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HomeMy WebLinkAboutBRH Garver West, Inc. - 2005-08-150�� AT City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Duane D. Wentworth, Contract Administrator DATE: February 27, 2007 SUBJECT: Retention Release Payment Company Name: BRH Garver West, Inc. Address: 6910 Mission Gorge Road City, State and Zip Code: San Diego, CA 92120 Phone Number: (619) 265-0537 Business License Number: A 845819 Local Address: N/A Notice of Completion Date: February 13, 2007 Contract Purpose: Retention Release for CC 1262, Downtown Watermain Replacement Project 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 retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file subjec his time. :3 /H/o -3 Date ' Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on file. Date ari Freide rich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date Joan Inn, Cit lerk 1262 Retention Release Memo 2/27/2007 8:50:00 AM Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main StreetT.O. Box 190 Huntington Beach, CA 92648 Re: Contract: Project: Certification of Compliance with Prevailing Wage Laws CC 1262 Watermain Replacement Project The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this " day of February ' 20 07 at San Diego , California. BRH-Garver West, Inc. 1 Y4 7(::y US- ab • 01a 247542 1 CONTRACTOR'S CERTIFICATE Michael E. Arme I, ,state and certify that: (Name of Declarant) 1 BRH-Garver West, Inc. is the general contractor to the City of Huntington Beach ("City") on Contract No. CC 1262 (the "Contract") for the construction of the public work of improvement entitled: Watermain Replacement Project (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): N, IONN 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Diego, CA on this 14 f February 20 07 President ignature of Declarant) APPROVED AS TO FORM By:OL Name: [Type Name) Title: [Type Title] 24M4 1 Certification of Compliance with Title VH of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VI1 of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC 1262 Project: Watermain Replacement Project The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 14 day of February 20 07 , at San Diego , California. BRH-Garver West, Inc. (Type G President 1 245411A RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: idenrich, City Treasurer FROM: DATE: O SUBJECT: Bond Acceptance I have received the bonds for jwq ttl�s� : (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Coup it Approv I Date) City Clerk Vault No. �/js�apo� #27 g:/followup/bondletter.doc Bond No. SU 101 5670 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we BRH-Garver West, Inc. , hereinafter called Principal, as Principal, and Arch Insurance Company a corporation of the State of Missouri hereinafter called Surety, as Surety, are held and firmly bound unto City of Huntington Beach hereinafter called Obligee in the sum of Three Million Two Hundred Nine Thousand Three Hundred Fifty-seven &45 / 100 DOLLARS, ($ 3,209,357.45 ) lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 2nd day of March 2007 WHEREAS, the Principal entered into a contract with the said Obligee, dated August 11, 2005 for Downtown Watermain Replacement - Project -CC 1262 and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee, any defects which may develop during a period of One Year (I Year) from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, the s obligation shall be void; otherwise it shall be and remain in full force and of ct. BRH-Garver We , Inc. TTEST: ) Principal tip / By: L�— • Arch Insurance Clem any By: nn Dombrowski Attomey-in-Fact CON80010CA0201 f State of Connecticut County of Hartford On this 2nd day of March 2007 before me personally appeared Joann Dombrowski To me known, who being by me duly sworn did depose and say that he/she is the Attorney -in -Fact of Arch Insurance Company The corporation described in and which executed the above instrument; that he/she knows the seal of said corporation, and that he/she signed his/her name thereto by like order. /\ • �/ Marion R. Vail Notary Public Commission Expires: November 30, 2010 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Russell M. Canterbury, John B. O'Keefe, Joann Dombrowski, Cindy Guyette, Victoria P. Jovino and Marion R. Vail of Hartford, CT (EACH) its true and lawful Attorneys) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect. - "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED. That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 07800 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Arch Insurance Company Of Kansas City, Missouri , organized under the laws of Missouri subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Team and Vehicle, and Automobile as such classes are now or may hereafter be defined in the insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the 15th day of December 2003 1 have hereunto set my hand and caused my official seal to be t{o4ed this 15th day of December 2003 By Johip,'GaYame nd i Victoria S� for Ida Z Asst ief .puty NOTICE: Qualification with the Secretary of State must be accomplished as required by the California orporarions Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. roaw oa OW oar 00 3v, ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. CONSENT OF SURETY TO FINAL PAYMENT AIA Document G707 (Instructions on reverse side) Bond No. SU 1015670 TO OWNER: (Name and address) City of Huntington Beach Dept. of Public Works Huntington Beach, CA PROJECT: (Name and address) Downtown Watermain Replacement — Project- CC1262. OWNER z ARCHITEC"4' z CONTRA.C'TOIZ z SURETY z OTHER z ARCHITECT'S PROJECT NO: Architect >, �'roject Number — CCI262 CONTRACT FOR: Downtown Watermain Replacement CONTRACT DATED: 8/11/2005 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) Arch Insurance Company, 3 Parkway, Philadelphia, PA on bond of (Insert name and address of Contractor) BRH-Garver West, Inc., 6910 Mission Gorge Rd., San Diego, CA 92120 ,SURETY, CONTRACTOR, hereby approves of the final payment to the Contractor and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of (Xwner) City of Huntington Beach, Dept. of Public Works, Huntington Beach, CA as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: 28th February (Insert in writing the month followed by the numeric date and year.) Attest/Witness:, (Seal): / Arch Insurance Company Surety) (411ture of authorized representative) Joann Dombrowski, Attorney -in -Fact (Printed name and title) AIA DOCUMENT G707 w CONSENT OF SURETY TO FINAL PAYMENT w 1994 EDITION w AIA © 1994 w THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASH- INGTON, D.C. 20006-5292 w WARNING: Unlicensed photocopying violates U.S. copy right laws and will subject the violator to legal prosecution. OWNER 2007 G707-1994 State of Connecticut County of Hartford On this 28th day of February 2007 before me personally Joann Dombrowski To me known, who being by me duly sworn did depose and say that he/she is the Attorney -in -Fact of Arch Insurance Company The corporation described in and which executed the above instrument; that he/she knows the seal of said corporation, and that he/she signed his/her name thereto by like order. Marion R. Vail Notary Public Commission Expires: November 30, 2010 • POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Russell M. Canterbury, John B. O'Keefe, Joann Dombrowski, Cindy Guyette, Victoria P. Jovino and Marion R. Vail of Hartford, CT (EACH) its true and lawful Attorn ey(s)-in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to. make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of. Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2005 Assets Cash in Banks $ 46,423,863 Bonds owned 455,177,510 Stocks 277,548,844 Premiums in course of collection 113,959,352 Accrued interest and other assets 183 555,316 Total Assets $ 1,076,664,885 Liabilities Reserve for losses and adjustment expenses $ 223,287,066 Reserve for unearned premiums 57,814,328 Ceded reinsurance premiums payable 93,328,359 Amounts withheld or retained by company for account of others 52,571,218 Payable to affiliates 60,814,514 Reserve for taxes, expenses and other liabilities 112,727,192 Total Liabilities 600,542,677 Surplus as regards policyholders 476,122,208 Total Surplus and Liabilities By: Attest: Senior Vice President and Chief Financial Officer State of New York ) SS City of New York ) $ 1,076,664,885 cretary Fred Eichler and Martin Nilsen, being duly sworn, say that they are Senior Vice President and Chief Financial Officer and Secretary, respectively, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 2005. Subscribed and sworn to before me, thii Wday of March, 2006 Notary Public PETER J. CALLEO, ESQ• ry Public. Mate of New Yark No. 02CA6109336 in New York County sion Expires May 3, 2008 STATE OF CALIFORMA DEPARTMENT OF INSURANCE NQ 07800 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Arch Insurance Company Of Kansas City, Missouri , organized under the laws of Missouri , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Team and Vehicle, and Automobile as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the 15 th day of December 2003 1 have hereunto set my hand and caused my official seal to be afftwd this 15th day of December 2003 By Joh G mpndi Victoria for Ida Z Asst ief puty NOTICE: Qualification with the Secretary of State must be accomplished as required by the California rporations Code promptly Aft issuance of duo Certificate of Authonty Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for evoking this Certificate of Authority pursuant to the eonvenants made in the application therefor and the conditions contained herein. roxwcaJ go oaroo 3MI ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. RECEIVED BY: (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating 0 JA CITY OF © HUNTINGTON BEACH TO: .Shari Freidenrich, City Treasurer FROM: �s1��-1 �L-�l%�.'s�=7'= DATE: 'i%Cr i n - SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. ILI /lit/ - - i�/,., Re: Tract No. CC No. 4241 t MSC No. Approved 1� ) ; ,/ C Agenda Item No. (Council Approval Date) City Clerk Vault No. ! / r J 3. L. #27 g:/followup/bondletter doc ,40. 0 PLEASE COMPLETE THIS INFORMATION 11 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 2007000093899 08:14am 02113/07 212 50 N12 1 0.00 0.00 0.00 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, Huntington Beach, CA 92648, that the contract heretofore awarded to BRH-Garver West, Inc. who was the company thereon for doing the following work to -wit: DOWNTOWN WATERMAIN REPLACEMENT PROJECT; CASH CONTRACT NUMBER 1262 That said work was completed February 2, 2007 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on February 2, 2007, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Arch 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 February 5, Director of PA�orksCity Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of pedury that the foregoing 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. Dated at Huntington Beach, California, this February 5, 2007"ofPubtloic s or City Engineer h, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) a.059-TITLE PAGE (R7/95) RECEIVEI> Y:� (Narber— (Date) CITY CLERK RECEIPT COP14 Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: i Cam. zh) DATE:%S SUBJECT: Bond Acceptance l have received the bonds for�/-V ✓E:'y"L (Company Name) Faithful Performance Bond No. i( /0 16-�, 3�t, Labor and Material Bond No. Monument Bond No. Maintenance Bond No. . ��. /O / -t5 & �1z0 Re: Tract No. CC No. (� MSC No. Approved Agenda Item No. "Y (Co ncil Approval Date) / City Clerk Vault No. #27 g:/followup/bondletter doc �65� A-h' CITY FUNDED CONSTRUCTION CONTRACT BETWEEN TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN HE CITY OF TING ON BEACH AND W-4 i�R.,v��r. THIS AGREEMENT ("Agreement") made and entered into this day of ,4Q(, sr 20P5' by and between the City of Huntington Beach, a municipal corporation of the Sttaatee of California, hereinafter referred to as "CITY," and ���"�� �"� I1 ,a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as�zN p �macxj � � " I oc-f 12&1z 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 complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed P16HTY pIE�-iT GK Dollars ($ 2+ ���3 ), as set forth t-#UNDF-r=�p IA44tD `T Hf-FM ML44&�'RG in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to -rwc> wov-tZING completion within ttUNDRP;r-> (F. consecutive 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 agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city consU4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state 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 and/or the services performed hereunder. 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 FtyF- +4LJN Dollars ($ Fco. Oro ) 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 damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city consU4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-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 DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 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 harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to 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 not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city consU4-03 14 elected and appointed officials, employees, agent and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/s %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY 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. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/fonns/city consU4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: T 6. ObFfnNfZ 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 TO CONTRACTOR: 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. 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 United States Code Section 1324a regarding employment verification. 32. 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. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 4• of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 BRH-Garver West, Inc. print name ITS: (circle one) ecretPar�Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/city const/4-03 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California M ATTEST: ty Clerk APPROVED AS TO FORM: City A orney 7 PROVED: Director of Public orks/f/ i SECTION C PROPOSAL for the CONSTRUCTION OF Watermain Replacement Project Orange Avenue, from 3rd Street to 1P Street Watermain Replacement Project, Alley North of Pacific Coast Highway, from 6th Street to 9th Street Watermain Replacement Project; Alley North of Pacific Coast Highway, from 151h Street to Alley Between 15th Street and 16th Street Watermain Replacement Project Alley Between 6th Street and 7th Street, from Alley North of Pacific Coast Highway to Orange Avenue Watermain Replacement Project, Alley Between 5th Street and 61h Street, from Walnut Avenue to Orange Avenue Watermain Replacement Project, Acacia Avenue, from Lake Street to Alley Between Pecan Avenue and 7th Street Watermain Replacement Project, 7th Street from Alley Between Pecan Avenue and 7th Street to Palm Avenue Watermain Replacement Project, Alley North of Pacific Coast Highway, from Alley Between loth Street and 11th Street -to 11th Street Watermain Replacement Project, Walnut Avenue, from Alley Between 11th Street and 12th Street to 12th Street Watermain Replacement Project, Olive Avenue and Alley Between 11th Street and 12th Street CASH CONTRACT No. 1262 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The Ist Notice to Proceed will be issued for materials procurement. After undersigned submits proof of C-1 I materials procurement and a detailed construction schedule to AGENCY, and after AGENCY issues a written approval of undersigned's construction schedule, AGENCY will then issue a 2nd Notice to Proceed to the undersigned to commence immediately with the physical site work thereafter to be completed within a Two Hundred (200) working day Construction Period. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 %,rxw— xs '1%0'%n the amount of $_ L 0 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Se le to the AGENCY. (Please insert the words "Cash", "Certified Check", A "Bidder's Bond" the case maybe). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE A Watermain Replacement Project Orange Avenue from 3`d Street to llth Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ 1 Q oO ." $ k_ o�oo-O1i 2. Furnish and install 12-inch PVC pipeline in Orange Ave. with nitrile (NBR) gaskets, and connection to the existing watermain, at 11th Street and 3`d Street, including all valves, fittings, cathodic protection and appurtenances, pavement sawcutting and removal, excavation, 135 0� backfill, surface repair, and thrust restraint, as �j shown on these plans, complete and in place. 2,509 L 3. Construct 8-inch PVC pipeline in alley between 10th Street and 11'h Street, and connection to existing watermains, with nitrile (NBR) gaskets, including all valves, fittings, cathodic protection, and appurtenances, pavement sawcutting and removal, excavation, surface repair, and thrust restraint, as shown on these plans, complete and $ ou $ operative in place. 97 LF 4. Construct 8-inch PVC pipeline in alley between gth Street and 10th Street, with nitrite (NBR) gaskets and connection to existing watermain, including all valves, fittings, cathodic protection, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, $ -0 $ 11 N4o complete and operative in place. 88 LF 5. Construct 6-inch PVC pipeline in alley between 8th Street and a Street, with nitrite (NBR) gaskets and connection to existing watermain, including all valves, fittings, cathodic protection, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 67 LF $ ISo. Of $ 9;1 t 0 • u C-3 PROJECT BID SCHEDULE A Watermain Replacement Project Orange Avenue from 3rd Street to 11th Street BID ITEMS Item I Unit No. Description Quantity Unit Cost Total Cost 6. Construct 8-inch PVC pipeline in alley between 7th Street and 81h Street, with nitrile (NBR) gaskets and connection to existing watermain, including all valving, fittings, cathodic protection, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 45 LF $ %60.° $ b,"1S-0- 7. Construct 8-inch D.I. siphon assembly, including all fittings and appurtenances, excavation, backfill, and surface repair, as shown on these plans, complete and in place. 53 LF 8. Construct 8-inch PVC pipeline in 6th Street with nitrile (NBR) gaskets, and connection to existing watermain, including all valves, fittings, cathodic protection, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair and thrust restraint, as shown on these plans, complete and operative in place. 15 LF $ 5 00.°° $ -7,S00. °" 9. Construct 14-LF 8-inch PVC pipeline and construct 37-LF 12-inch PVC pipeline in 5`h Street with nitrile (NBR) gaskets, and connection to existing watermain, including all valves, fittings, cathodic protection, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair and thrust restraint, as shown on these plans, complete and operative in place. 51 LF $ 3 00 ."° $ V5 Soo . ° ° 10. Construct 8-inch PVC pipeline in alley between 5th Street and Main Street, with nitrile (NBR) gaskets, connection to existing watermain, including all valves, fittings, cathodic protection, and appurtenances, pavement sawcutting and removal, excavation, backfill, cement slurry backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 22 LF $ S,goO • ° " G4 PROJECT BID SCHEDULE A Watermain Replacement Project Orange Avenue from 3rd Street to 11" Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 11. Construct 8-inch PVC pipeline in Main Street with nitrile (NBR) gaskets, and connection to existing watermain, including all valves, fittings, cathodic protection, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair and thrust restraint, as shown on these plans, complete and operative in place. 15 LF $ Suo • 12. Construct 8-inch PVC pipeline in alley between 3`d Street and Main Street, with nitrite (NBR) gaskets, and connection to existing watermains, including all valves, fittings, cathodic protection, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 95 LF $ 130. $ ta,3's 13. Remove and salvage (to the City) existing fire hydrant, including removal and disposal of bury, valve box and valve cover, backfill, and surface repair, as shown on these plans, complete and in place. 7 EA 14. Construct new fire hydrant assembly, including furnishing and installing new bury, valve and appurtenances, zero sack slurry backfill and surface repair as shown on these plans, complete and in place. 7 EA $5,0ao•'° $1-5 0o0.°° 15. Furnish and install 4-inch pump -out assembly, including all valving, fittings, zero sack slurry backfill and appurtenances, as shown on these $ :,Sco. °° $ plans, complete and in place. 1 EA 16. Furnish and install 2-inch air and vacuum assembly, including all valving, fittings, zero sack slurry backfill, and appurtenances, as shown on these plans, complete and in place. 2 EA $ ew. `'° $ k1, 0W. "° 17. Cut and cap/seal existing waterline, including all appurtenances, as shown on these plans, complete and in place. 20 EA $ Sgo� $ 10. 0 oo ° v C-5 PROJECT BID SCHEDULE A Watermain Replacement Project Orange Avenue from 3rd Street to 11th Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 18. Remove existing valve box and cover, including excavation, backfill, and surface repair, complete and in place. 20 EA $ SUo"" $ t O� 000• °° 19. Furnish and install 2-inch temporary blowoff for pressure testing, including all appurtenances, as shown on these plans complete and in place. 19 EA $ 5W. "° $ g,Soa - 20. Construct 12-inch inverted siphon assembly, including all fittings and appurtenances, excavation, backfill, and surface repair, as shown on these plans, complete and in place. 84 LF $c-),S0.u" 21. Chlorination and testing of all new water mains and appurtenances, complete and in place. 1 LS $15,0vu•" $ IS,000. 22. Furnish and Install new 1-inch polyethylene water service to Existing Water Quality Test Station, including piping, fittings, valving, removal and disposal of existing meter box, connection to Sampling Can, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA $9,5uo•"° 23. Traffic control throughout work area, including preparation of traffic control plans. 1 LS $ lS,vdo."' $ %S 0 00 24. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS $ S,ow. `° $ 5,000. 25. Pothole existing utilities as directed by and in the presence of the City inspector, including pavement repair and traffic control. 10 EA $ 5oo. "" $ 5,0oo. � ° 26. Demobilization and Cleanup 1 LS $ S; $ S, oo-5-. o- 27. Furnish and install 6-inch cut in valve assembly, including valve, PVC Class 200 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 9 EA C-6 PROJECT BID SCHEDULE A Watermain Replacement Project Orange Avenue from 3rd Street to 11th Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 28. Furnish and install 8-inch cut in valve assembly, including valve, PVC Class 200 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 2 EA $ s,'owo 29. Furnish and install new 2-inch copper water service, including pipe fittings, valves and connection to existing 2-inch metering assembly, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place 2 EA $3,ow.'° $ b,000. .° 30. Remove, and dispose of existing valve. Dispose of interfering pipeline, and seal existing pipe ends, including surface repair, as shown on these plans, complete and in place. 11 EA $ Sbu. " $ S Sao • °" —T 31. Furnish and install 12-inch cut in valve assembly, including valve, PVC Class 200 pipe transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 1 EA $'7 soo- `" $ '7,5 aa 32. Furnish and Install new 2-inch copper water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 2-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, -7,, , compaction, reconnection to customer side, and appurtenances, complete and operative in place. 2 EA � $3,Sua 00 $ 3. Sub -Total Amount for All Bid Items — SCHEDULE A $ o a '17 r70 C-7 PROJECT BID SCHEDULE A Watermain Replacement Project Orange Avenue from 3rd Street to 11"' Street BID ITEMS ALTERNATIVE BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost A-1 Furnish and Install new Vertical Offset, maximum of 3-vertical feet for 6-inch pipeline. Vertical Offset to include, 2-each 45-degree DI fittings, Thrust blocks per City Plan 614, trench excavation, pipe bedding, compaction, Cathodic Protection, and appurtenances, complete and operative in place. NA EA $ �cx� °° $ -7, 5-ua- °• A-2 Furnish and Install new Vertical Offset, maximum of 3-vertical feet for 8-inch pipeline. Vertical Offset to include, 2-each 45-degree DI fittings, Thrust blocks per City Plan 614, trench excavation, pipe bedding, compaction, Cathodic Protection, and appurtenances, complete and operative in place. NA EA $ $, S,10 . A-3 Furnish and Install new Vertical Offset, maximum of 3-vertical feet for 12-inch pipeline. Vertical Offset to include, 2-each 45-degree DI fittings, Thrust blocks per City Plan 614, trench excavation, pipe bedding, compaction, Cathodic Protection, and appurtenances, complete and operative in place. NA EA $ LO W, w $ 0,oa a. �a A-4 Furnish and Install new Vertical Offset, maximum of 3-vertical feet for 6-inch pipeline. Vertical Offset to include, 2-each 22.5-degree DI fittings, Thrust blocks per City Plan 614, trench excavation, pipe bedding, compaction, Cathodic Protection, and appurtenances, complete and operative in place. NA EA $-7.5w, °' $ S� vo A-5 Furnish and Install new Vertical Offset, maximum of 3-vertical feet for 8-inch pipeline. Vertical Offset to include, 2-each 22.5-degree DI fittings, Thrust blocks per City Plan 614, trench excavation, pipe bedding, compaction, Cathodic Protection, and appurtenances, complete and operative in place. NA EA $ $;Sw.°" $ t Sao. C-8 PROJECT BID SCHEDULE A Watermain Replacement Project Orange Avenue from 3rd Street to 11'h Street BID ITEMS Item No. I Description Quantity Unit Unit Cost Total Cost A-6 Furnish and Install new Vertical Offset, maximum of 3-vertical feet for 12-inch pipeline. Vertical Offset to include, 2-each 22.5-degree DI fittings, Thrust blocks per City Plan 614, trench excavation, pipe bedding, compaction, Cathodic Protection, and appurtenances, complete and operative in place. NA EA $ Muw "0 $ W, dog, 'Jo C-9 PROJECT BID SCHEDULE B Watermain Replacement Project, Alley North of Pacific Coast Highway from 6th Street to 9 h Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ ltx3-°- $ t0.o 00 2. Furnish and install 8-inch D.I. pipeline in the alley north of Pacific Coast Highway with nitrite (NBR) gaskets, and connection to the existing 8-inch PVC watermain at 8th Street, and 12-inch PVC at 9th Street, and the alley between 8th Street and gth Street, including all valves, fittings, cathodic protection and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on $ (� „� $ these plans, complete and in place. 368 LF 3. Furnish and install 6-inch D.I. pipeline in the alley north of Pacific Coast Highway with nitrile (NBR) gaskets, and connecting to the existing 8-inch PVC watermain at 8th Street, the alley between 7th Street and 8th Street, and the 12-inch PVC watermain at 6th Street, including all valves, fittings, cathodic protection and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as $ tom, 13o $ OI �50 shown on these plans, complete and in place. 679 LF -firy 4. Remove and salvage (to the City) existing fire hydrant, including removal and disposal of bury, valve box and valve cover, backfill, and surface repair, as shown on these plans, complete and in place. 1 EA 5. Construct new fire hydrant assembly, including furnishing and installing new bury, valve and appurtenances, zero sack slurry backfill and surface repair as shown on these plans, 1 EA $ S.uv,�.�• $ S oo� �� complete and in place. 6. Cut and cap/seal existing waterline, including all appurtenances, as shown on these plans, $�- complete and in place. 6 EA 7. Remove existing valve box and cover, including excavation, backfill, and surface repair, complete and in place. 6 EA $ Suo- $ 3, uu,3 • �° C-10 PROJECT BID SCHEDULE B Watermain Replacement Project, Alley North of Pacific Coast Highway from 6th Street to 9th Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 8. Furnish and install 2-inch temporary blowoff for pressure testing, including all appurtenances, as shown on these plans, complete and in place. 6 EA $ ,900. "" $ 3,cod• 9. Chlorination and testing of all new water mains and appurtenances, complete and in place. 1 LS $50uo. "' $ 5, 10. Traffic control throughout work area, including preparation of traffic control plans. 1 LS $ 50w,0" $ 5.ouv- °" 11. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS $ 5 00o°' $ 5,ou43- °d 12. Pothole existing utilities as directed by and in the presence of the City inspector, including pavement repair and traffic control. 10 EA $ Soo- $ 13. Demobilization and Cleanup 1 LS $ 5, ood. °° $ S. uuo 14. Furnish and install 12-inch cut in valve assembly, including valve, PVC Class 200 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 1 EA $ 7,5�." $ •7� S'a�. °� 15. Furnish and install 8-inch cut in valve assembly, including valve, PVC Class 200 or D.I. Class 350 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 4 EA $5, t��xa."" $ 20 16. Furnish and install new 1-inch copper water service, including pipe fittings, valves and connection to existing 3/-inch metering assembly, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 3 EA $1 5-W. "` $ y Svc1. C-11 PROJECT BID SCHEDULE B Watermain Replacement Project, Alley North of Pacific Coast highway from 6tn Street to 9`j' Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 17. Furnish and install new 1-inch copper water service, including pipe, fittings, valves, connection to existing 1-inch metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 1 EA $1,Scya> °" $ lc5-60• 18. Furnish and install new 2-inch copper water service, including pipe, fittings, valves, connection to existing 1 1/2-inch metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 1 EA $S, $ a oou- 19. Furnish and install new 2-inch copper water service, including pipe, fittings, valves, connection to existing 2-3-inch comp metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 1 EA $ $ ou'o.°° 20. Remove and dispose of existing valve. Dispose of interfering pipeline, and seal existing pipe ends, including surface repair, as shown on these plans, complete and in place. 5 EA $ SUy. °� 21. Furnish and install 6-inch cut in valve assembly, including valve, D.I. Class 350 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 1 EA $ $ 3,SO13 J J 22. Furnish and install 4-inch pump -out assembly, including all valving, fittings, zero sack slurry backfill and appurtenances, as shown on these 7,S(50. ao plans, complete and in place. 1 EAT) $ $-k�a�-�" 23. Remove and dispose of hydrocarbon contaminated soil per OSHA and City of Huntington Beach requirements. 250 CY $ luo• tl° $ 5 0 as 24. Import soil. 250 CY C-12 PROJECT BID SCHEDULE B Watermain Replacement Project, Alley North of Pacific Coast Highway from 61h Street to 91h Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 25. Furnish and Install new 1-inch copper water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 3/-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 3 EA $a.000 , $ b coo• 26. Furnish and Install new 1-inch copper water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 1-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slung backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA $a. "" $ 91.000 27. Furnish and Install new 2-inch copper water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 1%2-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA $ � S� $ 3�00 ° ` 28. Furnish and Install new 2-inch copper water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 2-3-inch comp meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA Sub -Total Amount for All Bid Items — SCHEDULE B $ 319 a3a• C-13 PROJECT BID SCHEDULE C Watermain Replacement Project, Alley North of Pacific Coast Highway, From 15th Street to Alley between 15th Street and 16th Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ lo,pwj,"" $ tO,00ua_°° 2. Furnish and install 6-inch DIP pipeline in the alley north of Pacific Coast Highway with nitrile (NBR) gaskets, and connection to the existing watermain at 15th Street and alley between 15 Street and 16th Street, including all valves, fittings, cathodic protection and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. 163 LF $ 1 Sd. "0 $ a'f y50 . "o 3. Provide temporary water service to properties isolated from the watermain during construction. 1 LS $5, WU• " $ S ovo • 4. Furnish and install 2-inch temporary blowoff for pressure testing, including all appurtenances, as shown on these plans, complete and in place. 2 EA $ 5 oo.°" $ k,060. 5. Chlorination and testing of all new watermain and appurtenances, complete and in place. 1 LS 6. Traffic control throughout work area, including preparation of traffic control plans. 1 LS $S,ouo. "° $ S,000 • 7. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS $ a,Sa� "`' $ 9500- ° 8. Pothole existing utilities as directed by and in the presence of the City inspector, including pavement repair and traffic control. 4 EA $ $a.n o& 9. Demobilization and Cleanup 1 LS $ Scw.°� 10. Furnish and install new 1-inch polyethylene water service, including pipe fittings, valves and connection to existing %4-inch metering assembly, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place 1 EA $ 116w- $ t,<-,),L C-14 PROJECT BID SCHEDULE C Watermain Replacement Project, Alley North of Pacific Coast Highway, From 15th Street to Alley between 15th Street and 16th Street BID ITEMS Item Unit No. Description Quantit Unit Cost Total Cost 11. Furnish and install new 1-inch polyethylene water service, including pipe, fittings, valves, connection to existing 1-inch metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 2 EA $ $ 3, 0oa. "' 12. Furnish and install 6-inch cut in valve assembly, including valve, D.I. Class 350 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 1 EA 13. Remove and dispose of hydrocarbon contaminated soil per OSHA and City of Huntington Beach requirements. 75 CY $ WU•°° $ ?,Scx�• °° 14. Import soil. 75 CY $ SLx $ 3,7§()• 15. Furnish and Install new 1-inch polyethelyne water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 3/-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA $ 3 0w. $_?: ,00v• n° 16. Furnish and Install new 1-inch polyethelyne water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 1-inch meter, new meter box and abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA $ ok-L-0 Sub -Total Amount for All Bid Items — SCHEDULE C $ 80'7(0- C-15 PROJECT BID SCHEDULE D Watermain Replacement Project, Alley between 6th Street and 7th Street From Alley North of Pacific Coast Highway to Orange Avenue BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ L6,owo 0 $ i— ovo �J 2. Furnish and install 8-inch PVC pipeline in alley between 61h St. and 7th St. with nitrile (NBR) gaskets, and connection to the existing watermain north of Orange Avenue, including all valves, fittings, cathodic protection and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. 1,083 LF $ I,ao.oO $ 14 770 " 3. Remove and salvage (to the City) existing fire hydrant, including removal and disposal of bury, valve box and valve cover, backfill, and surface repair, as shown on these plans, complete and in place. 2 EA $a0W,°" $ 4. Construct new fire hydrant assembly, including furnishing and installing new bury, valve and appurtenances, zero sack slurry backfill and surface repair as shown on these plans, complete and in place. 2 EA $ 5, ��' $ ►°, 0o0• °' 5. Furnish and install 4-inch pump -out assembly, including all valving, fittings, zero sack slurry backfill and appurtenances, as shown on these plans, complete and in place. 1 EA $"1,5w �° $ 7,S'Q • `'° 6. Furnish and install 2-inch air and vacuum assembly, including all valving, fittings, zero sack slurry backfill, and appurtenances, as shown on these plans. Complete and in place. 1 EA $ 7. Cut and cap/seal existing waterline, including all appurtenances, as shown on these plans, complete and in place. 5 EA $ °" 8. Remove existing valve box and cover, including excavation, backfill, and surface repair, complete and in place. 3 EA $ Sbo. "" $ 1, Syy- 9. Furnish and install 2-inch temporary blowoff for pressure testing, including all appurtenances, as shown on these plans, complete and in place. 4 EA C-16 PROJECT BID SCHEDULE D Watermain Replacement Project, Alley between 6th Street and 7th Street From Alley North of Pacific Coast Highway to Orange Avenue BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 10. Construct 8-inch inverted siphon assembly, including all fittings and appurtenances, cathodic protection, excavation, backfill, and surface repair, as shown on these plans, complete and in place. 56 LF $2W. "V $ ►1,2uu- 11. Chlorination and testing of all new water mains and appurtenances, complete and in place. 1 LS $ 1,5Za "' $ .600- 12. Traffic control throughout work area, including preparation of traffic control plans. 1 LS $ IO," 13. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS $ 5 ouu- °' $ s, uuo• 14. Pothole existing utilities as directed by and in the presence of the City inspector, including pavement repair and traffic control. 5 EA $ 5uo•" $ 15. Demobilization and Cleanup 1 LS $ S, coU- $ 5, u W 16. Furnish and install new 1-inch polyethylene water service, including pipe fittings, -valves and connection to existing 3/-inch metering assembly, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place 20 EA $ I�cU--"" $ 30,J oa. -- 17. Furnish and install new 1-inch polyethylene water service, including pipe, fittings, valves, connection to existing 1-inch metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 9 EA $t,Suu•°° $ 13,Suy•V" 18. Remove and dispose of existing valve. Dispose of interfering pipeline, and seal existing pipe ends, including surface repair, as shown on these plans, complete and in place. 2 EA $ i5W, "y $ 1, u so, 19. Remove and dispose of hydrocarbon contaminated soil per OSHA and City of Huntington Beach requirements. 240 CY $ $ 20. ImportSoil 240 j CY j $ 5o.- 1 $ C-17 PROJECT BID SCHEDULE D Watermain Replacement Project, Alley between 6th Street and 7th Street From Alley North of Pacific Coast Highway to Orange Avenue BID ITEMS Item Unit No. Description uantity Unit Cost Total Cost 21. Furnish and Install new 1-inch polyethelyne water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 3/-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances. Complete and operative in place. 20 EA $1,5vu- UO $ 3C� oW. 22. Furnish and Install new 1-inch polyethelyne water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 1-inch meter, new meter box and abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 8 EA $1 Soo "' $ 12,auo. "b Sub -Total Amount for All Bid Items — SCHEDULE D $ 34'� 99 o• b" C-18 PROJECT BID SCHEDULE E Watermain Replacement Project, Alley between 51h Street and 61h Street, From Walnut Avenue to Orange Avenue BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ l o o-'° $ t°, ouo 2. Furnish and install 8-inch PVC pipeline in alley between 5th St. and 6h' St., with nitrile (NBR) gaskets, and connection to the existing watermain at Walnut Ave. and Orange Ave., including all valves, fittings, cathodic protection and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. 837 LF $ ►30, pO $ °o 3. Provide temporary water service to properties isolated from the watermain during construction. 1 LS $ 6; ouo•" $ 6,a uo - 4. Construct new fire hydrant assembly, including furnishing and installing new bury, valve and appurtenances, zero sack slurry backfill and surface repair as shown on these plans, complete and in place. 2 EA $s,nw `" $ to 000• 5. Furnish and install 2-inch air and vacuum assembly, including all valving, fittings, zero sack slurry backfill, and appurtenances, as shown on these plans, complete and in place. 2 EA $ (-,0oL)-" $ 12-,0(,o. 6. Furnish and install 2-inch temporary blowoff for pressure testing, including all appurtenances, as shown on these plans, complete and in place. 5 EA $ 500- "` $ 7. Chlorination and testing of all new water mains and appurtenances, complete and in place. 1 LS $ 8. Traffic control throughout work area, including preparation of traffic control plans. 1 LS $ '7.6u�.°° 9. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS $ Suu."° 10. Pothoie existing utilities as directed by and in the presence of the City inspector, including pavement repair and traffic control. 5 EA $ Suv "° $ 01 Su o. 11. 1 Demobilization and Cleanup 1 LS $ sUua,W $ 5nua. o" C-19 PROJECT BID SCHEDULE E Watermain Replacement Project, Alley between 51h Street and 6th Street, From Walnut Avenue to Orange Avenue BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 12. Furnish and install 8-inch cut in valve assembly, including valve, PVC Class 200 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 1 EA 0 oy. �b 13. Furnish and install new 1-inch polyethylene water service, including pipe fittings, valves and connection to existing 3/-inch metering assembly, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place 7 EA u• °J $ tc�FS vu • "` 14. Furnish and install new 1-inch polyethylene water service, including pipe, fittings, valves, connection to existing 1-inch metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 8 EA 15. Furnish and install new 2-inch polyethylene water service, including pipe, fittings, valves, connection to existing 1Y2-inch metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 1 EA $ 3, ow. "" $ 3.0W • 16. Remove and dispose of existing valve. Dispose of interfering pipeline, and seal existing pipe ends, including. surface repair, as shown on these plans, complete and in place. 2 EA $ Ste'' $ 1, 000• 17. Remove and dispose of hydrocarbon contaminated soil per OSHA and City of Huntington Beach requirements. 280 CY $ too-"- $ �;ocx�. 18. Import Soil 280 CY $ `I. ouo• °� 19. Furnish and Install new 1-inch polyethelyne water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 3/-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 7 EA $ I,Sw' C-20 PROJECT BID SCHEDULE E Watermain Replacement Project, Alley between 51h Street and 61h Street, From Walnut Avenue to Orange Avenue BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 20. Furnish and Install new 1-inch polyethelyne water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 1-inch meter, new meter box and abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 8 EA $ fl.uw. 21. Furnish and Install new 2-inch polyethelyne water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 1%2-inch meter, new meter box and abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA $ 3 ow • ,- $ 3noo • °° Sub -Total Amount for All Bid Items — SCHEDULE E $ abq, Fslo. C-21 PROJECT BID SCHEDULE F Watermain Replacement Project, Acacia Avenue From Lake Street to Alley Between Pecan Avenue and 7th Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ ro, 2. Furnish and install 8-inch PVC pipeline in Acacia Street with nitrile (NBR) gaskets, and connection to the existing watermain at Lake Ave., Main St., and alley between Lake St. and Main St., including all valves, fittings, cathodic protection and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. 601 LF $ t3a• "`' $ 7g, 3L• ° 3. Construct 8-inch PVC pipeline in alley between Lake St. and Main St. with nitrile (NBR gaskets), and connection to existing watermain, including all valves, cathodic protection, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 58 LF $I $ 9,1 y3 ° 4. Furnish and install 2-inch air and vacuum assembly, including all valving, fittings, zero sack slurry backfill, and appurtenances, as shown on these plans, complete and in place. 1 EA $ uuu "' $ 6 uuu. on 5. Cut and cap/seal existing waterline, including all appurtenances, as shown on these plans, complete and in place. 2 EA $ 5uo• J' $ 1, ooa po 6. Remove existing valve box and cover, including excavation, backfill, and surface repair, complete and in place. 2 EA $ 5oo• " $ �,,soa_ 7. Furnish and install 2-inch temporary blowoff for pressure testing, including all appurtenances, as shown on these plans, complete and in place. 6 EA $ Suv- 8. Construct 8-inch inverted siphon assembly, including all fittings, cathodic protection and appurtenances, excavation, backfill, and surface repair, as shown on these plans, complete and in place. 74 LF $ u . "' $ 14 guo- 9. Chlorination and testing of all new water mains and appurtenances, complete and in place. 1 LS $7,wo--"' $ '7.: ua 10. Provide temporary water service to properties isolated from the water main pipe during construction. 1 LS $ C-22 PROJECT BID SCHEDULE F Watermain Replacement Project, Acacia Avenue From Lake Street to Alley Between Pecan Avenue and 7th Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 11. Traffic control throughout work area, including preparation of traffic control plans. 1 LS $ 54c�u� " $ S. ov, °° 12. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS $ boo. "' $ goo . w 13. Pothole existing utilities as directed by and in the presence of the City inspector, including pavement repair and traffic control. 4 EA $ Suo- °" $ *Kow, 14. Demobilization and Cleanup 1 LS $5,00i.u' 15. Furnish and install 8-inch cut in valve assembly, including valve, PVC Class 200 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 5 EA $ Z. o0v- "� $ 5 Duo. " 16. Furnish and install new 1-inch polyethylene water service, including pipe, fittings, valves, connection to existing 1-inch metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 1 EA $ 1.Sw 17. Remove and dispose of existing valve. Dispose of interfering pipeline, and seal existing pipe ends, including surface repair, as shown on these plans, complete and in place. 5 EA $ scw $ arSu0- 18. Furnish and install new 1-inch polyethylene water service, including pipe fittings, valves and connection to existing %-inch metering assembly, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 1 EA $ 1 �6uc)-` $ 1,5'�0, 19. Furnish and Install new 1-inch polyethylene water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 1-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA $ 5ov` $ 1,5 od . C-23 PROJECT BID SCHEDULE F Watermain Replacement Project, Acacia Avenue From Lake Street to Alley Between Pecan Avenue and 7th Street BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost 20. Furnish and Install new 1-inch polyethylene water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing %-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA Sub -Total Amount for All Bid Items — SCHEDULE F $ I1'la. ° ° C-24 PROJECT BID SCHEDULE G Watermain Replacement Project, 7th Street From Alley Between Pecan Avenue and 7th Street to Palm Avenue BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ t.o,ew-`' $ tO _quo. 2. Furnish and install 8-inch PVC pipeline in 7th Street, and in the alley between Pecan Avenue and 7th Street including 20+/- LF 12-inch PVC pipe and connection to the existing water main at 7t Street & Palm Avenue, and connection south of Arcadia Avenue at the alley between Pecan Ave. and 7th St., including all valves, fittings, cathodic protection and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as+ shown on these plans, complete and in place. 509 LF $ 130. V° $ bb fig • °" 3. Remove and salvage (to City) existing fire hydrant, including removal and disposal of bury, valve box, and valve cover, backfill, and surface repair, as shown on these plans, complete and in place. 2 EA $uu $'},uuu. 4. Construct new fire hydrant assembly, including furnishing and installing new bury, valve and appurtenances, zero sack slurry backfill, and surface repair, as shown on these plans, complete and in place. 2 EA $S u0. $ 10, V uo- 5. Furnish and install 2-inch air and vacuum assembly, including all valving, fittings, zero sack slurry backfill, and appurtenances, as shown on these plans, complete and in place. 1 EA $ uou•°° $ 6 oo - YO 6. Cut and cap/seal existing waterline, including all appurtenances, as shown on these plans, complete and in place. 2 EA $Suo • °" $ 1,0 ou- 7. Remove existing valve box and cover, including excavation, backfill, and surface repair, complete and in place. 1 EA $ SOO- "` $ Svc, 8. Furnish and install 2-inch temporary blowoff for pressure testing, including all appurtenances, as shown on these plans, complete and in place. 2 EA $-51_g $ t, uw• °� 9. Chlorination and testing of all new water mains and appurtenances, complete and in place. 1 LS $ Soux $ S.000. 10. Traffic control throughout work area, including preparation of traffic control plans. 1 LS $ Lw, ° $ 5. C-25 PROJECT BID SCHEDULE G Watermain Replacement Project, 71h Street From Alley Between Pecan Avenue and 7ch Street to Palm Avenue BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 11. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces -in accordance with these plans and as required by law. 1 LS $ a Sw. `° $ a-Scw- 12. Pothole existing utilities as directed by and in the presence of the City inspector, including pavement repair and traffic control. 4 EA $ 5w 13. Demobilization and Cleanup 1 LS $ Soac).'" $ g °O 14. Furnish and install 8-inch cut in valve assembly, including valve, PVC Class 200 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 1 EA $ S,ow- $ Snug 15. Furnish and install 12-inch cut in valve assembly, including valve, PVC Class 200 pipe transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 2 EA $ '7, 16. Furnish and install new 1-inch polyethylene water service, including pipe, fittings, valves, connection to existing Y-inch metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 4 EA $ l,sui• °° $ 6 17. Furnish and install new 1-inch polyethylene water service, including pipe, fittings, valves, connection to existing 1-inch metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 1 EA $ 1,5uo.° $ ISoo Crib 18. Remove and dispose of existing valve. Dispose of interfering pipeline, and seal existing pipe ends, including surface repair, as shown on these plans, complete and in place. 3 EA $ "" $ 1, God. 19. Remove and dispose of hydrocarbon contaminated soil per OSHA and City of Huntington Beach requirements. 95 CY $ 20. Import soil 795 CY $ S�• ° ° $ 7 So• �� C-26 PROJECT BID SCHEDULE G Watermain Replacement Project, 71h Street From Alley Between Pecan Avenue and 7th Street to Palm Avenue BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 21. Furnish and Install new 1-inch polyethelyne water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 3/-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 4 EA $ JSW, "" $--Le oQLf 22. Furnish and Install new 1-inch polyethelyne water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 1-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA $ 1 y $ 1,56• na Sub -Total Amount for All Bid Items — SCHEDULE G $ 1 6Q 9.10. �0 C-27 PROJECT BID SCHEDULE H Watermain Replacement Project, Alley North of Pacific Coast Highway From Alley Between loth Street and llth Street to llth Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ LO,Qou• "° $ tn, cuJ_ °" 2. Furnish and install 8-inch PVC pipeline and 6- inch PVC pipeline in alley north of Pacific Coast Highway with nitrile (NBR) gaskets, and connection to the existing watermain at 11th Street and alley between 10th Street and 11th Street, including all valves, fittings, cathodic protection and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. 272 LF $160.4" $4C0tfy 3. Furnish and install 4-inch pump -out assembly, including all valving, fittings, zero sack slurry backfill and appurtenances, as shown on these plans, complete and in place. 1 EA $7,��•''° $ 4. Cut and cap/seal existing waterline, including all appurtenances, as shown on these plans, complete and in place. 3 EA $ �� `D $ 5. Remove existing valve box and cover, including excavation, backfill, and surface repair, complete and in place. 2 EA $ 500- `0 $ t, uuu 6. Furnish and install 2-inch temporary blowoff for pressure testing, including all appurtenances, as shown on these plans, complete and in place. 4 EA 7. Chlorination and testing of all new water mains and appurtenances, complete and in place. 1 LS 8. Traffic control throughout work area, including preparation of traffic control plans. 1 LS $ 9. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS $ \;Ow, 10. Pothole existing utilities as directed by and in the presence of the City inspector, including pavement repair and traffic control. 4 EA $ v"" $ 11. Demobilization and Cleanup 1 LS $ S,00u-- $ S.VaU �o C-28 PROJECT BID SCHEDULE H Watermain Replacement Project, Alley North of Pacific Coast highway From Alley Between loth Street and 11 "' Street to 11th Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 12. Furnish and install 8-inch cut in valve assembly, including valve, PVC Class 200 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 3 EA $5.0LWO $ 15.cx» a- 13. Provide temporary water service to properties isolated from the watermain during construction. 1 LS $ 5.0�-" $ S Uw• "' 14. Furnish and install new 1-inch polyethylene water service, including pipe, fittings, valves, connection to existing 1-inch, metering assembly abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction and appurtenances, complete and operative in place. 2 EA $1,�� 15. Remove and dispose of existing valve. Dispose of interfering pipeline, and seal existing pipe ends, including surface repair, as shown on these plans, complete and in place. 5 EA $ TOO, 16. Furnish and install 6-inch cut in valve assembly, including valve, PVC Class 200 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 1 EA $ 3,S0u• $ 30Goo 17. Furnish and Install new 1-inch polyethelyne water service, including piping, fittings, valving, removal and disposal of existing meter box, connection to existing 1-inch meter, new meter box, abandonment of existing line, trench excavation, pipe bedding, zero sack slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 1 EA $1 Soo. � $ 1,��� Sub -Total Amount for All Bid Items — SCHEDULE H $ t 0b 300. ° ° C-29 PROJECT BID SCHEDULE I Watermain Replacement Project, Walnut Avenue Alley Between 11th Street and 12th Street to 12th Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ Lo.oa� °' $ L,;> n' 2. Furnish and install 8-inch PVC pipeline in Walnut Avenue with nitrile (NBR) gaskets, and connection to the existing watermain at 12th St., and the alley between 11th St. and 12th St., including all valves, fittings, cathodic protection and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. 143 LF $ ;)W- °9 $ of S b w 3. Construct 8-inch PVC pipeline in alley between 11' St. and 12t' St. with nitrite (NBR gaskets), and connection to existing watermain, including all valves, fittings, cathodic protection, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 63 LF � yV. "" $ ao� 4. Remove and salvage (to City) existing fire hydrant, including removal and disposal of bury, valve box and valve cover, backfill, and surface repair, as shown on these plans, complete and in >� place 1 EA a-- Dui 5. Construct new fire hydrant assembly, including furnishing and installing new bury, valve and appurtenances, zero sack slurry backfill, and surface repair, as shown on these plans, complete and in place. 1 EA $ 5, 0vo. v $ oua 6. Cut and cap/seal existing waterline, including all appurtenances, as shown on these plans, complete and in place. 2 EA $�SOO. $ 1, ov0- 7. Remove existing valve box and cover, including excavation, backfill, and surface repair, complete and in place. 2 EA $ 5u')• $ X. yvo, d' 8. Furnish and install 2-inch temporary blowoff for pressure testing, including all appurtenances, as shown on these plans, complete and in place. 3 EA $ S� "" $ 1. f0J. `a 9. Chlorination and testing of all new water mains and appurtenances, complete and in place. 1 LS $ a-,�w."" $ 10. Traffic control throughout work area, including preparation of traffic control plans. 1 LS C-30 PROJECT BID SCHEDULE I Watermain Replacement Project, Walnut Avenue Alley Between 11th Street and 121h Street to 12`h Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 11. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS $ t."f $ l.M.1-v 12. Pothole existing utilities as directed by and in the presence of the City inspector, including pavement repair and traffic control. 4 EA $ Sua•°' $ j ntx1- 13. Demobilization and Cleanup 1 LS 14. Furnish and install 6-inch cut in valve assembly, including valve, PVC Class 200 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 2 EA $ 3,Sw • `' $ '7. nvu - u• Sub -Total Amount for All Bid Items — SCHEDULE 1 $ emu• "° IA 7o 0 v ri I rL'7E,D C-31 PROJECT BID SCHEDULE J Watermain Replacement Project, Olive Avenue and Alley Between 11th Street and 12th Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $1 J, ot,u, "° $ 1 Ck oui - 2. Construct 8-inch PVC pipeline in alley between 11th St. and 12th St. with nitrile (NBR gaskets), and connection to existing watermain, including all valves, fittings, cathodic protection, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 60 LF 3. Remove and salvage (to City) existing fire hydrant, including removal and disposal of bury, valve box and valve cover, backfill, and surface repair, as shown on these plans, complete and in place 1 EA 4. Construct new fire hydrant assembly, including furnishing and installing new bury, valve and appurtenances, zero sack slurry backfill, and surface repair, as shown on these plans, complete and in place. 1 EA $ S $ 5. Furnish and install 2-inch temporary blowoff for pressure testing, including all appurtenances, as shown on these plans, complete and in place. 2 EA 6. Chlorination and testing of all new water mains and appurtenances, complete and in place. 1 LS Scw 7. Traffic control throughout work area, including preparation of traffic control plans. 1 LS $ a :s�� ` $ 3 -S (-J- 8. Install sheeting, shoring, and/or bracing as required for all trenching and excavation operations, and confined spaces in accordance with these plans and as required by law. 1 LS $ I uu-j- 9. Pothole existing utilities as directed by and in the presence of the City inspector, including pavement repair and traffic control. 2 EA $ 9u), �° $ XL vuj- 10. Demobilization and Cleanup 1 LS "` C-32 PROJECT BID SCHEDULE J Watermain Replacement Project, Olive Avenue and Alley Between 11th Street and 12th Street BID ITEMS Item Unit No. Description Quantity Unit Cost Total Cost 11. Furnish and install 6-inch cut in valve assembly, including valve, PVC Class 200 pipe, transition couplings, removal and disposal of existing pipe and appurtenances as shown on these plans, complete and in place. 2 EA $3.!Gw. $ -7ouu 12. Furnish and install 4-inch pump -out assembly, including all valving, fittings, zero sack slurry backfill and appurtenances, as shown on these plans, complete and in place 1 EA $ i,Soj-" Sub -Total Amount for All Bid Items -- SCHEDULE J $ ::;,Ct Soo. C-33 PROJECT BID SCHEDULE K Watermain Replacement Project Alley Rehabilitation for All Sites BID ITEMS Item No. Description Quantity Unit Unit Cost Total Cost 1. Install Aggregate Base (AB) 1,376 Tons $ 4 •` $ M6 0 2. Install AC 513 Tons $ 1z - 3. Install Slurry Seal 13,441 SF $ l - $ IbvB0l .?s 4. Cold Milling 1,242 SF $��. uO $ 4 4"" 5. Unclassified Excavation 1,356 CY $ 10-11" $ 1 6. Adjust Utility Cover 123 EA $ $ °0 7. Adjust Water Cover 26 EA $ Sw,ua $ 13.uuu•"° 8. Adjust Sewer/Storm Drain Manholes 7 EA $1,11uo. °" $ "7.u,xX 9. Adjust Survey Monuments 6 EA $ 570a" $ 3,00a. "a 10. Remove/Construct Concrete Sidewalk 689 SF $_Lo.00 $ b 970, 11. Remove/Construct Concrete V-Ditch 9,880 SF $_a. v`' $ M Sbo,"° 12. Remove/Construct Concrete Drive Approach 5,262 SF $1,0.00 $ 5Q, b", °° 13. Remove/Construct Concrete Curb 28 LF $ 5�t . "'' $ 14 14. Remove/Construct Concrete Curb and Gutter 72 LF $ '7!& $ w - 15. Install Slurry Seal (detail sheets to be provided) 13,100 SF 16. Remove/Construct Concrete Drive Approach (detail sheets to be provided by Agency) 3,600 SF $ 3b_�UCx9•°° Sub -Total Amount for All Bid Items — SCHEDULE K $ !48;', Sqo C-34 PROJECT BID SCHEDULE TOTALS CC-1262 WATERMAIN REPLACEMENT PROJECT Sub -Total Bid Schedule A Sub -Total Bid Schedule B Sub -Total Bid Schedule C Sub -Total Bid Schedule D Sub -Total Bid Schedule E Sub -Total Bid Schedule F Sub -Total Bid Schedule G Sub -Total Bid Schedule H Sub -Total Bid Schedule I Sub -Total Bid Schedule J Sub -Total Bid Schedule K TOTAL BID AMOUNT (Schedules A-K) 4 $ 31cf 34139C, n. w A � Ibl�t2d_�o L 06,1W_ "o So� ao TOTAL BID AMOUNT IN WORDS: SCWio. 4. Ad C_W c 4,)4`9T- f�'4 L - .S &a S'i1lC �•. Ar C e c�.o WAl- S Notes: All extensions of unit prices will be subject to verification by Owner. In case of a verification between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. 6es; 2.7..5 C-35 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 o Work Name and Address of Subcontractor State License Number Class L%J S-f^t- 2�?�7 A5141 5. F- lc3c�a 910 (ol 4 a gi 44)'O.. C4 ?a2t 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-36 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Kk LVrct EL a, R� , being first duly sworn, deposes and says tha!�ejh or she is �i.ers�cycti-r of Z(-k+—G^kvz& u4cs+ Tx) L 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. —C 2vF� Wfr-s i -37N(o. Name of Wder� 11 Signature`\Of Bidder s oot - r� i c to 0. e-*A- g 212 ti Address of Bidder Subscribed and sworn to before me this day of , 2005. NOTARY ADMA N. PEREZ-CUI.PEPER Commission * 1372422 Notary Public - California San Diego County %My Comm. E Sep 27. 2= NOTARY SEAL C-37 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 Construction of Watermain Replacement Project, Orange Avenue, from 3d Street to 11th Street; Watermain Replacement Project, Alley North of Pacific Coast Highway, from 6th Street to Oh Street; Watermain Replacement Project, Alley North of Pacific Coast Highway, from 15th Street to Alley Between ,15th Street and 16th Street; Watermain Replacement Project, Alley Between 6th Street and 7th Street, from Alley North of Pacific Coast Highway to Orange Avenue; Watermain Replacement Project, Alley Between 5th Street and 6th Street, from Walnut Avenue to Orange Avenue; Watermain Replacement Project, Acacia Avenue, from Lake Street to Alley Between Pecan Avenue and 7th Street; Watermain Replacement Project, 7th Street, from Alley Between 6th Street and 7th Street to Palm Avenue; Watermain Replacement Project, Alley North of Pacific Coast Highway, from Alley Between 10th Street and 11th Street to 11th Street; Watermain Replacement Project, Walnut Avenue, from Alley Between 11th Street and 12th Street to 12th Street (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor _ l By � C R.��' tn.e �•.�' Date: Title �! � C" C-38 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 l(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-39 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: ­7 `{�o -P--1Zt+ �,4� vFA 1 J S ► �- Title (? 12-6- � t4,r-. -- - C40 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: 3'his form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-41 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name (40'9)1c� rt(SSI Ld &JC Business Address S� biejs,a C^ 47rL110 City, State Zip &"19 ) 6 <'3'7 Telephone Number State Contractor's License No. and Class UAV Original Date Issued Expiration Date The work site was inspected by otr—L. 41ryof our office on L . 2005. The following are persons, firms, and corporations having a principal interest in this proposal: 1Q^� CA-t z C-42 f s' The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidd Printed or Typed Signature Subscribed and sworn to before e o ADMA N. PF-REZ-CULPEPER Commission # 1372422 Notary Public - California San Diego County My Comm. E S� 27, Z006 NOTARY PUB IC \"� t V 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: 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed 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 C-43 THE AMEKiCAN INSTITUTE OF ARCHI i ECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we BRH-Garver West, Inc., 6910 Mission Gorge Road, San Diego, CA 92120 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Arch Insurance Company, 3 Parkway, Philadelphia, PA 19102 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Missouri as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Water Main Replacement Project, Huntington Beach, CA (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shag enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. my 2005 -Ga er st, Inc. (Principal) (Seal) (ride)Ins rance Company Al (i °ierY) (Seal) n Dombrowski, Attorney -in -Fact AIA DOCUMENT A310 • BID BOND - AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE- N.W., WASHINGTON, D. C. 20006 State of Connecticut } } County of Hartford } On this 14th day of July Joann Dombrowski 2005 before me personally appeared To me known, who being by me duly sworn did depose and say that he/she is the Attorney -in -Fact of Arch Insurance Company The corporation described in and which executed the above instrument; that he/she knows the seal of said corporation, and that he/she signed his/her name thereto by like order. Marion K Vail Notary Public Commission Expires: November 30, 2005 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Russell M. Canterbury, John B. O'Keefe, Joann Dombrowski, Virginia R. Martin, Victoria P. Jovino and Marion R. Vail of Hartford, CT (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond Within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these- presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if.the, same'had .been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas.City; Missouri. . This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company ha -aused this instrument to be signed and its ".porate seal to be affixed by their authorized officers, this 26th day of May , 2005 Attested and Certified e4-441-6-11 e-- �4z(� "/ Edward M. Titus, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company vtonce C i' CORPORATE 3'O SFAt 797/ Niseerd `� Ma can Anderson, Vice President I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laves of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severalty acknowledged that they being thereunto duly authorized signed, seated with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCMIKIiS, Notary PuNdc ^ -�- Z----� Cyr d Philadelphia, Phila. County Kathlben Marcinkus, N tary Public my Conxnission Exom Feixuary 25, 2006 My commission expires 2-25-06 CERTIFICATION 1, Edward M. Titus, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 26. 2005 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Mary Jeanne Anderson, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 1 L th day of .t„ i y , 20D5_. Edward M. Titus, Vice President This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Ste. 1500 Philadelphia, PA 19102 ponce C Oy O CORPORATE sEx � 1977 {� Nisieert OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2004 Assets Cash in Banks $ 41,070,019 Bonds owned 346,796,820 Stocks 153,760,974 Premiums in course of collection 111,435,010 Accrued interest and other assets 154,127,307 Total Assets $ 807,190,130 Liabilities Reserve for losses and adjustment expenses $ 206,071,589 Reserve for unearned premiums 56,514,162 Reserve for taxes, expenses and other liabilities 207,587,277 Total Liabilities 470,173,028 Surplus as regards policyholders 337,017,102 Total Surplus and Liabilities $ 807,190,130 By: Attest: Senior Vice President Secretary State of New York ) SS City of New York ) Fred Eichler and Martin Nilsen, being duly sworn, say that they are Senior Vice President and Secretary, respectively, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 2004. Subscribed and sworn to before me, this day of March, 2005 Notary Public PETER J. CAL.L.BO, E80. Notary Public, atm% of New York No. 02CASIOG 8 Qualified in Now York County Commission Expires May 3.2008 STATE OF C.4I.IFoktMA D WRMT MNT OP` INW E NO 07718 SAN FMANCISCfJ #mended Ce�ti�icate of Authority '1`Hi9 Is To CPR'1`lFY TiiAT, t'ura►ncnt to the b►rurary-a Cody grOW snare of Cat&Mta. Arch zneurattae Ccmlpany 4l vansas City, Miaaouri , orsaniced under the laws of fwi rtnouxi , 4ubjeat to Its Artictea of Incorporation or vtherfUndamenMl organt4adondl doomwnts, is hatahyauthartted to nwaaci within the SwtoG 6ublom to all provisions gf Rhlf Csrtifieate. th4 followbrad akmes of'ia juntneet First mariner surety# Liability* wo*kers' campenseeiono CCMMOn carrier Liability, Team AM4 'v4hicle, _and Automobile as such elassel am now or tray ho„ Vwk. be dqflned In me worwte:e Laws 4f the Smwe etf Can6""la. ' D1,9 C:RkT XCATB Id e+aprvstrly can&h1anad upon rA4 hW4Or hereof Prow and henugter being trt f ,11 compliance with all. wad Hot In vlaladon of any, Othe erpptl�able laws mid 14"M ►rcqutro stews made under authority ryth• law.t of the Stabs of Cali' mia as long air euah taws or Mqueromernta are in ag®et ar<d 4,ppltcabig, cn.d OX etch 14wt And' rrqutrememe now are, oh may hewcEier be chanvd or amended - IN WrrNWS 'WHEPMM a-Mrtive atr Rfthe LsGh day of -as;" ?0M1 have hereunto rat my hand and caured Iny cffletat seat to be qfflxed this 13 th day �LlUV MY Qw fiftolf+o M Ma—"� e>e 9Es0 94, %WMWWvlset�d tgni �r i#a um-w of dde apdC— o! All F b"0o wW br a gtaupde for ro 92W Cftf xw of Ty vwtt eat to M& 004" Gmedtdorte *Mtmbwd basin. .teas Ca ¢. r [� xVM AftP.4• 4 ty �j• Aac cait4vdda Cho [dodo U � a hWaeyeloa'701 d Cho lnNf. in The fi earn as se.r ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. PROJECT LOG Project: Construction of Margarita Road Recycled Water Pipeline Location: Temecula, CA Owner: Rancho California Water District Value: $ 485,000.00 Contact Name: Craig Mapes Phone #:(951) 296-6900 Project: Construction of Pipeline Project 240 Location: El Cajon, CA Owner: Helix Water District Value: $ 547,375 Contact Name: Chris McCrae Phone #:(619) 667-6720 Project: Construction of Pipeline Project 237 Location: El Cajon, CA Owner: Helix Water District Value: $827,910.00 Contact Name: Darrell Williams Phone #:(619) 667-6280 con BRH GARVERWEST BRH G'3n""' Vv"sl inc e"'10 mis5iar, Gt rw- Rlo'w San D!equ ('A 532120 'r A'v h�1:��„e,�^;i et n }•�,� *9 PH 619-265-17`i,3'7 FX 619-265-8672 Project: Block 171 Sewer Main Replacement and Repaving Project Location: Coronado, CA Owner: City of Coronado Value: $ 186,395.00 Contact Name: Ngyra Stebbins Phone #:(619) 522-7383 Project: Phase IV Sewer Rehabilitation Location: Lemon Grove, CA Owner: City of Lemon Grove Value: $ 519,468.00 Contact Name: Rafael Munoz Phone #:(619) 825-3810 Project: Water Replacement Group 536 & 538 Location: Downtown San Diego, CA Owner:City of San Diego Value: $ 2,286,795.00 Contact Name:Saeed Askari Phone #:(858) 627-3200 Project: Construction of Sewer and Water Group 545 Location: Downtown San Diego, CA Owner:City of San Diego Value: $2,496,990.00 Contact Name: Jason Guise Phone #:(858) 627-3200 Project: Construction of Half Moon Bend Sewer Replacement Proj. Location: Coronado, CA Owner: City of Coronado Value: $ 293,752.00 Contact Name: Ngyra Stebbins Phone #:(619) 522-7383 Con BRH GARVERWEST RRH Garve,- Wc>s` Erc 69, 0 Miss+: n Gorge Read San D'ego CA -^2' 2C7 Eic_4 84`,819 n PH 619-265-0537 FX 61 9-265-8672 Project: Construction of Sewer Group 704 Location: Downtown San Diego, CA Owner:City of San Diego Value: $2,286,942.00 Contact Name:Eddie Wibowo Phone #:(858) 627-3263 Project: Construction of Sewer Group 464C Location: Downtown San Diego, CA Owner:City of San Diego Value: $2,249,818.00 Contact Name:Robert Hannah Phone #:(858) 627-3265 Project: SEWER REHAB PHASE "B" Location: Various Locations, San Diego Owner:City of San Diego Value: $5,175,823.00 Contact Name:Coselyn Goodrich Phone #:(858) 627-3200 Project: Ocean Blvd. Sewer Main and Storm Drain Diverters Project Location: Coronado, CA Owner: City of Coronado Value: $ 1,118,248.00 Contact Name: Ngyra Stebbins Phone #:(619) 522-7383 Project: Construction of Sewer Replacement Group 623B Location: Downtown San Diego, CA Owner:City of San Diego Value: $3,296,956.00 Contact Name: Dick Giron Phone #:(858) 573-5048 BRH on GARVERWEST hF*I Garv.;r Wcs` Irc, 3910 Nhssion Gorg4 Roac San ID[e qu CFI, 921201 tiomwr brr.;j�rvi�rv;es! cram L::'.r# t?6S8'S) A PH 619-265-0537 FX 619-26 5-&672 Project: East Linda Vista Trunk Sewer Phase 2 Location: Linda Vista Area Owner:City of San Diego Value: $2,249,818.00 Contact Name:Isidro DeAllende Phone #:(858) 573-5024 Project: Construction of Sewer Group 539 Location: Downtown San Diego, CA Owner:City of San Diego Value: $5,415,000.00 Contact Name:Joseph Diab Phone #:(858) 627-3252 Project: Construction of Sewer Group 652 Location: Kensington Area, San Diego, CA Owner:City of San Diego Value: $3,297,000.00 Contact Name:Henry Gimutao Phone #:(858) 627-3258 Project:As Needed: Minor Street Improvements - Contract 2 Location: Various locations, San Diego, CA (as needed Owner:City of San Diego Value: $1,800,000.00 Contact Name:Danny Schrotberger Phone #:(619) 533-3778 Project:Torrey Pines Rd. Trunk Sewer Location : La Jolla, CA Owner:City of San Diego Value: $2,784,000.00 Contact Name:Joe Aroyo - RBKA Phone #:(858) 638-9518 Project: Sanitary Sewer Upgrade FY 00-01 Location: Coronado, CA Owner:City of Coronado Value: $397,000.00 Contact Name:Joe Bride Phone #:(619) 522-6571 CBRH r"� GARVERWEST RRH Garnrer V4tst inc 6910 Mi; sion Gorge Roaer San ", eqt, CA bc w X..58'9 A PH 619-265-0537 FX 619_26 _867 j Project: Marina Interceptor Sewer Location:Marina del Rey, CA Owner:City of Los Angeles Value: $5,780,000.00 Contact Name:John Hughey Phone #: Project: La Jolla -Pacific Beach Trunk Sewer - Manhole & Vault Location:La Jolla & Pacific Beach areas, San -Diego, CA Owner:City of San Diego Value: $2,168,450.00 Contact Name:Ralph Adamos Phone #:(858) 627-3266 Project: Construction of Sewer Group Job 635 Location: Downtown San Diego, CA Owner:City of San Diego Value: $1,476,000.00 Contact Name:Joseph Diab Phone #:(858) 627-3272 Project:West Linda Vista Trunk Sewer Phase 2 Location:Linda Vista area, San Diego, CA Owner:City of San Diego Value: $1,146,000.00 Contact Name:Douglas Cook - SKE Phone #:(858) 654-4215 Project: Elsinore - Regional Reclamation Facilities (BRH Garver worked as sub to NDB Location:Lake Elsinore, CA Owner:Elsinore Valley Municipal Water Dist. Value: $500,000.00 Contact Name:Joe Stengle (NDB General Contractor Phone #:(619) 291-6330 BRH on GARVERWEST f3ft i (-�nrvEx Vb�o::t l; c t-;nn [7.vW PH 6141.26a-Q5J7 FX Wq-265-86772 Project:Sewer Group Job 530 Location:Point Loma area, San Diego, CA Owner:City of San Diego Value: $759,000.00 Contact Name:Alejandro Ruiz Phone #:(858) 627-3298 Project: Construction of Sewer Group 641 Location: La Jol Ia,CA Owner:City of San Diego Value:$3,100,000.00 Contact Name:Saeed Askari Phone #:(619) 533-3147 Project:As Needed -Minor Street Improvement Project - Contract 1 Location: Various locations, San Diego, CA (as needed Owner:City of San Diego Value: $2,000,000.00 Contact Name:Danny Schrotberger Phone #:(619) 533-3778 Project:Sewer Main Replacement Group 607 Location: South/East San Diego, CA Owner:City of San Diego Value: $867,000.00 Contact Name: Dave Zoumaras Phone #: (858) 627-3252 Project:North Mission Valley Interceptor Sewer Phase 2 Location: Mission Valley area, San Diego, CA Owner:City of San Diego Value: $5,293,000.00 Contact Name: Ralph Adamos Phone #: (858) 627-3266 cn BRH GARVERWEST Eat H C_imv�,,r dti e>s, Ina. 69110, hlLs, loll Co Roy ld S P!ve < ('A 0 M vti w.. !�=i�t5.7�ea .. ���: t �;ai�*� �a � 4h,Mt r' r as t � k� 1 r1 Pl�i E719-�'tiS-E).i;3 FX 619-265-8672 Project:Sewer Group 629 Location: South/East San Diego, CA Owner:City of San Diego Value: $1,500,000.00 Contact Name: Ralph Adamos Phone #:(858) 627-3266 Project: East Linda Vista Trunk Sewer Phase 1 Location:Linda Vista area, San Diego, CA Owner:City of San Diego Value: $2,400,000.00 Contact Name:Dave Zoumaras Phone #:(858) 627-3252 Project: Sewer Group 507 Location:Golden Hills area, San Diego, CA Owner:City of San Diego Value: $1,500,000.00 Contact Name:Dave Zoumaras Phone #:(858) 627-3252 Project:Miramar Pipeline Rehabilitation Location: Miramar area, San Diego, CA Owner:City of San Diego Value: $1,850,000.00 Contact Name:Dave Zoumaras Phone #:(858) 627-3252 Project: Water Group 508 Location:Golden Hills area, San Diego, CA Completion Date:August 94 Owner:City of San Diego Value: $1,100,000.00 Contact Name:Dave Zoumaras Phone #:(858) 627-3252 Project: North Mission Valley Interceptor Phase 1 Location: Mission Valley area, San Diego, CA Owner:City of San Diego Value: $11,000,000.00 Contact Name:Dave Zoumaras Phone #:(858) 627-3252 con BRH GARVERWEST r3R1 d Garver Vveat Inc 6910 16ssicn Gorge Roaci, San :>ieg�3. CA 92120 Licg 8a5819 A PH 619-265-0537 FX 619-265-8672 C BRH GARVERWEST BF*i Garver'hes, Ir, k4iss,*n Cwqc Roacl San D,eqo CA 92120 CtLaP,45819A PH 619-265-0637 FX 619-265-8672 /'1 CORD r ` a s DATE (MM/DD/YY) Tr s . s� � LMUTLITYINSURANC '- 08/10/05 :�w PRODUCER Aon Risk Services of TexasInc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY , dba Aon Risk Ins Services of TX, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Li C . # 0559715 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 1330 Post Oak Blvd. CC, �a�p, . COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 900 Houston TX 77056-3089 USA INSURERS AFFORDING COVERAGE PHONE- 832 476-6000 FAX 832 476-6590 INSURED e- ��� �/ V�T C60 INSURER New Hampshire Ins Co BRH Garver west, Inc. `�/` �I �p 'il� INSURER American Home Assurance Co. 6910 Mission Gorge Rd IQJ.iCIt/ San Diego CA 92120-2420 USA INSURER Arch Specialty Insurance Company P14 /a� INSURER D INSURER E 'ta ta�sement8 trams da6ons m►d6>1Yr8u)�s'tII`It►a, ]ram sue,` �r - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR POLICY EFFECTIVEPOLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM\DD\YY) DATE(MM\DD\YY) A GENERAL LIABILITY 2000000050154900 08/11/05 08/11/06 EACHOCCURRENCE $1,000,000 General Liability X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anv one fire $ 50 , 000 CLAIMS MADE X� OCCUR MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $1, 000 , 000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRO PRODUCTS - COMP/OP AGG $2,000,000 POLICY E JECT FX I LOC A AUTOMOBILE LIABILITY CA7591969 08/11/05 08/11/06 Commercial AUtomobi 1 e COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1, 000 , 000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS ( Per person) X HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Per accident) APPROVED S ff FORt� % PROPERTY DAMAGE (Per accident) GARAGE LIABILITY J IFER MCAG, City .C�Qrnj� AUTO ONLY- EA ACCIDENT ANY AUTO � / OTHER THAN EA ACC AUTO ONLY AGG C EXCESS LIABILITY ULPOUU094NI 08/11/05 11 EACH OCCURRENCE $5,000,000 Umbrella OCCUR ElCLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE X RETENTION $10,000 B WORKERS COMPENSATION AND 2CW50154800 08/11/05 08/11/06 X WC STATU- OTH- EMPLOYERS' LIABILITY workers Compensation TORY LIMITS ER E L EACH ACCIDENT $1, 000, 000 E L. DISEASE -POLICY LIMIT $1, 000, 000 E L DISEASE -EA EMPLOYEE $1, 000 , 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are included as ADDITIONAL INSURED(S) under GL/AL/UMB on a PRIMARY AND NON-CONTRIBUTORY basis as respects liability arising from operations performed by or for the Named Insured, subject to policy terms, conditions, and LLAMN City Of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 2000 Mail Street - P.O. Box 190 DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T8 MAIL Huntington Beach CA 92648 USA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL WPOSENO LiTy AUTHORIZED* REPRESENTATIVE Attachment to ACORD Certificate for BRH Garver West, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURER INSURER INSURER INSURER INSURER it information. refer to the corresnondine nnliev on the ACORI) INSURED BRH Garver West, Inc. 6910 Mission Gorge Rd San Diego CA 92120-2420 USA ADDITIONAL POLICIES If a policy below does not include lim certificate form for policy limits. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONS/LOCATIONSNEMCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS exclusions. A WAIVER OF SUBROGATION is issued in favor of Certificate holder where required by written contract under the GL/AL/UMB/WC. Cancellation Provision shown herein is subject to shorter or longer time periods depending on the jurisdiction of, and reason for, the cancellation. Certificate No: 570014588411 G L6431843 Effective Date: 08/11 /2005 Named Insured and Address: BRH Garver West, Inc. 6910 Mission Gorge Rd San Diego, CA 92120 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Such insurance as is afforded by this policy for the additional insured shown in the Schedule of this endorsement shall apply as PRIMARY insurance and WE WILL NOT SEEK CONTRIBUTION from any other insurance of self insurance maintained by such additional insured. b,;ER EDAS TO FORM: Mc RATH, ity� ey/O`er ;, & CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 6, 2005 JOAN L. FLYNN CITY CLERK BRH Garver West, Inc. 6910 Mission Gorge Road San Diego, CA 92120 Re: CC-1262 — Watermain Replacement Projects The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. if your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, ( 0�_ jj�� oan L. Flynn City Clerk JF: pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followup\cashcont\cashcon-letter. doc ( Telephone: 714-536-5227 ) City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JE IFER McGRATH, CityAa� Sarah Sutton / Putt City Attom'-Y 12 -1 I C� g:followuplcashcont\cashcon 1.doc procedure #14 DECLARATION OF SATISFACTION OF CLAIMS I, , state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i and dated 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") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of (Location) gJbIIowup%cas hcon ttcashconZdoc procedure #15 (Signature of Contractor) , 20 APPROVED AS TO FORM k ER M�GRATH, CityAttorney,b SuttonCity Attorney :4*44:W14113 � (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari reidenrich, City Treasurer FROM: �- tt ��� i DATE: /qc SUBJECT: Bond Acceptance 1 have received the bonds for �Iyve/L-(,4,67- (company Name) Faithful Performance Bond No. /© 1610 Labor and Material Bond No. Monument Bond No. Maintenance Bond No. V�s r)&2-i % `& A Z� Re: Tract No. CC No. MSC No. Approved S W (Council Approval Date) /a / s6 �1-0 Agenda Item No. �E —// . City Clerk Vault No. .6# - 6no f 14ass34-1 #27 g:/followup/bondletter.doc ,L1L�PZ-/ Co-4/-Z7 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A312 Performance Bond Bond No. SU 1015670 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where aoolicable. CONTRACTOR: SURETY: BRH-Garver West, Inc. Arch Insurance Company 6910 Mission Gorge Road 3 Parkway, Suite 1500 San Diego, CA 92120 Philadelphia, PA 19102 OWNER: City of Huntington Beach Dept. of Public Works Huntington Beach, CA CONSTRUCTION CONTRACT Date: lb-ta--05" Amount: $ 2,788,603.00 Description: OC-9 Water Transmission Main Replacement - in Newland Street from Yorktown Avenue to Warner Avenue, Huntington Beach, CA BOND Date (Not earlier than Construction Contract Date): Amount: $ 2,788,603.00 Modifications to this Bond: CONTRACTOR AS PENCIPAL Company:BRH-G rver We , I (Corporate Seal) Signature Name and Title: I � � L C - Aaona- P� ®None ❑ See Page 3 SURETY Company: Arch Insurance Company (Corporate Seal) Signature: " ' Name and Title: Joann Dombrowski, Attorney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: Marsh USA Inc. Engineer or One State Street, Hartford, CT 06103 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W., WASHINGTON, D. C. 20006 THIRD PRINTING - MARCH 1987 OWNER'S REPRESENTATIVE (Architect, other party): Architect name and address 1 F889 Rev 6/87 1.The Contractor and the Surety jointly =' . severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract: or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: ❑ .1 After investigation, determine the amount for which it ma, a liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8. The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W., WASHINGTON, D. C. 20006 THIRD PRINTING • MARCH 1987 F889 Rev 6187 able to sureties as a defense in the juri, don of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any are .nts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. ❑ (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: Address: (Corporate Seal) SURETY Company: Signature: _ Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W., WASHINGTON, D. C. 20006 THIRD PRINTING • MARCH 1987 (Corporate Seal) F889 Rev 6/87 State of Connecticut County of Hartford On this 10th day of August 2005 before me personally appeared Joann Dombrowski To me known, who being by me duly sworn did depose and say that he/she is the Attorney -in -Fact of Arch Insurance Company The corporation described in and which executed the above instrument; that he/she knows the seal of said corporation, and that he/she signed his/her name thereto by like order. Marion R. Vail Notary Public Commission Expires: November 30, 2005 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Russell M. Canterbury, John B. O'Keefe, Joann Dombrowski, Virginia R. Martin, Victoria P. Jovino and Marion R. Vail of Hartford, CT (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as.if the same t ad.been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas.City, Missouri. , This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00MI-0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 26th day of May 2005 Attested and Certified Edward M. Titus, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company gv�once C `p o .c CORPORATE �O SFAI ; 1971 {� Missouri ; Ma can Anderson, Vice President 1, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCINKUS, Notary Public ^ - — City of Phiiadetphia, Phila, Courtly Kathl en Marcinkus, N tary Public My Commission Ex*w February 25, 2006 My commission expires 2-25-06 CERTIFICATION I, Edward M. Titus, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 26. 2005 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Mary Jeanne Anderson, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of , 2005 Edward M. Titus, Vice President This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Ste. 1500 Philadelphia, PA 19102 D C OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. THE AMEkiCAN INSTITUTE OF ARCHITECTS to Bond No. SU 1015670 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR: SURETY : BRH-Garver West, Inc. Arch Insurance Company 6910 Mission Gorge Road 3 Parkway, Suite 1500 San Diego, CA 92120 Philadelphia, PA 19102 OWNER: City of Huntington Beach Dept. of Public Works Huntington Beach, CA CONSTRUCTION CONTRACT: Date: q - Qa J� Amount: $ 2,788,603.00 Description (Name and Location): OC-9 Water Transmission Main Replacement - in Newland Street from Yorktown Avenue to Warner Avenue, Huntington Beach, CA BOND Date (Not earlier than Construction Contract Date): Amount: $ 2,788,603.00 ❑ Modifications to this Bond: See Page 6 CONTRACTOR AS PRINCIPAL Company: BRH-Gary es , nc. (Corporate 9= Seal) Signature: f Name and Title: ►►�L - 2vtiIf- rn-e�T © None ❑ SURETY (Corporate Arch Insurance Company Seal) Signature: G' Name and Title: Joann Dombrowski, Attorney -in -Fact Any additional signatures appear on page 6) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: Marsh USA Inc. or One State Street, Hartford, CT 06103 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W., WASHINGTON, D. C. 20006 THIRD PRINTING - MARCH 1987 OWNER'S REPRESENTATIVE (Architect, Engineer other party): Architect name and address 4 F889 Rev 6/87 1. The.Contractor and the Surety, joiriilly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: Have furnished written notice to the Con- tractor and sent a copy, or notice thereof to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W,, WASHINGTON, D. C. 20006 THIRD PRINTING - MARCH 1987 F889 Rev 6/87 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14. Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished,. to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. ❑ (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Signature: Name and Title: Address: (Corporate (Corporate Seal) Company: Seal) Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA OD THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE..N.W., WASHINGTON, D. C. 20006 THIRD PRINTING • MARCH 1987 F889 Rev 6/87 State of Connecticut County of Hartford On this loth day of August 2005 before me personally appeared Joann Dombrowski To me known, who being by me duly sworn did depose and say that he/she is the Attomey-in-Fact of Arch Insurance Company The corporation described in and which executed the above instrument; that he/she knows the seal of said corporation, and that he/she signed his/her name thereto by like order. 7AA"�' -,;e U 0 Marion R. Vail Notary Public Commission Expires: November 30, 2005 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Russell M. Canterbury, John B. O'Keefe, Joann Dombrowski, Virginia R. Martin, Victoria P. Jovino and Marion R. Vail of Hartford, CT (EACH) its true and lawful Attorneys) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as,if.the same.had.been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas.City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 26th day of May 2005 Attested and Certified (4-4a, '�e'e4z Edward M. Titus, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company ogan., ce L*-- nderson, Vice President I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL-�/G`z- KATHLEEN MARCINKUS, Notary Public City of Philadelphia, Phila. County Kathl en Marcinkus, N tary Public My Comn+ssion Expires February 25, 2006 My commission expires 2-25-06 CERTIFICATION I, Edward M. Titus, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 26. 2005 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Mary Jeanne Anderson, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of 2005 Edward M. Titus, Vice President This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Ste. 1500 Philadelphia, PA 19102 once C CORPORATE O�'0 SEAL ; a /971 tj MtSl06fl OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2004 ASSets Cash in Banks Bonds owned Stocks Premiums in course of collection Accrued interest and other assets Total Assets Liabilities Reserve for losses and adjustment expenses Reserve for unearned premiums Reserve for taxes, expenses and other liabilities Total Liabilities Surplus as regards policyholders Total Surplus and Liabilities By: �. Attest:. Senior Vice President Secretary State of New York ) SS City of New York ) $ 41,070,019 346,796,820 153,760,974 111,435,010 154,127,307 $ 807,190,130 $ 206.071,589 56,514,162 207,587,277 470,173,028 337,017,102 $ 807,190,130 Fred Eichler and Martin Nilsen, being duly sworn, say that they are Senior Vice President and Secretary, respectively, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31,' 2004. Subscribed and sworn to before me, thisday of March, 2005 Notary Public MER J. CAi.t,EO, Ew. Notary Public, Stata of NOW York No. 02CA6f04838 Qualified In Now York County Commieslon Expires May S. 2008 � STAM OF cALwaRI�IIA DM AArw;;T Or IN�J"A N9 0 7 718 SAN FltANMSCG Amended Certificate of A#thority T"M Is i"d CCMTT" "Mr. FW#.$ "t to the b"Ur+ance G'64 -vow sm"o v'&.dWMtA Arch Yneuzsnoa company rune+s6 city, Hiaaauri , vrtankeduKderam laws of tKi rnour i , 4ub)eae to fair ArttcW of ilrco"mWo7n or aHter edar►ttlnAgl otea tlsaeional doereRterea�, i, hotoky au0wrlted ro ttaruae l within the SAM mbjoty to allptavi:iow 4f shir Csrtlfteare, thelawwint ehwes efintatt#n�t Piro# marine# surety, Ltebilitys Ifo*kers, compensation# CoMmon carrier Liability, Team an4 'v4hicler_and Auoornabile as such classes mw now or may be do t"od br tlhe'rnsp.anee Lawj e f rho Stole• of Caivb"UA Tills CB CATO k eVM,.rty cvre490ned upon rho h6lder Ureof now ORd hertrglter being bt Jlill compliance with a14 and mat to vW.Mon of any, 09he appl#able taws and lawJirl w4ulm eemb made under authority of ther taws Of the State al'CdVbrttta du lout dIr such taw: or requbw iants arse in code$ and applivable, and as sweh taws aM rrquiremenu no* are, ap Mo herwcoer be chatts+rd or amendaad IN VATNAB$ WHBRAM cAe ve Aar of the U 3 t:h - &* of .. a_i-- 2 a 3 ,1 have+ horvWsto rat may hand arrd caused #Ay offlelal seal to be q#fted MIR 13 tit day ek 3909 Z o D 3 , joy '�°► roar ps4rof lgo►1t'3t�Cr . .. .. f rar kne r-o ales 4b. 31+�M4 ee Oesoo twa ea+i M � >> fig► �s &MUnma � iMae of dde =adsa a[ A�Np�a�Et�a b do tO e WAO Re MRe OpQr 0 4 i gava�dr ice ro fW t�erriela,aw o! pRar�,mt a tbp ex�ave . a � 4a !`o atia4 AtYi the oomdtdoae t�enssLs�d Derma. sowca¢, do ao a gem ice -- ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. Vs v Council/Agency Meeting Held: Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied W44� C' erk'oignafu Council Meeting Date: 8/15/2005 Department D Number: PW 05-057 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION o �' C h SUBMITTED TO: HONORABLE MAYOR AND CITY C UNCIL MEMBERS=+``r SUBMITTED BY: PENEL P�CB RETH-GRAFT, CI Y ADMINISTRATOR V PREPARED BY: PAUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS SUBJECT: Award Contract for Construction of Downtown Water Main Replacement Project; CC-1262 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 14, 2005, bids were received for the Downtown Water Main Replacement Project, CC-1262. Staff recommends award to BRH-Garver West, Inc., the lowest responsive and responsible bidder. An appropriation from the Water Master Plan Fund (WMP) is required to complete the project. Funding Source: An appropriation of $3.5 million from the Water Master Plan undesignated fund balance, to Water Master Plan System Improvements, Account 50791017.82100 is requested. The project was originally budgeted in the Water Fund. Recommended Action: Motion to: 1. Approve plans and specifications; 2. Accept the lowest responsive and responsible bid submitted by BRH-Garver West, Inc., in the amount of $2,791,103; 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract; 4. Appropriate $3.5 million to the project budget from the Water Master Plan Fund; and 5. Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids, and provide staff with alternative direction. This action would delay completion of the project. REQUEST FOR ACTION MEETING DATE: 8/16/2005 DEPARTMENT ID NUMBER:PW 05-057 Analysis: The approved Water Master Plan for the City of Huntington Beach (WMP) dated December 2000, recommends, "...the City undergo a cast iron replacement program starting with the downtown area." The goal of this recommendation is to systematically replace all unlined cast iron pipe. Unlined cast iron pipe is subject to both internal and external corrosion. Internal corrosion reduces the water main inside diameter, and external corrosion reduces water main reliability. The 2000 WMP recommends starting in the downtown area due to the advanced age of the water mains. On July 14, 2005, bids for the Downtown Water Main Replacement Project CC1262, were received and publicly opened by the City Clerk and, are listed below in ascending order: Bidding Contractor Bid Amount Corrected Amount BRH-Garver West, Inc. $2,788,603.00 $2,791,103.00 Ma'ich Bros. Inc. $2,849,009.25 $2,848,009.25 J. Fletcher Creamer & Son $3,353,124.00 $3,353,124.00 Minor addition errors did not alter the low bid award. Bids amounts were verified. The reference check for BRH-Garver West, Inc. provided acceptable responses from past clients. The Engineer's cost estimate is $3 million. In addition to construction contract costs, the project will require soils and materials testing by outside firms. The City has entered into on -call contracts with several reliable providers for these services. City staff will provide construction management and engineering support. The current fiscal year budget allocated $4 million for water main replacement from the Water Fund. However, this project was specified in the 2000 Water Master Plan, and is more appropriately funded by the Water Master Plan Fund. It is recommended to appropriate $3.5 million from the Water Master Plan Fund to complete this project. Funds budgeted in the original project will be returned to the Water Fund balance. Resolution 2002-119 authorizes the Director of Public Works to approve up to ten percent (10%) of the construction cost for change orders. Due to the complexity and location of this project within the old downtown alleys, a waiver of Resolution 2002-119 and authorization to expend up to fifteen percent (15%) in construction change orders is requested. Public Works Commission Action: On March 16, 2005, the Public Works Commission reviewed and recommended this project by a vote of 5-0-2 (Harlow and Spencer absent). G:\R C A\2005\05-057 August 15 Ferrigno (Award CC-1262 Downtown Water Main Replacement).doc -2- 8/1/2005 4:02 PM REQUEST FOR ACTION MEETING DATE: 8/15/2005 DEPARTMENT ID NUMBER:PW 05-057 Environmental Status: This project consists of the replacement of existing City -owned water mains, involving negligible or no expansion of capacity. The project is Categorically Exempt pursuant to Class 2, Section 15302(c) of CEQA. The project is also excluded from a Coastal Development Permit based on Paragraph II (2), of Repair Maintenance and Utility Hook -Up Exclusions from Permit Requirements, of the California Coastal Commission. Attachment(s): 1 1. 1 Location Map I2 I Sample Construction Contract 3. Fiscal Impact Statement G:\R C A\2005\05-057 August 15 Ferrigno (Award CC-1262 Downtown Water Main Replacement).doc -3- 7/28/200511:31 AM ATTACHMENT #1 /* 8egmenf5,-2,604 /1'2-/inch' ,�SbgM/ 6nt/ j,1/`45'0-If,--84n!ch e,gmenft-,'�-1';,,x8b If,-6'­-irj6h,�,. S e g M4 618 04' nc M"y "ND'F �.egm6nt 10,7 % ''/- " 4 FIf8 n c[h P W, S ,1G�V- -[hch .e giK6 n't 10[ - P.- A- W- ......w-a, 7W0,• � .. -L 6��q4F ,ns ON mP, �k M - ,�., "*k"Nv"-�1"' 5 R A"Pan, kb0' 00" S,agn Ht- 000 If 6;4n­C h X N . �11.'-1 .'11� -`Ii �g N4 -&vg"g, sl X AMR �5 N -0,,If,�84 c AO Sbgh1dn1,7 85 i! h N, N-N&I, 3 1 VOW 4� AA , � .16, g A -M. R§ , t E", 4), Y k, All . �ftA ...... ; ....... . . . . . ! -g, K pg W -A l'-'3iRIQI J Q, emi, R -,Z 5 A 2 ............ P R Z, Xat`A % m ��4 v7U; ft V �Pn -A M'. UVS1,Wmv CC 1262 Water Main Replacement Map produced by information contained in the City of Huntington Beach Information Services Department Geographic Information System. Information warranted for City use only. Huntington Beach does not guarantee its completeness or accuracy. Map Produced on 314/2005 W*E S Team, 0 600 1200 One inch equals 600 feet STREET NAMES RIGHT OF WAYS CITY BOUNDARY ISOBATHS PARKS PIER R ATTACHMENT #2 i de PLY-" CITY FUNDED CONSTRUCTION CONTRACT BETWEEN , THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 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 complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK,• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city consU4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within U consecutive 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 agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state 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 and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city consU4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/fonns/city consr/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-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 DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city consb4-03 11 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 harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to 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 not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 th %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY 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. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 TO CONTRACTOR: 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. 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 United States Code Section 1324a regarding employment verification. 32. 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. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 print name ITS: (circle one) Chairman/President/Vice President Ir1: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/city const/4-03 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 ATTACHMENT #3 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINIST/R/ATOR FROM: DAN T.VILLELLA, CPA, FINANCE OFFICER ,a SUBJECT: FIS 2005 - 26 AWARD CONTRACT FOR CONSTRUCTION OF DOWNTOWN WATERMAIN REPLACEMENT PRoJE.cr; CC-1262 DATE: JULY 25, 2005 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Award Contract for Construction of Downtown Watermain Replacement Project; CC-1262." If the City Council approves this action (total appropriation $3.5 million), the estimated fund balance of the Water Master Plan Fund at September 30, 2005 will be reduced to $27,125,000 Dan Villella, Finance Officer RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Downtown Water Main Replacement Project; CC-1262 COUNCIL MEETING DATE: August 15, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) AttachedNot Applicable ❑ Si ned in full b the City Attome Subleases, Third Party Agreements, etc. Attached Not Applicable (Approved as to form by City Attome Certificates of Insurance (Approved b the CityAttome PP y Y) Attached Not Applicable Fiscal Impact Statement (Unbudget, over $5,000) hed Not AttacApplicable ❑ Bonds (If applicable) AttachedNot Applicable Staff Report (If applicable) AttachedNot Applicable Commission, Board or Committee Report If applicable) p ( pp ) Attached Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORINAPtQED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk Q(PLANATIOtSl FOR RETURN OF ITEM: 0 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 issue of said newspaper to wit the Issue(s) of: June 16, 23, 30, 2005 declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 30, 2005 at Costa Mesa, California. r Signature SPECIFICATIONS ,AND STANDARD DRAWINGS for the Construction of Watermain ReplaceniontPtojoct,'Orange Avenue, from 3rd Streetto 1 Ith Street Watermain Replacement Project, Alley North of Pacific Coast Highway, from 6th Street to 9th,Spoot , Watermain Replacement Project, Alloy North of Pacific Coast Highway, from 1 Sth Street to AIIeiietweon I Sth Street and 166 Street Watermain Replacement Project, Alley Between 6th Street and1th Street, from Alley North of Paclfic Coast Highway to Orange Avenue Watermain Replacement Project; Alley Between,5th Street imbi Sheet, from Walnut Avenue to Orange Avenue Watermain Replacement Project, Acacia Avenue, from lake Street to Alley Between Pecan Avenue and Ith:Street Watermain Replacement Project, Ith Street. from Itlley'Betweeen Pecan Avenir and lih;SN eettb Pgkn"Avemue Watermain Replacement Project, Alley North of Pacific Coast Highway, from Alley Between 1.Ofh Street and. 1,,Ith Streetta 11thStreet Watermoin ReplacemewProject, WaMwtAvenue," from. Alley Between 1 I th Street and 12th Street to 12th.Street W,atermollr Replacement Frojod, 0livo Avenue and Alley Between 11 th Street and 12th Street SECTION A NOTICE INVITING SEALED BIDS for the Construction of Watermoin Replacement Project, Orange Avenue, from 3rd Street to 1 I th Street Watermain Replacement Project, Alley North of Pacific Coast Highway, from 6th Street to 91h Street Watermain Replacement Project, Alley North of Pacific Coast Highway, ftom 15th Street to Alley Between I Sth Street and 16th Street Watermain Replacement Project, Alley Between6th Street and Ith Street, from.Allay North of Pucific.Coast Highway to 0rango�Avon' . Watermain Replacement Project,, Alley BetweenSth Street and A Street, from Walnut,Aarettatt to:Oratlge,pverjuo, . ' Watermcin'Replace"'m''Pr'ood Ataildbonue," from lake Street to Alley Between Pecan Avenue and Ith Street Watermolojeplocement;EMmact 7thStreet„' from Alloy Betweef i6nAvenue ond71M,Streotto'PdmAvenue Watermain Replacement Prolot, Alleys of Pacific Coast Highway, from Alley Between loth Street and 1'tth Street to 1 Ith Street Watermaln Replacement Pr4�90, Walnut t Avenue, from;Allei YBetweenR1 Ith Street and 42th Street to;12thStreet Watermain Repiacoment Project, Olive Avenue, and Alleysetween 1 I.th Streetaid 121h Street, CONSTRUCTION'CONTRAttlio, `1262 in the ' CITY UHUNTINGTON 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,',8econd'Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on "July 14, 2005, Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office' of the Director of Public Works, 2000.` Main Street, Huntington. Beach, CA 92648, upon payment of a'$160.00 nonrefundable fee if picked up, or payment of a $190.00 nonrefundable, fee if mailed via (second day) express mail. Any contract entered into pursuant to this notice will incorporate the provisions of 'the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the' contract shall be thosedetermined by Ahe 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„ iq any considerat4on leading'to thwaward of contract:' No bid, shall be conjidered unless it is prepared on the approved' Proposal forms in conformance with Ahe Instructions to Bidders. The -bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY "for' an �arrioun4 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 su ccessful 'Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project. Description: Th6 work generally includes the construction of approximately"7,800'lineal feet of 12-Inch; 8-inch and 6-inch buried pipe within local streets and alleys in the Old Town area of the City of Huntington Beach. The contract allows the -contractor a period of time to successfully procure, materials required .to construct this project, with 200 working days for construction to complete the contract. 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 PUBLIC WORKS COMMISSION of the- CITY OF HUNTINGTON BEACH, CALIFORNIA, the 16th day of March; 2005. , Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent June 16, 23, 30, 2005 063-905 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 issue of said newspaper to wit the Issue(s) of: June 16, 23, 30, 2005 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 30, 2005 at Costa Mesa, California. Signature SPECI1XKATIONS'°ANp STANQARD.,;D.RAWINGS, for the onshaitfonof Watermain Roplacement,Projpct,Orange Avenue; " from 3rd Street to I nth Street Watermain Replocement Prolett;,4Iley'Ra7th of Pocific'CoastAighway, fromothStreettolithStreet Watermmin Replacement Project, Alley North of Pacific Coast Highway, "from l�th'Sheit toAl6y,Botwosn:lSA Strot,and lOth Street . Watermain Replacement Project; Alley Between A Street and 7th Street, from Alley North of Pacific Coast Highway to Orange Avenue Watermain Replacement Project; Alley Between A Street and 6thitreet, from Walnut Avenue t0ronge Avenue Watermain Replacement Project, Acacia Avenue, ' from lake Street to Alley Between Pecan Avenue and 7th Street Watermain Replacement Project, 7th Street frdin AlloyBetwe'en Pecan Avenlie`and nth Street to Pohn Avenue Watermain Replacement Project, Alloy North of Pacific Coast -Highway, from Alley Between 10th Street and] Ith Street to 1 Ith Street yllotermidnReplacementProject;WalnutAvenue,. from.,Alley,Between 1 nth Streefand 121h Street to 121h Street ,� �WotirmginReptacen�nt Proj,ect,'Of ivo Avenarand Alley Between I nth Street and 1 A Street SECTION A NOTICE INVITING SEALED BIDS for the Construction of Wotermain Replacement Project, Orange Avenue, from 3rd Street to 11 th Street Watermain Replacement Project, Alley North of Pacific Coast Highway, from A Street to 91h Street Watermain Replacement Project, Alley North of Pacific Coast Highway, from 1 Sth Street to Alley Between 1 Sth Street and 16th Sheet Watermain Replacement Project, Alley Between 6th Street and nth Street, from Alley North of Pacific Coast Highway to Orange Avenue Watermain Replacement Project, Alley Between Sth Street and A Street, from Walnut Avenue to Orange Avenue Watermain Replacement Project, Acacia Avenue, " from Lake Street to Alley Between Pecan Avenue and 7th Street Watermain RePlacement Project, 7th Sheet' from Alley Between Pecan Avenue and 1thStrest to,Pglm Atronue Watermain ReplacementProjact, Alley North of f adAc Court Highway, from Alley Between 1 Oth Street and 1 nth Street to 1 nth Sheet Watermain Replacement Pro�•ect, Walnut Avenue, from,AlleyBetween 1 nth Street and 12th.Street to,12th Street Watermain Replacement Project, Olive Avenue and Alley Between.I 1 th Sheet and 12th Street CONSTRUCTION CONTRACT No.1262• in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as, AGENCY, invites sealed bids for the above stated 'projects and will receive such bids in the 'office of the City Clerk; Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on July 14, Z005, Bids will be, publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans,.Specifications, and contract documents are available'' from the Office of the Director, of Public Works, 2000; MainStreet, Huntington Beach, CA 92648, upon payment of a $160:00 nonrefundable fee if picked up, or payment of a $190.00 nonrefundable fee if mailed) via (second day) express mail. 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, tti'e State of California, the minimum prevailing rate of per diem wages for.each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, The AGENCY will deduct' a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety' of equal value to the retention in accordance with the, provisions of the. California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will,not be discriminated' against` on the.basJs of race, color, national origin,, ancestry, sex, or religign,)n anyr consideration leading to the award of contract. No bid shall be considered unless it is prepared, on. the approved Proposal forms ;im conformance with ,theAnstructiorls�tq' Bidders., The:bid must be accompanied, by a'certified check, cashier's'che6k_, or bidder's bond made payable to the AGENCY,for.,an amount,:ho-less ;than 103b'df the amount bid. The successful ,bidder shall ;be. licensed in accordance with-provisiorys;;of``the'B'usiness and flroF'essigns Odde-andshall ,possess a State Contractor's License Class at the time of. -,the bid opening. The successful Contrgt'or and his, subcontractor"ill; 0# regp,ired t4 possess business h6enses'from the'AGE.NCY.' Project, ,Descr„iptiglm,The work generally includes thg construction of approximately 7,8001ineal' feet of 12-inch,-in �8ch an'd 6-inch buried pipe within local streets and alleys in the Old Town".'area of the City of Huntington Beach. The contract allows the contractor a period of time to successfully, procure materials required to construct .this pr,ojeot,.with 200 working days for construction to complete the contract. 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 -PUBLIC WORKS COMMISSION of the CITY OF, HUNTINGTON BEACH, CALIFORNIA the 16th day of March, 2005. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH'- Published Huntington Beach.lndependent June 16r23; 30. 2005 063.9054 0J A' CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: June 13, 2005 ProjectlC.C. No.: CC1262 Regarding0owntown Water Pipeline Replacement Project ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Invidnsr Sealed Bids Item # Copies Pages I Description 1 1 3 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On March 16, 2005, the Public Works Commission authorized the advertisement of the Water Main Replacement Project, Downtown, CC1262. Please find attached the Notice Inviting Bids for this project. Please contact me at extension 5291 with any questions you y;have. F 1 c: file By: Andrew Ferrigno PvE. Associate Engineer G:\ENGiNEERiNG DIVISIONVERRIGNO\CC 1262 MASTER WP PIPEINE Rx\CC1262 TRANsmrrAL To CLERK 061305.Doc CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the Construction of Watermain Replacement Project, Orange Avenue, from 3rd Street to llth Street Watermain Replacement Project, Alley North of Pacific Coast Highway, from 6th Street to 9th Street Watermain Replacement Project, Alley North of Pacific Coast Highway, from 15th Street to Alley Between 15th Street and 16th Street Watermain Replacement Project, Alley Between 6th Street and 7th Street, from Alley North of Pacific Coast Highway to Orange Avenue Watermain Replacement Project, Alley Between 5th Street and 6th Street, from Walnut Avenue to Orange Avenue Watermain Replacement Project, Acacia Avenue, from Lake Street to Alley Between Pecan Avenue and 7th Street Watermain Replacement Project, 7th Street from Alley Between Pecan Avenue and 7th Street to Palm Avenue Watermain Replacement Project, Alley North of Pacific Coast Highway, from Alley Between loth Street and 11th Street to 11th Street Watermain Replacement Project, Walnut Avenue, from Alley Between 11th Street and 12th Street to 121h Street Watermain Replacement Project, Olive Avenue and Alley Between 11th Street and 12th Street SECTION A NOTICE INVITING SEALED BIDS for the Construction of Watermain Replacement Project, Orange Avenue, from 3rd Street to 11th Street Watermain Replacement Project, Alley North of Pacific Coast Highway, from 6th Street to 9th Street Watermain Replacement Project, Alley North of Pacific Coast Highway, from 15th Street to Alley Between 151h Street and 16th Street Watermain Replacement Project, Alley Between 6th Street and 7th Street, from Alley North of Pacific Coast Highway to Orange Avenue Watermain Replacement Project, Alley Between 5th Street and 6th Street, A-1 from Walnut Avenue to Orange Avenue Watermain Replacement Project, Acacia Avenue, from Lake Street to Alley Between Pecan Avenue and 7th Street Watermain Replacement Project, 7th Street from Alley Between Pecan Avenue and 7th Street to Palm Avenue Watermain Replacement Project, Alley North of Pacific Coast Highway, from Alley Between loth Street and llth Street to llth Street Watermain Replacement Project, Walnut Avenue, from Alley Between 11th Street and 12th Street to 12th Street Watermain Replacement Project, Olive Avenue and Alley Between llth Street and 12th Street CONSTRUCTION CONTRACT No. 1262 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on July 14, 2005, Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $160.00 nonrefundable fee if picked up, or payment of a $190.00 nonrefundable fee if mailed via (second day) express mail. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-2 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The work generally includes the construction of approximately 7,800 lineal feet of 12-inch, 8-inch and 6-inch buried pipe within local streets and alleys in the Old Town area of the City of Huntington Beach. The contract allows the contractor a period of time to successfully procure materials required to construct this project, with 200 working days for construction to complete the contract. 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 PUBLIC WORKS COMMISSION of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 16th day of March, 2005. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-3 CITY OF HUNTINGTON BEACH Downtown Area Water Main Replacement CC1262 BID DATE: July 14, 2005 TIME: 2:00 PM ENGINEER'S ESTIMATE: $3 Million BID LIST 11:::::::::::::::::::::::::::::::::::.::::::tA :::::::::::::::::::::"'AL. 6. E Alillr11• 1 BRH Garver West Inc JA lJ 2 Colich & Sons 3 Engineered Plumbing Inc. 4 Ferguson Water Works 5 Garcia Juarez Construction 6 1 Groeniger & Company 7 Highland Engineering 8 Hughes Supply Inc 9 J A Salazar Construction 10 J. Fletcher Creamer and Sons 3-5 3 AA 00 11 John T Malloy 12 Majich Brothers Inc. D© S , 13 Mesa 14 Mike Bubalo Construction 15 S & J Supply 16 VCI Telecom 17 Vido Samarrich Inc. 18 W A Rasic Construction 19 Western Water Works 20 21 22 23 24 25 file: Bid ListAs Cl I Y C L E RK CITY OF HUNTINGTON BEACH, CA 2005 JUL I Q P 1: 555 I o :z d h I lAr soot Vo '110VIO NOHNIINU A 0 A I I