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Home My WebLink AboutBNB Engineering Inc. - 1997-08-18He INTCITY OF HUNTINGTON BEACH ER -DEPARTMENT COMMUNICATION "WTioCTOM BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENT ON PAYME F,,,,CC 1Oy-23 , c SF - DATE: k -2 - -S- The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 1 0% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. AN T. VILLELLA, Director of Finance I certify that no stop notices are on file on the sublest at this time. Date: —� LES JONEkS, Pub 'c Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: /D 14e7z'V-1 *.&- Z. - CONNIE BROCKWAY, y Clerk I certify that there are no outstanding invoices on file. e ,<c CPS C(I !:,,i A Date: 1 q� L.�\X of � 1 M "RII DENRICH, City Treasurer 0011042.01 07/18196 10:46 AM CBIC --- CONTRACTORS BONDING AND INSURANCK COMPANY HAIKPBNANCR BOND BOND NO. CC5705 PREMIUM: INCLUDED IN PERFORMANCE BOND ` KNOW ALL BY THESE PRESEM: That we, BNB ENGINEERING. INC. ar Pr6*d, said CONTRACTORS BONDWG AND INSURANCE COMPANY, a corporation orpanfaed aed m6fins ender fhe laws of The State of Washington, a: Surety, are bold and firmly board auto CITY BEACH I , as Ob' gm4 Inthe saga of Dolhm ($ !&,m•co) for the paynuart of which, well and trod► to be made, we bind oundves, our eaewtors, admfnfshators, :vorsnem's and aukrrs, jointly ai-d severally, firmly by these presents• VV)IERSAS, the Wipe has awarded to Principal a contract fbr the work dwa W as: INSTALLATION OF FIBER OPTIC CABLE PN#17033 . WHEREAS, mW'CoMrador is rerl &od to furnish a bond in woun lion with wid coMrad guaranteeing the m olumaioe dwoof. NOW, THBRSRORE, THB CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall maintain and muedysaid work free from ddecfs In materials and woricommsbip for a period of one year fallowing completion, then ibis obligatioai shall be mod; otherwise it shall rasinafai in fill force and efred. . SIGN®, SEALgD AND DATED thi: 3RD day of DECEMBER . 192L . T.,X��'/y�'j BNB 'ENGINEERING': INC. 3 ' 0% v dit V � E � CONTRACTORS BONDING AND INSURANCE COMPANY By - "y Ue t3► Attor�nei i s • DALE G. SHAW, ATTORNEY -IN -FACT J ' ' State of California County of San Diego ) On December 3. 1997 before me, Tara Bacon. NotaryPublic, personally appeared Dale G. Harshaw, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. TARA BACON! +' _ COMM. #1132721 0 U : t', NOTARY PUBL"ALIFORNU1 N' -!5 SAN DIE GO COUNTY [] My Ccmpires 4 J APRIL 3, 2001 .WgnorITtQ�Ill�ft /< <f 1 St` 2!`Laf,,l�+l4,(:itl� )lC. I j111, ` �. ) +1 1, ,}7i}+l\ J' i f, rJ w It t* )tl I 1 Ab'dAAMRtV,1 ?.w.: S� � j A � > 1. kXI � tL � w►�i 1, x'f,�< tcoria�oHat�artwco�A{r��EoYfon�lte�loo�s�q�Eolr�o1>�trit pYn��:,��xt � evw q aF ATTv tart T "t WILLVUW ltla M UP A) I W"Rt t Ir Tvt/ nN•e it V a1 Ao +r vn rvi+cn �{ �r h� h�•M j s i, ebA w�t�*A tee••dsnAw4A 104(J A► ,-*0^0•AUYW►. 1 4 rs(! AlsTnf�yrA,>If,p A...:sf� y� ' 6`6 boiw NO I' • �w., +�-. �s w .� {�_ _�+/j?� "Jl7- •,�JL y i t 1 r .t 1)'u'I iw. 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AESOLVEO FURTKA lhd Its s Aw*l of Its lsaoq d Mo Ca "M to em" M &N w4c*t end sfbelvsnsis of to kmg*q msoMJp m In wny LM MW Power etAMmy Is Mnby Q.be.t.d to 1ty t' -' I ld AK+ar er g d rry d w. s rle.11b d sYld Mr raeep.rY.1w A.I l to nw aAH Aft r)e.nrerwwa at b bnool mak4%fM a I sb1Md by M Sem" of bs CeoWp RL ThK tubers TM d or Am Cr" RES M FIJffW bet Its sllrlslw o jr4k*q asrlledsR IW SN Faisr d Albntoy b sSl M tbfa end stlscq d R t tNW or Isfbsa end MoOwy Pub1e, end ttts corporate end Hobry sub opp a q on wry Uwgbd Pawn d ANwrny Pei Ish Mg Mb &W Its !oil I f000L g e a wd a Its U mftd Fowa of Auw" IbW a wsl sa Ib vwwllkWw% fay bo by M1csMfiSs; end arlelt LMbd Power sf Alwnsy sNtal b1 dasetad w sryMrrl b sl srpseti. IIESOLYED fTJJIflIER 1AIt sl fssoMAwM fdopbd pMw b tatley spsMtlfq M dwa nnW w sWai -1 l v ftd lw %M Conpefq us Aw10y **was" IN WITNESS WHLREOF, CONTRACTORS IONOW AND lWAANCl COWANY NN awed tMa prsmW le bo dpW by R.L TMN and t &sm Tbtsl, end Its corporals ssd to bo bsnto i1q"d 6/15/94 . !)r A.L. TNIM STATI OF CAUFOFNNA — COUNTY OF OltANGM COW RACTORSGON"Ol AND WSURANCI COMPANY a�'atAS AJIS / • ErMS.).11 r• THIN 1'`a �'NNN4 4 r OR 6/15/94 , men w^ L Vela, a tllfblc b nd Iof M f11rb d Ctill I CM4 d Ofwgsl psno M ft appswad RL TMd wA Swbm TNK pI -" btdtte b ms is bs b• pwaern wbaa f>Mlq ate alleeefMd a b trNMM LbMW F�owr N AMway wM.epteabdpd b ws lul bf+y •ssn+bd lu wm In tAsY suraftrsd espseilw «14 IMI by Mstr sllnoMau an Its t.Mnlsa Power a Atbrnsy cS1O sbsaubd ti liNlsd Fawsr a AtsorfMy. IN wTNESS wNEREOF,1 bsw Noun* sot aq s see yeawo —ire VCNAMMZ l 04 comkt •I t01�Ob6 tWerlr Ptbk — CdlkmW ORAN" COUNTY MA1I Corelew tLssbt. DtC !.Its me" In snd Mx bo sl TM under w*4 swft www s tmwf a be Goad ol DMabrs a CONTRACTORS /ONDWO AND WWRA V. W* a to tla of t.rllab a Its Sanest j a CONTRACT0n3 DONOING AND MURANCI COMPANY, bat b. sbaw end largebq b e fA !m wd earfect espy d ft P wa at Aron" by oak caep % ww deco horal tLr" W" Md ms saki POW Of Ago" b 00 b tiros wd Whet WYD) t.da sots! r Oft doy of DECEMEER tt 97 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title Vll of the Ci,611 Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on 17033 FIBER OPTICS CABLE PRWECT Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, n•atchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Tit c PAUL BIEBER, VICE PRESIDENT , g:cc cuhconl G�Ii, :.. DECLARATION OF SATISFACTION OF CLAIMS 1, BNB ENGINEERING;INC. ,state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled FIBER OPTICS CABLE PROJECT CC — 1049 (PN 17033 ) and dated 8/18/97 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state `'NONE") NONE I declare under penalty of perjury that the foregoing is true and correct. Exec 2t SANTA ANA, CA on this 2 nd day of DECWBER , 199,4. (Signature of Contractor) g cc`cashcon2 12/15/97 - Council/Agency Agenda - Page 11 E-14.(City Council Accept The Yorktown Avenue Vertical Realignment Project - CC-910 - GMC Enterprises - Approve Fund Transfers And File A Notice Of Completion (600.50)- 1. Accept the Yorktown Avenue Vertical Realignment Project Improvements completed by GMC Enterprises at a final cost of $275,093.94 and authorize the City Clerk to file a Notice of Completion with the County Recorder, 2. Authorize the transfer of $1,885 of Measure "M" funds from Account No. E-SX-PG900-&32-00 into Purchase Order No. 224897 to cover additional construction expenses; and 3. Authorize the transfer of $3,158 in Measure OM"funds from Account No. E-SX-PC-900-6-32-00 into Account No. E-BS-PG 910-3-90-00 to cover additional supplemental expenditures. Submitted by the Public Works Director. [Approved 6-0 (Sullivan absent from room)] E-15. (City Council) Accept The Fiber Optics Cable Project lmprovements - CC-1049 - PN-17033 From The Civic Center To The Water Operations Building - BnS Engineering, Inc. And File A Notice Of Completion (600.80) - Accept the Fiber Optics Cable Project Improvements, CC-1049 and PN-17033, from the Civic Center to the Water Operations Building completed by BnB Engineering, Inc., at a final cost of $164,306 and authorize the City Clerk to file a Notice of Completion with the County Recorder. Submitted by the Public Works Director [Approved 6-0 (Sullivan absent from room)] E-16. Deleted E-17. (City Council) Approve And Appropriate Funds For The Pier Plaza Automated Park And Pay Operation - Main Street & Pacific Coast Highway - Approve an Amendment to the fiscal year 1997198 Budget to allocate $350,000 from the General Fund ($225,000 to Account No. E-AA-CS-346-6-70-00 and $125,000 to Account No. E-AA-CS-346-3-90-00) to A. Purchase Computerized Ticket Dispenser Parking System to be utilized in the Pier Plaza Park and Pay Lots; B. Design and Install a Planned Directional Sign Program for the Pier Plaza Park and Pay Lots; and, C. . Provide a service contract for maintenance and operation of the Automated Park and Pay Pier Plaza Lots. (Park and Pay computer ticket dispensers, installation of dispensers, Pier Plaza directional signage, and an annual service contract) Submitted by the Community Services Director [Approved 7-0] E-18. (City Council) Approve Reimbursement Agreement For Professional Services With Catellus Residential Group - Meadowlark Development Agreement (600.10) - 1. Approve and authorize execution by the Mayor and City Clerk of the Reimbursement Agreement as prepared by the City Attorney, between the City and Catellus Residential Group for Costs Incurred for Professional Planning Services, not to exceed $60,000, for a term of one year; and 2. Accept the initial payment of $15,000 to cover professional planning services retroactive to September, 1997 to cover the first three (3) months of entitlement processing to defray the costs of professional planning services as part of the Meadowlark Development Agreement. Submitted by the Community Development Director [Approved 6-0 (Sullivan absent from room)] •J, CITY OF HUNTINGTON BEACH we 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK COZY ME BROCKWAY CITY CLERK December 16, 1997 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; Enclosed please find a Notice of Completion to be recorded and retumed to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. ' Sincerely yours, Connie Brockway City Clerk CBf c Enclosure: Notice of Completion - BnB Engineering, Incorporated - CC-1049 (PN 17033) ccnocd1tr11CC-1049;BnB Eng jc (TOophonf: 714.536.52271 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to BnB Engincering, Incorporated, who was the company thereon for doing the following work to -wit: Fiber Optics Cable Project Improvements - CC-1049 (PN 17033) That said work was completed December 15,1997 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 m2s accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 15,1997. That upon said contract CBIC Contractors Bonding and Insurance Company %%as surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6I03 and should be recorded free of charge. Dated at Huntington Beach, California, this 16th day of December,1997. City Clerk and ex-0fficio Cle vr of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-ofiicio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION «-as duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 16th day of December 1997.. City Clerk and ex-0fficio Cl of the City Council of the City of Huntington Beach, California 8_rr01101AuPVLWP1s5 Glfollowupfccnoc �o R/ lax, . �, - p r•w aP� CITY OF HUNTINGTON BEAC �- DIP A-) MEETING DATE: August '18, 1997 DEPARTMENT ID NUMBER: PW 97-064 Council/Agency Meeting Held: V 4ed.t Deferred/Continued to: e roved ❑ Conditionally Approved ❑ Denied ;Q�p City C! rk'S Signature Council Meeting Date: August 18, 1997 Department ID Number. PW 97-064 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL ElERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat •� PREPARED BY: LES M. JONES II, Director of Public Works Y SUBJECT: Fiber Optics Cable from the Civic Center to the Water Operations Building I Approve Authorization to Award Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 16, 1997, the City Clerk received and opened bids for the Fiber Optics Cable Project and the project now stands ready to award. Fundin_g Source: Funds totaling $75,000 are available in account EW-PW-852-3-90-00 for this project. The balance of $108,000 is available in the Undesignated Water Fund Reserve. Recommended Action: Motion to: 1. Appropriate $108,000 from the Undesignated Water Reserve Fund Balance; and 2. Approve the low responsiveiresponsible bid submitted by BNB Engineering Inc., 2602 S. Halladay St., Santa Ana, CA 92705, for the Fiber Optics Cable Project from the Civic Center to the Water Operations Building; and 3. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $161,845; and 4. Authorize the Director of Public Works to expend a total of $183,000 including the contract amount of $161,845, estimated construction contingency of $16,155 and supplemental expenditures of $5,000. 1 0026700.01 -2- 08112t97 4:21 PM MEETING DATE: August 18, 1997 DEPARTMENT ID NUMBER: PW 97-064 Altemative Action(s): 1. Deny award of the contract to BNB Engineering Inc. and select one of the other responsivelresponsible bidders. 2. Reject all three bids and rebid the project Analysis: The project constructs fiber optics communication lines between the Civic Center and the Water Operations Building. It is absolutely critical to replace the existing communication link between these two buildings. The existing system has experienced two outages in the last six months and the existing modems are irreplaceable. The fiber optic system will meet current state of the art transmission standards and will be capable of handling our communication needs far into the future. The technical elements of the project were reviewed with General Telephone (GTE). They agreed that our current approach is technically appropriate and the most cost-efficient method to electronically link the Water Operations Building to City Hail. On June 4, 1997, the Public Works Commission approved a motion to recommend this project to the City Council to authorize advertising of the project for construction. Motion was approved 6-0. On .tune 16, 1997, the City Council approved plans and specifications and authorized the Director of Public Works to solicit bids for the Fiber Optics Cable Project. On July 16, 1997, bids were received and publicly opened by the City Clerk. The engineers estimate for the base project is $123,272. Bids received were slightly higher as current construction costs are up because of the increased volume of construction projects. Summarized below, by order of least dollar amount, are the bids submitted to the City of Huntington Beach: 1. BNB Engineering Incorporated...................................................................$161,845.00 2. Sim J. Harris Company...............................................................................$196,151.71 3. Doty Bros. Equipment Company.................................................................$238,571,25 Environmental Status: + The project has been reviewed and determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c). e Attachmertt(s): f RCA Author: LMJ, REE, AAF 0026700.01 -3- 08112/97 4:21 PM ATTACHMENT 1 0019517.01 PACIFIC Subject Project Fiber Optics Line Length 4150ft. City No// 11 m- OCEAN w 1,y)4./ w w ^ ■ Fiber Optics Installation Project; PN--17033 Not to Scole ter Div.' Bldg. AVE. . Project Location Map '1 CITY OF HUNTINGTON BEACH 4/23/97 DEPARTMENT OF PUEUC WORKS G: 17033\17033LOC_OWC ATTACHMENT 2 0019517.01 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Michael T. Uberuaga, City Administrator From: Robert J. Franz, Deputy City Administrator Subject: FIS 97-56 Fiber Optic Cable Date: June 2, 1997 As required by Resolution 4832, a Fiscal impact Statement has been prepared for Fiber Optic Cable. If the City Council approves this request (total appropriation of $108 000, the estimated fund balance of the Water Fund at Septem-bpr 30, 997 will be reduced to $1,201,000. IZOb6ri ,Lf Franz, Deputy City Admi ATTACHMENT 3 OO i45I 7.0I i Fen CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Tony Folaron, Civil Engineer Associate FROM: AIric R. Charlonne, Civil Engineering Assistant SUBJECT: Reference Check - BnB Engineering, Inc. Fiber Optics Cable Project; CC 1049 (PN 17033) DATE: July 21, 1997 BnB Engineering recently completed the Halifax Storm Drain project; CC 889, for the City. The project was completed on time and within budget. The quality of the work was above average and the contractor provide competent project superintendence during the course of construction. The contractor has received favorable comments from our field inspectors on the numerous permit jobs they have worked under within the City of Huntington Beach. I would not hesitate awarding this bid to BnB Engineering, Inc. 0026781, -- .1 6()1).?�7 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 Recorded in the County of Orange, California IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'll Clerk/RNooFeer IIIIII IU 005 29004933 29 5i9970663687 3;38pm 12/24/97 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, P Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of ) Huntington Beach, California to BnB Engineering, Incorporated, who was the company thereon for doing the following work to -wit: ,U Fiber Optics Cable Project Improvements - CC-1049 (PN 17033) That said work was completed December 15,1997 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 15, 1997. That upon said contract CBIC Contractors Bonding and Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 16th day of December,1997. City Clerk and ex-officio Clem of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 16th day of December 1997.. City Clerk and ex-officio ClEfk of the City Council of the City of Huntington Beach, California gAfo11owup\nscp1gs G/followup/ccnoc CITY OF HUNTINGTON BEAC MEETING DATE: December 15, 1997 DEPARTMENT ID NUMBER: PW 97-098 Council/Agency Meeting Held: /a --/is '7 Deferred/Continued to: >,P2 - frApproved 0 Conditionally Appr ved ❑ Den'ed G-D City Clerks Signature Council Meeting Date: December 15, 1997 Department ID Number: PW 97-098 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, Acting City Administrator0tV PREPARED BY:2K LES M. JONES, Director of Public Works SUBJECT: Accept The Fiber Optics Cable Project ImproverW-, CC 1049 (PN ,1.7033) and File a Notice of Completion Statement of Issue: BnB Engineering, Incorporated, has completed its contract for the construction of the Fiber Optics Cable from the Civic Center to the Water Operations Building. Funding Source: Sufficient water funds were authorized for this project. Recommended Action: Motion To: Accept the Fiber Optics Cable from the Civic Center to the Water Operations Building project at a final cost of $164,306 and authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office. Alternative Action(s): None. Analysis: On August 18, 1997, Council awarded a contract to BnB Engineering, Incorporated, in the amount of $161,845. The adopted project budget also included $16,155 to cover potential change orders and $5,000 for supplemental expenses, for a total of $183,000 to construct the Fiber Optics Cable from the Civic Center to the Water Operations Building project. The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the Notice of Completion be filed by the City Clerk. 0028937.01 -2- 15 11/24/97 7:44 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 15,1997 DEPARTMENT ID NUMBER:PW 97-098 The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract Amount: $161,845 $159,345 2. Change orders: 16,155 4.961 Subtotal: $178,000 $164,306 3. Supplemental Expenses: 5.000 2.500" Total: $183,000 $166,806 Four change orders were issued for this project: 1. Remove interfering utilities. 2. Furnish and install additional equipment requested by Administrative Services. 3. Furnish and install special fiber optic connectors to existing City equipment. 4. Delay due to utility interference. " Estimated cost for special inspection required for this project. Environmental Status: Not applicable. AttachmentW: RCA Author. Charlonne 0028937.01 -3- 11/24/97 7:" AM (9) 08/18197 - Council/Agency Agenda - Page 9 E-10. (City Council) Consideration Of Intergovernmental Relations Committee Recommended Positions Re: Various Assembly And Senate Bills - Support AB-92 & SB-500 - Oppose ABA 070 & S13-1156 (120.70) - Approve the Intergovernmental Relations Committee recommended positions on the following Assembly Bills: Support AB-92 (Figueroa) this bill will allow the two local representatives to also be voting committee members of the California Tax Credit Allocation Committee. These local representatives are: a representative of counties selected by the Senate Committee on Rules from a pool of candidates developed by the California State Association of Counties and a city representative selected by the Speaker of the Assembly from a pool of candidates nominated by the League of California Cities. Support SB-500 (Polanco) will prohibit the manufacture, sale, giveaway or lending of any non -sporting handgun. This bill defines a non -sporting handgun to be consistent with federal law which established criteria for importing foreign handguns into the United States. This bill has been nicknamed the "Saturday Night Special" or "Junk Gun" bill because its intent is to mitigate the proliferation of small and easily accessible handguns that are, often and disproportionately (according to figures quoted in the Los Angeles Times), used and seized in crimes. 80% of these handguns are made in California and primarily in the Los Angeles area. Oppose ABA 070 Cam bell would provide that a public agency may not require a design professional to defend, indemnify, or hold harmless the public agency or its officers and employees. (Oppose SB-1156 (Costa) would prohibit cities from adopting any zoning or development regulation which "renders the development of multifamily rental housing... infeasible". This bill is brought forward by its sponsors, the California Apartment Association and California Housing Council because some communities ban apartments for a variety of reasons. And direct staff to draft Letters of Support or Opposition, as moved for each bill, for the Mayor's signature and send the letters to the State Legislature and Governor. Submitted by the City Administrator's Office (Full text of legislation is available in the City Clerk's Office) [Support SB 500 - Polanco 4-3 (Julien, Sullivan, Garofalo--111O, Remaining bills voted as recommended by IRC - 7-01 E-11. (City Council) Bid Award - Appropriation From Water Reserve Fund Balance - Fiber Optics Cable From The Civic Center To The Water Operations Building - CC- 1049 - BNB Engineering Inc. (600.80) -1. Appropriate $108,000 from the Undesignated Water Reserve Fund balance; 2. Approve the low responsivelresponsible bid submitted by BNB Engineering Inc., 2602 S. Halladay St., Santa Ana, CA 92705 for the Fiber Optics Cable Project from the Civic Center to the Water Operations Building, CC-1049; 3. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $161,845; and 4. Authorize the Public Works Director to expend a total of S183,00 including the contract amount of S161,845, estimated construction contingency of $16,155 and supplemental expenditures of $5,000. Submitted by the Public Works Director [Approved 7.0] (9) lei , M CITY OF HUNTINGTON BEACH P.' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIEBROCKWAY CRY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCI LIREDEVELOPAI ENT AGENCY APPROVED ITEM DATE: bdo b ex, of /.. / 9 V 7 T0: Name e- o c:�. a Street City, State, Zip ATTENTION: cS7'� ,ff � /�-6/4::Bt� DEPART51ENT: REGARDING: a6e t� CC-/dw9 P�✓i7033� See Attached Action Agenda Item L/ Date of Approval 7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. &X4�0 &0 6k� Connie Brockway City Clerk Attachments: Action Agenda Page _,,/— Agreement t/ Bonds / Insurance l/ RCA Deed Other Remarks: - - I N and Name Department I RCAF vl Agreement Insurance Other Marne Department _ RCA — Agreement Iruuranse Other Na a Department RCA ' Agreement Insurance Other Ri/skkNtanagcmcnt DcpartmenCt Insurance Copy�� CI & u emV R-d-/C-V ^ 11r� L QFollowup'sgrmts'transhr (Telephone: 714-S36.5227 ) 0 I have received Performance Bond No. CC5705 - Contractors Bonding and Insurance Company, Payment Bond No. CC5705 - Contractors Bonding and Insurance Company. Re: CC-1049 - (Formerly PN 17033) RCA and Action Agenda for August 18, 1997 attached. Dated: v :7-11e�77 By: California: CBICPERFORMANCE BOND 23173 Plata sink Drive. Suite 1H5 Liguna t t i 11%. CA 92653 CONTRACTORS BONDING California Public Works (714) 770-9733 AND INSURANCE COMPANY (714)77 i- os National Bond No: CC5705 Premium: $ 3, 237 - 00 KNOW ALL MEN BY THFSE PRESENTS. That we, BNB ENGINEERING,_, INC. , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY. a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH --- called the Obligee, in the sum of ONF, HUNDRED SIXTY—ONE THOUSAND EIGHT HUNDRED FORTY—FIVE AND N01100TH' Dollars ($161, 645. (30-_ -- _-) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract, dated the JHday ofAUGUST . 19—. with the Obligee to do and perform [lie following work, to -wit: INSTALLATION OF FIBER OPTIC CABLE PN#17033 ("Contract"); NOWMIEREFORE. the condition of this obligation is such that if the Principal shall well and truly perform the construction work called for under the Contract then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, however. that this bond is for the benef it cif the named Obligee only, and no other person orentity has any rights agai nst this bond; and PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year from the date on wh idl the Principal last performed work under the Contractor from the date of substantial completion of the Contract. whichever is earlier; and PROVIDED, FURTI HER, that this bind shall not be liable forany liability i f the Principal for tortious actions or inactions, whether or not said liability is imposed by statute. common law, or is imposed by the Contract. It is the intent ofall parties that this bond shall not be a substitute for or supplemental to any liability or other insurance req"uircd by the Contract. Signed and scaled this 241h day of SEPTEMBER .19 97 1 Princ pal: BN E G .ER NG INC. CONTRACfORSBONDING AND INSURANCE COMPANY DALE G. HAR VAW, Atlorrtey-in-Fact State of California ) County of San Diego ) On September 24. 1997 before me, Tara Bacon. Notary Public, personally appeared Dale G. Harshaw, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. '"'� TARA BACON v Et-5 = COMM. #1132721 NOTARY PUBLIC-CALIFORNIA cc COUNTY l7 � Myy Commission ion Expires APRIL 3, 2001 .��.��.-`•� � ��,`° ��. ti �:. r• .., i11ifA#DApwEROFAT701L�fEr � ••• _ � .. :.. '.r. -.s. x, :.1 `r�+ tie A•v •f +t .. RuDCAREFt7LlY ` n ( • I. u ;I CON'TpACTORS SONONC AnniO INSURANCE CWPAW M A(SPONSIBLE ONLYIOR THE BOND DESCRIBED AND UP TO Tt� A--M6Nj SET FORTH IN;' ; ; ; TIM UNITED POWER OP ATTORINV. ANY EAASDRE WILL. TAS POWER OFATTOPMEY If YOU ttAVE ANY DOESTIONS ABOUT DA WANT TO +' vk 'Pe'VdiEf SIFJYe1TsK PiOCA•eroo e, tNSURRowNe►EC.-MPtY9INLN..IKLL. S�,'ClA-oLRdONRo.N:. •tA TJ1.7.P71..] FALLCOTAACTORSlDNUO�D oANo'tsY *:,•; ..C. :Liaiifad Pow+` ei�ttornir Expua . + _ Z 4 Ddr Apyisind + �.z .„ 12 9 T ' :AADfoveebye: Blair eRall :.. •. 3+? •'.s.: `SNB EFiC [WEER IHC;..INC;.+.' • : A. l ' ' <} ' 'b'r•` ,;: ' r iWlni of �rinrip3 IEsMe of obliges ` EACs• i`• x''� T eesTiria (1f Appticabla): y r { .. v f Y KWN ALL WIN 31 TKS% PRESENT l that CONTRACTORS t10MIDINC AND NSURAWE NNA eawleq ado l a hen d Ke N tan ^'4 n.� der pre eq+ldlrra e 1.etLo•RsquwftcT+r.,it�e.n.da.eerythn.p...Mmde.a.n..u.andappwd Tlx V.'efinn-1l411 of $R yrd r A ire tar sad hrhd rnerwrwhiaL edh kA pswr ar.f adhonl, loroby, saderod ads aww place and slid n.aerul., bet ro./. 4a. the d.sar M herd+l d..cnh.d Ao ,end in bed M CwNmq liway a. My aril off Hiegaminorindoff adark errdibwndonsorrgrhTthePrrdsntsoledaJhdoearr-weoweddInCorwyardddras.6wilYdo$salary;hweerrerdpgedsarim"grder/&and Ol6rr��/ wIts yremeeoe. send ANNNANioat a rode ashler end by aAthenty of doe lot" ovoAlleee *doperd by Ito loved of O wslo(��rifqre of CONTIUCTORS BONDING AND INSIOUIVCE COMPANY an - " �' " �4 PE90 M that the President a InAboriied to appoird as otronntelad of the Con"hP A L E G. H R R S H A V wfih Power and aul"to sign on bald of oho Cwhpaay these wosry bonds whkh nay has time le fire be spprovod by Wn. WailWoaf, in owli pwar sums and eaaedroo To such eondnions as any be oppeswd by Wm. D'ra'rlloisoi PEZXVF0 F1IfiTHER thot each Pnser of Attorney mvoe ed lad% The spook of"pliw at the bard Is rich fi oppW%the rwme of t1r principal. the some d the obtigoo. The panel surq The bond umber josoept We bid boad where lbors is no owrdnar), the idedlyeig xw4w of the anaaey;bha the i4mlif ying eambor d the Pow ofAKorerK and tba some and aignatwg of W+21isi11«ron; sad aheTr set forth Kha description and ammrt of additional rein su►anoo or cdlelwsk if eooy. RESIMED Fi1R nRlhd Wrk Buirtt«self is evfhorcodto astsbtish a spans aspirs"m dote far the Power at AKortry and to nod/ythat dotetram horn 10time as Wen YlerYsisathdown* accessary in his Thar gets deerotion:the applir." ssprstion data to beclowly rot fortk in any write+Poww oIArrortre). IESOLVED FURTHER INC eecopt as othanwise prorldedin the bnowdiotaly nresaodin IT molution, wo tar no dreverolonen shell: to) the contract amount for any bd, psymenL Podooro ant:4 or cambindios peynowaf and pofforannce band (r.e, a pwformanrs sad prymaf abtgariar vow band Tonal oscosd 11.2SOAM Irk bend to querenhod by the Sena! Dasirwsr Adminishdwil; lbl the panel sum of any hand net guerafleed by the Small I vaane Ad+onstrobeh (dhe than a bid bond which is further roohidod by darn (eb exceed AfO 9W; and (C) a bid bond whch is Not guaranteed by the Small Droinass Adminieftflon be soocwted for a job where` Ithe oadred is swer"Ifoo bond p hefty an any pods ends bred, psymenl band, or corbasrion pedormamce end payment bond pin, a pert orrow4 and payment obligation A ens bond twml robe atrcoted p rives to the bid band is to eseaed ACOO OW RE90LVFD FURTHER Met the *bare asawd Anorneyjaled is granted poww and Whiny ro snandttre spoicable pawl Imes to forth ill" i nm odistely providing rose6t en for any band is on amowd "WI to the smounl of any sddlionalransarsrca erof aarvoli , letter dsndiar MOWeocarly recaieod as solefral esvrsrby" Company at iYdaca.n ent Isiasae tbrbofrd. so Long se the des ripeion and smgunt of additional roimurenra or collateral an W ton% in Kra Power at Attorney RESOLVED FURTHER taw the outheriry of NisSwciNaryaf the Conve-y eraa+ely The aweraofclfyand efloctrraess arrbetorogeing lasefutioas Ill sayLihloofDbwor ofAttorastrfie hereby delegated to tho Ioflewireg parsons th o signaling of any of the fo:omoli to bind tho Comyony w 1h reaped to the owthonimy end erlw.h.eneas d the fonnorng revotalions a* of signed by tin Secretary grebe Cempowr. Wm• lair "Raft RESOLVED FURTNtR that the signdnas firheAodrng certification that the Pow al Attorney is ON intweo and ofsd) of Wra.B:air"Zon. and Notary PuNe,and ITa corporate and Notary *sets appowing as any Limited Poow of A1lorsay eonfaming We end the frig«ag mdutana as won ea the Wood Power of Artwney iodtaswall as No bananrssiork. maybe bylscaimAK and such Lo tool Pews, ofAtloreoy stefl be downed on anginal in dl aspeda ' RESOLVED FU RTKER that on resolutions adopled priorto tedeyaPpoieng the above named so moray-InJod lw lM Cwaprry are %woby superseded W WITNESS Iff?P.CCNTAACTOAs DONDRIG AND WDURANCfi COMPANY hone er»wd Bn�epresents to be te7rt P;grmd by Wen, DWoolRur , and ib corpL b =W be hrsto affixed 90 , ! ] Y 99 CONTRACTORS : BONDING AND INSURANCE COMPANY � c1iC :— r�i�t Js'ofa PP o j�,�I`r Sy. errih.._i. w..ra.rr s ` s SEAL aY ei ?: STATE Of CALIFOANIA—COU14MOFORANGi 4rr�!•1974•:0�:� k,••rff f N G�.,r On b / 15 / 9 4 , bet.,. .. Yolowds Z. Vega, a Notary Public In and for the stele of California, County of Orange, personally appeared Wm. Blair lletxelt personally known to ohs to be the person who" rharne to subscribed to the within Limited Power of Attornoy end acknowledged to ma that he executed the same In No audhorited capacities end that by Ms signature on to United Powsr of Attorney CBIC oieculed the Linil d Power of Asomaye I IN WTTNES! WNTIiAEOV. I terra her c s+ ems my of meal sgwl weayand yew fret above w►ittan. QYOIANDA 2. VEGA Cowoo WaS16 NandY RJDac -• Caltat" s 04 MGE COUNTV my Cornnh. tawas DEC 2. 119417 N lie In end for at %Toone, W ng at Irvine The undersigned, acting under authority of the Board of Dlredors of -Co- NTPACTOR DING AND IN CE COMPANY, hereby canoes, es ew In Hau of Cwrlificale of the Berredory of CONTRACTORS BONDING AND INSURANCE COMPANY I the shove and 1a agoing is a full, true and correct copy of the Original power of Attomoy l"urd by said Company, end does haroby further aor hey that IM Power ad Attorney Ts viol In face and effect. LIVEN under my lend, 4PLg u rl'a I'll his 2 4 d.y of cat SEP A 11-611091 S96j '. C'allfflr'Iil�l: BIC PAYMENT BOND 2.j17,1>tam Pointe v,-i«. sa 183 1 aguua 1101%. CA 92653 California Public Works 4714t770-9733 CONTRACTORS BONDING (W)) 274-Ct1IC Natiorml AND INSURANCE COMPANY ttond No. CC5705 (7t4) 770-9805 FAX Cis rSe fire this twin is inctuck-d in premium for 11cri mumv ISund. KNOW ALL MEN BY TUESE PRESENTS, That we. BNB ENGINEERING INC. .called the Principal. and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporatism authorized to do business as surety in the State of California, called the Surety, are held anti firmly bound unto _CITY_ 0>;'UNTINGTON_BEACH_ called the Obligee, in the sum of f K—ZUM-May-='l riuskm Egg }lll[= FCM1Y-FIVE Ahp NO/l00'h15--------- Dollars (S 161,845 , 00-------) (penal sum) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract dated the 18THday of AUGUST 1997 with the Obligee, for ,INSTALLATION OF F113ER OPTIC CABLE Phf117033 ("Contract"): NOW, TIIEREFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3181. or amounts due under the Unemployment Insuririce Code with respecttowork or labor performed under (he Contract, or any amounts required to be deducted, withhcld, and paid overto the Employment Development Department from the wages ot'empioyecs of the contractorand subcontractors pursuant to Section 13020ofthe Unemployment Insurance Code, with respect to such work and labor, then this obligation shall be void. otherwise to remain in full force and effect, tuhject however to the following condition: 1. That this bond is only forthc benefit orpersons named in Civil Code Section 3181 (and thciras%igns) who have contracts with the Principal or its subcontractor(%), and no other party shall have any right of action against this bond. 2. It is a condition precedent to claim upon this Kind that claimant has given the 90-day public works preliminary bond notice as provided in Civil Gxle Section 3091. 3. No suit may be brought on this bond unless commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Csxle Section 3184. Q. 11'suit is brought upon the bond, a reasonable attorncy fee shall be paid to the prevailing party. but no a[torncy fee shalt he paid from the bond unless such suit has lx en filed prior to payment by [lie Surety of the claim. 5. The Surety's liability hereunder is limited, singly or in the argregaie, to the penal sum of the bond set forth herein, and any payment by the Surety to a claimant or claimants hereunder reduces and exonerates the bond to the full extent paid. Signed and Sealed this 24TH day of SEPTEMBER , ly 97 Print' )al: '�B ENG INC. CONTRACTORS BONDING AND INSURANCE COMPANY 01 II fly: DALE G. HARSHAW, Attorney -in -Fact 1 MjCP11Wr) —rA%k)1j593 State of California County of San Diego -) On September 24, 1997 before me, Tara Bacon, Notary Public, personally appeared Dale G. Harshaw, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal, TARA BACON COMM. #1132721 o _ NOTARY PU$L"ALlFORNIA to U ! SAN DIEGO COUNTY 0 h1y Commission Expires APRIL 3, 2001 L1WrEO POWER OF ATTORNEY � :Y} �r .r: ";c•'_ �" �'' r ;". •4' •4. �L',•' 1 E -:,'READ CAREFULLY � f: f..�.1' `'a:v;,.••4 t,k•::,- ..+•.- :, '; .,• COMACTORSBONDBiQAND INSURANCE COMPANY 13RESPONSIKEWKYFORTHE BOND DESCRISED"AND UP TOM AMOUNT 3ETYORIMIII,?;•,,,�} •d' ''h1IS LaAITEp POWEA OF ATTORNEY. ANY ERASURE WILL. VOID INS POWER OF ATTORNEY.# YOU ILAYE ANY QUEST10NS ABOUT OR WAW TO • : •` VERIFYTMI PO�y R pof� At�OR4 Y CALL CONTRACTORS SONDM tf� INSURANCE nPtZy uOUNA MILLS,CALLFORNIA T t 1- s".1 g45.b�c- o m o.CASb ..PoverHa'G164�3�G�'05�.'�;ewer 'x 'Penal.3um i 'AH m N ''�• n :GmitsdPowoi•, DalwA#'prawd;' n 'a�:.s•. } : `y; Approvt►d b ; J..,� ; _�r�f ter,.% at.�r=/; • .tie • s s i Y Blair MaGjl . •: .. ... n a ,. `Vein i ,m;.a..tina al:`BlIS" iNGIIiEERING; :.IKC` V. 4. •. Ny�a oI oc;r9 s... 4eralpfiae(rk CAB L f • ' L4tat10m Ilf AppfFcabfa): • �"" ' r .c' •:. .. ' ,- KNOW ALL MEN IVTIIESEPRESENIStMCONTRACIORSBONDYOAND INSURANCEC RPiMf ��-l�rr }, j';�nNn ordaMbiwo lhA+,=j�M �f + 1„�•s,6 '^�ris athr.a Swlk, Kr'! Cewwy.Iltsteyaen,den Rasa prmmde eeka,sanasste ands A L L7 . A lS J M ' 1 fit T< t Zit Il r H A 7M and r.Auf rrar+>fa.bal e4h W parer ant nmtenry hr'blr asrf�,ed a !. torte, p4u and teat, b natant, aearnawl.dae o„t d.Mr.r f+e Iw„d.t brr,h.d a6sr.; and M b,nsd aaa Camp+�nfFnr�.b�r r IWy rN" b the ssmm atsd n / ask aadr bard n wgred tT 1b hwnhrL a,a,d eth 11'e srporrm asJ el M �pa�y old dJtr Mw1ed � M fs,.try; h.�/ ratffiry end crdrmm�i d !>W tte sat o / �`�7 wlMmsw. pruirdoppeelmomanrbd1 wfandllrou[ASMyetumhotow"nmo6M4fr assYlbytMD,n iaudafWd�r�iea CONTRACTORERONDINCANDINSOtANCECOMPANYa* 1 REst7LvwtlaT ne Proaidenl L eathmi> eat ro appoitt ea attomopinlecf of Ih. cw,�p.DA L E G . HA R 5 HA lIi n fWith P"or and outhorky to sign an beh.tl of the Comporry those mutely hands ankh may Tian tww Islas be @posed M WmL beilA.lyd, In such panel mans and according to such condition as ray be approeod by Wm, B ubbliaL RCSOLY® FURTR6t that sock Paewr of Attorhoymol ad lath thaepocafredowglies at thehad to whisk A appiso.the new of Ito pritcpaLlM name of tls obfigoo, Impanel surm, Ito Wad number Ion*$ for a bid bond whretham ism manbsrL the idediyLg number of the atforneyrah %the idontiying mrnbei of the Pave of Anans+A and the memo and sgnelun of Wft Seir4aizA end" set tank IM description and amount of additional raiisurat" orcellalrst H srryr. RE90LYED FURTHER that Wm. SlaiMsixaG le odhadW to soh Nish a specific expirafon dab for the Poser d Afforror and to modify Mat &to loam time to tins as Wm.4M'r1,4irall dooms necessary in hie /ha sole diacMioe: the oppli:*bb expiration "Do becferfy ad (wit in any written f nag ofAftwmo f RSSOLYED FURTHER that, except me otherwise provbed in the Irhmwddaty sureeaeding roaduf4%ender nor tarwmsfoass sholk (a) the eadreet amount for any b4 Pint. perfomwnc 6 or canrbowhos polmod mad pMarsoms bead {aa4 a prrlarmanu ondpolmort ablVaten w are bend fern) ascead$1j54AW d tho bord u guaanbod by thoSand BvormaAMmintobsoom; Ibj the poal sum at @try bond not guaranteed by the Small B:raness Adit istiatres lather than a laid bond whiA is f rMer restricted by deasa (CA orwd =M0OD-.end (c) a bid Wnd whih is not guaranteed by lho=coon Q,nioass Administroliar be as utled for a job where, I the tattled is awarded. 16 bond penalty on any Performance band, payment bond, at combination pottormwnce sad payment bohd¢a, a performance end payr+wnl abigafom in one bend larrud lobo oncvt*d pnordto the hid bond is to evesed A00aAm RESOLVED FURTHER that the sbore named Atlotneysrohd a granted poor omd authonlyto exceed The applicable panel fonts sot forth in de immodiddy prow6og resolution for any bond iK an amount o"Ita the emoud of wM addrtiarl to rrswoms wad anyeuR idler orcadf or other secrrdy towiv.0 ee coM ral socarr?y by the Company as ieducwnent tab" the bond, to long as the descripliaa end omount of odditioml tolnsuroncs a cofdoml we sN forth in tdaPower of Attorney. RESDLYED FURTHER that the authority of theSocrotry of IM Cotnparry le to" the oudnrdiityand el 46moss of the fo mgairg towfutiorm In any Limbed Pow-- dArtormoy Ie hereby daugetrd to the following persons, the agodure or any of the follownhgto bard the Compsay yolk rasped to the evihediuty and ah[fiea eas of The lw"" resolutions a It sighed by the savotery Oft Compsmy: Wm.lair "tall. RESOLVED FURTHERthaffhos4ndurn(meWogcorl"iemMatthe PewofAfta eyiswillinfaceandoradldWmBLeirMalasn,andHoaryPuNk,endthecorporateand"seals appearing an any Limited lower d Aherne, coaaming ton end the loegoieg wsdows as welt me the Limited Piswr d Attorney half ss wall es its saanisaiek may be by facaimitt and such limited Paw of Artorney *bell Im de rod an anginal in sot npede. RESOLVED FU RTHERthat an rosoloice s.doped prim to today oppoineng Meabove owned as mitaay-inlod For the Comparyae breby suporsodad. (N WITNESS HVV fi.OFHf ACTOR3 BONDING AND INWR ANCK COMPANY leis sa.oead those prwrr I to bo eignod by Wrn BiairMeinaR, and its oorporvin sad lobe heroW offased J e CONTRACTORS BONDING AND INSURANCE COMPANY J� (jd.�pPORipfd^ ny SEAL } 0 1 err Ate: .! t fTAT$OFCALIFORNIA 000NTVOFORANGE r�rJly•'f939,:'� r On b / 1 5 / 4 4 , before m., Yotende X. Vegm, a Notary Public In and few the Stoto of Cdlkwailm, County of Orion", Woonwl ly oppowed WrYL Bleir Melsoll prsorwlly known to mo to be the person whmw means Is m+bacribed to the within Lhaitad Power of Allamey and acknowledged to the lhet he omsculad the earns In No muAhoria.4 c pe ib" and VwA by his sigrrtarro on the Linked Power of Attorney CO tC osocarted the Lknhad Pews of AeomalR af IN WITNESS WHERKOF, t how her o eat hart • taoad rrry dint sl meat +a day and ye.t titan nbov� written. MOM3AZ VELA r TA - CC&OL0101CD14 - - �� a NMay Pubft — COIFW60 ouw..I CGU VV My Comm. Elsa DEC >.Igs) Nos Ile Yn and for of kforna, ding at Inriraa This undersigned, ocftng under oulhority of tho Board of Directors d CONTRACTOR DING AND 1N CE COMPANY, hw*by cortfllas, as w In lieu of CorliNceTa of the Socrdary of CONTRACTORS BONDING AND INSURANCE COMPANY t the above end to .going h a full, titre and cerroct copy of the Original Power of Attorneyissued+bysaidCompany,enddometwohyfurthercercfythotToo power ofAttorteoylertiltinforce and offset, GIVENundermyhand,. fig';nd l i 1 to s .CA!' this 24 dayoat SEA 19 47 /_ All.61(091396) I have received Bid Bond No. 562 73 72 - Doty Bros. Equipment Co., Bid Bond for BNB Engineering Inc. and Proposal Bond for Sim J. Harris Company Re: Fiber Optics Cable - PN 17033 Dated: /�0'' By: SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK. N. Y. PROPOSAL BOND Wnnm all ern bg 14rar f rrortdo: THAT WE, SIM J. HARRIS COMPANY P.O. BOX 639069, SAN DIEGO, CA 92163-9069 as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto CITY OF HUNTINGTON. BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as obligee, in the sum of ' $19,615.17 DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, are bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 10TH stay of JULY 1997 . WHEREAS, the said principal is herewith submitting its proposal for FIBER OPTICS CABLE FROM CITY HAIL TO THE WATER DIVISION BUILDING PROJECT NUMBER PN #17033 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. Foes,. 136 JOHN A. ELLI 'SEABOARD SURETY COMPANY .7 A CHRIS MMVILLE Attorney -in -Fact Principal 0 State of Washington ) County of Spokane I certify that I know or have satisfactory evidence that CHRIS FELVILLE signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the States of Washington and California, for the purposes mentioned in this document. DATED on _ JMY 10, 1997 Signature of Notary My appointment expires February 10, 1999 SAFiECO" 0 SAFE -CO INSURANCE COMPANY OF AMERICA CENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: 3AFECO PLAZA SEATTLE. WASMtNCTON 08115 BID BOND BOND NO. 562 73 72 Conforms with The American Institute of Architects. A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, DOTY BROS. EQUIPMENT CO. as Principal, hereinafter called the Principal, and the SAFECO INSURANCE CONIPANY OF A&IERICA, of Soattle. WLs!linoton, 3 cer;asatio:t duly organized under t1te laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH .- ^L1:-.. . • .. .. . . . ALL-PURPOSE ACKNOWLEDtiMENT State of CALIFORNIA County of ORANGE On 7-14-97 before me,.... BARBARA J. BENDER. NOTARY PUBLIC DATE WW E. TITLE OF OFMER - E.M. WE DOE, N01ARY PvaLV personally appeared OWEN N. BROWN [ I 13 personally known to me - to be the person(91 whose narne(13�) i5/ ¢r subscribed to the within Instrument and 'acknowledged to me that heladRaWnT executed the same In his1t%vWt xak BAR RA J. BENDER.. authorized capacity(k)Q, and that by riC(7`ri"A. 1097138 y Ns/ X signalure(T) on tree instrument h `f�,1 MVIARV Puc.u.IC-CALIF o.`L A(I t'he person(Ig, Or the entity upon behan of uT C XsktEXP. JUL 13T200o~ wri} a person() acted. executed the ins, trurtient. Na of CAPACITY CWMEG BY SIGNI ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) [] PARTNER(S) ❑ LIMITEID ❑ GENERAL ATTO RN EY4 N-FACT ❑ TRUSTEE(S) ❑ GUARDIANlCONSERVATOR ❑ OTHER: SIGNER 1S REPRESENTING: 1"C OF PEIt S) CR ENMEIE31 SAF6CQ rNS2MKCs Catrj OF AMX RICA ATTENTION NOTARY: Ajl"h 11» Mrrns"r' INVRS144 blow ,t OPTIONAL, it oOuW p*vMH Ira. wIteil sflschmsnl of tM C60cals 10 AM unau7+ort sd dOGvmsnl THIS CERTIFICATE Title or Type of Document BID BOND MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages 1! Dale of Document 7-14-97, BIDS 7-1.6= Signer(s) Other than Named Agave DOTY BROS- EQUTE=,Ms VIM NATIONAL NOTA RY A SS OCIATION # 8228 R4PrnM#t A 1'e.. A.O. Box 7184 • C&vga Park, CA f e POWER OF ATTORNEY SAFECO� KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 No. 9164 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint NNNNNNNNNNNNNNNNNNNNNOWEN M. BROWN, Anaheim, CallfornlaNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN :ts true and lawful attorney(s)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this CERTIFICATE day of January , 1993 . Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (I) The provisions of Article V. Section 13 of the By -Laws. and (II) A copy of the power -of -attorney appointment. executed pursuant thereto. and (iii) Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I. R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 14th day of DULY . 19 97 -1300/EP 1/93 G) Registered trademark of SAFECO Corporation. +BIC CONTRACTORS BONGING AND INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That we, BNB ENGINEERING INC. BID BOND Call farina: 23172 Plaza Pointe Drive Suite 185 Laguna Hills, CA 92653 (714)770-9733 (800) 274-CBIC National (714) 770.9805 FAX Bond No. brJA Premium included in Bid Bond Service Undertaking as Principal, (hereinafter called the "Principal"), and Contractors Bonding and Insurance Company of Seattle, Washington. a corporation duly organized under the laws of the State of Washington, as Surety. (hereinafter called the "Surety"). are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE A ------- --------- — — — — --- nottoexceed TEN PERCENT OF THE TOTAL AMOUNT BID -------------------------------------- Doliars ($ 10% OF BID--------), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CITY OF HUNTINGTON BEACH FIBER OPTIC CABLE FROM GARFIELD AND HUNTINGTON STREET TO CITY HALL ON YORKTOWN, INVITATION N0. PN#17033. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the worst covered by said bid, then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and sealed this 1OTH C3254- I MM. 8.73 198717 'Printed in cocIvration with the Ameri m Inuit ie or Architects (A1A) by Conirwtot% Bonding and Inwrance Company. the Ir ruage chi% dLxnment conrrnmx exactly to the language used in A!A Dcrument A•310. Fr ry 1970 Edition I140 day of JULY D.19 97 BNB ENGINEERING INC. (Seal) Principal ..�� Title Surety: Contractors Bonding and Insurance Company BY DALE G. HARSHAW, Attorney-in•Fact Bnd.i W 1.02-CA411993 11. State of California County of San Diego ) On July 10 1997 before me, Tara Bacon, Notary Public, personally appeared Dale G. Harshaw, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WJTNESS my hand and official seal. -h TARA BACON COMM. 41132721 0 ." NOTARY FUELIOCALIFORNA vn SAN DIEGO COUNTY n My Commi.%Sion Expires ARIL 3. 2001 � - v v : .. •t, f..�. �,;rf:i. r3, 'r., '-s . .f• :LIMITED POWERQFATTCiiKEY:�`.'{' :x`' :r i x.,t .'f:.•i: : ti .4:• -ufr^.. :fi.•�}4 :i�;c-• Fy -yr-i.:�. t.- :;;�,':.:.: .;E''.6- +rr. rile 'f .fr;3• titi r.• •iv.` err tir.•h'v ''4' ... ,AEApCAREuu r. -V' C. A+CT'ORSBCNDNi0ANt7fh'Stf . C P' .r. , o-.• * x'�s.•:..•'.. •• 1 �' . '.: • . ti •:'. ax ..x�- O:YTA RA:fY ECOif AH1'iSAESPO(�t5i$tEA�fCYfOR�TfErOKQpESCA1EfpANDLIPTOTKAFAOUNTSEf.�RTHQ!-. ,F -THIS.09TEC POWER OF ATTORM. ANY ERASURE WILLVOID Tfts POWER 0ATTOWNEX 0-YOUNAVEANY OUEMMONSAIL OR 1NA,yT iD r •YERIFYTMtSPR A OR+I YCAItCAVT1IACTORS40NQ1lJG INSV)iANLirCCP�LyYyI,�GUNA}S1LEi,GL1fORNiA k: Psoil:lutR3 :.� i- "., V roilt; „* Attorne` Ne.'[:�(6 ': sPowerHo 'fe i 6 9 3 iY. :.. •'c•/.'; 6oad?]c: lFJ �. 4. '• x. ' ,:�::.,Ll�ha_.a Pvwsi of �[flnidr f?iD,,ii�i'.�7 �,''i?.- : r�....�.1 .Q�� ' • ... ,t . , r • . ;Da1eAp'prov�d:• � �-... -� 7 -� �/9 � �!• $ .' s� °. c er APprat+ed b . f ! Li r i. .} ° Bair. Marxa)i. i`A T• �"' .rt :i' .. ;. .• `'r' � ' blorex.arl `. ' --/k ` .'t• : .: M1't � K' •s. 1�+►�!.i ;,.1• r ,*..: ' i-'. •;. ;•�x; i . xi INC i Nam* it Principal. s.. ° .'s'' :�' $- e. `' r.: r • s;R :�. yin : tk,rtipl(ob(.} . M. . �.14. •� •~�` r''• :fit' r•S:•j..•f a:f-.. :tF'7• 'y.. Sh 3•v"{' .f.• '� •:L•. esortprApyitn.ii7•)? 1y,1�A+G+y=+rr'rlthehdbrSl..a bf rthw,prerrerT nwSkq ephhaeAtr ae1t U A L L Y . �R M �� 4! •••rry .rf.r d+.6.. aJ! A�� A V U� �a (+via/ ib pr;sip.t.lfio. e Ire w and W" dtervorw •6K wlh fur pwar rhd arthahtsh hereby sedwred a `reneh pea and Arai Is "tecak ackgooeadaa and d bwr lfhobar>drl dnoied abrw. and b bow M Acov" b.nby as tirlfyand b to aarhr ostrd as t rech suds bad was eipr+sd it ter fleeidhrd ssded eth tlhs aapxrat. fur at b. Carp@ y ad dr y ak.abd b iw rearaby, Irby Imim en1 seraarhw t d that to cud attarn�r / If , / 4 4 w the pwriaaa t;and ppeahsnrhl is nede under anal by autheniy d the tsb�w f rasafufiam sdapbd by Me pawl d Cnehn at CONTRACTORS 90KINQ AND NSUMMX COYPA) on 6 j RESOLItwthtlMPra.idanthardbon:.tiro.ppdM..,naMyM+.ctofm.eat.wALE G. HARSHAV withpower and adhaty to sign oa behalf of to Comleny those suwty bands "Rich rn.y hm mw to tee be epprsnd by Wm &&%Wit, in such Wit,rn, and "Varying torch sarhdArisna p HAY be approved by WnL Weir"raA I KWLM FURTN W the oech Power of Attorney mud sd forth the spsafic dmaiption d pro bond to which i ";pier, the name of the priripA the name of the abtgse, the pond oum, the bond eurnber fur" far. bid bond whom those Is na sunb"r), Me ker+lfyinD nonber of the onoreayla-fect,the idoxllfyirng number ofMe Power ofAttornex and Ma namaand signetwo of Wen, bilairtteiadk and may s.t forth the d"aagtion and amount d oddtisnd rensammm or catloterst.It snit 0641MG0 FURTHER that WR. I•airblaixop is outharued to adobiah a spec is aapiretioa dhb W the Power orAttornry and to ovediy that date Rom time to line to Wm. tiligir6w1atl a("" eacosoary In No Aber We discretion. the applicobr@ expi@llon dab to be dearly ad forth Ie any v -on Puser al Mone). RIMMYral)FURTHERtht,oiceplasdhends@prorid" n.iMbneedi"MyrmWIngmetutisgenderatcircumatenets%db(a)thecontract emeuhtfor any bid, prymKpolormence, or osmbindwa peyrnwnt end perfrmrxe band (u. o perfamo mm end Ph'"wd oblgtirn he one Hha bond is guaranbed by tfo Smar 11"fees Admi istotion9 (b) the pent sum of any bond not pusrodead by the Tiered Yuinws Adninatrarhon (other then a bid bond which h hrthor restricted by douse (on @used AM0.00D. and (c) a bid bond which Is not guenntood by the imtt auaisns Adminfdreton ba stecutedfhx a job where, IF the wMred Is overded.tM band penny on any perfumence bond, peynhud bend, or combination parfwmemo end payment bond ¢a.e penormnccs end pyarnt abigatlon bh Pee bad }arm) to be executed prrswni to tM bid band is to "tcard p,000,Qfa KODLYED FURTH ER Md the @bare named Attomeyisfed in grenlad power, @ndauMaigts erceedthe oppl'cabla Panel limits ad frth into inners at.ly precedxg resolution for eelbond in an ormunt ague( to fte amouhrf of any sd6tionar reinsurance or of any ash, Wbr of cost or 010W sawty W.6hod as coaatarer saurity by Ind Crnpony n womme nt to bm Mo bona to long as the dssaiptlss sad smound d oddklomf hoinsw+ce or roloterel am set forth in tM Powr d Artorney. RESOLVED FURTHER that the lush "of the Socrotary of the Cohnpsny to certify Me surhorticity and ofisctaanaoo of the fsrhgsieg resolutions in any Linked Power of Attorney Is hereby dolegsbd tote following pwsara; Me signstur@ d any d thetollowing to bind the Compon y uhith rosped loft suftnticily and dtaciimwe dtlastarogsing m,alations M if signed by the Ilwatary d ehe Cornporhy: Wrhh,♦i�ei lf"iadt. RESOLYWFURTHERthatthe signalumrac"iq Wficatim %at tfw Paso ofAmornalis old in force @ad effed) d WrrLlXsirWoix4&ad Notary Public. and Me corporate and Notary wails appearing on onyT.inhd Power of Aitorney containing this end tbefoeogoing mdutions as wall es Rho Tarried parr d A.•toraey Ise as rot on is Irensmissiom maybe try foaintils: and ouch Limied Power of Attorney andt be doomed an original is oil sopects RFSOLVEOFURTIfFRMat all 000ldions eeopted pow to k dayappaihNrq tM above Panned as efornor4 .bad for Nw Canpdnyow hereby superseded IN WITNESS IffNE.'IEgF,C fRACTORS ILONOM6 AND INSURAmet COIAPANV hew oressel *woo proserea to be signed by WrrL iteirV61mieft, and he owpora» sated to be hwato of red 00 �� %1 !! �Y 9 r CONTRACTORS IONDiNG AND INSURANCE COMPANY bar. Wm STAI pq 6 / 15 / 9 4 . Mors rrhe, Yolanda Z. Vega, a Notary Public In and for this Steve of California. County of Orange, personally appeared Wm Qlsir "mail personally known to me to be the parson who** ne rns to subscribed ao the with In Limitad Rower of Attomey and ac►nowbdg.! to rrs *set he ereCubed She aerra In No authorized cwpedtiee and that by this signna4re on Ind Lrmil.d Power of Atbm"ey C41C executed the Llmhod Power of ACwtayc IN WITNESS WHEREOF, I have h.reu o M eld n a at ix eery otfhei @wet a day and yow fist odor* wtitlem VflV►hdAZ.YiGA COLO& 0 101061A wev hdle — Cdtor"p�AhrGi Cd111t1r Z�& _,46. thdyCaren. LWWW tic 2.1"7 Note iie in end far of 6fomr, ding an irWrvs the undo•signod, ecdnq under scrthodry of the Board of ONeetare of CONTRACTOR *INC AND IN t:E CCU the hereby Pergffas, as or in Harr 4f Certtfiwtr of the SectaAaryof CONTRACTORS BONp1N4 AND INSURANCE COMPANY, t the show and fur rq i! a fuN, true and correct copy d the Original Power of Attorney issued by Mid Conpany. and des hereby further twiify That the Power of Attpmsy i. •tip in farce and effect. CNEN under my ha/ins, c;' this 10 day of J U L 19 91 AIt•YT(091996) ev3p—V� —97 10: 17A SHARP INSURANCE P.02 ?M-tDA t(MM*97 MORI). •- CERTIFICATE OYJN* SbRANCE g ,HL rfrorLCiR /1�, , A TMS CERTInCATE IS LSSUED AS A MATYER OF MO)LMATION OKEY- AND C.c[ /U, COINIM NO RIGM CPON Tm CERTIFICATE HOLDER. THIS CE3 TmcATE SHARP INSURANCE SERVICES, INC. DOES NOT A.MIUND, EXTEAID OR ALTER THE COVERAGE AFFORDED BY THE P.O. BOX 27018 raitatJ POLICIES BLOW. FRESNO CA 93729 93729 60a sd de COMPAME'S AFFORDING CO`IMAGE FRE=S FICA CPW 209.432.2544 f// 8l9 7 LrmR ,r A IHSiJRA.'r'CE COMPANY OF THE WEST COMPANY B FREHCNT COMPENSATION L4nMW �TTSR COMPANY C RELIANCE INSURANCE COMPANY BNB ENGINEERING, INC. �i D GENERAL SECURITY MANNA CONSTRUCTION CO.. INC. 2602 S. HALLADY SANTA ANA CA 92705 ; °","'' E COVFAAGI:S THL; IS TO CERT.FY THAT THE POIICI0 OP INSUPJL4CE ll= BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, HOTWn STANDING ANY REWMEMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMLNIT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T148 TERMS, EXCLUSIONS AND CONOMONS OP SUCH POLICIES. LIMITS SHOWN WAY HAVE BEEN REDUCED BY PAID CLAIMS. Ca Lft rTr:OPasLaLArcr POLICY NC7EB[>< p fMM/SWTY) D�ATI O�K'DWr1fl MUM • G0ML LL434M GMmAL AGGRE-OATS S 2.005.000 C X COMMERCIALCENCRALUOILMY SJ2672337 03/24/97 03/24/98 PRODwncoMPADPAm s 1.000.000 CLAIMS MADE X OCCUR. PERSONAL.AAVV.INJURY s 1.000,000 X owns-s a comACmR-s PRAT. 'XCU' COVERAGE IS INCL EACH OCCUR RENC! s 1,000,000 X CONTRACTUAL ME DAMAGE A"em be) s 50.000 X Sm FORM PO ►tED. Ex c•at w�,.. r�+Qo s ALT'OMORlLX LIAMM u s 1,C00,000 A X ANYALRO CWC1490602.00 , �C I''-03(24/97 03/24/98 rr�st�ct> ALL OWNEDALRW vRY : SCIIF:R.tlD AL.'rW • vloomyou X IMRFDAUTOS X 1ION4W"W AUTOS GARAGELLA2mrTY L , r.• '}toXneY . - PROPERTY DAMAGE s Exam ual rTY EACH OCCUILIEN" f , 0 57o ao D wilt uAPORAL GP50497 03/24/97 03/24/98 AGGREGAT! s3,000,000 X omit Mm L'Mss� � • rmm B Wft"Allcom a4woN UM7687689 01/01/97 01/01/98 trATVMRYUxrrs AND r VACISACCCE?cr S 1,000.000 t+aLDYSzs' LIABILITY. DtWAU-.Fo clrLJMrr S 1,000,000 �' ' '', ^, ^,- �''' . , DMEASE-EACH DRL.OYEE s 1.000, 000 C EQUIPMENT FLOATER SZ2006I 03/24/97 03/24/98 ALL RISK 1.289.370 $500 DED THE FOLLOWING JOB: FIBRE CERTIFICATE HOLDER CANCEI.I.ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOP, THE ISSUINO COMPANY WILL CI1V OF HUNTI%-M BEACH MA1130 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER HAMELI TO THE ITS AGENTS OFFICERS AND LEFTS 090W X 9 MXXOG]ISC4 CK=k0A,lCQRXX EMPLOYEES X�xdi�iixi�fbX:lir7EaX~3i7[XdI[�Yd(iicXX PO BOX 130 HUNTINGTON BEACH CA 92648 ALTHOaRlD RIPTEMWATM 'r',! = .0 • �{ ') ` JAFIES MOSTELL�EU &CII ACORD 19-S I7190l `� ' ACORD CORPORATION 1"0 SeP:25-97 10:17A SHARP INSURANCE ACCOUNT: POLICY NUNMER: i P.03 oh a w d- P%Ip/,7r CONDIERCIAL GENERAL LIABILITY BNB Engineering, Inc. SJ2672337 THIS ENDORSE,�NT CHANGES TtM POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONI TRACi'ORS (FORM B) TWS E%DORSESiE.%T MODffR:S NSLXk%;CE PROYIOEO MW M FOLto%V G CONBERCIAL GENERAL LiA}3ILI Y COVERAGE PART. SCHEDULE `KNIE OF PERSON OR ORGA&%'IZATION CITY OF M TINGTON BEACH ITS AGENTS OFFICERS AND EMPLOYEES iAA FIBRE OPTICS CABLE PROJECT #CC1049(PN17033) (IF NO EMY APPEARS ABOVE. LNTOPWATION REQUMED TO COMPLETE TMS E%DORESMtVT WILL BE SHOUN. LN THE DECLARATION AS APPUCABLE TO TIRE L%0ORSEA 4 4T- Ulm IS NsL'RED (SECTION W IS A.N111DED TO vCLUDE AS AN NSIlR,ED M PERSON OR ORCA.�ATION SHOWS'EN THE SCKEDt m BtrT my WITH RESPECT TO LAB:m ARISNO OL T OF 'YOUR WORK FOR THE MSt.`KM BY OR FOR YOU. PRDAAItY ENWRSE.4tENf SUBJECT TO ALL OTHER TELMS AND PROYLSIONS OF THE POLICY. SUCH Qt U ANCE AS PROVMED BY TKS LNDORESStENCSHALL BE DEF-%IXD FMARY. BUrONtY aTTH RESPECT TO WORK PER-FORISM0 By OR FORM NANMD INSURED(S}INCONNEC7M*TMTMASOVEDESCCRMEDtON7RAC7. ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED(s) SHALL BE EXCESS AND NON-CONTRIBUTING. . CGI010 DATE AeHORIZED SIGNATURE 1 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BNB ENGINEERING, INC. FOR INSTALLATION OF FIBER OPTICS CABLE (PN 17033) Z5A/n1 h S CC-1049 THIS AGREEMENT, made and entered into this day of A L) A ],CSC , 1997, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and BNB ENGINEERING, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the installation of fiber optics cable between City Hall and the Water Operations Building, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 1 jmp/k/pcd/bnb eng/8/8/97 However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 impWKdUb eng1M97 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A" ); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. QOMPENSMION 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 One Hundred Sixty One, Eight Hundred Forty -Five Thousand Dollars ($161,845), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within fourty-five (45) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 jmpWpcdlbnb engIM1197 a. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters conceming the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, fumish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in 4 ImpWpcdrbnb en4VS'97 writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the fob site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BOND CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement Including, but not limited to, any workmanship. installation, fabrication, material or r 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 5 Jmp&TrAbnb engIM'97 defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED_ DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY. as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay, and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes 6 ImP&PcdUb engMW7 beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 7 JmpWpcdUb enQ18.'8r97 12. DIFFERING ITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the fob site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an 8 jmpWpcdtnb enpV&^97 equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%900) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement f ' and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be'considered as a acceptance of any part of the work. 9 jmp,WpcdUb enpWM7 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION. DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, 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 10 Imp&1pcd'bnb eng18l8197 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. 19. WORKERS COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall fumish to CITY a certificate of waiver of subrogation ender the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection 1 '! impWpabnb engl8lB197 with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $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 $1,000,000. Said policy shall name CITY, its officers, and employees 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 CONSULTAN Ps insurance shall be primary. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified Without thirty (30) days prior written notice of CITY. CONSULTANT 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 CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12 JrnakVcdUb enfll&W7 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemment Code sections 1090 et seq. 13 jmp/k/pcd/bnb eng/8/8/97 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid In the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions, of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside 14 1mP&lPrA'bnb eVM7 the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEYS FEES In the event suit Is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 15 lmpWpcdtnb eng18W7 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. BNB ENGINEERING, INC. By: Steven R. Bieber, President By - Paul M. Bieber, Secretary REVIEWED AND APPROVED: a 2d vZ,gt4A fin. Cif Administrat 8r CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California ATTEST: City Clerk 119 7 APPROVED AS TO FORM INITIATED AND AP Director Pu 16 imp/k/pcd/bnb eng/8/8/97 ED: SECTION C PROPOSAL for the FIBER OPTICS CABLE from CITY HALL TO THE WATER OPERATIONS BUILDING PROJECT NUMBER: PN #17033 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEAIBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file -in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. - If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and «ill readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 1 MOBILIZATION LUMP SUM @ TWO HUNDRED- FIFTY Dollars $ 250.00 SKIMM NO Cents Per LUMP SUM 2 TRAFFIC CONTROL PLAN (SEE SPECIFICATION 1 SECTION 7-10.1) LUMP SUM @TWA' - TWO UDRED FIFTY Dollars $ 2250.00 $2250.00 NO Cents Per LUMP SUM 3 1 TRAFFIC CONTROL LUMP SUM @ EIGHTEEN-- HUNDRED Dollars $ 1800.00 $ 1800.00 NO Cents Per LUMP SUM 4 SAWCUT, COLDPLANE, EXCAVATION AND HAUL OFF 4200 OF SOIL PER DETAILS 2&3, SHT 7 OF CONST DWGS LF @ FIFTEEN Dollars $15.67 $ 65,814.00 - SIXTY- SEVEN Cents Per LF 5 FURNISH & INSTALL TWO 4 NCH UNDERGROUND 4200 CONDUITS & ALL APPURTENANCES LF @ . THREE Dollars $ 3.90 $ 16, 380.00 NINETY Cents Per LF 6 3 FURNISH & INSTALL PULL BOXES EA @ FIFTEEN HRJNDRED Dollars $1500.00 $ 4500.00 N0 Cents Per EA 7 FURNISH & INSTALL ABOVE GROUND CONDUIT & ALL 250 APPURTENANCES PER CONST DWGS LF @ NINETEEN Dollars $ 19.90 $ 4975.00 NINETY Cents Per LF 8 4750 FURNISH, INSTALL & TEST FIBER OPTICS CABLE LF @ THREE - Dollars $ 3.95 $ 18, 762. 50 NINETY- FIVE Cents Per LF 9 FURNISH, INSTALL & TEST 20 PORT, 10 BASE T FDDI 1 HUB EA @ EIGHT Ffl1V M THIRTY Dollars $ 830.00 $ 830.00 NO Cents Per EA C-Is 611797 15.43 714-374-1573 HB FMIC wMS PROJECT BED SCFEEDULE .PAGE 03 • tem Estimated Item with unit price ten No. Quantity written in words Unit Price Amount CONCRETE ENCASWEN7, SLURRY & PAVE Eta • 10 REPLACEEh-C PER DETAIL M. SHi' 7 OF CONST. 4195 DWGS. LF Nine dollars T?ollars S 9.10/1f. S 38,083. Ten cents Cents Per LF i 1 REPLACE.NUSCELLANEOUSCONCCM.CUrTERa f SIDEWALK LUMP SUM Three thousand Dolls,-s S3,000./ls S 3,000. no cents CM, Pcr LUMP SUM t2 KEPLACE V WIDE COKC. SWALE(S' DEPTFI) WITH STEEL 2 VOWELS EA Vj Twenty five bundred_ _Doll= $2.500. /ea S 5.000. no cents CC= Per EA 13 1 REPLACE nsc. GRA55, sox) do IRRIGATION SYSTat LUMP SUM Q Two hundred Dolly S 200. is S 200. no cents Ccats Per LUMP Sum Tctal Amount Base Bid in Figures: _ S 161,845.0 Tots! Amount Base Bid i.a Words: _ One hundred sixty one thousand eight hundred-fourty five dollars ------ DEDUCT ALTERNATE K ONE TO REPLACE SASE 80 14 ITEM R 101%7M CONCRM SLURRY & PAVE.41E:st REPLAC>r.ME.Vr PER DETAILS 2&3. SFTT 7 OF CO; ISr 4113 DWGS Li @ Nine dollars Pollan S 9.3911f S 32,227.1 thirty nine Ccats . Per LF Total Amount Base Bid less Deduct # One in Figures:. $ 122, 547.85 Ps Toni Amount Base Bid less Deduct # One in Words: One hundred twentv two thousand seven S 85 cents rive nunarea rourry C•2s t r If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bord in the amount of il6l.845.00 which said amount is not Iess than IO% of the aggregate of the total bid price, as required by the Notice Inviting Scaled Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received adder's Sig nature 37l�692�'- V I Y C 2 a ' LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion oJWork Name and Address of Subcontractor State License Number Class FIBER Full Spectrvn Comnications _ m 7231 GARDEN GROVE BLVD, SUITE L 450317 C-7 -- GARDEN GROVE, CA 92641 2I A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. s C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange s PAUL BIEBER , being first duly sworn, deposes and says that4ge is VICE PRESIDENT of BNB ENGINEERING INC. the party making the foregoing -bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine - and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any_ t 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, submitte hi bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid ___ PAUL BIEBER_ Name idder Signature of Bidder 2602 S. HALMY ST. SANTA ANA, CA 92705 Address of Bidder Subscribed and sworn to before me this 9th day of July 1997 . ' DAN M LA BORIE r Corn nlsstan # 1045331 *�My Notary Pubk — CaliforniaOrange County NOTARY PUBLIC VV� . � c°mn'. E Nov 20• 199s NOTARY SEAL 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 FIBER OPTICS CABLE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is famillar 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: 7/1 /97 BNB ENGINEERING INC. Contractor By Paul M..Bieber 8jQV,4fflqqVA0Vice President Title C-3 DISQUALIFICATION QUESTIONNAIRE In accordance -with Government Code Section 1431b.5, the Bidder Shall complete, under penalty ofperjury, the following questionnaire. QUESTION-CNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 5 No •' If the answer is yes, explain the circumstances in the space provided. Tote: 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 coritract 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: 7/1/97 BNB ENGINEERING INC. Contractor By Paul M. Bieber 10 VICE PRESIDENT Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER' (To be completed only by the awarded Contractor'prior to excavation) No excavation will be permitted until this form is completed and retumed to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1.-800-422-4133 a minimum of two working days before scheduled excavation. f Dig Alert Identification Number: 6508 FAIR Ea]GI�I�ERING IX, Contractor f By Paul M. Bieber VR==dW Vice President Title Date: 7/1/97 Vote: • This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: BNB EI'GNEEMING INC. Bidder Name 96MZ MI I MAY VRF 7 - - Business Address SWR AM, CA - 92705 City, State Zip ( 714 ) 641 3745 Telephone Number LIC # 620582 (A/!K ) State Contractor's License No. and Class MAY 1991 Original Date Issued Expiration Date The work site was inspected by BOB MANNING of our office on 7 1 , 1997. The following are persons, firms, and corporations having a principal interest in this proposal: BNB ENGINEERING INC. FRILL SPECTR.M CCKNICATICNS - - - - - C-9 - - - The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Signature otbidder PAUL BIEBER Printed or Typed Signature Subscribed and sworn to before me this day of 111997. DAN 1KVL LA BORE .� • • • 1-tltrk.r v • • - Nov.1 .1998 _�.;_ NOTARY PUBLIC — NOTARY SEA1- 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 • CITY OF R rINGT(1`l BEACH Name and Address of Public Agency - Name and Telephone No. of Project Manager: JERRY MICHALLA 270,771.00 Si0Po+4 DRAIN Contract Amount Type of Work Date Completed 2. CITY Cf HKINGTCN BEACH Name ?-:d Address of Public Agency 3. Name and Telephone No. of Project Manager: 15,973.00 - Contr? :t Amount WATER Name r -d Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed C-10 - SECTION A 7I31q-1 -,;- 71ec147 r-04.j �'[I-t jq, NOTICE INVITING SEALED BIDS -e- for the FIBER OPTICS CABLE PROJECT NUIMBER: PIN 417033 in the CITY OF HUN'TINGTON 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 2:00pm ono 9; 1997. Bids will be publicly open in the Council Chambers unless otherwise posted. ZILjl� �Sr OF Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $10.00 nonrefundable fee if picked up, or payment of a $20.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem «ages for each craft, classification or type of %vorkman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contact. N'o bid shall be considered unless it is prepared on the approved Proposal forms in conformance ,-vith the instructions to Bidders. A -I Y r' The bid must be accompanied by a certified check, cashier's check, or bidders bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the J9eh day of Ml 1997. Ito Jt.• Attest: Fese Connie Brockway .. CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 2. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the FIBER OPTICS CABLE and Project Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals mill not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and tiffs full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. 8-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BID" for I FIBER OPTICS CABLE in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one propos :, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each- subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the sob. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the Iabor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsive/responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to uml e any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. This project contains one deductive bid alternate. In the determination of the lowest responsive /responsible bidder, the Agency reserves the right to decide whether the base bid or base bid plus 8-3 deduct alternate is used. The determination of the lowest responsivelresponsible bidder will be based upon the lowest total amount for either the base bid or the base bid plus deduct alternate. The decision to use the base bid will be determined on vvhether the lowest bid received is lower than the engineers estimate. If the bids received for the base bid are greater than the engineer's estimate for the base bid alternate the Agency «'ill than select the lowest bid amount submitted for the base bid plus deduct alternate. 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee «rill be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard , • ' Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of nareement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder «ill be required to furnish the necessary bonds and insurance to the AGENCY -%ithin 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Questions to the Engineer SECTION C PROPOSAL for the FIBER OPTICS CABLE from CITY HALL TO TIIE '%N ATER OPERATIONS BUILDING PROJECT NUMBER: PN #17033 in the CITY OF 11UNTINGTON BEACII TO THE IIONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all- labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the -work within 30 %vorking 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 «ith AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the .purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY «ill reject all bids and %-,-ill readtiertise the project, In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. y , PROJECT BID SCHEDULE r Item Estimated Item Nt11 unit price Extended No. Quantity written in words Unit Price Amount 1 1 MOBILIZATION LUMP SUM Ca, Dollars S S Cents Per LUMP SUM 2 TRAFFIC CONTROL PLAN (SEE SPECIFICATION SECTION 7-I0.1) LUMP SUM (a@ Dollars S S Cents Per LUMP SUM 3 1 TRAFFIC CONTROL LUMP SUM C Dollars S S Cents Per LUMP SUM a SAWCUT, COLDPLANE., EXCAVATIONIAND HAUL OFF 4200 OF SOIL PER DETAILS 2&3, SHT 7 OF CONST DNWGS LF @ Dollars S S Cents Per LF FURNISH & INSTALL TWO 4 INCH UNDERGROUND 4200 CONDUITS & ALL APPURTEN& ANCES LF a Dollars 5 S Cents Per LF 6 3 FURNISH & INSTALL PULL BOXES EA cr' Dollars S $ Cents Per EA 7 FURNISH & INSTALL ABOVE GROUND CONDUIT & ALL 250 APPURTENANCES PER CONST DWGS LF @ Dollars S S Cents Per LF 8 4750 FURNISH, INSTALL & TEST FIBER OPTICS CABLE LF @ Dollars S S Cents Per LF 9 FURNISH, INSTALL & TEST 20 PORT, 10 BASE T FDDI I HUB EA C Dollars S S Cents Per EA C-1s PROJECT BID SCHEDULE Item Estimated Itemwithunit price Extended No. Quantity written in words Unit Price Amount CONCRETE ENCASEMENT, SLURRY & PAVEMEIT17 10 REPLACEMENT PER DETAIL 253, SHT 7 OF CONST. 4185 D% GS. LF rr Dollars S S Cents Per LF REPLACE MISCELLANEOUS CONC. CURB, GUTTER & 11 1 SIDEWALK LUMP SUM a Dollars S S Cents Per LUMP SUM 12 REPLACE & WIDE CONC. SWALE(8- DEPTH) WITH STEEL 2 DOWELS EA a Dollars S S Cents Per EA 13 1 REPLACE MISC. GRASS, SOD & IRRIGATION SYSTEM! LUMP SUM a Dollars S S Cents Per LUMP SUM Total Amount Base Bid in Figures: S Total Amount Base Bid in Words: DEDUCT ALTERNATE #ONE TO REPLACE BASE BID 14 ITF-M # 10 WITH CONCRETE SLURRY & PAVENIEN7 REPLACEh1ENT PER DETAILS 2&3, SHT 7 OF CONST 4185 DWGS LF a Dollars S S Cents Per LF Total Amount Base Bid less Deduct # One in Figures: $ Total Amount Base Bid less Deduct # One in' Words: G2s 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 S which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any. Addenda No. Date Received Bidder's Sigmature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Jyork Name and Address of Subcontractor State License Munber Class By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly swom, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any ' other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or • to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , I99 NOTARY PUBLIC NOTARY SEAL C4 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 FIBER OPTICS CABLE, (I)(wc)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, isfamiliar 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: Contractor Title GS DISQUALIFICATION QUESTIONNAIRE In accordance with Govemment Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑Yes ❑No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date; I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for ivorkees compensation or to undertake self- insurance in accordance %vith the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor Title f C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. Contractor Title Date: Note: This form is required for every Dig Alert Identification ]Vumber issued by U.S.A. during the course of the Mork Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION 13IDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on , 199`. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 r The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perforce the contract for the proposed work and improvements in accordance with the plans and specifications set forth. - Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this— day of , 199 . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work %%ithin the past two years: I. 2. C3 Name and Address of Public Agency r Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency NNTame and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 r J. FAT 2000 MAIN STREET P.O. BOX 190 CAUFORNIA 92648 Public Works Department - Street Design Division Telephone: (714) 536-5431 Fax: (714) 374-1573 DATE: 6/16197 TO:City Clerk LETTER OF TRANSMITTAL PROJECT -.Fiber Optics Cable CC NO:PN17033 ATTENTION:Connie Brockway FROM: Tony Folaron SUBJECT:Project Advertisement in the Local Daily Pilot ElVe are forwarding: [:]By Mail ❑By Messenger ❑By Blueprinter Item No Copies Pages Description 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 Status: ®Final Preliminary Revised Approved Released Reviewed Sent for your: Approval oSignature ®Use File Information Review Please Nate: []Revisions Additions ❑Deletions Corrections Not for_CpRY= Remarks: Please advertise for three consecutive Thursd { cc: 2 / file# 26055.01 l innine 6/19/97. City Clerk's Office -- Records Division He Guide -- New and Msting Files I Cateitory __ I . Label I Meetine Date: I [wjfu intfn 5 > (Aipba) (Nunfdc) I cc-* Re- Existin Fite: t New Fife - See: After File Folder is Completed, please check here ❑ and return this fonn to Evelyn. Cc- /00 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a 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 Malley issues of said newspaper to wit the issue(s) of: June 26, 1997 July 3, 1991 July 10, 1997 I declare, under penalty of perjury, that the foregoing is true and correct. ExeCULed on ' July 10, 1997 at Costa Mesa, California. Wo ME Signature 60 ,�g� I �� PUBLIC NOTICE SECTION A NOTICE INVITING 'SEALED BIDS for the FIBER OPTICS CABLE PROJECT NUMBER: . PRO17033 In the CITY OF HUNTINGTON REACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY. In. vites sealed bids for the above stated projects and will receive such bids In the office of the City Clerk, Second Floor, 2000 Main Sheet, Huntington leach, California 92648, up to the hour of 2:00 PM on JULY 18, 1997. Bids will be publicly open In the Coun. 09 Chambers unless other. +rise posted. I.Coples of the Plans, 3pecificalions. and -con. [Fact documents are avail. able from the Office of the ]ireclor of Public Works, ?000 Main Street, Hunling- on Beach, CA 92646. upon )ayment of a $10.00 rlonre. undable fee If picked up, rr payment of a $20.00 ionrefundabie fee If nailed. !Any contract entered into Pursuant to this notice will ncorporate the provisions if the State Labor Code. 'ursuant to the provisions if the Labor Code of the ;tale of California, the min. num ptevatting rats of per liem wages for each Craft, lassification or - type - of rorkman needed to ex. Cute the Contract shall be hose determined by the iireclor of Industrial Aeta. ons of the State of Califer- ia, which are on file at the ltfice of the Director of lublic Works, 2000 Main treet. `Huntington Beach, ICA 92648. - - The AGENCY will deduct a 10% retention from all .progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention ;In accordance with the pro- visions of the California Government Code, Section 4590. The Contractor shall be benef,cSal owner of the surety and shag receive any interest thereon. The AGENCY hereby al- fumativety ensures that mi- nority business enterprises will be ,Horded full Op- portunlly to submit bids In response to this notice and will not, be discriminated against on the basis of race, Color, national origin, ancestry, seat, or religion In any consideration leading to the award of contract. No bid shall be consid- ered unless It Is prepared on the approved Proposal forms In Conformance with the Instructions to Bidder. The bid must be ac- companied by a certified . check. Cashier's Check, or bidder's bond made pay- able to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed In accordance with provisions of the Busl: mess and Professions Code and shall possess a State Contraclor's License Class at the time of the bid open- ing. The successful Con- IraClor and his subcontrac- lors will be required to pos- sess business license from the AGENCY. The AGENCY reserves the right to reject any or all Olds, to waive any Irregular. ity and to take an bids under advisement for a maximum period - of 60 BY ORDER of the CITY :OUNCIL of the CITY OF IUNTINGTON BEACH, :ALIFORNK the 16TH day it JUNE 1997. - . Attest: Connie Brockway, City 'Ierk, 011ie* of the City aerk, CITY OF NUN• rINGTON BEACH, P.O. 3ox 190-2000 Main Street, Huntington 3each, CA 92648. . Published Huntington 3each-Fountain Valley In- lependent .tune 26. July 3, 10, 1997. - - - 064.887 COPY TO: TA31h-Y GENEIL CC-1 bq9 PN 17033 July 16, 1997 2:0 0 PM Engineer's Estimate: $100,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Allsup Co 2. Arizona Pipeline 3. BNB Engineering I 1 U-z 4. Doty Brothers .3 .? 3 F. 5 s 5. Fibertron G. Sim J. Harris Co. 2 4v 7. Integrated Solutions 8. Lynch 9. SECC Co . 10. Mel Smith Electric S 19898 Pe 3 85 a5 71 RECEIVED VITY CLERK CITY 3r HUNTING S r. iC ; �ICALIF. JUL { G 2 01 Ph '97 e- Gj,� DPW Council/Agency Meeting Held:_ Deferred/Continued to: ❑ Condit Council Meeting Date Et Denied June 16, 1997 J " City Clerk Signature Department ID Number: PW 97-031 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL_ MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministratorL-�� PREPARED BY: LES M. JONES 11, Director of Public Works s� SUBJECT: Fiber Optics Cable from the Civic Center to the Water Operations Building, PN 17033 f Authorization to Advertise 4KA CC —I o`l' I Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Statqs, Attachmenttsr 1 Statement of Issue: The plans and specifications for the Fiber Optics Cable from the Civic Center to the Water Operations Building are complete and ready for approval and project bidding. Funding Source: Water funds have been budgeted for this project in FY 1996/97. Recommended Action: 1. Approve the project plans and specifications and authorize the Director of Public Works to solicit bids for the construction of the Fiber Optics Cable from the Civic Center to the Water Operations Building; PN 17033, and 2. Approve the attached sample contract, subject to award of the contract to the lowol responsivelresponsible bidder. ^� o E! m r -4 n Alternative Actions : ca :-; C { W XO Cancel the construction project and direct staff to find other alternatives. z, r . CIO -n REQUEST FOR COUNCIL ACTION MEETING DATE: June 16,1997 DEPARTMENT ID NUMBER:PW-97-031 Analysis: The consultant, Enersource Engineering, has completed the design for the project which consists of constructing a fiber optics communication line between the Civic Center and the Water Operations Building. The project is necessary to establish a better voice and electronic data communication link between a satellite city building and City Hall„ The technical elements of the project were reviewed with General Telephone(GTE). They suggested that our current approach is the most cost-efficient one. The Public Works' Commission has been appraised of the purpose of the project, the technical parameters of. the project and recommends advertising the project. The engineer's estimate for this project is $120,000. Environmental Status: The project has been reviewed and determined to be categorically exempt pursuant to Section 15301 (c) of the California Environmental Quality Act. Attachment(s): 1. Project Location Map 2. Sample Contract LMJ:ERC:gd 0025100.01 -2- 05127/97 5:28 PM ATTACHMENT 1 0019517.01 tea' S a� �P C � BOLSA AVE. O In Sn (n (Vn W co k1c FADDEN AVE. r N AVE. 2�EDINGERa J W (A N a HEIL a a a AVE. cc z o O r= (aj1 0 z a a 3 - O WARNER v' W o AVE. SLATER AVE. Not to Scale 405 PACIFIC ,o TALBERT AVE. '9 OiC� ELLIS AVE. Water Div. Bldg. `. Subject Project GARFiELD AVE. Fiber Optics Line n N Length 4150ft. c �� zYQRK V AVE. O '1 ADAMS AVE. �- N qti�+ INDIANAPOUS AVE. Y q ATLANTA< a 5 = AVE. o V W z ca 21 m City Holl � FIAMILTON AVE. BANNING AVE. OCEAN Fiber Optics Installation Project; PN--1 7033 Project Location Map CITY OF HUNTINGTON BEACH � 4/23/97 DEPARTMENT OF PUBLIC WORKS Q\ACAD\PN17033\17033LCC.DWC Emoo 7 t-. / ATTACHMENT 2 0019517.01 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR INSTALLATION OF FIBER OPTICS CABLE FROM CITY HALL TO THE WATER DIVISION BUILDING (PN 17033) THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as installation of fiber optics cable from the City Hall building to the Water Division building, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall furnish. at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, SAMPLE AUTOTEXT r 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 bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown: and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Sid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the some were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate In part or in any way, directly or indirectly, to the work covered by this Agreement. AUTOTEXT "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 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 of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition: of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at Its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made 3 SAMPLE AUTOTEXT under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ }, as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within () consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 4 SAMPLE AUTOTEXT 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work. services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 SAMPLE AUTOTEXT 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY s acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 6 SAMPLE AUTOTEXT 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 Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work In excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. 7 SAMPLE AUTOTEXT Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made Unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly Investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this 8 SAMPLE AUTOTEXT Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed In the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. if the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 9 SAMPLE AUTOTEXT When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50M or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated Int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement. CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in 10 SAMPLE AuToYEXT connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE • Pursuant to Calrfomfa Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars (S100,000) bodily injury by disease, each 11 SAMPLE F1ul"* Cf-A-1 employee, Two Hundred Fifty Thousand Dollars (S250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE . In addition to the workers compensation insurance and CONSULTANTs covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage In not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $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 $1,000,000. Said policy shall name CITY, its officers, and employees 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 CONSULTANTS insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self -insured retention. or a 'deductible' or any other similar form of limitation on the required coverage. 12 SAMPLE AUTOTEXT 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall fumish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing Insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified Without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage Is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONSULTANT 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 CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONSULTANTS insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or 13 SAMPLE AUTOTEXT makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the , resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF_PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq. 14 SAMPLE AUTOTEXT 26. STOP NOTICES` RECOVERY OF_ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shalt be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery Is to be made, at the place of business of such party, or to any other place designated in writing by such party. . 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 15 SAMPLE 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work Involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. . 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attomey's fees. REST OF PAGE NOT USED 16 SAMPLE AUrOTEXT 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto. set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/PresidentNice 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: 0. 2TIATED City Attorney AND APPROVED: 4)v�' Director of Public Works 17 SAMPLE AU"rOTEXT Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR INSTALLATION OF FIBER OPTICS CABLE FROM CITY HALL TO THE WATER DIVISION BUILDING (PN 17033) TABLE OF CONTENTS Pare No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 S. BONDS 5 S. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY FEES 15 32. ENTIRETY 15 SAMPLE City Clerk's Office -!, Records Division -- File Guide New .files E- g After File Folder ,is Completed, please check here 0 and return this form to Evelyn. Council/Agency Meeting Held: 97 Deferred/Continued to: Fo�;Aq , al,Approved ❑ Condflionally Approved 0 Denied 6oa to }� , , City erk's Signature Council Meeting Date: May 19, 1997 Department ID Number. PW 97-031 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr Tr PREPARED BY: LES M. JONES II, Director of Public Works SUBJECT: Fiber Optics Cable from the Civic Center to the Water Operations Buildina: PN 170331 Authorization to Advertise Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Enro ntal Status. Attachment( >04 Statement of Issue: Enersource Engineering has completed the plans and specifications for the Fiber Optics Cable from the Civic Center to the Water Operations Building, Project Number 17033. These plans and specifications are ready for approval and project bidding. Funding Source: Water funds have been budgeted for this project in FY 1996/97. Recommended Action: 1. Approve the project plans and specifications and authorize the Director of Public Works to solicit bids for the construction of the Fiber Optics Cable from the Civic Center to the Water Operations Building; PN 17033; and 2. Approve the attached sample contract, subject to award of the contract to the lowest responsive/responsible bidder. Altemative Action(s): Cancel the construction project and direct staff to find other alternatives. REQUEST FOR COUNCIL ACTION MEETING DATE: May 19, 1997 DEPARTMENT ID NU M B ER: PW-97-031 Analysis: The consultant, Enersource Engineering, has completed the design for the project which consists of constructing a fiber optics communication cable between the Civic Center and the Water Operations Building. The project generally consists of constructing a fiber optics cable and conduit along Yorktown Avenue starting at the Civic Center to the Water Operations Building on Huntington Street. This fiber optics cable will not only increase the current capacity but allows for future expansion, between the Water Operatioins and the Civic Center, for the next 20 years The project is necessary to establish a better voice and electronic data communication link between a satellite city building and City Hall. Currently the data link through the phone lines has been prone to failures causing disruption in the Water Division's meter billing capabilities. These disruptions have delayed the Municipal Services billings from being sent on a bimonthly basis. The engineer's estimate for this project is $120,000. Environmental Status: The project has been reviewed and determined to be categorically exempt pursuant to Section 15301 (c) of the California Environmental Quality Act. Attachment[sl• 1. Project Location Map 2. Sample Contract City Clerk's Page Number LMJ-.ERC:gd 0025100.01 -2- 05/07197 1:32 PM ATTACHMENT 1 0019517.01 C Subject Project Fiber optics Line Length 4150ft. City Hall Not to Scale Water Div.' Bldg. Fiber Optics Installation Project; PN-17033 Project Location Map CITY OF HUNTINGTON BEACH 4/23/97 DEPARTMENT OF PUBLIC WORKS G:\AGAD\PN17033\17033LOC-DWG NB n .0 ATTACHMENT 2 0019517.01 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR INSTALLATION OF FIBER OPTICS CABLE FROM CITY HALL TO THE WATER DIVISION BUILDING (PN 17033) THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as installation of fiber optics cable from the City Hall building to the Water Division building, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, SAMPLE AUTOTEXT 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 stipulates} to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF_CONDITIONS 9F WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 2 SAMPLE AUTOTEXT C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bird 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 3 SAMPLE AUTOTEXT under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 4 SAMPLE AUTOTEXT 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed Is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 SAMPLE AUTOTEXT 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and ail payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 6 SAMPLE AUTOTEXT 11. LQUIDATED 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 Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. 7 SAMPLE AUTOTEXT Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR its not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly Investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this 8 SAMPLE AUTOTEXT Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 9 SAMPLE AUTOTEXT When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment. if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16, AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid In full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in 10 SAMPLE AUTaTEXT connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17, WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION. DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY In enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars (S100,000) bodily injury by disease, each 11 SAMPLE AUTOTEXT employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $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 $1,000,000. Said policy shall name CITY, its officers, and employees 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 CONSULTANT's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 12 SAMPLE AUTOTEXT 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall famish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONSULTANT 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 CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONSULTANT's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or 13 SAMPLE AUTOTEXT makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemment Code sections 1090 et seq. 14 SAMPLE AUTOTEXT 26. STOP NOTICES' RECOVERY OF ADMINISTRATIVE COSTS CITY shalt be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All novices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 15 SAMPLE AUTOTEXT 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEra FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 16 SAMPLE AUTOTEXT J 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/PresidentlVice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator AUTOTEXT CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: \A6 City Attorney ' INITIATED AND APPROVED: Director of Public Works 17 SAMPLE Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR INSTALLATION OF FIBER OPTICS CABLE FROM CITY HALL TO THE WATER DIVISION BUILDING (PN 17033) TABLE OF CONTENTS page -No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS 1N ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NOWASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY FEES 15 32. ENTIRETY 15 SAMPLE J� �7 RECEIVED M ] M (�j� ]� M �] CITY CLERK un or HMII !! Il �fl ll V Il �l] U DUO U HUNTING T I Y OF ['_!F. 2000 MAIN STREET P.O. BOX 190 CALIFORNIA 92648RAT 20 8 08 AH '97 Public Works Department - Street Design Division Telephone: (714) 536-5431 Fax: (714) 374-1573 LETTER OF TRANSMITTAL DATE: 5/20/97 City Clerk (for publication in the Local Daily Pilot) FROM: Tony Folaron SUBJECT:Project Advertisement lolVe are forwarding: MBY Mail PROJECT:FIBER OPTICS CABLE PN:17033 MBY Messenger MY Blueorinter Item No Copies Pages Description 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 Status: ®Final Preliminary []Revised []Approved []Released []Reviewed Sent for your: []Approval (]Signature ®Use ❑File []Information Review Please Note: ❑Revisions ❑Additions ODeletions Corrections [3Not for Construction Remarks: Please Advertise for three consecutive Thursdays beginning 5/22/97. cc: file# 17033 25040.03 • Jj HUNTINGTON BEACH From the desk of 00 143 '15/ /0L A-e O City of Huntington Beach P. O. Box 190 - 2000 Main Street Huntington Beach, Califomia 92648 Connie Brockway, CMC City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 111 � IT mm) UTY Or HMHTMQT0H UM 2000 MAIN STREET P.O. BOX 190 CALIFORNIA 92648 Public Works Department - Street Design Division Telephone: (714) 536-5431 Fax: (714) 374-1573 LETTER OF TRANSMITTAL DATE: S112197 City Clerk (for publication in the Local Daily Pilot) FROM: Tony Folaron �� SUBJECT;Pro ject Advertisement MWe are forwarding: MBy Mail PROJECTOBER OPTICS CABLE PN:17033 nBy Messenger nBy Blueprinter Item No Copies Pages Description I 1 2 Notice Inviting Sealed Bids 2 3 4 5 Status: ®final ❑ Preliminary []Revised []Approved ❑Released []Reviewed Sent for your: ❑Approval ❑Signature ®Use ❑File ❑Information []Review Picase Note: []Revisions []Additions ❑Deletions ❑ Corrections ❑Not for Construction Remarks: Project will be a22roved Ma 19, I997 with plans and s ees available on the 20th. Please arrange to advertise. cc: file# 17033 2SD40.03 - .0 SECTION A NOTICE INVITING SEALED BIDS for the FIBER OPTICS CABLE PROJECT NUMBER: PN #17033 y 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 2:00pm on June 19, 1997. Bids will be publicly open in the Council Chambers unless othenvise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $10.00 nonrefundable fee if picked up, or payment of a $20.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each crafi, 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 4S90. The Contractor shall be beneficial o,Amer of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-i 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 Contractors License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 19th day of May 1997. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION C PROPOSAL f for the FIBER OPTICS -CABLE from CITY HALL TO THE WATER OPERATIONS BUILDING PROJECT NUMBER: PN #17033 ' in the CITY OF HUN'TINGTON BEACH TO THE HONORABLE MAYOR AND hIEAIBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all- labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the followng prices. The undersigned agrees to complete the work %vithin 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents:- "If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or 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 %rill result in forfeiture to AGENCY of the _uaranty 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 Jump sum prices bid include -a11 appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY «ill 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. . 1W PROJECT BID SCHEDULE Item Estimated Item wltg unit price E xtEnd e No. Quantity written in words Unit Price Amount I 1 MOBILIZATION LUMP SUM TWO HLNTEU-• FIFTY oallars S 250.00 S MW NO . Cersts Per LUMP SUM 2 TRAFFIC CONTROL PLAN (SEE SPECIFICATION 1 SECTION 7-10.1) LUMP SUDS @TWENTY -- TW Ind M FIFTY Dollars S 2250.00 52250.00 ND Cents Per LUMP SUM 3 1 TRAFFIC CONTROL LUMP SUM (a�- EIGffEEN-" WMM Dollars $1800.00 S ]SOD. OD NO Cents Per LUMP SUM 4 SAWCUT, COLDPLANE, EXCAVATION AND HAUL OFF 4200 OF SOIL PER DETAILS 2&3, SHT 7 OF CONST DWGS LF @ FIFTEEN Dollars S 15,67 S 65,814.00 SIXTY— SEVEN Cents Per LF - 5 FURNISH &- INSTALL TWO 4 INCH UNDERGROUND 4200 CONDUITS & ALL APPURTENANCES LF @ . Trfa Dollars S 3.90 S 16, 380.00 NINETY Cents Per LF 6 3 FURNISH & INSTALL PULL. BOXES EA @ FIFTEEN Dollars S 1500.00 S 4500.O0 NO, Gents Per EA FURNISH do INSTALL ABOVE GROUND CONDUIT & ALL 3S0 APPURTENANCES PER CONST DWGS LF @ NINETEEN Dollars S 19.90 S 4975.00 NINETY Cents Per LF 8 47SO FURNISH, E IS_TALL &'TEST FIBER OPTICS CABLE LF @ ZHREE Dollars S 3.95 - S 18� NINETY— FIVE Cents Per LF FURNISH, INSTALL & TEST 20 PORT, t0 SASE T FDDI I HUB EA @ EIGt•II' MUM THIRTY Dollars S 8X.00 S SM.00 No Cents Per EA C IS V1997 15:43 7i4-374-1573 10 PuLLIC WMS PAGE 03 PROJECT BID SCHEDULE iem Mimated licin wig unit price tea No. Quantity written In vmrds Unit Price Amount CONCRZTE ENCAS1rJvIENT, SLL)RRY & PAVF-% .4T 10 REPLACENS-NT PER VCTAM 2d3. Slit' 7 OF COXST. 4185 DW GS. LF Dine dollars Dollars S 9.10/1f. S 38,D83. Ten cents Crass Per LF 11 REPLACE %USCELIANEOUS CONC. CURB. GULTER 8 I SIDEWALK LTjW SUM Three thousand Doors ss3,000./ls S 3,000. no cents Ccn13 Pcr LUMP SUM 12 FLEPLACE 8' WIDE CONC. $WALE S- DEM) WITH STEEL. 2 DOWELS EA ft Twenty fiv DoI1= SL 50-do S _ 5000_ no cents Ccu Per FA 13 l REPLACE .%USC. GRASS. SOD do MRI6ATIO4 SYSTEM LUMP SU.M Q Two hundred Do11= S 200. is S 200. no cents Cam, Pa LUMP SUM Total Amount Base Bid in Figures: a 161,845.01 Total Amount Base Bid in Words, One hundred -sixty one thousand eight hundred fourtZ five dollars ---- DEDUCT ALTERNATE N O� TO REPLACC BASE BID 14 rrEM # I Q V67TH CONCR= SLURRY & PAV$AgNT REPLACEMMT PER DETAILS 2&3, Slit 7 OF COYST 4115 DUIGS LF 11ine dollars _ ___ _DO1Lit7 S 9.39 lf. S_ 93 22�.1 thirty nine -_ _Cents Per LF Total Amo=t Base Bid less Deduct 9 One in Figures: _ S 122, 547.85 S f Total Amount Base Bid less Deduct # One in Words: - On hundred twenty two thousand �I�x� seven & $S cents 0 4/4. 141-"l ive J1U110TeQ C-2s If awarded the Contract, the undersigned agrees that in the event of the BIDDER`S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null, and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of t161.845.00 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any; Addenda No. Date ReceivedBidder's Sig Hature .0,1 C-z i LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work- to be done by such subcontractor. Portion of Mork Name andAddress of Subcontractor State License Number Class FIR Full Spectrum Omminications 7231 CAN EU NA SUITE L 450317 ir7 -- - GVM CANE. CA 92641 win By submission of this proposal, the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. r G-3 y,. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED NVITH BID State of California ss. County of Orange : _PALL BIEBER _ being first duly sworn, deposes and says thato��.�e is VICE MIDDIT of 9.13 ENGINEERING INC. .-.the-party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that, the bidder has not directly or indirectly induced or solicited any. . T 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, submitte hi bid price of any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or • to any member or agent thereof to effectuate a collusive or sham bid. PAUL. 8IEBER . Name idder cf_ Signature of Bidder 26o2 S: IWL1.AI y ST:' 9t rA Am k CA 92705 Address of Bidder Subscribed and sworn to before me this 9kh day of . July , I99 7 . DM M to WOE Cortmtuton i 104WI -�i HotorYRsWc—Ca�torsVa 0=09 County NOTARY PUBLIC fts r zQ ins NOTARY SEAL C4 UTILITY AGREEMENT 1101NORABLE MAYOR ANT CITY COUNCIL CITY OF IIUNTINGTO`' BEACH, CALIFOILNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FIBER OPTICS CABLE, (I)(we)(it) «ill employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7/1/97 RS ENGINEERING INC. - _ — Contractor llr MM By Paul M.--Bieber Dr,YMjtNAWN Vice President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 13 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 %%ill comply with such provisions before commencing the performance of the work of this contract. Date: 7/1/97 Ca BNS ENGINEERING INC. Contractor Bil56C]dA�l'll� � By Paul M. Bieber 0119ffftMWM VICE PRESIDENT Title r 0- UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. DigAtert Ident fcation Ntinrber: 655318 _ MIR ENGINEERING INC. Contractor By Paul M. Bieber BFJMM)RbM Vice President Title Date: 7/1197 Note: - This farm is required for every Dig Alert Identification Number issued by USA. ditring the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: BNB ENGINEERING INC. Bidder Name 9Fm g, Key t ArAY MFFT Business Address ' SWrA M. CA 92705 City, State Zip ( 714 ) 641 3745 Telephone Number LIC # 620582 WHAZ ) State Contractor's License No. and Class MAY 1991 Original Date Issued .-... Expiration Date The work site was inspected by BOB MANNING of our office on 7 1 , 1997 . The following are persons, firms, and corporations having a principal interest in this proposal: BNB ENGINEERING INC. FULL SPECTRUM 0MUNICATIMS 1 C-9 j 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. bignarure or bzaaer PAUL BIEBER Printed or Typed Signature Subscribed and sworn to before me this E day of �� , 199� . . C. nwhslon * 104s331 A Way R.Wc—Cor.=ja V� NOTARY PUBLIC My Coffm EnftaNw20.IM 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. �M OF RIMMI REACH Name and Address of Public Agency " Name and Telephone No. of Project Manager: JERKY MIGRU 270, 77140 STOR4 DW14 Contract Amount Type of Work Date Completed 2. CITY OF H,tlTIP7-01 BEA. i Name and Address of Public Agency 3. Name and Telephone No. of Project Manager: 15,978.00- WATER Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed c to i .�v.t �ti.a+v�".aru ly�. ;tctGE�;fED TITY CLERK CITY OF 2602 S. HALLADAY ST. HUNTINGTON b--A:Csrrc�Ll�, SANTA ANA, CA 92705 JUL !s 145 FM '97 "SEALED BID" for FIBER OPTICS CABLE PROJECT # PN 17033 in the CITY OF HUNTINGTON BEACH -DO NOT OPEN WITH REGULAR r` MAIL l r!