Loading...
HomeMy WebLinkAboutBrongo Construction, Inc - 2001-10-15City g of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTQN BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: March 3, 2003 SUBJECT: Retention Release Payment Company Name: Brongo Construction, Inc. Address: 32332 Camino Capistrano, Suite 205 City, State and Zip Code: San Juan Capistrano, CA 92866 Phone Number: (949) 443-0620 Business License Number. A207158 Exp.8/03 Local Address: Same as above Notice of Completion Date: Pending Contract Purpose: Release remaining 10% money to contractor from Cash Contract 1170 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. - certify that no other stop notices are on file on the subject at this time other then the two (2) on file from DANGELO Co. Date Robert F. Beardsley, Public Works Director certify that there are no outstanding invoices on file. )OD-) � ate So ri reidenrich, City Treasurer certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date Connie BrockwayVCity Clerk 'kpr5 C, 9 e F 1 Ylh7Y a�,'cy b V J � Reten. Release 3/4/2003 11:37 AM MAINTENANCE BOND KNOW ALL MEN BY THESE PFIESENTS: . That BRONCO CONSTRUCTION CORPORATION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06163 BOND NO. 103650203 PREKIUM INCLUDED IN PERFORMANCE BOND as Principal, hereinafter called Contractor, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF RUNTINGTON BEACH as Obligee, hereinafter called Owner, in the penal sum of S 1, 217, 870.Obor the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has bywritten agreement, dated entered into a contract with Owner for WATERLINE REPLACEMENT VARIOUS LOCATIONS ' CONTRACT 11170 In accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made apart hereof, and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of ONE . year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain In full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness, A PZvvED kS TO PORI1Lil✓ SIGNED and sealed this 13TH day of NOVEMER 2001 C =� City At}ornev �y: 1j�kutY C1�y IN THE PRESENCE OF: S-2326.1 (07.97) BRONCO CONSTWTIgN CORPORATION (Seal) Principal _Title By OF T. HULLIK N.Acrnoyln-Fact I,PAHA I City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUN71NOTON BFACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez' DATE: March 3, 2003 SUBJECT: Retention Release Payment Company Name: Brongo Construction, Inc. Address: 32332 Camino Capistrano, Suite 205 City, State and Zip Code: San Juan Capistrano, CA 92866 Phone Number: (949) 443-0620 Business License Number:A 207158 Exp. 8103 Local Address: Same as above Notice of Completion Date:Pending Contract Purpose: Release remaining 10% money to contractor from Cash Contract 1170 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 other stop notices are on file on the subject at this time other then the two (2) on file from DANGELO Co. A p Date Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on file. G _ ate S ri reidenrich, City Treasurer certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date ?V1 j ccc;y Reten. Release Connie Brockway�JiCity Clerk S1- `F Zvi C ri 3/4/2003 11:37 AM I MAINTENANCE BOND TRAVELERS CASUALTY ANO SURETY COMPANY OF AMEF41CA Hartford, Connecticut 06183 BOND NO. 103650203 PREMnH INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That BRONCO CONSTRUCTION CORPORATION as Principal, hereinafter called Contractor, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Owner, in the penal sum of $1, 217, 870. GMr the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated entered into a contract with Owner for WATERLINE REPLACEMENT VARIOUS LOCATIONS ' CONTRACT #1170 f In accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of ONE year(s) from -the date.of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain In full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects midi reasonable promptness. t= pRCVE. AS To FQR36� SIGNED and sealed this 13TH day of NOVEMBER � 2001 r i .; , C R'? i City AttorZ ay: DaYdty City Attorzt..•. IN THE PRESENCE OF: TRAVE S-2326.1 (07-M BRONCO CON 8y T. CORPORATION (Seal) Principal Title �{ CSI—c�1lt OF AMERICA Mornev1r•Fact ME ni iS 22 :}r DF.CLARA_TI_QL9 QF5ATISI~ACTION OF CLAIMS 1, -(,oa-) G;r� . , state, 1. 1 am the general contractor for 6c City cf Hunting('tton Beach, as to the project mote fuiiy described in O.e public works contract entitled 0_' L_ i � -7 and dated -L I I 3�-D f Z. AJI Nvorkers and persons employed, all f:zrs suppl)zng materials, and all subcontractors for the above-me4orted pro;ec; have beer paid in full. 3. The fol2mving arc either disputed claims, or i:erns tin canneetion with Notices to Withhold, which have been filed ur'der the provisions of the statutes of the State a: California: [if none, state "NONE"] C�C .r t �- 06l S I dec;are user penalty o: perjury that the fo;egoi.-19 is true and correct. or. this 1— day of 26D5 L City of Huntinston Beach Deparcmeat of Public Works Post OfEcc Box 190 Huntington Beach, CA 92648 Subject. Certification of Compliance with 7A!oAof the Civil Rights 'Act and Equal Employment ©ppormnity Act of 1972 Geotlen:en; s+fL, The uidersigned, contractor on rroject ;NO. I. f OIL., hereby certifies that all laborers, rnea anics, apprentices, trainees,-michrren and guards employed by him or by any sabeontractar performing work under ti+e contract on the project have bean paid ►vases at rates not less than those required by Lhe contract provisions, and that the work performed by each such laborer, mechanic, apprcaticc or trainee conForned to the classifications set forth in the contractor training program provisions applicable to the wage rate paid. Si►WaTure and Tice ! a:Cc :94haR, GAO:. Recorded in Official Records, County oflOrringe ' Tom Daly, Clerk -Recorder WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH I�II,;ILlllll� lllli�lllllil�lll�li�ll��ll�lli�lil�ll�llll'I!!!IIINo FEE Attn: Robert A. Martinez 200300028091312:20pm 03114/03 Department of Public Works 107 23 N12 1 P.O. Box 190 — 2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Brongo Constructors Company who was the company thereon for doing the following work to -wit: WATERLINE PIPELINE REPLACEMENT PROJECT; CC-1170 This project includes: Four water main replacements along streets and alleyways at various locations in the City of Huntington Beach. That said work was completed February 24, 2003 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on February 24, 2003, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Travelers Casualty and Surety Company of America 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 24, 21003. Director of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA County of Orange ) ss: City of Huntington Beach ) 1, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be reworded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this February 24, 2003. pe-11- �3 Z � � � � 9i1ec!.-r o Pubiic WorKS ity Engineer 04-1 City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez Department of Public Works P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Recorded in Official Records, County c4 range J Tom Daly, Clerk -Recorder WHEN RECORDED MAIL TO: I�Illill�l�llllll�lllll�illlilllllllllllllll�l��IIIIIII,IIIIIIllINO FEE CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez 240300028091312:20pm 03114103 Department of Public Works 107 23 N12 1 P.O. Box 190 — 2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0-00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee,.2000-Mein Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Brongo Constructors Company who was the company thereon for doing the following work to -wit: WATERLINE PIPELINE REPLACEMENT PROJECT; CC-1170 This project includes: Four water main replacements along streets and alleyways at various locations in the City of Huntington Beach. 11� That said work was completed February 24, 2003 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was Icy accepted by the Director of Public Works on February 24, 2003, per City Council Resolution No. 2002-10 adopted February 19, 2002. That Upon said contract Travelers Casualty and Surety Company of America 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. i Dated at Huntington Beach, California, this February 24, 2003. 229��� &U Director of Public Works or City 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 perjury 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 24, 2003. 14-11, Directcr� Public Works ottity Engineer �/ City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez Department of Public Works P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 CITY 'CF �URT. INGTON I EE ACJ�' 2001 APR 2 8 A 0,: 0 F J)=LAMTj.0N OF SAITSFACTIQN OF CLATbla r, V_CV__i State: I ayn the general contractar for tic C4 of Huntington Beach., as to the project :Hare fully described in e.e public works contract entitled Qe ��7_0 1 and dated 13 1 2. All workers and persons ernployed, all firms suppl3ing materials, and all subcontractors for the above -mentioned projac'have. beer, paid in full, 3. The fol' mving arc either dlapmd claims, or i-ems in connection with Notices to Withhold, which have been filed uh:kr the provisions of the statutc:8 Of UNC State Of California: (if ruche, IN (0L_. ��� V) S I declare under penalty of perjury that the Foregoing is true oral correct, Executed at Lvn � or. this day of Ur of (Signat 7 tractor) I:eC%CL&MQn2 •T, Mq H e0/310 H3U39 NO1Fjt4T_Nf)H r GiTY"OF Hl)id T iNG l ON DEAL i, CA 203 APR 28 A c. O c Cite- of Hun i,nWn Beach Department of Public Works Post OfSco Box 190 Hunti-rgton Beech, CA 92648 Subject: Certification of Compliance with Title; V7I of the Civil Rights Act and Equal Employment Oppornmty Act of 1972 Genrlen:en: The iridersigned, contractor on (;r 11Ib ���►aa,rt:P,c J1rru erciect No. f 0'1t.-, hereby ccrtifies that all laborers, mochanics, apprentices, trainees. A-atciunan and guards employed by him or by any subcontractor performing work under the contras. on the project have been paid %vagro at rates not less than those required by tie contract provisions, and that the work performed by each such laborer. mechanic, apprentice or trainee conformed to the cluaifica6ons sct forth in the contractor training program provision applicable to the vmge rate paid. Signature and Title 80/201d £c,Sl 7LZ t rL H9t+39 NOi9NI.LNnH 7t,91 le—�Z-4:LI.1 ' / I III IIIl 7104 0343 3860 0030 0392 Bildrs No: 1096437 CITY OF HUNTINGTON BEACH 2000 MAIN ST HUNTINGTON BEACH 92648 You are hereby notified that DANGELO CO INC CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code. THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. DANGELO CO INC P O BOX 3744 LA HABRA, CA 90632 AMENDED NOTICE * ** JOINT CHECK REQUESTED RETURN RECEIPT Bildrs No. 1096437 7104 0343 3860 0030 0392 - o v has furnished or will furnish labor, services, equipment or materials of the following general description: WATERWORKS & FIRE PROTECTION SUPPLY located at: - HUNTINGTONBEACH WATER MAIN REPLACEAMYT PH 3, ADAMS A YE, Hi1NTINGTON BEACH CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: BRONGO CONSTRUCTION, 1803 An estimate of total price of the labor, services, equipment or materials furnished or to be furnished is S50, 000 Owner: CITY OF HUNTINGTON BEACH, 2000 MAIN ST, HUNTINGTON BEACH 92648 Orig Contr: BRONGO CONSTRUCTION INC, 32332 CAMINO CAPISTRANO #205, SAN JUAN CAPISTRANO CA 92675 Lender: None Customer: BRONGO CONSTRUCTION, I803, 32332 CAMINO CAPISTRANO #205, SAN JUANN CAPISTRANO CA 92675 Job No: 02-85-21) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. BICA REPRESENTATIVE 02/18/2003 yr / lllllllllllllp 7104 0343 3860 0030 0415 Bildrs No: 1118710 CITY OF HUNTINGTON BEACH ATTN: CITY CLERK, C#CC1170 2000 MAIN ST 2ND FLR HUNTINGTON BEACH 92648 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code. THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. DANGELO CO INC P O BOX 3744 LA HABRA, CA 90632 AMENDED NOTICE ** JOINT CHECK REQUESTED ** RETURN RECEIPT Bildrs No. 1118710 7104 0343 3860 0030 0415, Q rT N You are hereby notified that DANGELO CO INC -? has furnished or will furnish Iabor, services, equipment or materials of the following general description:" WATERWORKS & FIRE PROTECTION SUPPLY locatedat: HUNTINGTON BEACH WATER MAIN REPLACEMENT, ALLEY BETWEEN12TH&13THST, HUNTINGTON BEACH CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: BROVGO CONSTRUCTION, 1847 An estimate of total price of the labor, services, equipment or materials furnished or to be furnished is $50,000 Owner: CITY OF HUNTINGTON BEACH, 2000 MAIN ST 2ND FLR, HUNTINGTON BEACH 92648, ATTN: CITY CLERK, C#CCI 170 Orig Contr: BRONGO CONSTRUCTION INC, 32332 CAMINO CAPISTRANO #205, SAN JUAN CAPISTRANO CA 92675 Lender: None Customer: BRONGO CONSTRUCTION, 1847, 32332 CAMINO CAPISTRANO #205, SAN JUAN CAPISTRANO CA 92675 Job No: 02-853B NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. BICA REPRESENTATIVE 02/18/2003 rr CERTIFIED MAIL BLDG INDUSTRY CREDIT PO�OX 60502 LCh ANGELES CA 90060-0502 ADDRESS SERVICE REQUESTED BLDG INDUSTRY CREDIT PO IlOX 60502 IN ANGELES CA 90060-0502 ADDRESS SERVICE REQUESTED 0-5-P0STA;;F`i`�;.� FEB to Z_ 5J�5 y f� MF?FR' . . i�J—gUo55G3 .: RETURN RECEIPT REQUESTED 346494e2?676 21 IIIil11LIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIaI �- CERTIFIED MAIL ANG 0 E. POSTAGE �Ci� HotB 03 fj1� 'rt ~4.4Z,i� METFR'- " RETURN RECEIPT REQUESTED 3 'Z6��+���s ^� �� II11liIIIIIIII111IIIIIE}I11lIIIIi1EIIlI11!}IIlIlI11!!lllllklll 7104 0343 3860 0998 9208 Bildrs No; 1118710 CITY OF HUNTINGTON BEACH ATTN: CITY CLERK, C#CC1170 2000 MAIN ST 2ND FLR HUNTINGTON BEACH 92648 You are hereby notified that DANGELO CO INC CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code. THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. DANGELO CO INC P O BOX 3744 LA HABRA, CA 90632 RETURN RECEIPT Bildrs No. 1118710 7104 0343 3860 0998 9208 N cv: rn -a IV has furnished or will furnish labor, services, equipment or materials of the following general description: o WATERWORKS & FIRE PROTECTION SUPPLY located at: HUNTINGTON BEACH WATER MAIN REPLACE11ENT, ALLEY BETWEEN 12TH& 13THST, HUNTINGTON BEACH CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: BRONGO CONSTRUCTION, 18471J,'02-853B An estimate of total price of the labor, services, equipment or materials furnished or to be furnished is $50, 000 Owner: CITY OF HUNTINGTON BEACH, 2000 MAIN ST 2ND FLR, HUNTINGTON BEACH 92648, ATTN: CITY CLERK, C#CC 1170 Orig Contr: BRONGO CONSTRUCTION INC, 32332 CAMINO CAPISTRANO 4205, SAN JUAN CAPISTRANO CA 92675 Lender: None Customer: BRONGO CONSTRUCTION, 1847/J#02-853B, 32332 CAMINO CAPISTRANO #205, SAN JUAN CAPISTRANO CA 92675 Job No: 02-853B NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. BICA REPRESENTATIVE 09/25/2002 yr WZ RECEIVED' BY: CITY CLERK RECEIPT COPY. Return DUPLICATE to Jeffrey Hughes (ext. 6260) (Name) after signingidating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: SUBJECT 0 AA d. I have received the bonds for BROW60 CorAiTwwC *q (Company Name) -Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. NO. _A Re: ,Tract -No. CC No. MSC No.. W70 Approved �b -(9-0\ — (Council -Approval Date) g1jahlbondlefter.doc b300'263 6 5(cq o 2o 3 7 Agenda Item No. City Clerk Vault No. F9Z �0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCILI REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: December 14, 2001 TO: _Brongo Construction, Inc. ATTENTION: Name - — 32332 Camino Capistrano, Ste. #205 DEPARTMENT: Street San Juan Capistrano, CA 92675 REGARDING: _ City, State, Zip Construction Contract See Attached Action Agenda Item E-3 Date of Approval 10/ 15/01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x CC: R. Beardsley Name D. Verone Name S. Freidenrich Name Name C. Mendoza Name Agreement x Bonds x Insurance x RCA Deed Other DPW x x x bonds Department RCA Agreement Insurance Other DPW x x x bonds Department RCA insurance Other Treas. x bonds Department RCA L-tsurance Other Department RCA AFeement Insurance Other Risk Mgmt. x X. Department RCA Insurance (Telephone: 714.536.5227 ) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BRONGO CONSTRUCTION, INC. FOR WATER PIPELINE REPLACEMENTS ON VARIOUS CITY STREETS THIS AGREEMENT, made and entered into this 15th day of October 2001 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BRONGO CONSTRUCTION, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as water pipeline replacements on 171h Street (Palm To Utica); Adams Avenue (17'h Street To Huntington Street); Alley between 121h and 131h Street (beginning at Palm Street northerly approximately 900 feet); alley east of Huntington Street (from Atlanta northerly approximately 500 feet 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: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or -damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties.which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, 01agreelpipe replace/11/5101 and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition including 2001 supplement of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, 01agreelpipe replace/11/5/01 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 (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Million Two Hundred Seventeen Thousand, Eight Hundred Seventy Dollars ($1,217,870.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 01agreelpipe replace111/5101 within one hundred eighty (184) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 01agree/pipe replace11115101 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. 01agreelpipe replacel1115l01 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said 01agreeipipe replace11115101 6 damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 01agreelpipe replacell115101 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in 01agreelpipe replace/11/5101 price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated 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 expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 01agree/pipe replacell1/5101 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 01 agreelpipe replace11115101 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR. shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 01agree/pipe repiacei11/5101 11 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; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 01agreelpipe replaced 1/5r01 12 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 01agreelpipe replacell1/5101 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 01agreelpipe replace/ 11/5101 14 Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit."A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. BRONGO CONSTRUC , INC., a California CITY OF HUNTINGTON BEACH, a corporation municipal corporation of the State of California Leonar Br _. a-o, PresjderT—"�� %47n 9,,b� 4utAytl print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator ATTES . City. Clerk `Z_ j3_al APPROVED AS TO FORM: ,,`City Atfarney yl s_-dl //-a6-al P ANDAPPR D: (Z-Io-O� Director of Public Works 01agree/pipe replace/1115101 15 y SECTION C PROPOSAL for the * WATER MAIN REPLACEMENT IN THE ALLEY BETWEEN 12 .. AND 131" STREET: FROM PALM AVENUE TO THE ALLEY WEST OF MAIN STREET * WATER MAIN REPLACEMENT IN THE ALLEY EAST OF HUNTINGTON STREET: FROM ATLANTA AVENUET TO CHICAGO AVENUE * WATER MAIN REPLACEMENT IN 17"" STREET: FROM PALM AVENUE TO UTICA AVENUE WATER MAIN REPLACEMENT IN ADAMS AVENUE: FROM l In STREET TO HUNTINGTON STREET CONSTRUCTION CONTRACT No.1170 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 i incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the r' 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. l R17E=ffc4�wnumNBE,cHmuEys&sn=PRaEcnvEcS 151T A PROJECT BID SCHEDULE A ALLEY BETWEEN 127" AND 13T" STREET FROM PALM AVENUE TO THE ALLEY WEST OF MAIN STREET WATERMAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS Zug $ 20L4 S 2. Furnish and install 8-inch PVC pipeline with nitrile (NBR) gaskets, including all valves, fittings, and appurtenances, pavement sawcutting and removal, excavation, cement slurry, backfill, . surface repair, and thrust restraint, as shown on these plans, complete U Z_C� and in place. . 365 LF $_2 $ 3. Furnish and install 8-inch Ductile Iron pipeline with nitrile (NBR) gaskets, including all valuing, fittings, and appurtenances, polyethylene wrap, pavement sawcutting and removal, excavation, cement slurry, backfill, surface repair, and thrust restraint, as shown on these plans, complete o 498 3 9 N O and in place. LF $ $ 4. Construct hot -tap -tie-in connection to existing watermain (Palm Ave.), including all valving, fittings, and . appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on 1 LS $ Z o $ Z Oo a these plans, complete and operative in place. 5. Construct hot -tap tie-in connection to existing watermain (alley west of Main St.), including all valving, fittings, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on 1 LS $ Zoo o $ Zo O a these plans, complete and operative in place. fi. Furnish and install new fire hydrant assembly, including fire hydrant, bury, valve, piping, appurtenances, excavation, backfill and surface repair, as shown on these plans, complete and 1 $ �Oo� $ -0-On in place. JhW&:5WUN77MGmN aUCHWUM d RRfh'7S PRLIIF] UPEM C-13 . PROJECT BID SCHEDULE A ALLEY BETWEEN 12TH AND 13'n STREET FROM PALM AVENUE TO THE ALLEY WEST OF MAIN STREET WATERMAIN REPLACEMENT BID ITEMS L Item size- Unit No. Description Quantity Unit Cost Total Cost 7. Remove and -salvage existing fire hydrant, . including removal and disposal of bury, valve 5 box and valve cover, backfill, and surface repair, 2 EA $ (QOO $ `Z001D as shown on these plans, complete and in place. 8. Construct fire hydrant assembly utilizing salvaged hydrant, including furnishing and install new bury, piping, valve, appurtenances, ` excavation, backfill and surface repair, as shown 2 �' $�� $ L on these plans, complete and in place. :r- 9. Furnish and install new 1" polyethelyne water service, including piping, fittings, valving, "' removal of existing line, trench excavation, pipe bedding, cement slurry backfill, reconnection to customer side, and appurtenances, complete in place. 17 EA $ j'O $ 2S5 oo i 10. Furnish and install new 2" copper water service, including piping, fittings, valving, removal of existing line, trench excavation, pipe bedding, cement slung backfill, reconnection to customer 00 side, and appurtenances, complete in place. 1 EA $2-Z00 $ - 11. Cut and cap/seal existing waterline, including all appurtenances, as shown on these plans, in complete and place. 4 EA $ O $ t.- 12. Remove and Salvage Valve, including removal . L and disposal of interfering pipeline, and cutting and sealing of pipe ends, excavation, backfill, 2 EA $ OD C $ 71COID and surface repair, complete and in place. 13. Furnish and install temporary blowoff for pressure testing, including all appurtenances, as (0000 shown on these plans, complete and in place. 4 EA $ A7ECsIHUAWNGMAf B . CHUU.Ers h aR SPROJECIUP CS C-Zs PROJECT BID SCHEDULE A : ALLEY BETWEEN 12TH AND 13TH STREET FROM PALM AVENUE TO THE ALLEY WEST OF MAIN STREET WATERMAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 14. Chlorination and testing of all new water mains L0�a and appurtenances, complete and in place. 1 LS $ $ 604� 15. Traffic control throughout - work area, including 1 Qt00 preparation of traffic control plans. 1 LS $ LOOOV $ 16. Cold mill and install asphalt concrete pavement overlay in accordance with the specifications, and limits shown on the plans, including all 15,665 SF $ $1S b �J appurtenant material, equipment and labor. 17. 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 18. Reconstruct existing sewer laterals, conflicting with waterline construction in accord with City Standards, complete in 9 EA $� $ 3� o and place. 19. Pothole existing. utilities, as directed by City inspector, including excavation, backfill, pavement repair, and traffic control, complete. 5 EA $ $ 20. Install 8° waterline in existing 16" PVC sleeve in accord with City. Standards, complete and in place 24 LF 5D 1.�CJ 21. Demobilization and Cleanup 1 LS $ i g52O $ rwo 1-7 3, D o'0 Sub -Total Amount for All Bid Items — SCHEDULE A $ RL1PFI-WUNnhG7U,V8&CNdLLErses7RF_17sPRa4X7%SPEa C-3s -. L t- PROJECT BID SCHEDULE B ALLEY EAST OF HUNTINGTON STREET FROM ATLANTA AVENUE TO CHICAGO AVENUE WATERMAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ L i DO $ I I oa 2. Furnish and install 8-inch PVC pipeline with nitrile (NBR) gaskets, including all valves, fittings, and appurtenances, pavement sawcutting and removal, excavation, cement slurry, backfill, surface repair, and thrust restraint, as shown on these plans, complete I i 630 LF $ and in place. 3. Fumish and install 8-inch Ductile Iron pipeline with nitrile (NBR) gaskets, including all valving, fittings, and appurtenances, polyethylene wrap, pavement sawcutting and removal, excavation, cement slurybackfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. 60 LF $ $ s 0-0 4. Construct hot tap tie-in connection to existing watermain (Atlanta Ave.) including all valving, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative 1 LS $ -�p� • in place. 5. Construct tie-in connection to existing watermain (Chicago Ave.), including all valving, fittings, and • -appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on 1 LS $ 04� these plans, complete and operative in place. 6. Furnish and install new fire hydrant assembly, including fire • hydrant, bury, piping, appurtenances, excavation, backfill and surface repair, as shown -on these plans, complete and 2 FA $ $ in place. RUPEcsRUMMc UNSEACHULLOW&SME-ZPRCUECTUVEcs C-49 PROJECT BID SCHEDULE B ALLEY EAST OF. HUNTINGTON STREET FROM ATLANTA AVENUE TO CHICAGO AVENUE WATERMAIN REPLACEMENT BID ITEMS F Item Size- Unit No. Description Quantity Unit Cost Total Cost ' 7. Furnish and Install new 1" polyethelyne water service, including piping, fittings, valving, removal of existing line, trench excavation, pipe bedding, cement - slurry backfill, compaction, reconnection to ' customer side, and appurtenances, complete and operative in 18 EA �o O 36 Oo 0 place. $ $ 8. Cut and cap/seal existing waterline, including all appurtenances, as shown on these plans, complete and in place. 2 EA $ �� o $ Z 9. Remove and salvage existing valve, including removal and disposal of interfering pP i eline, and cutting and sealing of pipe ends, excavation, w backfill, and surface repair, complete and in 1 EA $ 0 0 �0 O $ place. 10. Remove existing valve box and cover, including = excavation backfill and surface repair, complete 1 EA � and in place. $ $ F 11. Fumish and install temporary blowoff for pressure testing, including all appurtenances, as 3 0 o shown on these plans, complete and in place. 2 EA $ $ 12. Chlorination and testing of all new water maids 00 (00Q f and appurtenances, complete and in place. 1 LS $ $ 13. Traffic control throughout work area, including 1 LS $�D0�0 $ �� preparation of traffic control plans. ,t 14. Cold mill and install. asphalt concrete pavement ' overlay in accordance with the specifications, including all appurtenant material, equipment SF t 00 0 0 and labor. 10,000 $ $ 15. Remove and replace existing AC pavement as directed by City inspector, including sawcutting, _ tack coat, and all appurtenant material, SF I-' equipment and labor. 2,000 $ $� RISPFG11F1UNTIAC70MH fCHLlIlMASTREVSPRQlEG7l ws C-5s 'i PROJECT BID SCHEDULE B ALLEY EAST OF HUNfINGTON STREET FROM ATLANTA AVENUE TO CHICAGO AVENUE WATERMAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quanta Unit Cost Total Cost 16. Construct 4" blowoff assembly per City Standards, including pipe, valves, fittings and appurtenances, 1 excavation, cement slurry backfill, thrust restraint and surface repair, 1 LS $ (5U� $ �D complete and in place. 17. Install sheeting, 'shoring, and/or bracing as required for all , trenching and excavation operations, and confined spaces in accordance 1 LS $ S000 �7 with these plans and as required by law. 18. Pothole existing utilities, as directed by City inspector, including excavation, backfill, traffic 5 EA pavement repair, and control, complete. 19. Demobilization and Cleanup 1 LS 00 0 Sub -Total Amount for All Bid Items —SCHEDULE B $ a�r�csvrux�r c�av�rs.e.erx&Mrxa &=,oWS —C-6s L L L i L L PROJECT BID SCHEDULE C 17'.. STREET FROM PALM AVENUE TO UTICA AVENUE WATERMAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 1. Mobilization 1 LS $ z-t $ Zg $ z.N� S z 2. Fumish and install 12-inch PVC pipeline with nitrile (NBR) gaskets, including all valves, fittings, and ' appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on ,w o these plans, complete and in place. 2740 LF $ $ 3. ' Construct hot tap connection to existing 12" watermain (Palm -Ave.), including all valving, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 7�ov 2�0 0 1 BA $ $ 4. Construct 8" pipeline in Aqua Drive, including all valves, pipe, fittings, temporary blowoffs, and appurtenances, - pavement sawcutting and removal, excavation, cement slurry, backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 99 LS $ 5. Construct 8" pipeline in Verring Circle, including all valves, pipe, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, cement slurry backfill, surface repair, and thrust restraint, as shown on in 84 LF $ 0 these plans, complete and operative place. $ 6. Construct 12" PVC pipeline in Adams Avenue, including all valves, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, cement slurry backfill, surface repair, and thrust restraint, as shown on 100 these plants, complete and operative in place. LF . RI8P�51tIiINl7MG7t7N BF.ILNNL(.SYS R 57RF�7S PRLUECT�SPFX'S C- 7s PROJECT BID SCHEDULE C 17TH STREET FROM PALM AVENUE TO UTICA AVENUE WATERMAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quantl Unit Cost Total Cost - 7. Construct tie-in _'.connection to existing 8" watermain (Utica Ave.), including all pipe, valves, fittings, ;" temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 1 LS $ z�dy $ �-� O� _ 8. Construct 8" connection to existing waterline at Station 22+87.96, including all pipe, valves, fittings, valves,;' temporary blowoffs, 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. 1 LS $ Z y00 $ `2r(-� O O 9. Construct 8" waterline connection to existing waterline at Station .29+81.88, including all pipe, valves, fittings, valves, temporary blowoffs, and :. appurtenances, -pavement sawcutting and removal, excavation, cement slurry backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 1 LS $ZW $ 10. Construct 12" waterline connection to existing waterline at Station 26+35.08 (WesleyNeladare Circle), including • all pipe, fittings, valves, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, F cement slurry backfill, surface repair, and thrust restraint, as shown on these plans, complete 1 LS and operative in place. 11, Construct tie-in connection to existing 8" watermain (Main St.), including all pipe, valves, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative 1 LS Zqy0 in place. $Zoo $ I" RWPErSWUM7Poc7EW$&4c:lluL=&Sn?EMP=EC7LS= C-as F . r PROJECT BID SCHEDULE C 17TH STREET FROM PALM AVENUE TO UTICA AVENUE WATERMAIN REPLACEMENT r BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 12. Construct 4" water service reconnection, including all valving, fittings, temporary biowoffs, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, ( Soo (o C o -O complete and operative in place. 4 EA $ $ 13. Connect new fire hydrant assembly, including fire hydrant, bury, piping, appurtenances, excavation, backfill and surface repair, as these (a 00 O shown on plans, complete and in place. 3 EA $'° $ 14, Remove and salvage 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 ? 000 place. 7 EA $ c7 v $ 15. Construct new fire hydrant assembly utilizing salvaged hydrant, including furnishing and r installing new bury, valve and appurtenances, backfill and surface repair, as shown on these plans, complete and in place. 7 EA $ jq000 16. Furnish and install pump -out assembly, including all valving, fittings, and appurtenances, as shown on these plans, complete and in 2 place. 4 EA $ $ 17. Furnish and install air and vacuum assembly, including all valving, fittings, and appurtenances, as shown on these plans, complete and in ��� � 30 place. 3 EA $ $ 18. Furnish and Install new 1" polyethelyne water service, including piping, fittings, valving, `~ abandonment of existing line, trench excavation, - pipe bedding, backfill, compaction, reconnection to customer side, and appurtenances, complete �- and operative in place. 5 EA $ $ ,TWW_SWLaWAG7t?1VB44CHWLLM&n2wmPRaIiL7lSPEGS C-95 S PROJECT BID SCHEDULE C 17" STREET FROM PALM AVENUE TO UTICA AVENUE WATERMAIN REPLACEMENT BID ITEMS Item Size- Unit . No. Description Quantity Unit Cost Total Cost 19. Furnish and Install new 2" copper water service, including piping,, fittings, valving, abandonment of existingline, trench excavation pipe bedding, .Pp 9 backfill, compaction, reconnection to customer side, and appurtenances, complete and in 5 EA operative place. 20. Cut and cap/seal: existing waterline, including ail appurtenances, as shown on these plans, complete and in place. ..5 EA $ ioOO $ 5~DO O 21. Remove and salvage existing valve, including removal and disposal of interfering pipeline, and cutting and sealing of pipe ends, excavation, backfill, and surface repair, complete. and in O OQ a O place. 8 EA $ $ 22. Remove existing valve box and cover including excavation, backfill, compaction, and surface repair, complete and in place. 14 EA $� $ Do 0 23. Furnish and install temporary . blowoff for pressure testing, including all appurtenances, as » O 000. y shown on these plans, complete and in place. 4 EA $ $ 24. Construct inverted syphon assembly, including all fittings, and appurtenances, excavation, backfill, and surface repair, as shown on these complete and in place. 6 o 0plans, 2 EA $ n $ 25. Chlorination and testing of all new water mains 1 LS Ooo (:� Oc7 D and appurtenances,, complete and in place. $ $ 26. Traffic control throughout work area, including preparation of traffic control plans, 1 LS $ oao O $ i po a 27. Cold mill and install -asphalt concrete pavement overlay in accordance with the specifications, and limits shown on the plans, including all appurtenant material, equipment and labor, - } complete and in place. 17,880 SF RLSPF.CmHU) 1fNG7VNBEACHWUEYSRS7R07SPRDJiY.'WECS C-10S r PROJECT BID SCHEDULE C 17Tm STREET FROM PALM AVENUE TO UTICA AVENUE WATERMAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quanti Unit Cost Total Cost 28. Cold mill and install pavement fabric and asphalt concrete overlay in accordance with the specifications, and limits shown on the plans, including all appurtenant material, equipment labor, in 26,486 SF $� $ 30'4S 8,9 and complete and place. 29. Furnish and apply pavement slurry seal in accordance with the specifications and limits shown on the plans, including all appurtenant material, equipment and labor, complete and in S place. 3,505 SF 30. Pothole existing - utilities as directed by City inspector, including excavation, backfill, pavement repair, and traffic control, complete Z 5Z 0 0 and in place. 20 EA $ $ 31. 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 $ Gb°q $ �Q 0 32. Demobilization and Cleanup 1 LS $ ICOO $J Qrjc:) Sub -Total Amount for All Bid Items — SCHEDULE C Pavement Bid Altematives $ Lj 33,E IZ� 1A Cold mill and install asphalt concrete pavement overlay in accordance with the specifications and limits shown on the plans, including all appurtenant material, equipment and labor, SF l complete and in place 18,020 2A Cold mill and install asphalt concrete pavement fabric and asphalt concrete overlay in accordance with the specificatins and limits shown on the plans, including all appurtenant material, equipment and labor complete and in 7 Si place. 24,130 SF ` y S $ $ RLSP=WUAM GMN8&KWWfl M& 37REMPAWACWECS C-1 Is L f� C L 1 ' PROJECT BID SCHEDULE C 17TH STREET FROM PALM AVENUE TO UTICA AVENUE WATERMAIN REPLACEMENT BID ffEMS Item No. Description Size- Quanti Unit Unit Cost Total Cost 3A Furnish and apply pavement slurry seal and herbicide in accordance with the specifications and limits shown on the plans, including all appurtenant material, equipment, and labor, �'�,� complete in place. 3,505 SF $ $ Note: Bid Alternative Items 1A, 2A and 3A shall not be used to determine the apparent low bidder. Bids submitted without Bid Alternative Items 1A, 2A and 3A completed shall be considered informal and disqualified. RLSPECMUN77NUMMBElChULEYS& 7RQ7'$PRWECTffPECs C-12s 1 ' PROJECT BID SCHEDULE D ADAMS AVENUE FROM 17TH STREET TO HUNTINGTON STREET WATERMAIN REPLACEMENT BID ITEMS Item No. Description Size- Quanti Unit Unit Cost Total Cost 1. Mobilization 1 LS $ � hf b y 31 �b 2. Furnish and install 12-inch PVC pipeline Adams Ave.with nitrile (NBR) gaskets, including all valves, fittings, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on $ r-V5 $ I q S l o 00 1 these plans, complete and in place. 2,640 LF M 3. Construct 8" pipeline in alley west of Park Street, and connection to existing watermain, including all valves, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, cement slurry backfill, surface repair, and thrust restraint, as shown on $ q o $ TS70 .I these plans, complete and operative in place. 75 LF 4. Construct 8" pipeline in Park Street, and connection to existing watermain, including all valves, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, cement slung backfill, surface repair, and thrust restraint, as shown on $ q $ `7,ZO(3 these plans, complete and operative in place. 80 LF —T 5. Construct 8" pipeline in Pine Street and connection to existing watermain, including all valves, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, cement slurry backfill, `r surface repair, and thrust restraint, as shown on -7 these plans, complete and operative in place. 81 LF $ $, 6. Construct 12" pipeline in Lake Street, and hot tap connection - to existing 12" watermain, including all valving, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, in S8 LF $ � �� $ vl n SOD complete and operative place. i RtsPt7C_1viuM7AGrr1NBEAc/lullersld7ReE7sPRQ/ficnsPEcs C-13s a L. d -- L; t L PROJECT BID SCHEDULE D ADAMS AVENUE FROM 17" STREET TO HUNTINGTON STREET WATERMAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 7. Construct 12" pipeline in Alabama Street, and connection to existing 12" watermain, including all valves, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, cement slurry backfill, surface repair and thrust restraint, as shown on these plans, complete and operative in place. 205 LF $ QQ $ 24 _00 8. Construct hot tap connection to existing watermain at Huntington Street, including all fittings, temporary blowoffs, and appurtenances, pavement and thrust restraint, as shown on these complete and in 1 LS $2,000 $ Zi000 plans, operative place. 9. Construct tie-in connection to existing 4" watermain at Station 15+59.26, including all valves, fittings, temporary blowoffs, appurtenances, cement slurry backfill, surface repair and thrust restraint as shown on these in 1 Z O o O plans, complete and operative place. LS $ l 10. Construct tie-in connection to existing B" watermain at Main Street, including all valves, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, cement slurry backfill, surface repair and thrust restraint as shown on these plans, complete and operative in place. 1 LS $ ZZOO $ Z-, LDo 11. Furnish and install new fire hydrant assembly, including fire hydrant, bury, piping, appurtenances, excavation, backfill and surface repair, as shown on these plans, complete and in place. 1 EA $ Z 00O $ Z, 0 o o 12. Remove and salvage 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 8 EA �OaO 1 place. $ $ RLSP&ZHUffHNG70NRF.lCHUL EYS& S7 9MPXWa7VPF_C.S C-149 t PROJECT BID SCHEDULE D ADAMS AVENUE FROM 17TH STREET TO HUNTINGTON STREET WATERMAIN REPLACEMENT BID ITEMS Item Size- Unit No. I . Description Quantity Unit Cost Total Cost 13. Construct new fire hydrant assembly utilizing salvaged hydrant: including furnishing and installing new bury, valve and appurtenances, backfill and surface repair as shown on these plans, complete and in place. 8 EA $2000 $ Cifl4 14. Furnish and install pump -out assembly, including all valving, fittings, and appurtenances, as shown on these plans, complete and in $ 2 UCH O place. 4 EA 15. Furnish and install air and vacuum assembly, including all valving,-fittings, and appurtenances, as shown on these plans, complete and in _ 9 EA $1!300 $ 13,E �o place. 16. Furnish and :Install new 1" polyethelyne water service, including piping, fittings, valving, abandonment of existing line, trench excavation, pipe bedding, cement slurry backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in q (olboo place. 23 EA $ :.()0o $ 17. Furnish and Install new 2" copper water service, including piping, fittings, valving, abandonment of existing line, trench excavation, pipe bedding, cement slurry backfill, compaction, reconnection to customer side, and appurtenances, complete �O and operative in place. 2 EA $zZyp $�, 18. Cut and cap/seal existing waterline, including all appurtenances, as shown on these plans, complete and in place. 12 EA $ I DO O $ Z, doo 19. Remove existing valve box and cover, including excavation, backfill, and surface repair, 5�� C complete and in place. 14 EA $ $ 20. Furnish and install temporary blowoff for pressure testing, including all appurtenances, as 3,10(30 shown on these plans complete and in place. 2 EA $ . 1?WPLCSWUN"NG7VXBFACHUUEYSdfST EMPRRIZOWFACS C-158 PROJECT BID SCHEDULE D ADAMS AVENUE FROM 17TO STREET TO HUNTINGTON STREET WATERMAIN REPLACEMENT BID ITEMS item Size- Unit No. Description Quantity Unit Cost Total Cost 21. Furnish and install 12" waterline in a 20" stee 5� Lau�.. sleeve per City Standards complete and in place. 22 LS' $ $ 22. Construct inverted siphon assembly, including all fittings and - appurtenances, excavation, backfill, and surface repair, as shown on these 1 EA 3 �OQ plans, complete and in place. $ $ 23. Chlorination and testing of all new water mains (p, Oc7O and appurtenances, complete and in place. 1 LS $ L0 $ 24. Traffic control throughout work area, including preparation of traffic control plans. 1 LS $ 1dOl7D $� 25. Furnish and install pavement slung seal in accordance with the specifications, and limits shown on the plans, including all appurtenant material, equipment and labor, complete and in 63,370 SF $ 2 O $ i�� place. 26. 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 00 $ 27. Pothole existing utilities as directed by City inspector, including pavement repair and traffic control. 25 EA $ 3� $ 1, S� 28. Demobilization and Cleanup 1 LS $ 000 $ 04 Q Sub -Total Amount for All Bid Items — SCHEDULE D $ u 6q aoC Slurry Seal Bid Alternative 1A Furnish and install pavement slurry seal and herbicide in accordance with the specifications and limits shown on the plans, including all appurtenant material, equipment and labor, Z� complete and in place. 1 19,660 1 SF $ , $ Note: Bid Alternative Item 1A shall not be used to determine the apparent low bidder. Bids submitted without Bid Alternative Item 1A completed shall be considered informal and disqualified, RLSPEL'S1ilUAMNGW,Y3 IL'hULUM& %7REMPR2JF.iC7LC M C-16s PROJECT BID SCHEDULE TOTALS SCHEDULES A, B, C AND D The Sub -Totals below DO NOT INCLUDE BID ALTERNATIVES: Sub -Total Bid Schedule A - 3 b o 0 Sub -Total Bid Schedule B L Z OC)to Sub -Total Bid Schedule C - Sub -Total Bid Schedule D L1 (� �? o C) - Total Bid Schedules A through D TOTAL BID AMOUNT TOTAL BID AMOUNT IN WORDS: $^� - -IR -� Notes: All extensions of unit prices will be subject to verification by Owner. In case of a discrepancy 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. RISPFC51HEW77 YG7CW WACHULL.EYS & nXF-17S PRAIWTWF4S C-17s L 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. L C or,., % Class M. A- tr Vn 9r. .45RW" �� i�C c. s 1�n� S17-70-7 &Oku D-y q 203 YU L] -7013) al-ka q D co 3 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 6W above subcontractors listing. 2. That the AGENCY will be famished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. J47EVMHUNnNGT0HBEACHWLLUS& SMMARWECIMPECS C-3 L C L, r If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10-working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find W der s 9WO_ in the amount of $ l 0 1 ° which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: :Adiie dd: No: u' ` DatetReceYvedG a_ : Widder's Signature ' L . e- WONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California Ss. County of Orange . tY g 0.rct 6 r an i, Rro being first duly sworn, deposes and says that he or she is _ f P S is L&I of v_��rt� to n 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 L 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. l.b C�c Name of Bidcar 32 3 3����Gt.yua�cn�c &, Cf� 9 --LO 5 Addres of Bidder Subscribed and sworn to before me this day of , 2001. NOTARY PUBLIC PHILIPJ. HUGHES COMA. # 1163799 > N—Y pl,blk Can[ornpa ORANGE COUNTY Ply Cem� O-V- 17l2&01 lI NOTARY SEAL flWPW-%WUNAM XWB&Cj1wLLEYS&J7RFCSPRa1WA7WS C4 i' L f-. L L 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 ALLEY BETWEEN 12TH AND 13TH STREET FROM PALM AVENUE TO THE , ALLEY WEST OF MAIN STREET WATERMAIN REPLACEMENT; ALLEY EAST OF HUNTINGTON STREET FROM ATLANTA AVENUE TO CHICAGO AVENUE WATERMAIN REPLACEMENT; 17TH STREET FROM PALM AVENUE. TO UTICA AVENUE WATERMAIN REPLACEMENT; ADAMS AVENUE FROM 17TH STREET TO HUNTINGTON 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. Date: q bs Ibi RtlPtl:li UNUAG7t7NfiWNWLLEYSd S7RFAUPRl11F.L7UPF.CS C-S 6 w r- f L L, 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 XO 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. rrMEacSWU) AGMjVBE4CHW US&47RLMPRwwn&Pm C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: S- I Ol UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Title Date: vZ� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. P. aLWECSWVh NG1VNBEACHWJXYS & S7R=aWJ&--J PEcs C-8 �i L i L ' BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 32332 U Business Address (qLj 4) z4 Ll 3 - bG ZQ Telephone Number 6H Xq q 7 -- F1 C-t 1 C 1 I State Contractor's License No. and Class Original Date Issued Expiration Date -#- I05 The work site was inspected by ,Q g& &Acl& of our office on G 1 , 2001. 9 / 2y b 1 The following are persons, firms, and corporations having a principal interest in this proposal: L sAaaLL L=LC;:Q L , L RLSPECSVff1N7fNGTi1NbF.ICfMLLEYS�STI7F.ETSPRQIEClLSPECS C-9 The undersigned is .prepared to satisfy the Council of the City of Huntington Beach of its ability, tY financially or otherwise, to perform the contract for the proposed work and improvements in f ; accordance with the plans and specifications set forth. Company Name Signature of idd r C Printe or Typed Signature L� Subscribed and sworn to before me this day of , 2001. PHJLIP J. HUGHES COS Mwa+� 1163799 > Iw KM C'n'ji "�`Ni COVH� NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has similar work within the two performed past years: � 1. .� i„ Name and Address of Public Agincy i Name and Telephone No. of Project Manager: f r �b o l Contract Adount Type of Work Date Completed 2• ti o� SA0 V Name and Xqess of Public Agency - Name and Telephone No. of Project Manager: �G-� — u y S i5 33 Contract Amount Type of Work Date Completed _ 3. Name and Address of Pu lic Agency _ Name and Telephone No. of Project Manager: Contract Amount Type of Work pate Completed RLSPELJWIlM7NGT17NBF.IClillUi.YSc6STRF�TSPRl1lCL71SPFCS C-14 THE AMERICAN INSTITUTE OF ARCHITECTS BOND # 092601 KNOW ALL MEN BY THESE PRESENTS, that we BRONGO CONSTRUCTION 32332 CAMINO CAPISTRANO, #205 SAN JUAN CAPISTRANO, CA 92675 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AINIERICA 700 N. CENTRAL AVF., NTH FL- Gt_EIDALE, CA 91203 a corporation duly organized under the laws of the State of CONNECTICtiT as Surety. hereinafter called the Surety, are held and firmly bound unto CITY OF HU'NTII\GTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (Here insert full name ,and address or legal tide of Owner) as Obligee, hereinafter called the Obligee, in the sum of 10 % OF BID AMOUNT NOT TO EXCEED TEN AND 00.:100 Pr_RCF_NT Dollars ($ TEN AND 001100 PERCENT), 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 WATERLItiE REPLACEMENT - VARIOUS LOCATIONS - CONTRACT #1170 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished 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 behween the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of September, 2001. (witness) (Title) i. Q (Witness) (Title)YtiNG AIA DOCUMENT A310 BID BOND AIA E FEBRUARY 1970 L-D THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C- 20006 rcS �.m Attorney-iil-fact ` CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF C M F C•RNZA C C UN ^ Y OF ORANGE on before men FRANCES LEFLER, .OTARY PUBLIC , personally a;,;,,ea__d YUNG T. K LLICK, ATTORNEY -IN -FACT xx personally kmown to me; I or proved to me on the basis of satisfactory evidence to he tM personp*) whose name( -a) is/aee subscribed to the within instrument and acknowledged to :re that ) (he/� executedthe same _.. h_s/- ^'wat, authorized. capaciry(Venj , and that the en i - ._ behalf of which the personoel acted, executed he i_^_strumenz. - WITNESS S my hand and official seal. l FRAfVCES LEFLER c� N. CDr,i`il. NO. 1217724 4-— HY }'SiI^•GAQFURNIA T W RIVERSIDE COUNTY °d C9MM::X"M MAY.14,= SiCnaou=e of jary Public ]C �' )f T �' � Y T X '� T X 'k 'T i '} x x * S * ]C ',f 'R `� X Y �C X * X X X �' X iY Y•1' � Y Y[ :f * � Y Y * * X * x s Y T * } ; ]C �C 'f �C 1C CAPACI'L'Y CLAIMED BY SIGNER: Though sta_ute Foes not ;eo"_re he notary i - b _ `^ n �e cc_c ejcw, doing so may prove invaluable to persons relying on the don --meat. --individual(s) Ccrperate Wf_cer(s) Ti_ es arnner(s) TK actorney-in-;act Trustee(s) Guardian./Conservator C-cher : Signer is representing: Limited and and General YX XY �' C C YT<+rz�C •fT �C*'S;�f X'�C ]F '�'k;��c ]� :}XX]C �C 'S ]�T]C *]C `C x T rc��c �CFietY Yr T�('!'x rl _'TENTICN NOTARY: Although he inOrmazion requeszebelcw is out_cna i , it could prevent fraudulent attachEen., cw this 'o unauthorized document 1. Tile Of type of document: Number Of MEW Dame or doc::rtenz. Signer(s) c: ^er .ban named above: THIS gERTIF ICATE MOST BE AT"_'ACHHED TC THE DOCUMENT DESCRIBED MC`,Tx' . KAS -: 45 TRAVELERS CASUALTY A.Nl) SURETY COMPANY OF AMFRICA TRAVELERS CASUALTYAND SURETY COMPANY FARMINGTON CASUALTY COYLPANY • Hartford, Connecticut 06183-9062 POWER OF ATTOR4EY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-I,N'-FACI- KNOM: ALL PERSONS BY THESE PRESENTS, THAT "TRAVELERS CASUALTY AND SURETY COMPANY OF .VNIERICA. TRAVELERS CASUALTY AND SURETY COMPANY and FARAIINGTON CASUALTY COMPANY. Corporifllons d,ily orbamzcd wider ihz iaws of LIic Stale o CC:mcC11CL1, rind having their principal offices 111 I!Ie C:tt county H:!Fl . ;, S[a e of Conl:�CtlCCI, (}3CrCl:.a!LCr I!)..-Ci lip !111Cs :'1Slh made, co['.5lal!led ,:rid appplCle(1. .Ln.. do I i' [I1_s: presents in.oke. cons'.1a;[e and appoint James W. Moilancri, Yung T. Mullick, of In-ine, Californi.i- :lie.- Irul-- :!a illG- . ,'Isl l[t•1'ilC'., 1i1[1l full po\%er and authority liere`?y CDlller.ed to slight, excoute and acknow:ed­c, 'J any p!::4C 5%it-iir f`.:e 3t:i:es. tL';.:olloiti Ins instrumen:rs; by his. -her We s:gr:at:lrc :wd :. , anti and all bonds. recognlzances, cowmr its -o' ad ::ad 0!!r_-r %V-.:i112S o_nh ;i:Or,� ,. the r,a:arc of is 'lord, o: ul'.ilerlakMg and an,. and :i': Concerts ::-iCl&:l: ,:1: { J!n:i :flit '4�,Ilpalles. L'lefem. :is _.ilk ..nd io i"ic sa:tic ox,.-C L1 ,IS .: lae aline `,sere _:fined :1-.c dL.k ,ia:::or!/.ei: it.. [:,e acts of said A:;orr:ev(s; ...-F!ct, purl.:iw-i ;p ;Le a,la!ority ierein gi.ea, are, hereby -Tl-.is appoifill !.7eW s made ;:nder and b} authority of t:1w following Standing Resolutions of said Companies, :\h:ch R2�solt:!fors a- !:oii in full force and �!ffcct: C::::he Ch,,:,nna,:, thL Pres:dze:, any Vu:e Cnalrrna:7, aily i_Xezutwe Vice Presider.:, anv Senior VicL President, :.:1+,''ti:cv 1'r.slJCa1, ani- �<:JCJ Vie :,: ''residcril, .he Treasurer, any Assistant Treasurer, 'he Corporate Secretary or any AiSiSlant SecrcLary Ilal1' _nd ARcn:s ,o ac, :or and on behalf of ;he Cornpany and may give such tippOinliCC SLIC,h authority as his or her cerli:icaLC 01 iILIt:IO[!L% :11:]1' p.'4iCROC to sign %VlLh Lihe Crimpan}•'s sarne and sea! wish the Company's seal bonds, recognizances, contracts of :nderr-nity, and other (%Tit:nos obligator- it the r.":ure o' and bond.-ecognizance, or condil:ona! undertaking, and any of said o¢Ticers or the Board of Directors at any [itne inai rcmo:�c _!W ;act'? appoiniec and re--oke the po"er given hi:n or her. , A li..:) !' ii! l!;c Chmnniiit: the !'resident illy V:cL: ChLimnan, WIV c_XCCU1,;VC V':CC P-CSidCnl, anv Senior `4']CC I'rCS:dCal Or L:.w V:,:c i'-CS!.:Cliff J! .. ;+ par, of L.'lc mrego:nv. aL J :Li' to One or !r1O"c Li I1,;C-S Or Uap!0%eCS 0: L:lis (.,. iipan,,.:)rO%'alca. Lai:: :''L:C I:? L[ „I1I:C 0: ._'c Sccti:, - or: j, r.:paC:Z;:ac., C::......CI J: .:1i-.:r,^I:y, Lie iiTl:a:k ob1:gaU, \ 'r. .-C ai::(.-C ::I L.^,(:aL:, :c�c;�:IJ;::iC' . ,.. .,...,..,..,...� :::-16 b!I:J:n6, upcn :,^.L Com. pan iynC:I it 51s,-:1CC bt :! e 11res:6eC;, a:11' V ; v C Ch.al^r.art , :y :xC'cL.L i.`: ,. 1`. >.._,,. .�.....JI'_X ,if:' 'V:.:c Secor{l Vic -,:SIJc: Lac .rL;Ast.ter, an .i5sls,aa! ]rcas'.lre.- :h. SC_.ci Wi:.. LhL. Corn .n%'S s,!!:. '?! .. SL:.::c`.L:. or: si:s:aj--. ACC-CIw;I ':)r [ 1:; !;- ;:\::�-Il-.:.: -.-: .-...... .. ..:O-:iC`,S-.:1-::": 0:1i. p.irs,la::. .,.:!: 1:cii(C- ,-.S:r�L:_:I .. .:is Jr r.Cr Cc-t!:._a.L _'ici: .,cr::!-i...:c, This Power of Attorne,* and Certificate of Authorit% is signed and sealed by facsimile (mechanical or printed) under and by authority of the follo►iing Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERIiCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is no►,,' in full force and effect: VOTED !1 : :he signature of each of the following of iccrs: !'residc:iL, any Executive Vice Pres:dent, any Se:lior Vice Preside:lL, all,' 'Fier Pry;:d.r.l, ar.i• Assis,an( Vice Presedew, any Secretary, any ASSiSLan: S.cretarv, and the seal of the Company inay he a:`,xcd by G:csiiwlc to :.-:i\ o! Or to alri' cera!!CaLe relating .hereto appointing Reslde:lL Vice Presidents, Resident !"assistant Secretaries o: rillO-11C1"S-I!!-I'E::l !i): pan,,)ics oCk ami auesling bonds and undertakings Md other %yTiLMLS ob!iea,ory is the Calure LhCTCO ,tied i!:W s,lch. pu%+cr ('I ;At"- IC1. r .c-t:l:.ale--ca.-mu such [: c]i:1:ia Sign":larc xlac>: n'i!e sc::! ('i:1:6 and 1pm! lh. Crrp,:r.i ,.,.! .:ci ;uc!: .:e.i �. ;;:.��. aie� ,l a:l:. .acslla:!e sC<:I SI:_:I• ':)c 'vial(. ...--. w1%.L1:•1� L.^,Or: the HOC'.:7::'. _�' .:? a'c .,..:L.:�. ..'l i.i :cs?cCl .. . , ... .-. IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARN11NGTON CASUALTY COMPANY have caused this instrumuni to be signed bN rife;- Senior- Vice President and their corporate seals to be hereto affixed this 7th day of .Ma' 2001. SS. Har,.i-o ,. GJ,s:jj rI J wax-��0. a' /'i ATF^-Pj < 0 1 982 0 { cor.q. j R TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA "TRAVELERS CASUALTY A:tiD SURETY COMPANY FARMINGTON CASUALTY COMPANN 3-w }. George W. Thompson Senior Vice President On this 701 da v of.May. 2001 before me personally came GEORGE W. THO,NIPSON to me kno,.►-n. %olio. being by me duly s\+orn. 'A depose and sad•: that lie/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF A-MERICA. "TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY CO.11PANY- the corporations described in and which executed the above insirumcnr, that lie/she knows the seals of said corporations: that ti`.c scats uffixcd o thL said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations bk o: it% of :his'her office under the Standing Resolutions thereof. �• ` Mr cor fission ex� res Cecernbe� ?t • 2�;02 Nctary P;.---1 c �.,^off./•`.,� Carol A. Thompson CERTIFICATE 1. the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF A.-NIERICA. TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY. stock corporations of the State of Connecticut, DO 1:ER; BY CERTIFY that the foregoing and attached Power of Attorney and Certifictnc of Authoniv rcnia ns :a full force and has not been revoked. and furthermore, that Elie Standing Resolutions of the Boards of Dircc;ors. as set foal: in the Certificate of .Authority, are no%N in force firmed and Scaled at :he Home Of[ice of rite Co:npam, in the Cin- of Hartford, State of Cor:necticu'. Dated this 26TH dax of SEPTEMBER .2001 O • Y ;� �irii. 'y t� By Kori M. Johanson Assistant Secretary, Bond Proaffffr (714) 289-7676 Seltzer Insurance Service 1524 E. Mayfair Ave Orange, CA 92867 u� U� 60 Lu �� NO Insured BRONG01-DEB Brongo Construction 32332 Camino -Capistrano, #205 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. co=Dany Claremont Liability Insurance Co. Company QBE Insurance Corporation c°-pany Fireman' s Fund Insurance Company Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE MSURED NAMED ABOVE FOR THE POLICY 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 FCLIC:ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH PO-CIES. LI.NIITS SHOWN MAY I-AVE BEE\ REDUCE BY PA D CLAIMS POLICY POLICY CO EFFECTIVE EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS LTR DATE DATE ENERAL LIABILITY Genera: Aggregate Commercia� General Liab,..ty RM01- 2 0 7 4 9- 0 0 0 3/ 01 / 01 0 3/ 01 / 0 2 Proc:jc;s-Co np.clodEIn-ury gg A Claims Made Occur .Personal & Adver;isI 01-0 Owners & Contractor's PrtecvVe Each'-OccurrenceHFPD , XCL7 F •e Damage :ary ' w A A B - AU I UMUtIILt LIAniLI I T Any Auto Comb ned Since Urni; All Owned ALma 071000410609 '03/01/01 :03/01/02 Boc ly ln,ury Scheduled Autos Iper perso.-i Hired Autos Boc.ly In,urV Non-Owred Altos iror accidents. .. - Prdcerty Damage I ' I GARAGE LIABILITY Any AJto T tryt' I !t ra v 4 m) A S 10 F`0'_r�':+1 L- Lam.*:iI Attorney Cj±,)L_Attorn8Y r ALM On - Eac Accident O;her'han Alto Only Each Accident Aggregate ! , i I EXCESS LIABILITY Umbre:!a Form Each Occurrence ,enure-�r+,a s YY UISI\C11A LVIYI h'CItIbA I IVIY i Statutory Limit Other EMPLOYERS' LIABILITY EL Each Accident The Proprietor/ Inc EL Disease -Policy Limit Partnersiexecutivo Officers are: Excl EL Disease -ea Employee OTHER nland Marine MX198401269 03/01/01 03/01/02 697,840 Scheduled C ired/Rented/Eq 1300,000 Any One Unit :RIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS tificate Holder,its Agents, Officers and Employees are named as Additional ured(s) with respect to Waterline Replacement, various locations, tract No. 1170 City Of Huntington Beach Public Works Department 200 Main Street Huntington Beach, CA 92648 ,A11lC6LLATlON ...:.>.. ........ ......... :. ...::.. : HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE XPIRATION DATE THEREOF. THE ISSUING COMPANY WILL El� MAIL 3 0' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE EFT, tCQA? E4� E16? ev InhateetCa Vislorie lot, . dAWIib CCiRp��R7t�N: 998$ Brongo Construction, Inc. �K 6�-ba CTI (WA� POLICYNUMBER: RM01-20749-00 J COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ CAREFULLY ADDITIONAL INSURED -PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART This insurance is primary for 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. Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other endorsements, provisions, conditions, and exclusions of this insurance shall remain unchanged and apply to the additional insured described below. SCHEDULE ADDITIONAL INSURED: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES 200 Main Street Huntington Beach, CA 92648 CONTRACT / PROJECT: Waterline Replacements Contract No. 1170 DEND-01 MON 12'58 INS FAX NO. 000 Q.02 R8•>�• •ate -«-l. .h5 «"p ��„ _ •Fpv.,-��/A,•":,-, V e ►o r 7 1 4 17 676 TKI9 CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION Seltzer Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 1524 E . Mayfair AVe r THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Orange, CA 92 867 ��. h(HJrr IV 1Y� COVERAGE AFFORDED BY THE POLICIES BELOW. �—al L T Como.,~„ Claremont Liability Insurannce Co. company QB2 Insurance Corporation Insured—BRONGo1 • Deer CunDany Fireman I s Fund Insurance Company Brongo Construction c 32332 Camino Capistrano, #205 cati'^y State Compensation Ins Fund aTInS IS TO CEAT,ov TIIAr THE POUCIeS�OF INSURANCE LISIED BGLOW HAVF BEEN ISSUED TC Tr it rNSURYD NAMkO AOOVE FOR rHE ZLIL1v INDICATED. NOTWiTH9TANDIN0 ANY REUUIRCMENT, TRRM OR CONDIY+ON OF ANY CONTRACT On OTHEn DOCUMENT W11 H AESPrr.T TO WHICH THIS CERTIFICATE MAY BE ISSUED OA MAY PERTAIN. THE INSURANCE APFOADED BY THC POLrCIES DESCRISED I nAMN IS bJBJC(. I To A&I THE TERMS tACLOSIONS AND CONDITIONS OF SUCH POLICIES. Lill MI S HGWN MAY 1•IAVE BEEN AEDurEO Br PAID CL AIMG. POLICY POLICY CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION I LIMITS DATE ENERAL LIABILITY C�nrr=1 Au9r�a[� ,• _ nrI s-}+�r Q,�Q tommarciel Genera! 4^hili[y '' RMO 1- 2 0 7 4 9 0 0 0 3/ O l/ O l 03103.102 Prey ,t,F t wL�I noa Aar _ �,Qn�._nQ,-r�� A Cl+rrn, M,ms U)Omw Pecs nBI 6 yalUCen I JfV �� 1 , [r . S!�yy ownl,'a 3 tonuaelora PIM,Ie] ye fain O�vfegnte _ buy �Y nn 1 SiS�.r .� Mpl,Ieal Fv Iise" Ian onn r nI 1 A TOMOSILE LIABILITY �Aly Auup CasnaLned 5•nyW Limrt ' .! . • 1.,11 QA, Q.Q D 1y3 All pwwmo A,,= 071,0004111119 11111101 0 3 / 01 / 0 2 Bon+ly Ilyury sc*d,d:n A,,mx leer I14rWnl Bod!v rnl„ Iy HI10d Maoa Non•Ownad Autm rear acc r[rn!I . �� Peepiu[y aemayya GARAGE LIABILITY -' y �' J his TD 2<U Ch'14 HUTTG2s, Au 0�Iv •• EISAt4ua_�,r oeTer �A",A'� City y ..� Imo,-+ Jitorn f Er c EXCESS LIABILITY uhOct-rune! c �� ulnkerH Form ra a[C Amer Tnan um ,d1a Porn, WORKERS' COMPENSATION gtetUlply �I7N,1 Omh A `' ' D EMPLOYERS' LIABILITY 1663406 11/17/01. 11/17/02 EL C, AurnAsnl Tn0 Prarriotort Paeing,a{Cxttuuyl y Intl EL O faux �PpI,�L.!r•,i f1 r1 r1 r1 /1 S.�-iLSLL.i-]fS1. orrirm. l e: ix I EL 4isdasr•E :-niNn•au OTHER 1}lan4 Marine XXI98401269 -'103/:01/01 03/01/02 697,840 Scheduled C fired/Rented/Eq '-I:_• 300,000 Any One Unit DESCRIPTION OF OPERATIONSILOCATION SIVElilCLESISPEC, AL, ITEMS Certificate Holder,its A ents, Officers and Employees are named as Additional Insured(s) with respect go Waterline Replacement, various locations, Contract No. 1170 05� SHOVLO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THP EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ET� MAIL —,,U• DAYS WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED To THE City Of Huntington Beach LEA' Public Works Department 200 Main Street U o ,� prlaen �e Huntington Beach, CA 92648 •d y.e�, sv, sr!; :' ^.''.;_ •..,,�Y, � •_, �..w,(n}S�,:,.�,�.�...'��,, '.+�C;��'?;�,; ��"-A: ti - Y:x'.::=e'�^� - . �a �; ":.�: ..� - - �'. _-- a:-::� r3 Iamb •,, t'..- _-,_.. p.-•G'��p.�..y.�:L3Rp0A-XtT}DfV :1'9a8. 'P�' X"«;'SxI•P,o'7d•�M'.- �5;:,"-. :��,•r`; _-:': '-.=�k.: «..'.p-- rW•!i 9 - -.`Y« DEC-10-01 NON 12 59 INS T FAX NO. 000 P.03 Brongo Construction, Inc. POLICY NUMBER: RM09-20749- 00 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ CAREFULLY ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART This insurance is primary for 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. Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other endorsements, provisions, conditions, and exclusions of this insurance shall remain unchanged and apply to the additional insured described below. SCHEDULE ADDITIONAL INSURED: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES 200 Main Street Huntington Beach, CA 92648 CONTRACT / PROJECT: Waterline Replacements Contract No. 1170 .z!{Ip4 h77�fn As Jro Off: 1 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 103§50203 Premium 15.679.00 Premium Amount Based on Final Contract Amount AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicab:a. CONTRACTOR (Name and Address): SRONGO CONSTRUCTION CORPORATION 32332 CAMINO CAPISTRANO, ##205 SAN JUAN CAPISTRANO, CA 92675 OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 SURETY (Name and Principal Place of Business): TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 700 N. CENTRAL AVE., 8TH FL. GLENDALE, CA 91203 CONSTRUCTION CONTRACT FppCVF� dS ^0 e0R:'i:. Date: C;..IL Hu-2011., C41 kttcrn,e,Ay / Amount: $ 1,217,870A0 Depsty Ci"�y AtTcune Description (Name and Location):' ' Waterline Replacement -various locations Contract ##1170 BOND Date (Not earlier than Construction Contract Date): November 13th, 2001 Amount: $ 2,217,870.00 Modifications to this Bond: [X] None CONTRACTOR AS PRINCIPAL COMPANY: rate Seal) RATION Signature: Si Name and Title: eo ru��c eSicic (Any additional natures appear on page 3) SURETY j .] See Page 3 COMPANY: (Corporate eal) TRAVEL C ALTY AND SU COMPANY OF AME A e: I,XL arlitIe: YU T. MULLICK , Attorney -in -Fact FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: or Engineer or other party): THE BONE) EXCHANGE AND INSURANCE AGENCY 23232 PERALTA DRIVE SUITE 222 LAGUNA NILLS, CA 92653 , A11 A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 19" ED., AIA 9 A 312-1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 2DDD8 THIRD PRINTING - MARCH 1987 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE 07 C]%_T y: GRN;A CCUN"_'Y OF ORANGE on — ! �0 before me, FRANCES LEFLER, NOTARY PUBLIC _ , personally aooeared YUNC T. MULLICK ATTORNEY -IN -FACT xx DeLsonally :gown to me; or proved to me on the basis of sati s=acz=7 evidence :o :e e person�) whose nane(.a) is/aav subscribed to the w2.thin and acknowledged to me that (he/fey) executed the same in __ authorized capacity(a:e!i-), and that t:re e: cizv u_cn behalf o` which he person( -sr} acted, executedinstrument.-1 rriITNESS my hard and o*'ricia= seal. (SEAT) FRANCES LEFLER a COMIA. NO.1217724 cv N W fYUTAgY PffBLIGCALIFO RNiA N RIVERSIDE COUNTY w MY COMA 601RES MAY.K20W SiCJ.??a Of 1 o- r P ubLic CA�AC;'i`Y CLAD ED BY SIGNER: ,{i,-oUgl' 5 tatute Goes not require the notar_J `^ I1-1 - in the data De-1 -- , jo:.ng gc may prove _nvalL'able to persons re'_v=i c c Individuals) 0 r ate Oi=i:.e= (s ) Tiles XX A::tcrney-_' n-Fac _ �T,-ustee (s ) &jardian/Conse;-veLor Si : ec is _eoresenti-cy: and and Limited General W T * * r Y T X T * * * W * Y * x * W * * * * * * * W* * * * *W x '� *r . * *W * x V * x x x x * Y x x * * V * * X :"_''TE_N'_'_vN *ilO+`, -:Zy. Altho;:uh the info=at_on reC-est d 00Zi o11a 1 r ' t could prevent=_'audu. lent attachmenc of :.l? i s Cer f c 72C uOC' ler �; L_e _ pe c_ doc::ment . cf Dat- of doc•.i-nent. iCne C- h e f _:+a.. amen' abova. TETS L�,•:.t'VIFICATE H ST BE Al"TACRED TO THE DQC 'NT' DESCRIBED UOVEE . KAS ''J:X::' .L. r rre Lonrracror ana the surety, jointly and severally; Lind 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 rights 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 may - . be liable to the Owner and, as soon as practicable after the amount is determined, 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; 61 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 aftter 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 available aWe to sureties as a defense in the jurisdiction 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 Jegal 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 amounts 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 add d parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL. SURETY Company: Corporate Seal) Company: rporate Seal) Signature: Signature: Name a itle: Name and A ss: Addreps--� AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D., AIA 0 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS 103650203 Bond No. AIA Document A312 Payment Bond Any singular reference to Contractor. Surety, Owner or other parry chili be considered plural when applicable. CONTRACTOR (Name and Address): BRONGO CONSTRUCTION CORPORATION 32332 CAMINO CAPISTRANO, #205 SAN JUAN CAPISTRANO, CA 92675 OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 SURETY (Name and Principal Place of Business): TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 700 N. CENTRAL AVE., 8TH FL. GLENDALE, CA 91203 CONSTRUCTION CONTRACT Date: APPROVED g TO -`CR?i Amount: $ 1,217,870.00 GILL H jT"I Cjty Attorney Description (Name and Location): B;; : Depa _y A �to r'Ze Waterline Replacement -various locations Contract #1170 BOND Date (Not earlier than Construction Contract Date): November 13th, 2001 Amount: $ 1,217,870.00 Modifications to this Bond: x None See Page 6 CONTRACTOR AS PRINCIPAL COMPANY: Signature: Name and Title: �_e (Any additional 13so ri O Wes) CA en� 1 res appear on page 6) FOR INFORMATION ONLY -Name, Address and Telephone AGENT OR BROKER: THE BOND EXCHANGE AND INSURANCE AGENCY 23232 PERALTA DRIVE SUITE 222 LAGUNA HILLS, CA 92653 SURETY COMPANY: (Corporate Seal TRAVELERS CA TY SURETY COMP OF AMERICA Signs• / Name and •Title : YUNG T. MULLI , Attorney•in•Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.. AIAO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AYE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING - MARCH 1987 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALI_OR'JZA S.S. COUNTY OF ORANGE ) On _ J f��� before me, F ANCES LEFLER, NOTARY"PUBLIC personally appeared YLNG T. M LLICK, ATTORNEY -IN -FACT y,N oa-sonally known to me; Or proved to me on the basis of satisfactory evidence to be the personp.) whose name (.a) is/awe subscribed to - the within Instrument and acknowledged to me that. (he/eheysbay) executed the same hi s/__ authorized capacity(Vem) , and that the entity -pcn behalf of which the personoel acted, executed the inst,'.me: z. WTNESS my -hand and official seal. (SEAL) PRANCESLEFLER No COMW NO.1217724 N �iYUTARY PUBLIC-CALIFORNIA N W RIVERSIDE COUNTY MY COMM. EXHRES MAY.14,2003 -Cna c re O; - Public Cj,DBC I'I`Y CI.A?iE D BY SIGNER: ahCugh sta uue does _^rot require the notary o 'fill in the daze below, doing so may prove invaluable to persons relying cn the docame: z . Individual(s) Corporate Officer(s) T-ties p`rn er (s ) MC Accorney-? n-= act Trust2e(s) Guardian/Conservator W."-e Signer is representing: and and Limited Genaral 1Cr xS�-Y t Y :C Y3 �'S #TY #xxix Yx xx *]Fxi Fxx;c#itYx ix:e x'k r!]f''exx YYtt r Yx iY ATTENTION ION NOTARY: Although =he :.nfcr t,'c^ziGil revuested halo O,tjona-, in could prevent fraudulent attachment A this ca=ni_icace to unausmcf-zed document. U z-_ ze of 'acc ment . Numbef ;ages: Daze of document: gna s , czher t..=n named above: THIS CL?RTIEICATE LUST BE ATTACHED TO THE DGCUMANT DESCRIBED XBCVE . U5, 1LLR 3: 1, The Contractor and the Surety, jointly 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 6aims, 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 addres 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: .1 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 parry 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. 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 Bohd. 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 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. Fond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy 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: (Space is provided below for additional signatures of CONTRACTOR AS PRINCIPAL Company: orporate Seal) Signature: — Name and Ti Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted In the jurisdiction where the labor, materials or equipment were furnished. 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. parties, other than those appearing on the cover SURETY Company Signature: Name and Title: Ad d riW- (Corporate A{(j DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. fPd A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON,U C. 2OW6 THIRD PRINTING - MARCH 1987 MAINTENANCE 9OND KNOW ALL M! N BY THESE PRESENTS, That BRONGO CONSTRUCTION CORPORATION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 BOND NO. 103650203 PREY[IUH INCLUDED IN PERFORMANCE BOND' as principal, herrelnafier called Contractor, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH a$ Obligee, hereinafter called Owner, in the penal Stan at $1, 217, 870.04pr the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, stated entered into a contract with Owner for WATERLINE REPLACEMENT VARIOUS LOCATIONS ' CONTRACT #1170 In accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of ONE year(sj from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain In fall forca and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this IN TH9 PRESENCE OF: S-2326-1 (07.37) 13TH kPPTIOYED r S To FoR:� y Sit; AttcrneT' day of NOVEMBER 2001 G=:;, 1� L C.Y _ .iY51L V �y BRONCO CONS I CORPORATION (Seal) Principal Title . o Q� cstc�en� TRAVELCIPIMT.MU—LL ! rNy OF AMERICA B Alkinay-In-Fact CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT 1 S.S. COUNTY OF ORANGE } Z before me, On &_I FRANCES LEFLER, NOTARY PUBLIC personally appeared _ yuNG T. MULLICK, ATTORNEY -IN -FACT xx personally known to me; or proved to me on the basis of satisfactory evidence to be the person(&) whose name(.a) is/awe subscribed to the within instrument and acknowledged to me that (he/pep) executed the same in authorized capacity( -=-es-) , and that the entity upon behalf of which the person(-ej acted, executed the instrument. WITNESS my hard and official seal. (SEAL) ;�FRANCES LEFLER N COMM. NO.1217724 CN Wa fx 1YUTARY ?UULIC-CALIFORNIA RIVERSIDE COUNTY W MY COMM. EXPIRES MAY.14,2003 Signature of Nota_ Public *****+V V W ******W ******* *******sir************** x********** ** CAPACI-IryCLAZ2ED BY SIGNER Though statute does not require the notary to ' L i 1 1 in the data }below, doing so may prove invaluable to persons relying cn the doc,_,mert . Individual(s) Corporate Officer(s) Titles Partner(s) XX Attorney-in-F^act Trustee(s) Guardian/Conservator otIIZY . S+gre_- is representing: and and Limited General *v**y,,+**:*w****************W*********y'********V***r*******a ATTENTEGN NOTARY: Although the infor ation recues=ed belori -r Could prevent f_aud'.:'_en_ attachment of this cerzi-rlcate to unauthorized document. `r'4tle 01type o= document. Number Pages: Date of document: c ther that: named above . THIS GERTIF IC_?TI': HST BE ATTACHED TO THE DQCU_UrN_ DESCRIBED ABOVE. IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 7th day of May 200 L STATE OF CONNECTICUT ) SS. Hartford COUNTY OF HARTFORD I��f Jh4TY 4Xpa GA6CGI( ttWMFA s HARIMM, 0 19 8 2 0 yr tr 6� d� TRAVELERS CASUALTY AND SURETY -COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARIVIINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 7th day of May, 2001 before me personally came GEORGE W. THOMPSON to ine known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument 'are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions'thereof. (rNOTAIAY vuauo 'wA'e CERTIFICATE My commission expires December 3.1, 2002 Notary Public Carol X Thompson I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARN13NGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in fall force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 13TH day of NOVEMBER ,20 Q1 mk*A,yOSwr JA4TY 4h6a GA6U�C n t 6 rE CONN. Z.,�S • at By Kori M. Johanson Assistant Secretary, Bond llt�-ae-�aa= 1S•42 THE BOND EXCHANGE a• �f5�• • tlly t T F ORt��i��■■sv 11+=��,�in•�J•iTmLi�lalf.��{wly i„yt/f\y TS 341. THE CITY mmz P�.�p■�: �0�. 80X 14171 .N l Cx �+ a CE f G 92613-1571 CLERK OF THC SUVEijon couar DA= DECEMBER 8, 2001 ••�• pis• r• r •r f.'r i' • ri f : �;1• ♦r t•' as a • • r.- V .- • rt' ••. a• :{7!1:•:�' l+:••�lai' ■: :1' I L[3 P[C3.zaqny a CQ"FL=2 L= ol? AFL mmgmum AM4== TO MANSAM SAY MRSDRAIN=TEIS wm: AS CIF= TO THIS DEPARnear BY Tw MAWRA"m 00VU-SSX0MR, :Es QU F= mt %4=s OE pic E. TRAVELERS CASUALTY & SURETY COMPANY iS ON M LXST AS CAB CE TEM INSMUMS ADM== TD 1! NSN:C SUR= MOSMA= nq TEM ATE OP CALIfVrNiA. 1 ► YJ` :1'✓'1�1 :1, :1:I• i/: • :r, J i/ r I1/ ►.1' • • :1 1,. i! f• : •r 1,•♦ r, i:. v rl t ' r /' • : 1; ; u • ' ■:1 •a /.r ti Y:•• �'Ii•r1 M • ••%• Val T/T•d TOTAL P.02 � CITY OF HUNTINGTON BEACH iq UN) MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER: PW 01-133 CouncillAgency Meeting Held: Deferred/Continued to: H � c z A proved © Co nd Tonally Approved ZI Denied to-e1,Cit Cler Signature h Council Meeting Date: October 15, 2001 Department ID Number: PWr01-40 CZ) are c- CITY OF HUNTINGTON BEACH a x REQUEST FOR ACTION C n SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorQ/V PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR WATER PIPELINE REPLACEMENT PROJECTS; CC-1170 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachmentis) Statement of Issue: Formal bids were received on September 26, 2001 for the Water Pipeline Replacement Projects, CC-1170. Staff is recommending award to the lowest responsive/responsible bidder. Funding Source: Funds in the amount of $1,475,500 are available in Water Account No. 50691006.82100 ($1,423,870) and Measure M Minor Street Improvements Account No. 21390006.82300 ($51,630). Recommended Action: Motion to: 1. Accept the lowest responsivelresponsib le bid submitted by Brongo Construction, Inc. and authorize the Mayor and City Clerk to execute the approved construction contract for the Water Pipeline Replacement Projects, CC-1170; and 2. Authorize the Director of Public Works to expend a total of $1,475,499.25, which includes the bid cost of $1,217,879; bid alternate costs for adjacent street paving improvements of $51,629.25; estimated contingency of $127,000 (approximately 10% of construction); $16,000 for construction support services and $63,000 for supplemental expenditures. 01-133 Oct 15 VeBow (Award CC-1170).doc -2- 10/03101 3:26 PM REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER: PW 01-133 Alternative Action(s): Forego approval and direct staff on how to proceed with the project. Anal: Sections of water pipelines in 17th Street, Adams Avenue, the alley between 12th and 13t Streets and the alley east of Huntington Street are in excess of 50 years old and have a history of maintenance problems. Replacement and upgrading is warranted to reduce maintenance costs and improve customer service. The existing 8-inch pipelines in 171h Street and Adams Avenue will be replaced with 12-inch pipelines. In the alleys, the 6- inch pipelines will be replaced with 8-inch pipelines. These upgrades will result in significant hydraulic benefits to the City's water distribution network. As a bid alternative that can be accomplished within the project budget, minor pavement improvements will be made to 17th Street and Adams Avenue in conjunction with the pipeline replacement project. By combining projects, neighborhood disruption will be kept to a minimum. On July 16, 2001, City Council authorized the Director of Public Works to receive bids for the water pipeline replacements in 17th Street (Palm Ave. to Utica Ave.); Adams Avenue (17th Street to Huntington Street); the alley between 121t' ands 131h Streets (beginning at Palm St., northerly approximately 900'ft.); and the alley east of Huntington St. (from Atlanta northerly approximately 500 ft.). On September 26, 2001, nine bids were received and publicly opened by the City Clerk, as follows, in order of least dollar amount: The Engineer's Construction Estimate was $1, 640,000. Brongo Construction William Supply Company BnB Engineering W. A. Rasic Construction Elser Construction Majich Bros. Valverde Construction Simich Construction Mladen Buntich The actual costs of project construction are as follows: Construction Contract: (Brongo Construction) Bid Alternate Paving Improvements Construction Change Orders (not -to -exceed) Construction Support by design engineer Project Supplemental Costs GRAND TOTAL $1,217,870.00 S 1,286,474.10 S1,317,753.20 $1,454,787.45 $1,477,314.40 $1,478,863.00 $1,530,582.00 S1,531,028.00 $1,671,191.65 $1,217,870.00 $51,629.25 $127,000.00 $16,000.00 $63 000.00 $1,475,499.25 01-133 Oct 15 aeBow (Award CC-1170) -3- 1012/01 3:10 PM REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER: PW 01-133 The budget for construction change orders is estimated to be $127,000 or approximately 10% of the total cost of construction work. These funds will be used only in the event that unforeseen field conditions warrant the expenditure. Prior budget authorization is necessary so that construction will not be delayed. Construction support services are estimated to be $16,000, approximately 1 % of the construction cost. The design engineer will provide the necessary services such as site visits and shop drawing review, to ensure that the engineer's intent in the construction documents is adhered to during construction. These services will be provided pursuant to the terms of an existing contract. Project supplemental costs, approximately 5% of construction costs, are budgeted in the event that the City requires independent testing, printing and other miscellaneous costs that might arise throughout the course of the project. City Staff will provide construction management and inspection services. Public Works_ Commission Review: The Commission reviewed and supported staffs request to advertise for competitive bids on May 16, 2001 by a vote of 5-0-1. Environmental Status: The project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15302 (c). Attachment(s): RCA Author: D. De Bow:jm X5528 01-133 Oct 15 DeBow (Award CC-1170) -4- 10/2101 3:10 PM ATTACHMENT #1 CITY OF HUNTINGTON BEACH PROPOSED PIPELINE REPLACEMENT PROJECTS VICINITY MAP ADAMS AVENUE .FROM 17TH ST. TO HUNTINGTON ST. 17TH STREET FROM ON PALM AVE. TO UTICA AVE. ALLEY BTWN 12TH AND 13TH ST. FROM PALM AVE. NORTHERLY ±900 FT. 0 J 0 m z _ z 2 m JIJULJ YORKTOWN UTICA ADAMS �l A� INDIANAPOLIS .L �r ATLANTA A� � y N 'ALLEY EAST OF HUNTINGTON ST. FROM ATLANTA NORTHERLY ±500 FT. to �� , 1 UiLEJ 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award of Construction Contract for Water Pipeline Replacement Projects. CC-1170 COUNCIL MEETING DATE: October 15, 2001 RCA -ATTACHMENTS' STATUS: Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION. FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administra' ) Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RE OF ITEM: 1 i LETTER OF TRANSMITTAL TO: City of Huntington Beach ATE: 11 / 19/01 2000 Main St. Job NO: 01-85 Huntington Beach, CA 92648 __ Attn: David Verone Re: Water Pipeline Re lacement-Cash Contract #1170 WE ARE SENDING YOU THE FOLLOWING ITEMS: ❑ Shop Drawings ❑ Copy of Letter ❑ Change Order ❑ Plans ❑ Material Safety Data Sheets/Certificates of Conformance 0 THESE ARE TRANSMITTED as checked below: 1-in For Approval For Your Use As Requested For Review SUBJECT OF TRANSMITTAL: Enclosed are the following required documents: Liability/Auto Insurance Certificate Worker's Compensation Certificate A Huntington Beach Business License Certificate of Fact Request from Bond Company Performance Bond Payment Bond /� Maintenance Bond // /� SIGNED: Shem'na L. W unman -Office Manager PH (949) 443-0620 - FAX (949) 443-0626.32332 Camino Capistrano, ##205 - San Juan Capistrano - CA 92675 CIF BRONG04CONSTIUUCTION;.INC= ;..f :: ., };. Ci?;��`�•1''!�_ ' 32332C:... �,t�:�:�-.w 'i ciiY ariiuio'Ca .istraiio Ste: #2Q5 is „'':::: , ,oil OF. Juan,Capistrano �- :, 2001 p • '. .. °;' .(949} .443=0620 ��• ��: �_ ,� S�; � F w:: < ..-� i'i' ;.F :;J� ti' .f� •i: _ ri i` ti:c% „` �ti `:�'" ii,] _ - , . Eat' ! •;J i ;�:� ``]"` 'I _' I - . ."A :4:• •'i i' ' -'- •�.y�:;'` :'ti: 1'� :�!':�''?]�_' - . XI '1 _ f;�'. •iitii,i: •4.F": ss. �'r '..•t'"ir' �iiz il'•{' _ 1e' _ii.ipy •Sl, ..r :r•'r.-.:T`;SJ,''4-i!`, :-0: �._ °e.. e ��'• i t'••'k•... .�S::i:! � - .. , jyl,8+ij' :i.l°.�' "-Yi'i •:c . N'r••i . Si ..r .,:��'a ij.b;:T.:_' � .ra [:?:. .. �i. - _ - :li; =_ s':i�1? Y.'Sr;e�l.i : '� _r�.l•} 'r _r',c �*,•y 1 •{�r•''•z:- . •.ii `^ • . i •. ram.` .,` J2, 7-. f':�+ ,+f "k.t :.�:L=r ..+ ,+.iR •,ei sr ..^�„�-4iv ie` :X:r^ ti•�f,`�Y `:+ssr�., 7'�T '_i7i 1e :'L •.I.�,r C; :• ,rS. .� 'rr._ irk :*:— -d.: '�'i•'Fr r-r•J .+r: .:s. ^r "� 1:�: 'k _r '•t� • is '._ti-?i'.:e �Y"' _ '4�r _ _:rti',:i:';.. �:-:+.- '.1-`"-�; .:71��.ri•^.-w.ti,,, .. �. _+ri'='...w �:ih. 'L. i<! -r°'C 7.'�''..s.x' - •`t' - r C _ _ is.•.� ,J -r:. ��,. ,( . 4... -•ir \. S ! ."s �,'%:la rt. i• .!� jL,,{,, :.- �:iYr. ,r .'.1`e r':F'i ,,.r-•:;.. - _.l'::' ,..r�.. :S{���'e'' •�Arai '-� a.SC+Y.,:.i:` L1""-:i.�,.-. .4''ry r. •-:.: •'�. ?a Slr"n:r•.' .v' Jc .: ,y 'Y. :'3r._ -i Is, -F: _s• -{,' �f1 ' I' -,- . ice• +:i: .,7 ' ^.i ]•_ - , - fi. f�:¢•. :i_• :tile ,7`�: .et'""+v�J'; l-�'. ����, .tir£: ..: i •..b.�-' w:;'.a:rf,=' --~—.. _... _._�.. Mu m Arr' -I' :.i'"'.^�; ri �ki'K � -' z-r • Ys -"_r-1' .�!whs,. ---. - -- - - '- '--'—" - --� . L,�. PROPOSAL ':x =;�}'�i�'�=s.'S.�'•-'i�'a:i�.;;�_")t'`�'i��itl�'•,�����••r•Y4'r��i�:a�*fiL yl`r : �, i 4,j`'il', :�f • ' ,21: 1 :.i �::+ ,-3• S. ^4. .�•; `i:.i�%!4= " • -'. ="7' �.+. �::+.. i ,..+,: _.- ,, ,i•.zy�-�',w1it :•.^i r the ' -' ;, , THE ALLEY B ,H ':.y:, r . ��, tr * WATER MAIN REPLACEMENT IN BETWEEN 12TH AND' 13 STREET: ��'' ''• �' .a,4; 1..1ti >�! Ira :i!':.i' ]'fkr! ± J:.-, 2' --h:•.,, r!- rcr: e••. ..,ri�4.; .�-• �..,., NUMN fr� �� FROM PALM -AVENUE TO THE A`�r'.i��.r Y.i,rt: I' : •'`�.'r: ALLEY WEST OF MAIN STREET 1'at:. j1.' - :. t_�'` s: r.-y?fit tl s. ;� .. �• _ ''�-'•�c4:a: � •N�y:,•,•r'{`-�::. �'4t�.Y •. ~p a-' r�"f'-..I'�-t' .,•Lf' - ' 'WATER MAIN REPLACEMENT IN THE ALLEY I, F {e•a�7 vt!�:r:s+. f�;` ~P FixFr..1 EAST OF FiUN'I'INGTON 1 .�' STREET: s -; ' '�:GL° FROM ATLANTA A =•.�5'�•'i.'=,�C yr T: �. Y• :� ?' :.��'_'� VENUET TO CHICAGO AVENUE � i i .-• �::r :.t�..r`.�4. �:�-2i',,jja<r!,:-.� �� �s:!:x;tY�� r_ r z .;. 14 , ;��: Jj:: 1 �•iXi:i ; Y r!•i�• r..Z: :+? •'"Ri: �•Y •'4;:rtk ,'i:',.'� 'yNt{t; E.' .: 14. "i_:2:.... Yi - •;wYY+.k..`-C'{�•�.� * �. .r:r_:`-. _ TER MAIN REPLACEMENT ar;.a.... ' r�-���=� � WA IN 177�'[ STREET: `. •.i \. ,l: '.� i:.f}:y:ti; i,i �'`�7 �:;i:,Y: may! ri ��,y �, .`�3:�Mc � 'sus•- `FY rl,e ''r: r . t ,y �'- ti + ss� -•-. �. ter$• • �:; � , t •�'r'i:l: " -^TC 4i'-`Ifi -7 +,. r•"'tY:: M'..-^�=•^'".�.�., ..,�a . FROM PALM �_� AVENUE TO UTICA AVENUE ;._,^�Y ..� . i��: i - r.: e4' . �:'� aka: +, 1.; i. ;..-r7F'�"•'::i, ��5• � ' . >rv?.7 .Isis :';)•.^, . _ �:i :1 ., • .:�;! ,. , • }i�:. a.',tia [•....,f.•`�:.I� �: s];i.•''_!:r' {w.'r,'.:k. iyyr`.1•.='t,C:`!{'c'+:?'7}�._5'},7:1::.<i�v..:a_.^A7: I''A:,� r a:.'f.Is- ,,,i .j.ii_, ir+�P'_ i•Jl .�:we:r.:•, a. •-:- x•_ I _ , •`i:' _ ' r.� k:.t1 t:• C +�• IN ADAMS f ' r"` .�� '•�; ;�:i=.;,!,�; -.:: �• ��.; Yr✓.��s ��,;; •-.i �p r:,�hv � WATER MAIN REPLACEMENT AVENUE: . I �i'li�.`,I:�i'��;�'iJ11•••';S':.3�'.�:iiF••�rY.�;.:e�..r�`7�-1�;"•��:}� is�-y'-;-r 3j•'7,er ••,tr''f3•i: j7?e`.; -�tF !,-F. µi ii:fi;'�c%7iv'j_.'`-?;a,-•+:.�. FROM 17h` STRE ET TO HUNTINGTON STREET Ni-r:": ;r�9 f.' -il tr.-��.i.�i;t='.: :per f. ,• '. :,ii.- .� I,.-.•L,i:. i, �4i•Y, '�,-f K:•5.i�:��: �:Y•r'ti J-• �1-,�,'•� r i coxsTDTTr N coNTRACT N • E + Y sus:;", 's •..i `•r�- IJe%',_ "i,i'. - •I !.1.. .'.r,3 i-'F �n�. `''y-•. �y,l'+a"'!; y,..I '.4 �'!-: Ji.•_ :}-Y:t•+.a..��yti�{J:;�". 1.. - .r�s1'-1•^yy:���1y l'�i_•e`~.- in the 4' CITY OF HUNTINGTON BEACH °I':,+F: may'.: _ �•�;,:.:. -ark A _iq. __ :t•: _ ,ir-�.5 a: J"' a7. e1•-�:;y •,. ,��•}:y i•r • CITY OF HurJTINGTOPJ BEACH.. 1174��uP.O. BOX 711 2000 MAIN STREET HUNTINOTON BEACH, CALIFORNIA 92848 CITY TREASURER'S OFFICE BUSINESS LICENSE DIVISION BRONCO CONSTRUCTION 32332 CAMINO CAPISTRNO, #205 , S J CAPISTRANO . CA 92675 r. Dear Huntington Beach Business Owner: Thank you for your payment. Attached is your City of Huntington Beach Business License for the coming year. Please note the expiration date of your license. Approximately one month prior to this —date; you -will automatically -receive --your- renewal notice-for-the,next-•year.---For-commerclei--- . -- locations, please post license in a conspicuous place. Please notify the Business License Department if there are any changes of ownership, address, business names or types of business conducted. Additionally, please notify the city if you discontinue your business. There are many resources available to our licensed business people. We have listed a few that might be of interest and assistance to you. City of Huntington Beach Economic Development Department 714-536-5582 Huntington Beach Chamber of Commerce 714-536-8888 Huntington Beach SCORE (Service Corps of Retired Executives) 714-550-7369 Fictitious Name Information 714-834,5285 = State Board of Equalization Resale Number Information , 714-558-4054 If you have any_questions, please contact the Business License Dept, at 71 -536-5267. BUSINESS NAME ADDRESS Business LiGel115B LICENSENBR.: A207168 BRONCO CONSTRUCTION DATE ISSUED: 08/01/2001 OWNER NIGR: I DAPIRAiiON 01 TE: � � 08 2002 I �L DA LEONARD BRONGO THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON -TRANSFERABLE. RENEWAL IS DUE ON THE EXPIRATION DATE. POST IN A CONSPICUOUS PLACE FEE PAID: 154.50 TYPE CODE: KS COPIES TO: Front Desk Engineer City Clerk PROJECT CC-1170 WATER MAIN REPLACEMENT PROJECT BID DATE: SEPT. 26, 2001 @ 2PM (Engineer's Estimate: $1.6 M) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT $ 1. A. D. General Engineering $ 2. All American Asphalt $ l 2 ! J 1 1 2,0 3. BNB Engineering . 4. Bubalo Construction (Mike Bubalo)J. j II �j n 5. Bron Construction 6. Colich & Sons, L.P. 7. Conch Construction i I$ 8. Dangelo Company , 9 Elser Construction $ 1 I p 10. Engineer Plumbing (u.s. wipe) 11. Farwest Corrosion Control 1 $ 12. Herman Weissker 13. John T. Malloy, Inc. a RM T TCT CVTY CLFRK CITY OF HUNTINGTON BEACH. GA La2001 _ 07.2 SEP 2b P 2; 00 a z CL 0-i�c- j�14i1 CD N M O CV cr mCD r 0 a , ; L-- F-- a cD O_ w n U Cn N Z => � p _ n n F s r ' I .y • yry ry ll � a�itl •; a: .I ;rti.� l7lGf' � J ._4!'r- t .. ,�,..,.C,21 S (1:111c" � C rJ r ;3C�� '•.-r` arc. _fT:l1. 1(I r:3 C, f - T 14. Ken Thompson 15 Ma'ich Bros., Inc. 16. Marden Susco, Inc. $ I 17. Mitchell Pacific Construction Q� $ I 18 Mladen Buntich Construction r 1 $ 19. Pavement Recycling System $ 20. Savala Construction C21 Simich Construction 22. Steve Casada Construction 23 Valverde Construction r $ 24. Vasilf, Inc. $ 25. Vido Artokovich & Sons, Inc. $ 26 W. A. Rasic Construe#ion 27. Wefis Supply n28WilliarrbSu I Com an $ U lQ ! 1 ! D IyERM T_I.CT PROOF OF PUBLICATION STATE OF CALIFORNIA) .. ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, - County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of; September 6, 2001 September 13, 2001 September 20, 2001 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 20. 2001 at Costa Mesa, California. i // rrI �JSignature NOTICE INVITING �i that minority business ��enterprises . SEALED -BIDS : wilt, be af- for the WATER MAIN forded full opporlunity to REPLACEMENT IN submit. bids- in response THE ALLEY BETWEEN to this notice and will not, 12th AND 13th. be discriminated against STREET:,FROM - PALM. on the basis of . race,, AVENUE' TO THE AL- color, - national origin,( LEY WEST OF MAIN ancestry, sex, or religion STREET in any consideration. WATER MAIN RE- leading to the award of. l PLACEMENT IN THE contract. € ALLEY EAST OF No bid shall be con-' HUNTINGTON Sidered unless it is STREET: FROM AT-! prepared on the ap LANTA AVENUE TO proved Proposal forma CHICAGO AVENUE In conformance with the' . WATER MAIN RE- Instructions to Bidders. PLACEMENT IN 171h' The 'bid must be ac-i STREET: FROM PALM companied by a certified; AVENUE. TO UTICA check, cashier's chockl AVENUE or. -bidder's bond made WATER MAIN RE.' payable- to the AGENCY PLACEMENT IN for an amount no less( ADAMS- AVENUE:' than 10% of Ina amount. FROM 17th 'STREET' bid. The successful bid-' TO HUNTINGTON der shall -be licensed ini STREET ' accordance with: CONSTRUCTION provisions of -the Busi-, CONTRACT No. 1170 ness and Professions In the CITY OF Code and shall possess' HUNTINGTON BEACH a State Contractor's PUBLIC NOTICE IS License Class. at the HEREBY GIVEN that time of the bid opening. the CITY OF • HUNT- The successful Contra.. INGTON- BEACH, as. for and his subcon- AGENCY, invites sealed tractors will be required bids for the above stated: to possess business. and will receive licenses from the {projects bids in the office Of.. AGENCY. !such (the City Clerk, Second Pursuant to the I Floor, 2000 Main Street, amended Public Con. I Huntington Beach, Cali. ; tract Code Section 3400 fomis 92648, up to the 'Contractors are now re - :hour of 2:00 p.m. on quired to submit sill So tember 20, 2001. Bids will be substitution requests for I equal materials- or Sys- i publicly opened in the Council' tams prior to award of Chambers unless other- the contract during a pe- i wise posted. - riod specified in the bid, Copies of the Plans, documents. No, Specifications, and con• substitutlon requests i tract documents are will be considered at-i lavallable from the Offlco ter award of the con-i p of the Director of Public r Works, 2000 - 'Main tract. I Project Description: I Street, Huntington The work generally In-1 Beach, CA 9264B, upon cludes the replacement; payment of a $35.00 of approximately 8000I nonrefundable fee If lineal feet of 8-inch and picked up, or payment Of 12-inch water pipeline in, a $50.00 nonrefundable the City of Huntington fee if mailed. Beach. The - pro act Any contract entered schedule is 180 caien- . der days. The engineer's Into pursuant to this no- rice will incorporate the estimate for the work!. provisions of the State (excluding bid Labor Code. Pursuant to alternatives) is ap-: the provisions of the La- proximately S1.6 million. bor Coda of the State of . The AGENCY re -I CBlifornia. the minimum serves the right to reject; prevailing vale of per any or all bids, to waive; diem wages for each any irregularity and toj craft; classification or take all bids under type of workman needed advisement for a. lo'execute the contract maximum period of 60: shall - be those. de- dayys. termined by the director of Industrial Relations of BY . ORDER- of- the CITY COUNCIL of .the, the State of California, CITY OF HUNTINGTON, which are on file at the ! BEACH, CALIFORNIA, ORice- of the Director of This 1 Bth day of July: Public Works, 2000.2001. Main Street, Huntington i Attest: Beach. CA 92648. Connie Brockway, I The AGENCY will de- CITY.. CLERK OF THE . duct a • 10% retention CITY OF from all progress pay- HUNTINGTON BEACH, merits. The Contractor Published Huntington may substitute an Beach Independent; escrow holder surety of September 6, 13 . 20,' equal value to the reten- 2001_ 091-247'' lion in accordance with the provisions of the Cal- Ifornia - Government Code, Section 4590. The Contractor shall be beneficial owner of the _ surety and shall receive anyy interest thereon. Tha AGENCY hereby affirmatively' - ensures NOTICE INVITING SEALED BIDS for the WATER MAIN REPLACEMENT IN THE ALLEY BETWEEN 12TH AND 13T" STREET: FROM PALM AVENUE TO THE ALLEY WEST OF MAIN STREET WATER MAIN REPLACEMENT IN THE ALLEY EAST OF HUNTINGTON STREET: FROM ATLANTA AVENUE TO CHICAGO AVENUE WATER MAIN REPLACEMENT IN 17T" STREET: FROM PALM AVENUE TO UTICA AVENUE WATER MAIN REPLACEMENT IN ADAMS AVENUE: FROM 17TH STREET TO HUNTINGTON STREET CONSTRUCTION CONTRACT No. 1170 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH_. as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on September 26, 2001. 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 $ 35.00 nonrefundable fee if picked up, or payment of a $ 50.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Purstiant 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. a:�i'Fi �x.+;arr.:r lf).�`8F�1(:�f +rtr,::�� srurl.;�rran.rr:casrr_c:c A -I The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. 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. Pursuant to the amended Public Contract Code Section 3400 Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Description: The work generally includes the replacement of approximately 8000 lineal Feet of 8-inch and 12-inch water pipeline in the City of Huntington Beach. The project schedule is 180 calendar days. The engineer's estimate for the work (excluding bid alternatives) is approximately S1.6 million. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, This 18"' day of July 2001. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 CITY OF HUNTINGTON BEACH MEETING DATE: July 16, 2001 . DEPARTMENT ID NUMBER: PW 01-079 Council/Agency Meeting Held:_ Deferred/Continued to: pproved ❑ konditionally Approved ❑ Denied NH �T Cit erk'S 16ignature ouncil Meeting Date: July 16, 2001 !tl Department ID Number: PW 01-079 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION C_ i SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS I_' SUBMITTED BY: RAY SILVER, City Administrator 11 �p w PREPARED BY:"#ROBERT F. BEARDSLEY, Director of Public Works Cr SUBJECT: AUTHORIZE ADVERTISMENT FOR WATER LINE REPLACEMENT PROJECTS; CC-1170 c M C:) C--) =-<n m C7�r M. n x6 c� n Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications for the water pipeline replacements are in final preparation and, upon approval by the Director of Public Works, will be ready for bid requests. Minor street improvements are included in the project. Should the City Council grant permission for staff to advertise for competitive bids? Funding Source: Funds for the water line improvements are budgeted in the Water Fund, Water Main Replacements, 50691006.82100 in FY 00101 ($450,000) and proposed in the FY 01102 Water Fund Budget ($2 million from the Pier Fund Repayment). Funds for street improvements ($75,000) are budgeted in Measure M, Miscellaneous Streets, Account No. 21390006.82300. The engineer's estimate is $1,900,000. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to request bids for the construction of various water pipeline replacements in the City (CC-1170); and 2. Approve the attached sample contract, subject to award of the contract to the lowest responsible/responsive bidder to request bids for the construction of the Water pipeline replacements. Alternative_Action (s1: Deny the request to advertise this project, and provide staff with alternate direction. 1 1 01-079 June 18 DeBow (Water main replacement)i.doc -2- 06126/01 1:56 PM / REQUEST FOR ACTION MEETING DATE: July 16, 2001 DEPARTMENT ID NUMBER: PW 01-079 Analysis: The water pipelines in 17th St. (Palm to Utica Ave.); Adams Ave. (171h St. to Huntington St.); the alley between 121h and 13th St. (beginning at Palm St., northerly approximately 900 ft.); and the alley east of Huntington St. (from Atlanta, northerly approximately 500 ft.) are in excess of 50 years old and have a history of maintenance problems. Replacement and upgrading is warranted and budgeted. The existing 8-inch pipelines in 17th Street and Adams Avenue will be replaced with 12-inch lines. In the alleys, the 6-inch lines will be upgraded to 8-inch. These changes will result in significant hydraulic benefits to the City's water distribution network. Minor pavement improvements will be made to 17th Street in conjunction with the pipeline replacement project. By combining projects, neighborhood disruption can be kept to a minimum. Plans, specifications and other bid documents are available for review from the Public Works Engineering Division. Environmental Status: Project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301, (c). Public Works Commission Review: On May 21, 2001, the Public Works Commission approved the recommended action by unanimous vote (6-0-1), Commissioner Piechota was absent. Attachment(s): RCA Author: DeBow:jm 01-079 July 16 DeBow (Water main replacement) -$- 715/01 12:47 PM ATTACHMENT #1 CITY OF HUNTINGTON BEACH PROPOSED PIPELINE REPLACEMENT PROJECTS VICINITY MAP ADAMS AVENUE FROM 17TH ST. TO HUNTINGTON ST. 17TH STREET FROM EN PALM AVE. TO U T ICA AVE. ALLEY 8 T WN 12TH AND 13 T H ST. FROM PALM AVE. NORTH-!E"RL Y ±900 1-1. ry v d W m I� YORKTOWN J� ,I UTICA II ADAMS I'll -LEI i `T�21Q l ft INDIANAPOLIS li ATLANTA I !f I� rl Acti f N rr w mu ALLEY EAST OF HUNTINGTON ST. FROM ATLANTA NORTHERLY t500 FT. CITY OF HUNTINGTON BEACH ALLEY BETWEEN 12TH AND 13TH STREET FROM PALM NORTHERLY ±900 FT. LOCATION MAP 15zlk Ai` �o,SES, I/ CITY OF HUNTINGTON BEACH ALLEY EAST OF HUNTINGTON STREET FROM ATLANTA NORTHERLY ±500 FT. LOCATION MAP ni ',,1; I�C I � •I I II sc�� rs CITY OF HUNTfNGTON BEACH 17TH STREET FROM PALM TO UTICA AVE. LOCATION MAP r\ I CITY OF HUNTINGTON BEACH ADAMS AVE. FROM 17TH TO HUNTINGTON ST. LOCATION MAP N 7 ATTACHMENT #2 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR WATER PIPELINE REPLACEMENTS ON VARIOUS CITY STREETS TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS .7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24, NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR WATER PIPELINE REPLACEMENTS ON VARIOUS CITY STREETS THIS AGREEMENT, made and entered into this day of 2001, 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 water pipeline replacements on 171h Street (Palm To Utica); Adams Avenue (171h Street To Huntington Street); Alley between 12th and 131h Street (beginning at Palm Street northerly approximately 900 feet); alley east of Huntington Street (from Atlanta northerly approximately 500 feet 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: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, 01agree/pipe replace1615/01 SAMPLE and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition including 2001 supplement of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, 01agreelpipe replace/6/5/01 2 SAMPLE 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 (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 01agreelpipe replace1615101 3 SAMPLE within () 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 other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed -and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 01agree/pipe replace/6/5/01 4 SAMPLE When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. 01agree/pipe replace/6/5/01 5 SAMPLE 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or -items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR. shall secure at•its expense, -and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of work inglcalendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said 01agree/pipe repfacel615101 6 SAMPLE damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any -portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing -the work if, -.in its judgment, the.findings of fact thereon justify.the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 01agreelpipe replacel615101 7 SAMPLE 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) - Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as-a•result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in 01agreeipipe replace/6/5101 8 SAMPLE price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if.the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of -the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated 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 expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 01agreelpipe repfacel6/5/01 9 SAMPLE therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out. of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. Olagreelpipe replacel6/5/01 10 SAMPLE 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR -shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for --all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 01agreelpipe replace1615101 11 SAMPLE 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; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. - shall promise to provide that such policies will not be canceled or -modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 01agree/pipe repiacel615/01 12 SAMPLE 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of -creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in -which the default consists and deduct the.resulting costs from the progress payments then_or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any. part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemmenf Code sections 1090 of seq. Olagreeipipe replacel615/01 13 SAMPLE 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or.certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 01agreelpipe replace/6/5101 14 SAMPLE Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chairman/PresidentfVice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: ! � C'.itti� Ottnrna�� h! 0lagree/pipe replace1615101 15 SAMPLE RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR WATER PIPELINE REPLACEMENT PROJECTS; CC-1170 COUNCIL MEETING DATE: July 16, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION -FOR MISSING ATTACHMENTS REVIEWED. :RETURNED. FORWARDED Administrative Staff { } ( ) Assistant City Administrator (Initial) { ) ( } City Administrator (Initial) {) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM:.