.00 $4,010.00 _ 1 10 Lu S20,01XI.00 S20.0w-w EA $170.00 $1.700.00 1 LS S8,300.00 $8,300.00 LF $51.00 $2,193.00 _43 906 SF $4.80 $4,348.80 13 EA $1,350.00 S17,5W.00 0 0 so.00 SD.Oo 0 0 $0.00 $0.00 o 0 SO.00 0 0 -SO.00 SO.DO $0.00 0 0 $0.00 s0.00 -0 $0.00 $0.00 0 $0.00 $0.00 0 0 $0.00 $0.00 0 0 $0.00 $0.00 Total Bid: $331,728.10 American Asphalt Bidder 2 Unit Price Amount $11.000.00 $11.000.00 $5.000.00 S5,000.00 $18.000.Do $18,000.00 $0.23 $5.620.51 $38.00 $68.856.00 $35.00 $182,140.DO $0.90 $263.70 $230.00 $4,140.00 s200.00 $2,6W.00 $200.00 $200.00 iluuUM $3,0D0.00 $200.00 $2,000.00 S 11,DOQ.DO $11.0DO.D0 $36.00 $1,548.00 S4.D0 $3.624.00 S1,300.00 $16.900.00 $0.00 $0.00 50.00 S0.00 $0.00 to -Do $0.00 SO.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.00 $0.00 $0.00 SO.00 $335,892.2 t RJ Noble Company Bidder Unit l Price $10,000.00 s5.000.00 $13,OD0.DD $0.36 $20.70 $41.50 $8.90 $330.00 s303.00 $260.00 $3.100.00 $184.00 $11.400.00 $53.00 S4.90 $1.400.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.00 $0.00 $0.00 SO.00 $10.000.00 $5,000.00 $13,000.00 i8,797.32 $37,508.40 215,966.00 $2.607.70 $B,940.00 $3.939.00 _IL62-00 $3.100.00 _S1.840.00 $11,400.00 $18,200.00 � sD.Do 1 so.00 SO 00 SO-00 �-s-a�.00 1 $O.DO so.00 SO.DO 1 $0.00 Unit Price $11,400.00 $7,000.00 S 15,600.00 $0.20 S34.90 $42.40 S 18.60 $464.00 $425.00 $426.00 $7.000.00 $238.00 $11.500.00 $100.00 $5.30 $1,150,00 SO.00 $0.00 S0.00 $0.56 $0.00 $0.00 SO.00 $0.00 SO.00 in, Inc. Bidder 4 Amount $11.400,00 57,0W.00 $15.600.00 $4,887AO 1 54,801.80 $14,950.00 $0.00 $0.00 $0.00 $0.00 $0.00 s0.00 S0.D0 $0.00 S387,473.40 Page 1 or •J J City of Huntington Beach • Public Works Department 2000 Main Street, P.O. Box 190 L9 Huntington Beach, CA 92648 BID SUMMARY Item No. Descri tion Contract Quantity Unit 1 Mobilization 1 LS 2 r3 Traffic Control Plan 1 LS Furnish Project Traffic Control 1 LS _4 5 Cold Milling & Header Cutting 24437 SF Unclassified Excavation 1812 CY _6 7- Construct Asphalt Concrete (Overlay, Full Depth, etc.) 5204 TN SY Pavement Reinforcement Fabric & Route and Seal of Cracks 293 8 Adjust Sewer/Storm Drain Manhole to Grade 18 EA EA Adjust WaterlGas%ionitoring Valve to Grade 13 _9_ 10 Adjust Survey Well Monument Cover to Finish Grade 1 FA 11 12 13 14 Survey Monumentation Traffic Loop 1 LS 10 EA _ Traffic Striping 1 LS Remove & Reconstruct Curb and Gutter 43 LF SF 15 _ Remove & Reconstruct Sidewalk 906 16 Remove & Reconstruct Access Ramp 13 EA 17 0 0 0 18 0 0 C 19 20 n 21 0 0 0 0 0 0 0 0 0 _22 23_ 0 0 0 0 0 0 24 0 0 fl 25 10 0 0 Total Bid: Project Name: Newland Street Rehabilitation Bid Openning: December 17, 2002 @ 2:00 PM Engineers Estimate: wo.591.25 Cash Contract # : 1157 Sequel Contractors, Inc. Bidder Unit Price Amount $3,000.00 $3.000.00 $5,000.00 $5,000.00 So-so $12.218.50 $35.00 $63,420.00 $43.00 $223,772.00 $3.00 $879.00 $400.00 $7,200.00 $400.00 $5,200.00 $500.00 $5W.00 S4,0W.00 S4.0W.v0 $3W.00 $3.000.00 $8,000.00 S8,DDO.00 $25.00 $1.075.00 S4.00 $3,624.00 $1,500.00 $19,5DO.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 So -Do $0.00 SO.DO $0.00 $0.00 $0.00 $0.00 $0.00 SOM 50.00 $365,388.50 Inc.I Excel Paving Co. Bidder 6 Unit Price Amount S9,ODO.00 $9,000.00 $3.000.001 $3,000.00 $7,000.00 $7.000.00 $0.40 $9.774.80 $22.00 $39.864.00 $43.00 5223,772.00 $3.00 $879.00 S400.00 $7.200.00 $400.00 $5,200.00 $400.00 $400.00 S3,000.00 $3,000.00 $200.00 $2,000.00 S10,00O.Do $10,000.00 $50.00 $2.150.00 $7.00 $6.342.00 $1,3W.00 $16,9DO.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 So -Do $0.00 So -Do $0.00 SOLD $0.00 $0.00 $0.00 SO.00 S0.00 $0 00 SO.00 5346,481.80 e Bobcat Service, Inc. Bidder 7 Unit Price Amount S 10,DDO.00 $10.0m.00 $5.0m.00 65,C00.00 $15,500.00 ^$0.43 $15,500.00 $10,607_91 $65.232.00 $36.00 $40.00 $208.160.00 $4.00 $1,172.00 S400.00 $7.200.00 $350.00 $4,5W.00 $400.00 S400.00 $7,000.00 97 0000 $2,250.00 $225.00 $11,D00.00 St1.D00.00 $46.50 $ t,999.50 $4.25 $3,850.50 $1.250.00 $16,250.00 $0.00 $0.00 SO.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5370,1071.91 r � Page 2 ; t npany 8 Unit Price $0.00 SO.00 $0.00 $0.00 SO.DO $0.00 $0.00 SO.DO $0.00 $0.00 $0.00 So -Do SOM $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Bidder 8 count $0.00 $0.00 S0.00 $0.o0 So -Do $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 3 3 •j, City of Huntington Beach Public Works Department • 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 ENGINEER'S Project Name: Newtand Street Rehabilitation Cash Contract # : 1157 ESTIMATE Item No. Descri tion Contract Quanti Unit Unit Price Amount 1 Mobilization 1 LS $5.700.00 $5.700.00 _2 3 Traffic Control Plan 1 LS $3,800.00 S3.8W.00 Furnish Project traffic Control 1 LS SF CY TN S6,500.00 $6.500.00 4 Cold Milling & Header Gutting 24437 $0.25 $6,109.25 _5 67 Unclassified_ Excavation Construct Asphalt Concrete (Overlay, Full Depth, etc.) Pavement Reinforcement Fabric & Route and Seal of Cracks $25.00 $45,300.00 _1812 5204 $40.00 $208.160.00 7 293 SY S13.00 $3.809.00 8 Adjust Sewer/Storm Drain Manhole to Grade 18 EA EA S280.00 $5.040.00 9 Adjust Water/Gas/Monitoring Valve to Grade 13 $282.00 $3,666.00 10 Adjust Survey Well Monument Cover to Finish Grade 1 EA S275.00 $275.00 $1,2W.00 11 Survey Monumentation 1 10 1 LS $1.200.00 12 13 Traffic Loop Traffic Striping Remove & Reconstruct Curb and Gutter EA $200.00 $2.000.00 LS $9.400.00 $8,40U.00 14 43 LF SF $30.00 $1.2W.00 15 16 17 18 Remove & Reconstruct Sidewatk 906 $7.00 $6,342.00 Remove & Reconstruct Access Ramp 13 EA $1,000.00 S13,000.00 19 20 21 22 23 24 25 Engineers Estimate (subtotal): Retainer (10% of Engineer's Estimate): Miscellaneous construction costs (if applicable): Engineer's Estimate Total: $320.591.25 $32,059.13 $352.650.38 Page 1 LM 1 11 �9 CC— ► y BID DATE: I Z - 17- 0a TME Engineer's Estimate: $ ZOf BID LIST LIST Auua rn, - P.�t.!i 61 BIDAER'SNAME RJX TOTAL BID"OL/NT $ r� B¢ ' A5phaI n� • 4f*.� 1 910� 00. 30 3. E 85 Inc. f' /go, Al it —� $ 2 o�4, z64. 30 s. P.S. Noblvlo- 3 j q6 g 7g�. � &Autl Ca�trru � S $ ., _�.- IL .7. . L. 4 1 , , '.. I - , I - --�- $ s. s 9. $ 10. $ is. a ia. a is. a giaecr may app such request whey it is comp with the AGENCY'S payment procedure. Each month, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall] be considered until such approval is obtained For the purpose of making partial payments, the amounts set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of said contract item of work which will be recognized for progress payment purposes: a) Mobilization Warner .....................S35,000 Newland ...................$10,000 b) Traffic Control Plan Warner ..................... $11,000 Newland ................... $ 5,000 AfL-r acceptance of the contract pursuant to Subsection 6-8, "Completion and Acceptance," of the Greenbook, the amount, if any, payable for a contract item of work in excess of the max mum value for progress payment purposes hereinabove listed for said item, will be included in the first payment after filing of a Notice of Completion. [Add the following to the end of the section:]. Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as -built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon, the AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by the AGENCY. !f S xng�neer may appr.,., such request when it is compatit,.iwith the AGENCY'S payment procedure. Each mouth, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. For the purpose of making partial payments, the amounts set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of said contract item of work which will be recognized for progress payment purposes: a) Mobilization Warner .....................$35,000 Newland. ..................$ I0,000 b) Traffic Control Plan Warner .....................S11,000 Newland ................... S5,000 After acceptance of the contract pursuant to Subsection 6-8, "Completion and Acceptance," of the Greenbook, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes hereinabove listed for said item, will be included in the fast payment after filing of a Notice of Completion. [Adel the following to the end of the section:]. Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as -built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon, the AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by the AGENCY. ��.l :.y�' �.�y-�cF :�.ti .. _ ,,•r.: .���'-'.1,. - - �{.ti� -.3' �/} .fir -• - ,�.r,:.�, : •-. - .per ;ti.: "'•-�. a: . 11 ..._ n.c.. - .. r _ _ •��ti• +.SL.,�'r .r�wK.- ..r.. a ..a1i•rM-J. ....a'4.dr..:.�`_�.+ �'t ....!-.. � .;-.' .. -�.G x.�.'-,w.. ._ ... � .a R".�'`� ,.h . - M � CITY OF HUNTINGTON BE`A-CH 2000 Main Street P.O.Box 190 Robert F. Beardsley, P.E. Director February 10, 2003 John W. Skeffington Ben's Asphalt, Inc. 2200 S. Yale Street Sonta Ana, CA 92856 Dear Mr. Skeffington: Subject: Warner Avenue Street Improvements- CC# 1149 From Springdale Street to Beach Boulevard Newland Street Improvements- CC# 1157 From Hamilton Avenue to Atlanta Avenue California 92648 Department of Public Works (714) 536-5431 You have received the original Public Works contract for the above street improvements of Warner Avenue and Newland Avenue. As you may already know, your bid submittal was reviewed and approved at our Council meeting of February 3, 2003. Please have the appropriate individual(s) sign the contract and return the document to me at the above address along with the required documents listed below: 1. Certification of Insurance: (Note: the certificate must include an endorsement naming the City, its agents, officers and employees as additionally Insured, and the cancellation clause must be modified.) Please have your insurance agent follow the enclosed insurance requirements. 2. Performance Bond: 100`k of the contract price ("Important Note" This bond should also include specific wording guaranteeing the work for a period of one year after the City's acceptance thereof. See contract, page 6). 3. Labor/Material Bond: 1 DO% of the contract price. If you have any questions or concerns regarding the contract or other required documents, please feel free to contact me at (714) 636-5432. A. Martinez action Division RAM:jm c: Eric R. Charlonne, Contract Administrator CC File 11149 & 1157, "General Correspondence" 0:1Constr. Contracts%CC11491Correspl Contract Bonds Letter / "ITY OF HUNTINGTON 13EAC� nW t ; Ta"I J MEETING DATE: February 3, 2003 DEPARTMENT ID NUMBER: PW 03-004 Council/Agency Meeting Held: y 43 Deferred/Continued to: Approved 0 Conditionally Approved 0 Denied City Clerk's Signa e Council Meeting Date: February 3, 2003 Department ID Number: PW 03-004 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS "' SUBMITTED BY: RAY SILVER, City Administratorei✓ f REPARED BY: OBERT F. BEARDSLEY, Director of Public Work SUBJECT: Award Construction Contract for the Warner Avenue, CC-1149 & Newland Street, CC-1157 Rehabilitation Improvements. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis. Environmental Status. Attachment(,) Statement of Issue: On July 1, 2002, City Council authorized the advert' ment or bids for the Warner Avenue and Newland Street Rehabilitation Improvements, C-1149 1& CC-1157, respectively. On December 17, 2002, staff received bids and requests that Ci y Council award the contract to lien's Asphalt, Inc. Funding Source: Sufficient project funds have been budgeted in the OCTA Grant fund, Warner/Newland Street Rehabilitation Improvements Account No. 87390001.82300. Recommended Action: 1. Accept the lowest responsive and responsible bid submitted b Ben's Asphalt Inc., in the amount of $1,785,630.30 for Warner Avenue and Newian ehabititation Improvements, CC-1149 & CC-1157, respectively; 2. Au`.horize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. 03-004 Taste (Award Const Contract CC-1149 & 1157) x 1I15=03 4:56 PM 1 Q REQUEST FOR ACTION �-" MEETING DATE: February 3, 2003 DEPARTMENT ID NUMBER: PW 03-004 Alternative Action(s)- Reject all bids and direct staff to re -advertise or abandon the project. Abandonment of the project would result in the loss of $472,090 in grants funds. Analysis: In 2000, the Public Works Department applied for funding under the Orange County Transportation Authority (OCTA) Arterial Highway Rehabilitation Program for various street rehabilitation projects. The City was awarded a total of fourteen street rehabilitation projects over three fiscal years, including Warner Avenue, CC-1149 (Springdale Street to Beach Boulevard) and Newland Street, CC-1157 (Hamilton Avenue to Atlanta Avenue). The following table reflects the funding breakdown of awarded federal dollars and City matching funds required for this project: Street Proiect # Limits Warner CC1149 Springdale to Beach Newland CC1157 Hamilton to Atlanta Total Project Cost: Award City Match (Gas Tax) $400,000 $1,053,902 7$ 2,090 $ 259,638 $472,090 $1,313,540 Rehabilitation of the roadways generally includes pavement crack sealing, grinding, selective pavement reconstruction and asphalt overlay. This project also includes placing new signing/striping, new traffic detection loops, construction of a 12" water main and adjustments of existing water valves, manholes and similar appurtenances to the new wearing surface. Pavement rehabilitation work of this nature will increase the life of the arterial streets by approximately 10 years. Bidding Contractor Bid Amount 1. Ben's Asphalt, Inc. $1,785,630.30 2. All American Asphalt $1,879,879.00 3. RJ Noble Company $1,968.782.44 4. Silvia Construction $1,994,747.26 5. Sequel Contractors $2,038,782.00 6. Patp ! Excel Paving $2,064,264.30 7. Elite Bobcat Service $2,124,180.91 The reference check for Ben's Asphalt, Inc. provided acceptable responses from past clients. Therefore, staff recommends that the City Council accept the bid from Ben's Asphalt, Inc., the lowest responsive and responsible bidder. Public Works Commission Approval: The Public Works Commission recommended that City Council authorize the Director of Public Works to advertise the project for bids on June 19, 2002, by a vote of 6-0-1 (Commissioner George Mason was absent). 03-004 Taite (Award Const Contract CC-1149 & 1157).doc -;- 1117/2003 10:44 AM a REQUEST FOR ACTION �.W MEETING DATE: February 3, 2003 DEPARTMENT ID NUMBER: PW 03-004 Environmental Status: These projects are categorically exempt pursuant to the California Environmental Quality Act, Sect;on 15301 (C). Attachment(s): RCA Author. LT:jm 03-004 Taite (Award Const Contract CC-1149 & 1157) ,4 1/15/2003 4:56 PM 3 ATTACHMENT #1 11 (BoLs,A AVE.MCFADEN 414, N EDING R Li AVE. U = HEIL vvi V) AVE.� U' J ARNER AVE. SLATER ¢ o c� ¢ AVE. 0 ALBER w SAVE. � w ELLIS AVE. �O GARFIELD AVE. WARNER AVENUE LOCATION MAP • N.T.S. NOT TO SCALE cr- INDIANAPOLIS AVE. -F o �, z j Q � ATLAN TA¢ = AVE. in U W d D w z HAMILTON AVE. m co BANNING AVE. Y N EWLAN D STREET LOCATION MAP N.T.S. NOT TO SCALE V �1 ATTACHRRENT #2 Xw SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR ARTERIAL HIGHWAY REHABILITATION FOR VARIOUS CITY STREETS TABLE OF CONTTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DANIAGESlDELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAaIS 10 17. WAIVER OF CLAIMS I 1 18. INDENLW- ICATION, DEFENSE, HOLD HARMLESS t 1 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL LEISURED ENDORSEMENTS 13 22. DEFAULT & TERMINATION 14 23. TERMINATION FOR CONVENIENCE 15 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 25. NON -ASSIGNABILITY 15 26. CITY EMPLOYEES AND OFFICIALS 15 27. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 28. NOTICES 16 29. SECTION HEADINGS 16 30. INMIGRATION 16 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 32. ATTORNEY'S FEES 17 1 v FEDERALLY FUNDED CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 33. INTERPRETATION OF THIS AGREEMENT 17 34. GOVERNING LAW 18 35. DUPLICATE ORIGINAL 18 36. CONSENT 18 37. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 18 38. CALIFORNIA PREVAILING WAGE LAW 18 39. CALIFORNIA EIGHT -HOUR LAW 19 40. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 41. EMPLOYMENT OF APPRENTICES 20 42. PAYROLL RECORDS 20 43. FEDERAL PARTICIPATION 21 44. DAVIS-BACON ACT 21 45. DISCRIMINATION, MINORITIES, ALIENS 21 46. EQUAL EMPLOYMENT OPPORTUNITY 21 47. COPELAND "ANTI -KICKBACK" ACT 22 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 49. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 50. ENERGY CONSERVATION 24 51. HOUSING AND URBAN DEVELOPMENT 24 52. ENTIRETY 24 2 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTNGTON BEACH AND FOR ARTERIAL HIGHWAY REHABILITATION FOR VARIOUS CITY STREETS THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as arterial highway rehabilitaiton for the following streets in the City of Huntington Beach; and 1. Warner Avenue Rehabilitation Improvements Project CC No. 1149 (Beach Boulevard to Springdale Street). 2. Newland Street Rehabilitation Improvements Project No. 1157 (Hamilton Avenue to Atlanta Avenue), 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 complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, 02agreearterial hwy11/9102 1 SAMPLE services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the ' nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be home by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 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 defined below in this Section), 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 thorough 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 the 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; 02agrWancrial hwy/1/9/02 2 SAMPLE 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, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Morks Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a 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"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. 02armJarerial hwy/V9102 3 SAMPLE V 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 the 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 the Notice To Proceed is .issued and diligently prosecute the PROJECT to completion within (__) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. S. 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. 02agree/arterial hwy/l/9/02 4 SAMPLE i. V 4001 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 DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to th,-- changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, 02ag-edar c6al hwyl1/9,'02 5 SAMPLE relief to' CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice •.. of Completion. 9. WARRANTIES 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 CONTR.ACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state 022gmdanerial hwy/l/4/02 6 SAMPLE disability insurance compensation, unemployment compensation and other payroll deductions for CON -TRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGESIDELAYS 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 (S_ ) per day for each and every working day's delay in completing the work in excess of the number of workin4�calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and 02agncdarerial hwyll.^9/02 7 SAMPLE 09 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 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 by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days 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 materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. . Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job -site, of an unusual nature, differing materially from those ordinarily encountered and generally 62agmdanedal hwy/119.ro2 8 SAMPLE MA recognized as inherent to work of the character to be performed under this Agreement. 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. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor maybe extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in constrruction 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variaticn 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, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 02agm/an6al hay/1/9102 9 SAMPLE 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (I0%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all • previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, 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 in its sole discretion by DPW, less all . previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty -rive (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 DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement 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 at the sole cost 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. 023grWawial hwy/l/9102 10 SAMPLE 16. AFFIDAVITS OF SATISFACTION OF CLALMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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 CLAMIS 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 harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTF.ACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active 'or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONIRACTOR's counsel. CITY shall be 02agrceiru nal hwyrll9.!02 1 I SAIIPLE reimbursed for all costs and attorneys fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this 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 and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employers liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and 02agr-Jarte6a! hwy/1/9/02 12 SAMPLE V property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars (S 1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR'S insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 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 coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies brill not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of O:ag-wjar erial hwy/119/02 13 SAMPLE V %W) insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged 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 CONTRACTOR 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 022gmWarteriai hwy11/9102 14 SAMPLE 23. TERMINATION FOR CONVENMNCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 %z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 24. DISPOSITION_ OF PLANS, ESTLMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 25. NONASSIGNABILTTY 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. 26. 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 the California Government Code. 02agrec/anereal hwyll/9.'02 15 SAMPLE 27. STOP NOTICES:RECOVERY OF ADMiNISTRATNE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 (2), 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. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 29. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such 02agm-Jamfial h wyn19roz 16 SANIPLE Q provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 30. DAMIGRATION 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 United States Code Section 1324a regarding employment verification. 31. 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. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, in the event suit is brought by either party to construc, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing party. 33. NTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly 02agree/arterial hwylll9102 17 SAMPLE V provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the -' State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more -copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CTTY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 37. CALIFORNIA FAIR EMPLOYMENT AND HOUSFVG ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 02agmJnrterial hwy/l/9/02 18 SAMPLE 38. CALTFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from tke Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 39. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR end each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as 02agree/anerial hwylll9."02 19 SAMPLE M stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars (S25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 40. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 41. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 42. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in 02agm-Jarlerial hwy/M/02 20 SAMPLE L �.01 connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTIACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labcr Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 43. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being. assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 44. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 45. DISCRIMMATION, MINORITIES ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local 62agrcdanedal hwy/i,'9/03 21 SAMPLE V %W% qualified minority individuals when job opportunities occur and utilize local business firms when possible. 46. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 02agrWarteri2t hwyl119102 22 SAMPLE �.01 47. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 er seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard -vorkweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchasz of supplies or materials or articles ordinarily available on the open market or contracts for transportation. o:agcdarwrial hwylll9l02 23 SAMPLE V 49. LMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 50. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 023gmeanuial hwy/1/9/02 24 SAMPLE V t"'O 51. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 52. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, . REST OF PAGE NOT USED 022gredanrrial h*yr119102 25 SAMPLE V and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chairman/PresidentlVice President AND 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 Attorney ,"3 —0 INITIATED AND APPROVED: Director of Public Works 02agreelaterial hwy1119102 26 SAMPLE OR M Warwr -Altiv larid Rehab CC- 11L�q51 - BIDDAT'E: �Z•�7-OJ� TIME 2,Yd -gym Engineer's Estimate: S BID LIST An,og re t. �ecq Add(r BIDDER'SNAAIE RffW TOTAL BID,9bfOUNT '. III Arwi k4.li'-- lJ9711 girl, 2 Bens A5pha 1 In(" 0 ! 910, 630. 3o 3. EUS 1 n�i . Ali{ErbObCAi 7 $ ! h I pio, l 4. �c�f �PAVI-nq 6 $ 2 D(o 30 5. P.s. No lei 'o. 3 $ /I qb 10.�f 6, 614ttlj (0&0 s. a 9. S 10. S 11. S 12. S 13. S ia. a 15. S z MCITY OF HUNTINGTON B.E.AC_1 Yoi: ' IJON 1 li:ll'1 :,!--A f, ■ 6-AC+ , CH 2000 Main Street 1C'j1 „8 P 3: SS: P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockwa To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92C48 Fax (714) 374-1573 Date:. November 8.2002 Project/C.C. No.: C.C. No. 1149 & 1157 Regarding: Wamer Avenue & Newtand Street Rehabilitation I.Torovemerrts ❑ We are sending you: ❑ By Mail ❑ By Fax Mail{Number of pages including this sheet:} ® We are hand delivering: ❑ Attached ❑ under a separate cover via the following Items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other. Notice Inyidna Sealed Bids krm # CoRies P es Descri tan 1 1 2 Notice lnvif i Sealed Bids, CC-1149 & CC-1157 2 3 4 5 These are transmitted as checked below: For approval ❑ Approved as submitted ❑ Resubmit copies for approval Foryour use ❑ Approved as noted D Submlt copies for distribution For your action ❑ Returned for corrections D� Return corrected prints mu ❑ For review/co ment Other. Remarks: On July 1, 2002, the City Council authorized the advertisement of Warner Avenue & Newland Street Rehabilitation Improvements; CC-)149 and CC-1157 respectively. Please find atta.:hed the Notice Inviting Sealed Bids for advertisement on 11/14, 11/21, 11/28 & 12/5. The bid opening is scheduled for 2:00 PM on 12/17. ✓ ✓ Plev.se contact me at extension 5590 with any questions you may have. c: file By: iJ Engineering Assistant GAC■)MMUCnoN Co-.T Ae.'ls(CC5ACC1149\SnMrcrt1om\wAithlrm\wAmnt sreco icAnoK\h75B 11w&%uTALT0 CDtc-CC, 1149DoC FAX FROM: 0 A CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH I P.O. Box 190/2000 Main Street Huntington Beach, CA 92648 Ph. (714) 536 5227 HUNTINGTON BEACH Fax (714) 374-1557 Fax #: 949-646-5008 Date: — -- Number of Pages(including cover a e : By; De u Ci Clerk To: IN ERNET ADDRESS: H.B. independent Mike (Legals) www.surfcity-bb.org Phone: 949-574-4251 *** HB INFOLINE: (ZIV 374-4800 *** 1111 IQ oil ❑1 1111 L EG�4L Pu B LT 3 f4 f J • -- ' •~ ►/ t� �.11�al-a� fo p:Kc rm&197tormsltax-hbindependent NOTICE INVITING SEALED BIDS 1•�Y111��7, for I. WARNER AVENUE STREET IMPROVEMENTS - CC 1149 FROM SPRINGDALE STREET TO BEACH BOULEVARD II. NEWLAND STREET IMPROVEMENTS — CC 1157 FROM HAMILTON AVENUE TO ATLANTA AVENUE f J in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on December 17, 2002. Bids will be publicly open in the Council Chambers unless otherwise posted. A set of Plans, Specifications, and contract documents may be obtained starting November 19, 2002, at City Hall, Department of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $45.00 nonrefundable fee if picked up, or payment of a $50.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Notice Inviting Sealed Bids -City Clerk CC-1149 The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than' 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists primarily of grinding of the existing pavement, removal of failed roadway sections, asphalt paving of failed areas, overlaying the streets with asphalt concrete, limited removal and installation of concrete curb and gutter, adjusting manholes, monuments and valves to grade, installing traffic loops and constructing a 12" water main with blow -off valves. • The contract allows the contractor 80 working days to complete the contract. • The engineer's estimate for the work included in the base bid portion of this contract is $1,879,500 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 1 st day of July 2002. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH 2000 Main Street. (714) 536-5431 Notice Inviting Sealed Bids -City Clerk CC-1149 TP.ANSMISSION VERIFICATIOtl RE+ TIME : 11/08/2002 16:57 DATE,TIME 11/08 16:56 FAX NO. 919496465008 DURATION 00: 00: 59 PAGES? 03 RESULT OF: DIODE STANDARD ECM r CITY OF HUNTINGTON BEACH MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER: PW 02-066 0-7, e — o Council/Agency Meeting Held: 77r-2—p1, Deferred/Continued to: )(Approved ❑ Conditionally Approved ❑ Denied Pef. City Clerk's:gig rfature Council Meeting Date: July 1, 2002 Department ID Number: PW 02-066 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION c C SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS > M fF--7 ; t_., r SUBMITTED BY: RAY SILVER, City Administratorp/1J PREPARED B OBERT F. BEARDSLEY, Director of Public Worksr� SUBJECT: PROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS OF THE ARTERIAL HIGHWAY RErNABILITATION PROGRAM PROJECTS; WARNER AVENUE CC-11491AND NEWLAND STREET CC-1157 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications are now complete for the Arterial Highway Rehabilitation Projects, -Warner Avenue (Springdale to Beach Blvd.) CC1149; and Newland Street (Hamilton to Atlanta) CC1157, and permission to advertise the projects is requested. Fundina Source: A combination of Federal Arterial Highway Rehabilitation Program (AHRP) Grant and Gas Tax Funds will be used. The following breakdown identifies the allocation of funding: Gas Tax $1,348,993 Federal AHRP Grant $472,090 Total Project Funding $1,821,083 Project funds in full amount are budgeted in the OCTA Grant fund, Warner Rehabilitation, Street Improvements Account No. 87390001.82300. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for the Arterial Highway Rehabilitation Projects, CC1149 & CC1157 contingent upon Caltrans approval of the plans, specifications and estimate. E,5 02-066 July 1 Taite (AHRP-Warner & Newland Rehab) -2= 6/17/2002 12:51 PM 1 R'eQUEST FOR COUNCIL ACTION MEETING DATE: July 1, 2002 Alternative Action(s): DEPARTMENT ID NUMBER: PW 02-066 Deny approval of the arterial highway rehabilitation projects and forego the rehabilitation projects and their respective awarded federal funds. Analysis - , In 2000, the Public Wcrks Department applied for funding under the Orange County Transportation Authority's (OCTA) Arterial Highway Rehabilitation Program for various street rehabilitation projects. As a result of the applications, the City was awarded funding for fourteen street rehabilitation projects over three fiscal years. Two streets were awarded funding for Fiscal Year 2001-2002, which are as follows: Street Proiect # 1. Warner CC1149 2. Newland CC1157 Limits Springdale to Beach Hamilton to Atlanta Award City Match $400,000 $1,100,492 $ 72,090 $ 248,501 Rehabilitation of the roadways generally includes pavement crack sealing, grinding, selective pavement reconstruction and asphalt overlay. The project also includes placing new signing/striping, new traffic detection loops, as well as the adjustment of existing water valves, manholes and similar appurtenances to the new wearing surface. Pavement rehabilitation work of this nature will increase the life of the arterial streets by approximately 10 years. The estimated cost of construction is $1,500,492 and $320,591, respectively for a combined total of $1,821,083. As a point of note, the Orange County Sanitation District (OCSD) will be constructing a new sewer trunk line to the west of the Warner project. The City will extend the rehabilitation of Warner Avenue to the west upon completion of the OCSD project. Public. Works Commission: This project will be presented to the Public Works Commission prior to the award of contract and is presently scheduled for the meeting of June 19, 2002. Environmental Status: These projects are Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s): RCA Author. UT:jm 02-066 July 1 Talte (AHRP-Warner & Newland Rehab) .3- 6/1Tl200212:51 PM 02. ATTACHMENT #1 sq� AVE. MCFACT—T'- un EDINGER IJ 0 HEIL z CL Ll ARNER Q CD n wm�= AVE. lfd— AVE. w Q AVE. W SAVE. ci w ELLI S AVE. m ARI=IELD I I AVE. WARNER AVENUE 405 LOCATION- MAP N.T.S. NOT TO SCALE \�Y NEWLAND STREET LOCATION (SAP N.T.S. ry V 0 0 ry m NOT TO SCALE I's ,"t& CITY OF HUNTINGTON BEACH ��- 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 15, 2003 To: Silva Construction, Inc. 9007 Center Avenue Rancho Cucamonga, CA 91730-5311. Enclosed please find your original bid bond issued by Fidelity_and Deposit CoMp Bond No. 08560291. for CC No.1149 and 1157 4�0� 410 Connie Brockway, CIVIC City Clerk Enclosure: Bid Bond g:/followup/cashcont/retumbidbond.doc 1 Tale phone: 714-536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 16, 2003 To: Sequel Contractors. Inc. 13546 Imperial Hwy Santa Fe, CA 90670. CALIFORNIA 92648 Enclosed please find your original bid bond issued by Federal Insurance Company for CC No.1149 and 1157 y r S 1 Connie Brockway, CMC City Clerk Enclosure: Bid Bond g:/followup/cashcont/returnbidbond.doc (Telephone: 714-536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 16, 2003 To: R. J. Nobel Company. 15505 E. Lincoln Avenue Orange, CA 92856. Enclosed please find your original bid bond issued by Travelers Casualty and Surety Company of America for CC No.1149 and 1157 Connie Brockway, CIVIC City Clerk Enclosure: Bid Bond g:/followup/cashcont/returnbidbond.doc (Telephone: 714536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 15, 2003 To: Palp, Inc. DBA Excel Paving Company. 20230 Lemon Avenue Long Beach, CA 90806. CALIFORNIA 92648 Enclosed please find your original bid bond issued by Chubb Group of Insurance Company for CC No.1149 and 1157 f Connie Brockway, CIVIC City Clerk Enclosure: Bid Bond g:/followup/cashcont/retumbidbond.doc (Telephone: 714-536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 15, 2003 To: Elite Bobcat Services. Inc. 1320 E. Sixth Street, Ste#100 Corona, CA 92879-1700. Enclosed please find your original bid bond issued by Great American Insurance Company Bond No. 3419068. for CC No.1149 and 1157 Connie Brockway, CIVIC City Clerk Enclosure: Bid Bond g:/followup/cashcont/retumbidbond.doc (Telephone: 714-536-5227 )