Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
California Landscape, Inc - 1975-03-10
C 0 11 T]? A C T lOth day of March T1iIS AGREEI•iENT, made and entered into as of the 19 75 t by and between the CITY OF 13UT1TINGTON BEACH a municipal hereinafter referred to as THE CITY, and CALIFORN Canoga Park, CA —, hereinafter referred to as THE CONTRACTOR. W I T N E S S E T H: WHEREAS, in accordance with the provisions of Code, the City Council of the City of Huntington '3e ascertained the general prevailing rate of wages ap by this contract as more particularly set forth in a resolution of the Council of the City of Huntington Bench, a. certified copy of which resolution on file in the office of the City Clark and made a Fkart hereof and as Re,oluticn No. 3889 , entitled A -RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF SPECIFMG T11E PREVAILING RATES OF PER DIEM WAG CONTRACTS. WHEREAS, the City Council of the City of Huntington Beach, County of Orange, State of California, pursuant to statutes in etch cases made and pro- vided, duly and regularly caused a notice to be published, calling for bids .for labor, material, tools and equipment, for the landscape and irrigation limprovements on Beach Boulevard from Pacific Coast 'Aighwav to Adams Avenue, Y, requirements, and special provisions reference is hereby made, rind by sur,}i reference they are made a part of this contract as if herein set out in fall; and WHEREAS, the City Council at a regular meeting thereof and at the time and place appo!ulted therefor received the report of the results of the bids submitted by the respective bidders for the construction and completion of the above mentioned work, and after curefil consideration of all bids submitted the City Council awarded the contract therefor to the CONI MOR therein named at the prices set forth in his bid, it being the lowest and best bid received 'by the said City Council, NOW, THEREFORE, in consideration of the covenants and agreements herein contained, being done and performed by the parties her��to, it is hereby agreed as follows: I. By my signature hereunder, as Contract -or, I certify that I am aware of the provisions of Section 37M of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in acrordaTLee with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. II. Cont.-Rotor agrees to receive and accept as full compensation for furnishing all materials and for doing all the :fork contemplated and embraced in.rhis agreement, the total bid amount Contractor submitted in his Proposal which was accepted by the City Council. A copy of said proposal is attached hereto and incorporated herein by reference and made a part hereof. Contractor further agrees that said payment by City shall include all payments for all loss or damage arising out of the nature of the work aforesaid; or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by )r in consequence of the suspension or discontinuance of work and .for well and faithfully completing the work, and the whole thereof, in the mariner and according to the plans and specifica- tions, and the requirements of the Engineer under them. III. City agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to .the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to,pay the same at the time, in the manner and upon the conditions as set forth in the general requirements and'the said parties for themselvEs, their heirs, executors, administrstors, � do Hereby agree to the full performance of the covenants herein scdntained for . � and assigns,thw total contract bid'awuat of 045,863.00. IV. It, is further• expreusly agreed by and between the parties hero the'tbiiipora conflict ,fieLm�nstrum�nt,satrument and 't of this p po n this tall control and notii ng' herein" shall � be considers as an acceptance of the :;si.d ter -ins of siiid proposal conflicting herewith. i -- 2_ ti 16 Bid Bond, The Contractor further, agrees that his proposal shall be accompanied by a bidder's security in an amount equal to ten percent (10%) of his bid in accordance with California Government Code Section. 37931 et seq. VI. Performance Bond and Labor and Ma -erial Payment Bond. The Con'c_lactor agrees co furnish, Prior, to the execution, of the con- tract, bonds covering the faithful performance of this contract and the payment of all obligations arising thereunder in such form and amount as the ,City may prescribe. VII. California Fair Employment Practice Act. The Contrac- tor agrees to utilize fair employment practices in accordance with California Labor Code Section 1410 et seq. IN WITNESS WHEREOF, the City has caused its name and seal..t,o be hereunto annexed by its Mayor and City Clerk, thereto duly authlor- {zed and Contractor has set his hand hereto, the day and year in this Agreement first above written. DAM Ae CITY OF HUNTINGTON BEACH, .s-. ---- a munici I corporation � By May r ATTEST: APPROVED AS TO FORM: Cify Clerk City Attorney Contractor's Legal Firm Ntim6 (Corporation, Partnership, Co-partner- s p, Joint --venture, Individual or O O1O ) By'00� --. oslti1 ,6r Title By Position or Titl'% • By f ;,�j Position or title NOTE: Contract muse be executed by president and secretary if a corporation: bZr all partners if a pirtn=rship; or satisfactory proof' that some other signature is legally sufficient must accompany this document. i (Corporation) s STATE OF CALIFOW 1 COUNTY OrLos Angeles Gri Parch 18, 1075 _ before mr, the nndrr4, ner1, a Nolary Pub!jr, in and for paid Johnsonl h Cares R. _ Sete, personally apprare:i �.. tr ktuiv,n to me to he the• -'- ' _ Pte�idrnl, anal P. J1 �i�lQpelfi�a�L. _. known .o me w he �"'�+!' T/�_ Sceretary hf the rorix.ratinn that executed the within Instrument, knuMn U? me to Ix the persons who executed the within i1n-trurnent on brhalf of the corlsoration therein named, and Acknowledged to me that such ror;snration ewcutrd the %ithin }' iart.untrnt ,urp-uant to its by-law. ur a rem0ation ui its Immmcb o! di►ectenr• 4MMSS my hand and official seal. /+ '.1 � �••'r "...�� r ��iy �. .►� ' � 1/ rim ,tl SiRn,turC- t'fir, ... ...•-,,..w •..•••. �/ r _ ►, t ancy M:' Rock r 1'atrte' ITd at 1'rinlydl (This uta Ise taedat •rUirtat'aaU F City of Huntington B6a'ch P.O. BOX 199 CALIFORNIA 92648 ENGINEERING DEPARTM NT January 24, 1975 Subject: Addendum No. 1 - CC-227B Notice to All Bidders: Addeidurit No. 1 consists of one 24" x 36" sheet of plans (She. t 1 8 of S revised) . Special Provisio:+z. Page 26 - Delete Section 10-2.02:; Fl.00der Heads, Page 28 Add Section 10-2.11. 2 Irrigati'on Service... A-2" irrigation service s;hail be installed at Station 8 +,00 as part of this project,. Crossing of the northbound lanes of Beach'Boulevard shall be accomplished by boring in accord- ance with Cal;:fornia Department of Transportat.:cn requirements. February 5id1975n1at lOte00fArMthilouUarract remains the same, y , e.required;to acknowledge the ed6eipt of this addendum below and return a copy of the page with your bid documents. City of Hunfing'ton Be"ach P.O. BOX 180 CALIFORNIA 82848 ENGINEERING DEPARTMENT February 3, 1975 ADDENDUM NO. 2 LANDSCAPE AND IRRIGATION IMPROVEMENT ON BEACH BOULEVARD FROM PACIFIC COAST HIGHWAY TO ADAMS AVENUE. F.A.U..PROJECT NO. M6024(004) HUN7•INGTON BEACH CASH CONTRACT NO, 227B To All 13id8ers Acknowledgement of this addendum is to be included with your bid documents when submitted to the City Clerk of the city of IWitington Beach. 1. Deletion of Tufa Rock The Tufa Rock as called for on Sheet 8, detail D1 shad, be deleted from she contract and should not be considered for bidding purposes. 2. Chamaeros Humilis, Mediterranean Fan Palm are available for purchase by'the successful bidder of this,project at a price of $140.00 each from:. Hoething Treeland Nursery Company,,23475 Long Valley Road, Woodland Hills, California 91364, teli phone (213) 883-1222. Purchase of the plant material from the above nursery is_ not a `xeguir,eme6t; of this..project. and plant material which M' ee,ts the specifications will be accepted for any other source. Very truly yours, • "�i. E. i3ar e . Director of Public Works Company or I ` City of ' Huntington Beach _ Eel P.O. Box 190 Huntington Beach, California 92648 CehtleThe dtni W ned hereby, proposes to rfo�m all work for which a contract m, be Awarded hl:n ar The un � B Y P W Y rd to furnish any 4•, and all plant, labor, services, material, tools. equipment, supplies, transportation, utilities, and all other items and facilities t, nesesury therefor as provided In the Contract Documents, and to do everything required therein for the construction of landscaping and irrigation improvements, and all appurtenant work ` f � As specifically set lruth in documents entitled "IandgCa,a—=%,Llrrigation_Imp=vemer ts—r)iL— Beach Boulevard from Pacific..Coast Highway to Adams Avenue," City of Huntington '.Beach Cash,'Contract No. 227E " tugetherr with` -appurtenances thereto,; all as set forth on the drawings and in the specifications and other contract w documents; and he tuft Drupose6 and agrees that, if this Porpasal is accepted, he will contract In the form And manner stiptulate,d to perform all the work' call d far by drawings, specifications, and other sont►act documents. and to complete a(( such work in strict conformity therewith within the time limits set: forth therein, and that he will accept as full payment t therefor the prItcV set forth in the Bid Shcet(s) forming a part hereof. - A i411!!'R •waiL3trd..Nasiw 'Bid Bond property made payable to City of Nunt:ingMia' Beach , htreinittt'o- designated as the Owner, for the v� f r A sum of �9► �ur� di F // - dollars O E AjW ) which amount is not less than to percent of the total amount of this bid. Is attached f-,rstu and Is given as a guarantee that the under*IVWd wlll execute the Atreem•nt and furnish the required bonds if awarded the contract and, in case (allure to .A do so within'thellme provided, the •Sureties liability to tht Owr►er for forfeiture or the fare amount of the Bond sha(i be considered as establ(nhed. i It Is ureJerstood and agreed that: i The undr+ :. , ..: tur ., rrsignest has carefully examined all tlse'contract doeumen %which part Ilse cutrtru t: , namely, oti N cit Invitin Blds the acce ttd Pr " oral. the Bid Shots the Litt Su& --on r s."t ' g � P � O. .. ►rsluclur/, the llfd Security ("sam for check or bond, the Agreement, the, Faithful Pvformance Bond, the Payment bond, the Nun -Collusion Affidavits; the ,~ •, Certification with,reg rd to the performuxe of pnrious Contracts, the Special Prnvislotm, the Plans, the Standatd Plans, the'.Standxd Speclfieations.'of the Ulftamis Division of illj!sw{tys, dazed January 1971, and all ;ddditiunt, deletions,' modinculons, and appradltas and all addenda as prepard prlw ss On dau of bid opening; setting forth any mudificAtloos ,V irstiNprotatibns of any of told riecument& Z... The undersigned has by, invtstiSatlon at the site of the work and otherwise satisfied himself as to the nature and location of the work and has fully Informed himself as !a Al ccmditiont and matters which can In anyway affect the . work 'or the cost thereof, ).,, �,The`undersigned fully, understands the script of the work And has checkod carefully all words and figures r inserted In this. proposal and he further understands that the Owner, will In no way be responsible for any errors or omissions in tree preparation of this proposal; Delete inapplicable ward and phrase 145-7b = �P OSAL & COMRACT )sRf , '• PAGE 1 I)WM ltf,1 ') 4 4. The undersigned will execute thg'AlreemenvAnd furnish the required Performance and Payment Bonds and proof of Insurance coverage within 10 days (not includinji Sunday% and holidays) after notice to him of acceptance of his bid by the Owner; and further, that this bid aisy not be volthdrawn for a period of 45 days afterlthe date let for the opening thereof, unless otherwhe required by law. If any bidder shalt withdraw his bid withln said period, the contractor shall be liable under the provliloni of the Old Stcurity, or the Contractor and his surely shall be IlAble under the Bid Bond. as the taw May be, S. The unders)grxd hereby certifies that this proposal Is'lenulne and not sham a! collusive or nude in the Interest or In behalf of any person not herein named, and the undersigned has not directly or indirectly Induced or solicited any other bidder to put In a sham bid, or any other person, firm, at corporation to refrain from bidding; the undersigned has not In any manner sought by collusion to secure for himself an advantage cner any other bidder. 6. In conformanc4 with current statutory requirements of section 1860. et seq., of the Labor Code of the State of CaPfornia, the undersigned confirms tilt following as his certillca Ilan: I -am aware of the ' provisions of Section 3700 of the Labor Codi which require every employer to be Insured 'Against liability for workmen's compensation of to undertalL self Insurance In aCcorclance with the provisions belpre commencing the performance of the work of this contract. NOMIn compliance with the Notice Inviting Aldi and all the provisions hertinbefole stipulated; the undersigned, with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth In the attached Bid Sheet(sl upon which award of contract Is made. Dated 4�lvs-4!*`Z -5 Bidder- J By -A T I I It fildder's post-ofnre addrt%s-. .Dee r- $"a Corporstion organized under the laws of the Stitt of Namgs and Wdretset of all mtmbers of the nrm or'narnes and titles of All offlears of thic'Wroration;.-, Contractor's License No, 22 oZ Surely or wrelles: Iva d7j ce 0 AV^ AA 1-44 /Pff. 4. Thn undersigned will%-zecute the Agreement and furnitit dse required Performance and Payment Bondi and proof of,insurance coverage within 10 days (not lnc;ud:ng Sundays and holidays) after notice to him of acceptance of his bid by the Owner; and further, that this bid may not be withdrawn for a period of 45 days aftr� the date set for the opening thereof, unless otherwise required by law. If any bidder shall withdraw hit bid within said period, the cont►actoo shall br liable under the provirlons of the Bid Security. or t.)r Contractor and his.urely shall be liable under the Bid Bond, as the case may b:. 3. The underti=ned hereby ctrtifiv% that this proposal is genuine and not sham or collusive or made In the Interest or in behalf of any perso:i not herein named. and the undersigned has not directly or Indirectly Induced or solicited any other bidder to put In a sham bid, or any other person, firm, or corporation to refrain from bidding; the ur,&rsifned has not In any manntr aught by colluslrrt to wcure for him elf an advanta:e over any other bidder. 6. In conformance with current statutory mqulrements of section 1860, et seq., of the Labor Coda of the State of California, the uncitnigned confirms the following as his certification: i am aware of the provisions of Section 3700 tat the Labor Code which require every employer to be Insured against liability for, wo,km:n's compcnsatlon ar to undertake calf Insurance in accordance with the provisions before commencing the performance of the work of this contract. NOW: Its eomptitrtce with the Notice Inviting Bids and all the provision-, herelnbe(ore stipulated; the undeniAned, with full cojnitance thereof hereby proposes to psrform the entire work for the prices te: forth In the attached Bid Sh"I(s) upon which award oil contract is trade. Dated vp a 191�l. Bidder d70!'�!'i1 �••�+vC7�GA iP .rL.3'%C r� Names and addresus of all members of the firm or names and titkt of all officers o` the corpora:ion: - r fir. Till: _)F& Am Bidder's post office address: �aSpPeerls%g AleAtk,,c Corporation organized under the taws of the Stater of I-Pa1!,K0II-P1 1.4 Contractor's Lkens t No. Surety or sureties BID SHEET Prices for Constructing LANDSCAPE AND IRRIGATION IMPROVEMENTS ON BEACH BOULEVARD FROM PACIFIC COAST HIGHWAY TO ADAMS AVENUE For the City of Huntington Beach Item Quantity Unit No. Description and Unit Price Amount 1. Furnish palm trees (ChiaHumilis) 42 ea. $ .00 $ 24. C� Q 2. Irrigation sy�';.tem, complete, For the Lump Sum $ 06,00 incl>'ding valves, controls and ail. appurtenant wtoj�strd including one (1) street main shrubs'" and ground 3. Furnish sh cover; ,planting, staking, mulching'palnLs, shrubs and ground cover including all appurtenaIt items and work 4. Sixty-day maintenance of total project EJ For the Lump Sum $ 20 y ?s0 O For the Lump Sum Y ,Zt740, Op Total Bid Price $ � �, 2 I NOTE: LIST Or SUBCONTRACTORS , The bidder is required to furnish'the following InforrtlatiOn in accord.ince with the provisia•r> of Sectinns I 41 W to 41 17. inclusive of thr Governnatnt Code of the State o: CaFlfornia, NameUnder Which percent • Specific Description r Subcontractor Is License Address of Office, of Total off Licensed No. Mill, or Shop Contract Subcontract �•,.is, ►;: ., I E Do t,r,t Iht allernativv subcontractors for'the time work. . PROPOSAL & CONTRACT 1 i nt:. PAGE; 4 AGREUMEN? IH15 St;RE:LNIENI. mnile and entrreditit o Ihis day of in thr year 110 , by and between r}le _City Of, runtiil�ltc)tt. orginited and existing In the County of orange _ _ _ undt•r and by virtue of the laws of the State o; C44fornia, he,vinalter designated at the Owner, party of the fir►t part and ftereinifter designated as thr Contractor, party of the second part. WITNESSETH: That the oarties hereto have mutut"y covenanted and agreed, and by these presents do co, enant and agree Willi each other as follows. A PTICLE I The Contract Documents ronsis,'ng of the Nntice Inviting Bids, the accepted Proposal, the Bid Sheet(s), the List of Subco6,11ractlrrs, the Bid security Form t,r check or bond, the Agreement, tie Faithful Performance Bond, the Payment Nand, the hon-Collusion Affidavits, the Certification with regard to the performance of previous Contracts, the Special Provisions, Uw Plans, the Standard Plant at d the Standard Specifications of the California Division r' Highways, dated 1971, all of which are hereto attached, topdwr with all addlilont, deletions, modifications, and':Xwndices end alt addenda As prepared prior to date of bid opening selling forth any modifications or interpretations of any of Laid documents are heteby incorporated In and maths a part of the Agreement a: fully as it w forth herein. ARTIL► E 11 ror and in consideration of the payments and agreements to be made and performed by the Owner as set forth in uid Contract Documents, the Contra:tor airces with the awrwr to construct landscaping and irricration improvements, and all appurtenant work as s1vcificalty set forth in said Contract Documents entitled "Landscape and Irri i I _ _ _ _gs��_.QF1m ..__._�JCis�Q.Y-gll]pI1 on Beach Boulevard from Pacific Coast Highway to_Adams Avenue,"_Cites of, Huntington .Beach_Cash Contract No, '2278 for ahirh aw.+rd set contract was made; to furnMi At his own proper cint end expense all plant, labor, services, material, tools. rgnirurent, supplies, Iransportatlon, utilities, and all other Ilerms and facilities necessary therefur, as provided in the + Connect Documetts, ♦nd to du everything required therein. In accordance *ith the provisions of St:ction 3700 of the Labor Code, the Contractor will he required to secure the payment of compens•stion of hit employees. ARTICLE Ill f'ur furnishing all said services and m; terlah; payment of premiums on insurance policies; obtaining All perrnits and Iice"Irs of a'temporary nature; furnishing and remov;ng all plant, temporary wotk or structiites, tools. and equipment; and for doing All the work conle•.,,iplated and embraced In this agreernent; ahu for all loss and dainage arising out of the naturt of the aforesaid M'otk durin its ro seis or rior to acceptance from the action of the elements, and from any unforeseen >R p g p difficulties which may attst or be encounfered In the presscution.of work, and for all othr: risks of any desctipllon connected with IN work; also for all expemet incurred by or In consrquence of theiuipentlan or dil,continuance tit work, etcept,such as In the Bald Contract Docurnenh.a►e expressly stipulated to be borne by the Owner, and for well and , faith'tiliy completing the; work and the whok within the stipuiz♦ted time and in IN manner shown and deuribed to the said q ` hall recetve.ln full crimpensitlon thereto, the Acts set forth b him In the accepted Proposal. will pay' and the Contractor Documcnn and in aceosdanee�with the re utrernent� of the En Inter under them; the Aw`ter s r p y, p .Tht total compensation to ric;paid computed , fed an -the bash or the unite of work actually,perforrmed in accordance with the requirements of the , Cnn1►ari 00Cta(ne"ll Anil paid fordt oho o1puliled prices named in the Elid Sheet(i) for completion of the work, ► it 1547b PROPOSAL 6 CONTRACT urn t aw PAGE 7 - „- ., .... '.,r. .'. . ,SLY:• . ,\,t z i FAITHFUL PERFORMAWL HOND KNOW ALL MEN BY I HUSE PRLSf.NF` I-eIt1 Dim L AL 11�'Oliiti I L i1r J 1F T' that we, hereinafter referred to as "Contracirr," at tvrinLtpaI. And i fiL; OFI i {) ;::�`l;ili 1�r i Iti aLit��;I4 1 nvp 'jY as surety, are held and firmly bound unto he OILY r f---- in the sum o) FORTY -LIVE T110173A +D ElCifIT HUDiiiED 3T Y Y FIVE : 'D dollars, (S 1� r 65.00 _ �, lawful money of the United Stales cf /,rneriu, for the payment of which stint, %ell and truly to be made, .ere bind ourselves, jointly and severaliv, forms, by these: pres►nts. The condition of the forsguing obligation b such that, WHEREAS, said Contractor has been awarded and is about to enter Into the anrrrr<ed contract with�� City of Huntington Beach fur tonitntction of landscapinq and irrigation improvements r and all appurtenant work as specifically set forth in docurt+ents entitled "Landscape and Irrigation Improvements on Beach Boulevard from Pacific CoastHighway to Adams Avenue r" City of liUnti ngtnn..As'l r-aab Contract ljo . 227R �. and is required under the terms of the Contract to live this bond in connection with the execution of sold contract; NOW, THEREFORE, if the sold Contractor shall w•'I and truly do And perirornt all of the covenants and ubtigatiuns of taid contract on his part to bt done and perlotmed at the firms and in the manner specified furein, then thi# uhligathm shalt be null and void, otherwise It shall t+e and remain in full fotce and effect; ?� PROVIDED, chit any allerations in the wurtt to ere dune, or t;w• material lot br lurnhived, which may be made pursuant to the terms of said contract,shall not In arty way rtasave either the Contractor or the wrttty thereunder, nor #hall arty estttnslons of firm be plaited under the provisions or said contract release either the Contractor or the surely, and null-t of such alterations of extenslortt of the cmiratt is hereby waked by the turety. +3 WITNESS out hands this i r th JAY of t'1--12,c h , Sy CAJ'-,I (01111T?� L�i1'iLaC:1i'j L ilic. c (SEAT.) - ;�' -- 'ontra • i Qy Titer Anerotied: THE CAI LA rh ,'�'Y,__Y It'ST1RANQj-sr.('(2J."PI'lNY Pt..YM ENT POND ci:�i�ir.• :;zaJ.01; n KNOW ALL MEN 13Y THESE PRESENTS; t That we, G �L.IF'Gpi,Ii.. L�►II .�t, i' �. II;�:. heroinatlar referted to u "CQntrs:tor," as principal, and ',~;1'u G1I? 0 �'�::3 gill'?.' I aCl :lt;'t r';� �; G' i- Al P1 at surety, art held and firmly bound unto the Ci tHunti naton Beach in the turn of T "CU TY ►',,10 "PTiO S f U 7j �T ; n .j.j;T ,��,y •nt, r .T cGAGO--.-------.--_____________—_..__--____..___..______—____ dot:ars'(f-22 1 912 • 50 1, lawful money of the United Statat of Arrerlca, for the payment of which sum, well and truly to bo made, we bind ourseivet, and severally, firmly by thee. presents. The Condition of the above 01lgation Is such that. WHEREAS, said Contractor has been awarded ane is abfAtt to enter Into Oo .tnnancd contract with said C,Jty of HLntingtCln B..ASb____— for conetructto., of landscaping and irrigation JnRroyenr:r,tsr_ And all appurtenantwore, Jtpet� fic�j1�s� t forth tpp� d99cuman •nt��11lIr�4 "Land sca • Rd IrX Jga slam ItnpzQ=Ments on e c' ti4Ul@VaZ� Iron FaC1r2.0 Coast Highway to AAms Avenue," City of Lbun i n$tinn. Ileach Soh cr�ntract iLT a and Is required under Me terms of the Contract to give this bond in conncciton with the execution of said contract; NOW, THEREFORE, If the uld Contractor or and of hts:uacontractom falls to pay any of the pvrsont gamed in Section 3181 of the Civil Code of the State of California. or amounts due under the ilntrnploXntent Insurance Code with respect to work at labor ptrfomwd by any such persgn for or about the performance of the aforernentioned contract, uid swity will pay the same, in an amount not OAc"ding if" sum sFyeifled in this bond, and also, In use wit Is btaught upon this bond, a mssonable Atto►ney's its, to be Pxed by the twos. This bond shall lneure to, the baiwlii of any and all mrsons named in Section 3121 of the Civil Coda of His State of California to it to glve a tight of action in such portons of their auiSnc In any suit btoughl upon tl:!s Land, this bone shall be subject to anu include 41 of the provlsians of lisle iS of Part 4 of Division 3 of the Clyll Code of California refatingtu Payment bond for Public Works, Including but not cenfined to, Civil Cot# Soctions 3275•3228, inclusive, and Secllons 3141-3232, bicha%Iye. PROVIDED, that any slteratlont in the work to be done, at the materul lu ba furnithad, which may be made pursuant to the terns of said contract, shall not in any way rnkate either the Contractor of the surety thereunder, not %hall any extensions of time granted under floe provisions of ssld contract rticau elthar Vw Contractor or else surety, i and notice of such alioratlons or extensions of the contract Is hereby wtived by the surety. I r � r W..THESS our tunds this % 4h day of I'-3'_•C�1 , 10 r 5' ?` , CALIFOR11Ili, LANDz'3CnrE. INC, —49 , /07 .0 - w ont»eror. .., I Slgned: Title x,,,"'3levs 'We NON -COLLUSION AFFIDAVIT TO BE EXECLr1EDDY EACH AiyARDFE OF A PRINCIPAL CONTRACI STATE OF CALIFORNIA SS I 4 r fl CK - dga�Oil �, being first duly Iij: _ swan, deposes and says that he is (sole owner, a partner, president, secretary etc.,) � Z 4hr5G�q _Goa�'y the party ruking the (ongoing bid; that such bid Is not mrde In the Interrst of or an behalf of any undisclosed person, rartnershlp, company associallon, tupnitation, or corporatlon; that such bid Is genuine and not collusive or sham; that said bidder has not directly or Indirectly Induced or sollcited any other bidder to put In a false or share bid, and nat not directly or indirectly colluded, conspired, connlvtd, or agreed with any bidder or anyone also to put In a sham bid, nor that anyon# %hail refrain from bidding; that said bidder has not In an.t manrser, directly or indirectly, sought j1s b y a greemcnt communlcadon. or conference with anyone to tla the bid price %4 uld bidder or of any other bidder, nor to fix any overtwaid, protlt, or cost element of such bid prtcc, not of that of anl- other bidder, not to secure any advantage against the public body awarding the contract or anyon* Interested in the proposed rontrart; that all s ale"nts conlalnad in such tad err true; and, further, that Bald bldder has not directly or Indirectly. a bmitted his bid price or any breakdown thereof, nor the cwtsants thereof, nor dlvutgad Information or data relative thetato, not paid and will not pay fee In conr►redon therewith to any corporation, partnership, company, astoclation, otpriltadon, bid depository, not to any member or agent thtnaf, rar to any other individual axcept to such person ex venoms as have a partnership or other flnanclal Interest with said bidder ire his general business. Subscribed and sw to berare me this +% 'day of . /' IQ e , Sea) Notary Public CERTIFICATE etsNlKflt:lti Uk titllltalNlunt:lh CLkIifIMION Will RE6Ak11 11) 111E PLAWORMANLL UI' PKI.V111US ,iUIllLC1 IO IIIE E()UAL OPPORIUNII t' CLAUSE ►..V11?NE FII.INt; ell' 111E Icl.l)Ulltl It ItLPUK11 Me bidder V, proposed subcontractor , hereby certifies tint he ha previous contract or suhcontract subject to the equal opportunity clause, as required or 11246, and that he has V , has not , filed with the Joint Reporting Committee, the Director of the Office Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity all reports due under the appliubk filinj requiremtnts. r t. (Company)V fill{e) 4—' e —m . L, Date Note: The above certification Is required by the Equal Employmens Opportunity Rejulrtions of the Secretary of Labor (41 CFR 60.1.7(b) (1)), and must be submitted by bidders end proposed subcontractors only In connection with contracts and subcontracts which am subject to the equal opportunity clause. Contracts and subcontracts which art er,empi from the equal apportunity clause are set forth In 41 CFR 60.1.5. (Generally only contra:ts at subcontracts of 110, l00 or under are exernp'..) Currently, Standard Form 100 iEED-1) Is the only report required by the Executive Orders or their implementing regulations. Proposed primp+ contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Oteltrs and have not riled the required reports should note that 41 CFK 60-1.7(b) (1) prevents the award of «� contracts and wbcontracls unless such contractor suhntlls a report covering the delinquent mriod t-w such other period specified by. the Federal Ilighway Administration or by tha Director. Office of Fedeul Contract Compliance, US. Department of Libor. 4 .t , rixorCISAL & CONTIRAM'PAGE 13 ., '> + may{ t .:,';•, •.7i%1t .. :.', , ,r - �. t .-�•,�-�. �: a:w•.v ���.,. •.F •__-?^ ... +L :,. �.....-. - -_ .,. j-�..fri'{9+Sj! `--'�4ty'•'..?J,�.1��2 � %. ,.� -.G - �i.'<) �` - i w.cw$.�`aa+i.: it��� �lID'irri„h2 . �iiYkw.+WJ.-•�,awwi,�y.''14. 1 � .._ ._.. _ . - _ _ _ _ - ., , ;.. r `• . . _fit '_ _ - •t - AFFIDAVIT OF `.ATTORNEY -IN -FACT FOR SURETY CLIFOIINA iSTATE OF ............................................................................... ' ?T t'T Ss. `' G.� , COUNTY OF..................s.l �. L � �l k T On this....1.:� .......day of... 3.=b................................................................. 14,:.., before me personally appeared ............ ll :...Ai.•....t.i,iia.::a?...........................................................• Attostiry-ia-fact. Dino Casualty -Insurance Companyo with whom ! am personally acquainted. who bt:ing by me dt:I swc t� y rm did depose and any, that he re:iides in..... cs..��n.l.•..,es.•..... t:................t that he is the Attorney -in -fact of The Ohio Casualty Insurance Company. the corporation named in and which execut- cd the within` instrument; that ire knows the corporate seal of said corporation: that the teal affixed to w , the said instrument is such corporate seal; that it was so affixed by order of the Board of 'rectors of ,�- said corporation; and that he signed_nnd+exccuted the in ment as Attorney- in. fact f ttaid car- `� I Paratto y.abrdet?''�`'" i 5.,� ,'•t. ? J �t r / — My Co tits:iontexpiTts.,� ........... .... _ ..---a- . ..... ' .... ....1 L v Notary ?ublle r {,i, _ � r . to +40 r /1 t Girryration STATE: OF Cttl.iFORNIA Los An eles { Cl3[.I�1TY OF � _ $ _ f I March 18 1975 On }Minn n,.::» under4gnril, a Yt,tary Public in and (�Gr saiGl St]te, prrvtr:al. tV �,1 Charles R. Johnson . a^.lif•,:. )gown to me it, l>e the �t.r-A.L— 1'rr.i4lrnt, and W known to the to fir Sccrr-tary of thr cnrlx,ratG^u that r1irrutr.i tl,r ..•ith4l )rt.truttipnl• _ Lnnwn to tnr to Itr the. perxmq whu rst-cutrd the wilitin J In.trument on brbalf of the corporation tllr:rin natneti, tend �� < acknnw)rdrrd to inc ilia! RUC.}t Coil>.)f,littR es rrutrd titr within :nsttument !turtuant it) ki, by-law, or a rr.-oluti,)n of it- Shard ; of dirrelor"_ WITNE.S my )land and ttf£rial wieal. Clancy M. Ro k 1% = time (Tylxd fir Printrd) amt area for etlttlal notarial s♦ali ' 4 _ aG • t! On thin .:La...... . day of ....... Als'Ir Vla............................................................. 19-15 before me a- It!, -up a C41 ....... Aft..Y person . Y PC r 040 ... ........................................................... Attorney -in -fact. • of Ile Ohio Casualty Insurance Company, with whom I am pereonally acquainted, who L-ing by me July's worm, did dc'Pc osand tiny- that he Tesides ................. ; that he in the Attorney -in -fact of Ile Ohio. Casualty Insurance Company, :he comoratiort natned in and which execut- ed the *within Mi-etru-ment; that he known the corporate seat of said corporation! that tLe acal .19W .4 to the said instrament is such -cor�ornte,zc.% --.1 of the Board of Dirtetors of P, 1: that it was so affixed b said -Corpornl:on, and that he signed and executed the said ineiar",-nt a3 Atte ey-in-fa9t,63 A or - pore likender. �?7 ................... ........ My .. . . .. ...... ..... ........................... Varm 3-170 Notary Public. 7 "z- To 44* c STATE OF CM.1FORNIA cotwry qt:a;v vablic in arid for said Ha ell 18, 1975 On bdore me. flit- 1113der%igtird. it N pef_-Onally 0-harler- R. Johnson S! 2 1 P,' 1)1)eazrll L known ill the to ice Ili r Pirsidrnt, and Ul kni.wn to me to Im Seerriary of the vn.pwtit;i,n that rxecutrd tilt, Within instrument. knliwn II• nir to, be 111g, jWr"Ins Will, c%rcuted till! Witil4l Inpirtiment gin 1whalf of tilt- c4irtmiratiort tl.rrein nallir(l. atill "!&n.pwletlgrif to ine out -tech cipr1wiratitin execuird it within 'I it-in%trument ant to it- WITNOSS my )land and afficial seal. 'Sign e' Naacy.-M. Rock. Name, (TyPea or (This Arts for tilitial halarlsi stall FT-711 -7 M Hr!t.• <:f.4..�, •wp ,.till coritf 0• .,� ,.<... rn•►.r�rect.. ►r.�•r 14. CERTIFICATE W INSURANCE TO De arttnent of I'ublic Works n1°' MC �t �r0�w,� /!/�/ CITY OF HUNTINGTON BEACH, CALIFORNIA K��rIr�•C. Hf�, A MUNICIPAL. CORPORATION �Ctl►1fL, This is to certify that the policies of insurance as described below have been issued to the insuraO the under- signsd and are in force of this time. If these policies are cancelled or changed in such a manner illat will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Banrh, P.O. Bar 190, Huntington Beach, California 92648. Nome .,! !,rsured 1r-02U1` _LAXD.SXARE_ INC- Address of Insured 7Q5Q ilr�[�l- i n r. AVC, nZIrnr Cla u a , �nrjLT l'a,, 91.3C3.--.__ Location of Insured Operations STATE OF CALIFORNIA Description of Operations Landscaping and in: m ray. —pt& an ]Ienach 1 si, from Pacific Coast Highway to Adams Ave., City of Huntington Beach., L r ,antpar-t- No. 7" �.. MOLIC.ES IN FORCE POLICY NUN'BER DATE LIMITS OF L.IABILJTY EFFECTIVE EXPIRATION A. Workmen's Compensation 83C '801901 PA Statutor�' Employers' Liability 9-1-'74 9-1-75 B. Public Liability: r $1,000,000 combined single Bodily injury: limit per occtL"rznce . Manufacturers and Contractors (3 83. 801901 CA`, S * Each Person Comprehensive General 12 II 9 —1" 74 9— 1' 75 S _.._. * Each .accident (IncludirV products completed operations) I Prop--ty Carnage rr rr tt S e Each Accident C. AutompbHe Liability: Bodily Injury tI rr rr S * ___ F.ach Person e 5 e Each Accident Property Damage rr iI rt 5' Each Accident Does policy cover: i All owned automobiles (;{ ) Yes ( ) No _ Non -owned outomWles Yes ( ) Na Hired automobiles (;� ) 7es ( ) No G. Additional Insured Endorsement: The. insured agrees that the City of Huntington Beach City Council, and/or all City Council appointed groups, committees, rommissions,'boards and any other City Council appointed body, and/or e:ective and appointive officers. servants or employees of the City of Huntington Beach, when acting as such are additional assureds hereunder. E. Hold Harmless Agreement: The insured agrees to protect, defend, indemnify and save Earmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgements and causes of action caused by insured, his emplo�rees,,agents car any subcontractor arising- ow of or in consequence of the performance of all or any operations covered by the certificate of insurance. and such incur»•ice shall bu primary to any insurance of the city. F. Minimum Limits Required: 07 -Ora -:irk-HnGB M-60214 (00 4) J+. ro be used as a oasis of agreement for Fer3eral-aid Urban Project M-6024(004) � in the City of Huntington Beach an Beach Boulevard from Pacific Coast High - WAY to Adams Avenue. Construction Authorization DaLe : October 17, 1973 Types Landscaping Code Y003 Item Estimate Length 1.63 Miles r Item Item D29cri2tion Unit Quantity F'rice Arrount• 1 Furnish Palm Tree: Ea 42 $ 210.00 $ 8,82C.00 2 irrigation system, complete, LS 100% Including valves, controls k all appurtenant work and including 2" water service to street main 3 Furnish shrubs & ground LS 100% cover, plani'-0ing, staking, mulching pulma, sh:rubta & ground cover including all appurtenant items & work 14,300.00 14,3oo-00 20,745.00 20j745.00 4 Sixty day maintenance of LS 100% 2,000.00 2,000.00 project Subtotal Contract Items $452865.00 _7 Contingencies 2,235.00 Contract Total $48,100.00 t Construction Engineering 4,800.00' TOTAL COST $52, 900.00 SUMMARY _ Total FAU Other Cott Funds Funds Pre,, Imi.nary Engi:neeri,ng ..0- .,0_ $ -0.. Conan t it ib tion Code Y003 152,900 t37.,850 $15, 05a TOTAZ ' CO3T $52, 900 $37 , 850 $15, a5a imburd imant°*Rbtla ' 71.55% A ,' Fed4a I Partjcipatiori 100% i a- City of Huntington Beach P.O. BOX Igo CALIFORNIA 97.648 ENGINEERING DEP,ARTMINT July 21, 1975 I;onorable Mayor and City Council City of Hunt.ngton Beach Attention: David D. Rowlands City Administrator Subject: Landscaping Beach Blvd. Between Pacific Coast Hwy and Adams Ave., CC-•227B - Gentlemen: N V:A The work on the subject contract has been completed by California Landscaping for a final contract amount of $98,776.70. It is recommended that your Honorable Body accept the work and instruct the City Clerk to file the notice uf,compl`tion upon receipt of the required 10% guarantee, bond. Very truly yours, r H. E. Hartge Director of -Public Works 1, Donald 14. Kiser Acting Director of Public Works " :; H£H c DWK : DB13 : ae CITV OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION David D . Rowlands From Ii . E. Iiartge City Administrator Subject Landscaping Beach Blvd. Between Gate March 7, 1975 r.Kl_ M Pacific Coast Highway & Ad,ams Ave. A � CC�-227B ,~ � 25, recommending A letter dated February g that the City Council accept the bids and award the contract to California Landscape, Inc. for the subject project, was prepared with the`. intent that :it be on the agenda for the Council meeting of March 10. However, the City could not award the contract without the approval of Federal Aid Urban funds. We received tk`, verbal approval today for the project and written confirmation will be forthcoming. A Our specifications stipulated that the bid must be awarded within.35 days from the bid opening. The bid opening was February 5, and the 35-•day deadline is March 12. It is recom- mended that you transmit to the City Council the letter of February 25, 1975, recommending the award of the contract. It -�, should be added to the agenda as Item F-2. If the award is not made at the Council meeting of March 10, the bids must be rejected and the project be readvertised. We did receive favorable bids, and I would prefer to avoid this latter action. H, E. Hartge Director of Public Works 1 HEH: ae +1 , ,r Blvd. Adams I n ]beach ,Y CALIFORNIA 92648 wA" � 't All. 4a I Between Pacific Avf!nue; CC 227E ? i� City of Huntingto P.O. 06K 190 ENGINEERING DE11/iRrMEN February 25, 1975 Honorable Mayor ;t and,City Council City of Huntington Beach a Attention: David L. Rowlands Subject: G ,Atlemen : Landscaping Beach Coast Highway and The bids for the subject project for constructing landscape ' and:,irrigation improvements on Beach Boulevard From Pacific Coast Highway to Adams Avenue were received February 5, 1975 and found to be satisfactory. The estimate for the project was $96,153.00 and the proposals submitted are listed below in order of dollar amount. • The Environmental Review Board has granted an Exemption Declara- tion No. 73-210 for this project, the South Coast Regional Commission has approved their Permit No. P-�12-•28--74�-2457 and the City received approval from the State of California. Funds for the project will ccme from Federal Aid Urban, State Funds and City Gas Tax Funds. 1. California Landscape Inc. $45,865.00 2. TAi. County Landscape $52, 910.44 3. Imperial Landscape; $56,d'70.00 S. United Sprinkler Co.' $59, 339. 00 �. 5. Valley Crest Landscape Inc. $59,876.00 6. Carlacio Landscape Inc. $61,000.00 `7; 5-star Landscaping, Inc. $61, 390.18 8. R. 0. B4yette Co. $61,504.30 9. Turf: Hanagemen ., Inc.,,—$63, 607.00 10. Moulder Bros. $65p002.00 '11. Sharecropper ��.,�., ..� , S65, 314.00 i12. Allied Sprinkler $69,640.00 ,►3. �`Aldon's Landscape $70,535.00 14. t�uto ma+ic-Irrigation Co. $70 680.00 15.. Roy C. Barnett $76,300.00 awardTtheBcontractn�odCalifornia Landthat your scape Body accent the bias and Inc. for their low bid of $45, 865.`00. .. Ve':y truly yours, s� H. E. Kart Director of Public Iorks , Z k { HEH: X2p t j y : itn. I:L?t W UORK Quantit Unit Price Amount Price Amount Price Account Price Amount Price Amount Price Amount .N1'�' j��.,,_. i•..�n•���!' .l,�. :�{..r � 1- 11 r 1 ..�. � �. ..� . :r -\ �� \ � -�3 - ;;:, L.., -._ t- •. - .\` '-. \ \\ F` j: �.�... 1,,��(,.r' �� ,, -? at i. ',,.�.v '++pp Lo k1�,. _ `� n h ,,r, b^ o i... _ ^ r_ � :n t _.i..�r�� r � Y..��• \ \� ��` �r •. �l�'il.� � 1L ,t r,.i•>w.�'i �..�,��-, rt�/�.o {.krV - �.\ � t:r• x :`,1 ...i - �n � :To'= � k c��r v, � - ` � u q7L 'M A '� : �, _ �r ..c" IFjUj 4 w 3�'f3:£1�•I/T�T�{Vuy�,,!'Cl UE t1 1t>Tit:4�':A' k'� i'�r'sL �k.i► L\rllA"y`:+�14•*.ifL�J�71_� •!i '313� 5! ;tJY.9 ?VOW, ".r►;=tom '' 13gi_�.:2;"'Jkt :t.,_� ) �. !r.s SA►1t k � ter+ �t7►T� -I,`;.�! ��.A.thTEilA►�CE f f TOTALS -. - �.d5��45 �'� S�r:� �:�.14 $ }: }C ;t_;;;� ; ;'�'�c9y •. 55��1: " r-l3UUQ.,z r I .l Y- _ ; V l - - .� . ,: ;w.^ ... ..YT.�l.: �F•. ,, � • y- v�t- �1 �,,��. � - • ♦ w', ter'-s..rY... s./.� \i tD WAR - I. ti H _ ems ___'..- I�GII� s L�'TI _ I '- t ITZ (W [WMK FLJ l3 TSf R+11 ( �����J�l�i[l7CII4�3"�UlLdili3 QuantitylOuLt •�'t.. I Price ir_'• zq Amount c sip: � Price :DI ; Aawr mt Price CEO,* Aoount tj Sw" Pries yea' 14- Ammt CAS0119 Pries PAINT Amoxmt p=ite Amzcnt r7n Im, 1 ` sirl—Q� 1�A1't'tiEl� L S. �� � `� n �;�,� �� silly" sylSU"' i " - • '1�5C�3 --V r 1 7 t t R. d�lf Price Amount ;..;�_ _;•a mot, .•��- _. �� :.��/ -i Price Amount Puce Aawvat Price Amount - Pric• Amount Erie �moc:nt • ! TTU or tt _ r (t Fi7f�liTS AALMTI��£3;C 1f�.OP�.Ktli.�11131 uanti .i� UnLt Ek not Z. i �. 3ix — LIB1K CEti�►►CE L S • • TOTALS ';� 535.Go ti �80.C{` 't^.',:?C.�� Affidavit of PC- b1icati�an 4 State of California y County of On. ss City of 1untington Reach George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years, That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed and pub- lished In Huntington Beach, California and circulated in the said County of Orange and elsewhere and published for the dissemination of local and other news of r_, general character, and ha.; a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first Insertion of this notice; and the sald newspaper Is not devoted to the interest of, or published for the entertainment of any particular class, prolmsion, trade, calling, race or denomination, or any number thereof. The Huntington Beach New was, adjudicated a legal newspaper of general circulation by Judge G. X. Scowl In the Superior Court of Orat:;;<t County, Q01fornia August 297th, 1937 by order No, A-5931. That the I:OTIC;i" �I,VI'i'Ii�tJ !-_!j), of which the annexed is a printed copy, was published in sr.id nows- paper at least twr% 4 f !1P$_ commencing from the Q i, day of i 7 16 tr i 1 J fit, Uri r• `.- 19r.�. and ending on the clay of 19 79 both days inclusive, and an often during said period rnd times of publict*,t;nn as said paper was regularly issued, and in the regular and entire isbue of said pewspaper proper, and not in a supplement, anti said notice was published therein on the following dates, to -wit: Jr Publisher Subscribed and s%mrn to before me this I i clay of January 1st_ tll_Notary Public Orange County, California r e Notary Public -California 11 Orange County t.ty Conmiteinre Erp;rss i i Sapl.mbr►r 12, 1970 i Pus l lt4d it ur "o4 Hatch Nevis, lsn 9i' ' ''. QiTY, OlR HUNT{NGYON q�ACN T NOTICE IN17i'iNti- blDtl,, ,,, "i /or,ConttnWtt�n= �Linditsap�tend ,' ri Itstton' tmprdvcmeni' a tn piat:h si l l 1autevird From' Paeifio,Coast t,+,f':F ? Hithwey'to, "Adanti-Aventle arid,:Fr Appustenant,Watit Citl►'of,N�xsiln►'ton'6eeats,, Y; Cash contract.we A- N0TlCE' IS i NERt:tIY :GIYEIV' that sealed. bids will, Wrecaived-by'tha 'City' Clerk�of'jha Clty`off HunUnttori,death,' CallfornUo,,fa►` fdmishinst'all ,plsret.,labor; 3eiVICe4,:1, rjisUiiets,=;!Dots, equlprnenti suppli a lrancpaRetlon;.a1111tles;and, all other iris =end titic(tittea , ; 4ce3sary tharefor�;••4 pco'vldad;•;iK,the,; t:atttact bocbtpltiIt,,0, �o.�,tittructloli 0 Istid= 'scap(rt¢,anil iirittation;SEotath+r with-ati. :appurten�noe�'thergto,r,ln ctr)ct'. accord dancolwfth.,-Des,'sp�>c111catlons.and dray!- trgs an ,fito. 9! thcr,office;01.'. the Clty. clerk �f:ilea ,CItli' of; iiuptippp j 13ei6h A-2 ;DI�Tt'.'OF<:OPENING BIDS --;aids Will be! r. fv�d"al the art fice of they City Clerk of F.tlie; City a :Hunt)nQtan. t3eaclt untl! 1t1:00 A.M. on'February, S;'197b,'tat vrhtcf+_. time and place ;the bids;;witt; be, pubpe llcly, oned ; Ind read aloud;': Bids shalt be submitted' In's�alext : en�'e{opos Marked`;oxi the, outside, "Did lot land- 1 a;o snd thigntlon improvani "Itsc ,Cash A•3 Lot:ATION'of THE*ORK ,- Tire work to'be,constructed..hersunde•i is to. 'sated In:_th&'Clty,cf Huntintton Mach oBatch .Boutevud from ,Pacttic Coast tilg W. ,to'Adems'pvenuel.', <<'7; A:!"ntsCFvO,h N �v -rtir,:WORK ,Tho ' w6tVeoihprIaes tho construction. of :landscanf -Ten¢; irrigation Improvements� Dnd salt' ePpurtem.ynt , work � on,'' Boach Boulevard frDm'Pacitic Coast Highway"to. Adi rns AY tie in the -City of Huntington Beach n _Zap ..•� .� .`CO ...,; , A S' >Ft1JiA0 xOF 'NTRACT •-- -The Ovmtr tezkve�t the _tight.' after 'opmina bidi,', td'. rslectt lhy , or, all'' bids,', or'- to make; onto. to -the ,lowast''responslble biddei'•3nd, relect, all , ottw 1blds. ; A-6 CEATIFIED'CNECK`ANt7 tIONQS t" lash bid'muit be accompaniedbr.a' Tier tiflao or, taehiWs chcck.'ortiy a�corporate surety'tlond op" tvi' form furnishsd,by the dwner, u s ;uiri-My that thwI:Iddar,vtill; W,an, swab"Is mt!►*e to s hun iri s sccor• dints 1i the Itnili'-M his' Wd. promolty , `stclimiworkrsutn'sweccrrk'wnsa leruurz .ante 'And, ,.lisbiltiy';i,f1;g11�;.,exe- cute'& contrect.In, Ore, mq furnish satistactorramnds 000rmance:of • thr,'Con . p*ymant o3 clafms,±of , ilabore�n thareut+da:. Stied. de►'s bond.'shalrIn, ID, +e'rs'thanrID, peresnt bid,. ThY : elttljtll' Ire shell be•nafiesstthan4l total amount of thQ;bldl imi'contract. The payrsr' lot k>fc ihsn Sr+ `prrcan mounr •n -irse' b�du' price . iumlRtR'ot fn 'as«i+re►of�K -- -------------------- _ ---1 Ili" b tbrdane>?owit,l;th _ Cai(l4rrrti',tirb;'tbdn 1641an: 0each;h4,swf ' `:• pteirsittnt?rtdta3=at=p the.; IocelltY. 1n ; whit! _ :he;_'.3ooifttrvt �Giiftft .;:altrtrrna,�t„ss"adopter I 42-9i ra rapY', of %ivitich ' � olalea; M twe, G{tY � Cti attndt:►sstitlVeocttt'al ,� sYrrllrblf �t+e � anif fi�tti oat - ire Q arM- and d� +�'f,�ifttttul t1ral.t..: t.IVTk �i1i trr terl�rr,pltr' -and chae bid- in'fa t?ftot nloji of flits timed ,in. tv,u', tt,e .� Ftct,t t��:op�niat=o!' ucknexvI icltersod'jn. IttHr; iiulrsrin+Ath�'--� t niilSorrt oU ,lhe °City d'^Mang bd mia'Bselefti, am;�wsges�;ln. '. I' `vrMV.10,, to ° 7 'cartalrtiad'.in i�ta'rtarr ; tabor. 't Iciolu►tan . No. >hefile4"l the t.;�ftie;clty, bf ►ti! r1Wz:;tr►scN s{Y ;trMM+ I NJO13 t3O�iJ SWU onaA UOfflununu lnucrrnn . riquett. •- FedMal Ylage Rate. Determination the ;general .previiling.rate :of.prises„ as, determined.'by the,-SayrecUrV,,of:Ubor; Decision No, AR .1Gt4 era r#6Lkfed; here inafter:as i 'partiof-'the, Specilsrationsls proWdett that If there Is'Any difference fbaNcon'thea,slAtre"or Faderal'wage'rates for"any.'t;iven• cish-or, rnschenic',needed ". td execute, the Work -on this canttrict. It shill bo tstsndatory' �uAoh `the Contractor Am, any, t.Ubcontractin to psy the hlghot '�f;,ttw7rates. f A•11• CONTRACT DOCUMENTS The Contract Documents shmll consist of. the Notice, Invitlag Bids, the accepted Proposal, ,the Bld Sireells),,.ins ',List of Subcontwtors. ihE BId ; Setcurity. Fermi lor.'Check,pr.' Bond, the Agrcrment, ,the aithful ,Pcilormanco. Bond, the Psyrncnt Band,' the Non•Collusion Aflidavitst Cord- ticgtlon' with ' 'resard to I thti performance of previous. Contracts,' the, Special' Pro, visions, the, Drawings, the Standard Pli+ns and -the Standard Specificationss cif the Crlifornle Division 'of Highweyt;'.�dated lanUary 1971, together with alt,additions. Jolatlons, modifications, and ;appendices. •rd-all • addends. as propa-ed prior 'ta'. .he data of this hid 'opening, ,saltlnz 'ash any modiflcaitons or InteMrett:tlons it any of \:e') documents are hereby hice-porated in and rnadt` a t:srt of the Contract', D.acuments all "at 'vrnich are hereby nsade part of this Notice (n- viting Bids. ; i (b) Wfull sat of 1drnw1ng3 and specs• a fications Is available fav inspections with• out charce at the otfice of. the` Director,' "of Public, Works'• of t�o City of Hunting.' ton Death. ,, . i le) Completu sets cf , said contract' i documents, except for the Standard Plans any Specifications . of, the; ;Division .'o' Highways. 'which are -avafiibla at : the; i office ,of . trio, State :Hiahway Eoaineer, � ! may , bo purchas.ad'', st 5.00 ' dollars per set, and are obtainable from the 01recto: } of Public Wurfc^. of the Gty: ol. Huntington Beach, Cill(ornia. No rorund will bd made of *my charges for sets of t:onttact • documents, A-9 , ADDRESS AND MARL N G OF PRO `POSAL --'The anvdtoo@ encigl.it ' the ropo"l shall be *citedarid.eddres&ad o the etttyy:Clark, snd delivered or'iiii)snl o ,the-'101%'Cf i Huntington-%Beacfi,!CIVTc .Canter,; -.^000. �Arin' Slroot,'.�Hunlington tteA_h;;Catlfornta.:42ti/A .:ri i`:'.ii" ,r ;The envelops, shaft., be plalnly marked, in! the vppar ':'left-hand. * Corner with ;,fhe' ntms and"addrress `d.. th4)bidder aind' %hail bezir'!M%waif0-13*,n481 tot,'!�fol•` ;MWed by 41W title of ithe:'spe�lfication W'..the vcrk, and thei dale- and,.hour::of opensntt-or bids .Ths,certitied o r casnlar's chectr,!; ns4±rCi^' ceder,:•: or; bkidiei; ",ba:rid ;dais; bo'enclosed':In :lhe;same orivetopc units: *the proposa) OYy�ORQtiR` of trio, tlty; Courict)_ of the City of Huntington=8eaeh.,;o s Wisr�FotOnii+ry 19,'.>191�. `"f , r ClT.tf!CP'H1UN1lt4dT0N BMH� CALI'ORttIA,�;, � � Dy IUscis td:'; tHentwortit CitY'C1sMk v I N D E X THE GENERAL RMUIREMFNTS OF THE CITY OF HUNTINGTON BEACH CALIF�ORNIA 1. Definitions:'! ' 2. Proposal Requirements, a. Examination of Plans, Specifications, Special Pro visions and Site of Work q b. Competency of Bidders and Payment for Plans and Specifications c. Proposal Form d. Proposal GuarantyE1wx. e. Withdrawal of Proposals zl�� f. Public Opening of Proposals C^`w g. Rejection of Proposals Containing Alterations, Erasures, ' or Irregularities - h. Disqualification of Bidders 3. Award and Execution of Contract a. Award of Contract b. Return of Bidders Guaranties c. Contract Bonds d. Execution of a Cash Contract e. Execution of a Special Assessment District Contract f. Failure to Execute ,a Contract � 4. Scope of Work a. Work to be Done . b. Changes in Work for a Cash Contract Project c. Changes in Work for a Special Assessment District Contract Project 5. Control of the Work a. Authority of the Director b. Drawings and Specifications c. Working Drawings - d. 'Conformity with Plans and Allowable Deviation ` e. Coordination of. Plans and Specifications :! f. ;Interpretation of Plans and Specifications g. Inspection . h. Removal,of Defective and Unauthorised Work r> i. ` Superintendence J. Limes and Grades k." Final ins��ection i 6. ConttaI''of Materials a. .`Quality of Materials i ' b.:Trade Names 'or Equals �. c. Samples and Testa d. Defective Materials �:�r':kl'5.�1 ��$ s f a �•,� « 3 ¢t, ' r'z2 .h I N D E X- Continued 7. Legal Relations and Responsibilities a. General compliance With law b. Registration of contractors ` c, Permits and licences d. Patents e. Prevailing wage ` f, flours of labor g. Public convenience anti safety h. Accident protection 4 1. Responsibility for damage J, Public liability and property damage insurance k.� Cooperation between Contractors 1. Contractor's responsibility for work m. Non -responsibility of the City n. No personal Liability o. Property rights in materials p. Conduct of work 8. Prosecution and Progress a. Progress Schedule b. Working days c. Labor d. Subletting and assignment e. Progress of the work Lind time for completion f. Character of workmen g. Temporary suspension of work h. Time of completion arid liquidation damages i. Suspension of a Cash Contract .. District Contract j. Termination of a Special Sp: Assessment k. Right o, way 1. Preservation d cleaning m. Acceptance 9. Measurement and Payment for a Cash Contract a, Extra and force account. work .r Progress s s Payments b. pro ,, c. Final payment A:. 10. Payments for a 5pe'ial Assessment District Contract t 11. Bid Price U. Guarantee 13 Conflict with S p_cial Assessment District Law t r 1 , • Cary of Hunting to'n �^. . •: :: .. P.O. BOX 190 CALIFORNIA 9Z648 UIGINEERING DEPARTMENT _., June 14t 1974 f•�t REVISIONS AND ADDITIONS TO THE GENERAL REQUIREME14TS "i t OF THE , CITY OF HUNTINGTON BEACH { �' (Revision) 7-i PUBLIC LIABILITY AND PROPERTY DAMAGE: INSURANCE ' The policy amount required shall be: Comhi.ned Single Limit Bodily Injury and/Qr Property Damage including Products Liability: $1,'000,000 combined single limit per occurance (Addition) 'CALIFORNIA FAIR Eb1PLOYMENT PRACTICE ACT The contractor shall, utilize fair employment practices .in,accordance with California Labor Code Section 141b Et Seq. • S APPRENTICE ON PUBLIC 'kvRKO The contractor shall utilize apprentices on public .r ; works; in accordance with California Labor Code Section 1777.'5. ,. H. E. Hartge`�� Director of Public Works HEH.- DBB: e1 r.R it r7. :?r�Y. .t ,L�r r tr ♦ . '; r�.l_ - -'.2Fi r. '_1 'i, T -�:�t?f'i :: ,�r LLY .i�... .i irS ..e*4 1 .. ... �t • .. y.1 ,_ _ r r Y .. . e i2 A, C GENERAL REQUIRMENTS r� ' OFTHE CITY OF HUNTINGTON BEACH, CALIFORNIA :. t. 1. DEFINITIONS- Whenever, in these specifications or other contract documents where these specifications govern, the following terms or pronouns in place of them'{+, are used, the intent znd meaning shall be interpreted as follows: CITY: City of Huntington Beach, California. 4s.tt. STREET SUPERINTENDENT: Street c.iperintendent of the city of Huntington Beach, Ij �%jam California. DIRECTOR: Director of Public Works of the city of Huntington Beach, California. :s CITY CLERK: City Clerk of the city of Huntington Beach, California. ;,: COUNCIL: Council of the city of Huntington Beach, California. CITY ATTORNEY: City Attorney of the city of Huntington Beach, California. CONTRACT: Contract Documents consists of the Proposal, Agreement, the General Requirements of the Contract, the Plans or Drawings and Specifications. including all modificbtions thereof incorporated in the Documents before their execution. BIDDERS: Any Indivic'ual, Fir;, Co -partnership or Corporation, submitting a • proposal for the work contemplated, acting directly or through a duly author- ied'representative. -CONTRACTOR: The Person or Persons, Co -partnership or Corporation, who have entered ;into 'a contract with the City as party or parties of the second part, 7 t or his ur their legal representative. ; 'Corporation ►t}, SUBCONTRACTORS: A Person, Firm or supplying labor, materials or t equipment for work at the site of the project as an agent of the Contractor.'* PLANS: ,The official scale and full size detail drawings or exact reproductions thereof,', adopted and approved by the City, showing the location, character, dim- -' .-•.: ensions and details of the nark to be done and which arP to be considered as part 'of the Contract. SPECIFICATIONS: The instructions,.provi3ions, conditions, and detail require- r `" �ments contained herein or herewith,-pertalnin; to the methods and manner of. ' e�ork`or to the uantities and qualities of materials to be 'furnished under��the, Con trac t. Page •t, Y 4 t : WORKs All of the work of the project contemplated and called for or shown in the Contract Documents. CALLED FOR, SHOWN, INDICATED: As called for, shown and/or indicated in the Specifications or on the drawings. .D_I,,.R.._E,C_T.,..E�D: As directed by the City through its legal representative. APPROVED,.PROPEP., EgUAL, REQUIRED, SATISFACTORY, SUITABLE,NECESSARY: As con - approved, proper, equal, required, satisfactory, suitable or necessaey In the judgement of the City. INSPECTOR: Legal representative of the City. CITY ENGINEER: The City Engineer of the city of Huntington Beach. ENGINEER: The Project Engineer assigned by the Director to be to charge of the Contract work as his authorized representative. CASH CON'iRACT: A Contract for work which Will be paid for with the City general funds or other City accounting funds. A SPECIAL ASSESSMENT DISTRICT CONTRACT: A Cnal Tact for work which will be paid for under the provisions of either The Improvement Act of 191.1 as prescribed for in Division 7 of the Streets and }iighways Code or the Municipal. Improvement Act th. of 1913 as prescribed for in Division 12 of the Streets and Highways Code. 2. PROPOSAL REQUIREMENTS 2-a'. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISION'S AND SITE CF WORK The bidder shall examine careful1v the site of the work contemplated and the proposal. plans.. specifications and+ contract forms therefore. It will r" 'be assumed that the bidder has investigated And is satisfied ns to t'ne general ; and local conditions to `,e encountered. as to the character, quality and quanti- _.: ties of the work to be performed and materials to be furnished as to the character t, of Equipment and facilities needed prellmliiary to and during, the prosecution ')f the work, and as to the requirements of these specifications. r It is'mutuai ly agrged that submission of a proposal shall he considered prima,;`facie evidence that the bidder has matte such examination. No verbal agree- ment,=or conversation with any officer, agent or employee of the City either before or! after.'the execution of this contract shall effect or modify any et the 'terms or'obligations herein contained. 2--b. :.COMPETENCY- OF .BIDDERS AND PAYMEIr'T' FOR PLANS AND SPECIFICATIONS Plans. specifications And prnposal forms Will be issued only to "those Contractors who can Qualify as competent bidder;.. A charge will be required for the taking outofplans, none ,of which Will be refunded to any bidder. ' Psge 2 i'. J i l 1 1 t 2-c : PROFJSAL FORM' -All.'prop sls' muaC be made'upon blank forms to be cbtoitied from the officeaof, ttta Direceor 'of Public: Works' at '6e City Haal1, 'Huntington'Beach; << w e. The bibde'r` shehl s" .. a :,_ I - C+�Lifoxni, aubin forms 'other. then'' the one icsuii-ied to th6`bidde�hed shim. ubmit' his ro osal on 'the form furni to , sale ' *`fitted' on, r will be. disre'`.,. P P. .. E p P P. , ,.g tI . garded At1 ro osals must: ive the prices ro osed both'_n writin and � r t.1-AV r k x . ; v figures, andfmust,:be signed by. the ,bidder with his address, telephone number and r . State'; of Catifornia Contractors Licen"senumber. if ,the proposal is made::aby an fdiviiival. his name, posL office address and telephone number 'must be, shown. address and t .lephone number-,af'euch member of the firm or partnership must be sh de by a firm o r partnership_, the name, past office ��tm'. if made by A'.,f>. f , r .. >..z>, cor on hourn the s La te under the laws of which the�cortoi-atia' taaspch4artered sthe name 'of�thefcorporation, and the names, titles, po, i . and. biis"iness address and telephone number of the president, secretary and treasurer. 2.d. 'PROPOSAL GUARANTY All.bids.shall be presented under sealed cover and shall be accom- r.:. rh, a cashier's check certified check, or bidder's bond made payable parriedby :ca., .to the ;,ciky' of Huri�'ingtontd'eaid, for nd no ,b dUwillQhelconsideredat sunlesepsuchncash �• '' (1.0i) , of he rimoun of _ sa b , a , cashier's';check, or certified check, or bidder's bond is enclosed thereatith. :24:' < Wltf=Af &M' 'PROPOSALS Any bid iiwy- be withdrawn at any, time prior, to the hour fixed in the noticeof;Cuiitractors for the opening of bids, provided that a request: in writing, executed by the bidder or his duly authorised representative, for the withdrewat udice the' ri 4ht of a bidde City Clerk. The withdrawal' of a bid shall not A juch. bi I is filed with t:h re g er to file a new bid. _2-4. ,PUBLIC'OPENINWOF, PROPOSALS Proposal's`witl be opened and ''read publicly at the time and place indi= '- :, notice to Contractors. Bidders 'or the it au t:horited agents are cared in;:the cc invited - to be present. �n�. EMON OF PROPOSALS' CONTAINING ALTERATIONS ERASURES' OR iRitEC ITYES proposals'raay.be rejected if they show'Any altera ions of form, additions i bids, ernsures,-or not caLledfor, condikional or alternative bids incompletc rregu"LiAties of any kind. The right is reserved l'•o reject "any or all proposals. 2m-h. DISQUALIFICATION OF BIDDERS ': wr.r�.�rrr,r� iw.�..wr.w .•. r.r.rr.� tore th'sn'one proposal from an individual; a firm or partnership, ,- p W asaociatlon under the same of different nsInPs Nftl noa be consideredi.onReasonible -ground for beliavitig that any bidder is interested' in Page a.i �I i I f w 1 more. than' one proposal.for,the work co ted will cause the jection "of all • � bidder is inte�tenipla ,re • r'o owls in .which rested. If there is .reason for bL: teeing r . p. , _�: Grp ,such tii t'collusionpei' sts :amoit• any or all bidders, any ,or all proposals msy'0z R. re acted, Pro osals in which *the prices obviously are unbalanced may be rejected. 3. AWARD `AND EXECUTION OF CONTRACT ;4et 4 3 ' a'. ' AWARD OF CONTRACT The right is reserved to,,reject any and all propo'sats: The award, of ► �, the contract, if it be awarded, will be to the lowest responsible bidder Whose ,•, ro osal com ties with all the re u p p p q' irements prescribed. , .The award, if made, will be made within thirty-five (35) days after the opening of the proposals.`��� All bids will be compared on the basis of the City's estimate of the quantities of work to be done. 3-h. RETURN OF BIDDER'S GUARANTIES ' K thin ten, (1 O) days after the award of the contract, the city of r fr Viz' - :... Nuntin ton Beach will return the ro osal uarantces accom p g accompanying such, of the i g o proposal ; . proposal,s,Which, are not to be considered in making the award. All uther ,pro- osal ueranties will b'e held until the contract has been finally uteel after,Wh ch they will be returned to the respective bidders whose ,pro osal ' ` � � 'l they accompany. 3=c'. CONTRACT BONDS The,;Contractor shall furnish the two good and sufficient bands in accordance with, the requ t remen is of the State Contract Act, the Improvement Act of.19t1 or th p p Act of 1913, whichever Act is applicable. . check, certified check, , s.urety , bonds,' or Safd_bonds shall cashier's ' instrumecits 'of,'.credit from one or more financial institutions`; subjec't'to State or Fe. ra'l re uteri in a sum equal One f the said. bondheSEaith Y; , ulexe regulation. to '100y, of e- contract 'price to &-arantee p formance of said contract by the Contractor. 3' The, other'. bond 'shall:be executed in a sum equal to at least 50% of; the contract price .to guarantee, payment of the claims"of laborers or mechanics iaho un' ` and the claigis of persons, who furnish materials, erfoirm work under .he, contra ... . supplies, manufnctured.articl`t' es, equipment or machinery used or consumed'by the Y,.. ,; antrector in the P erformance of the contract. ' Whenever the city of Huntington Beach.has cause to believe; that any such,bond has become insufficient, a•demand in Writing may"be made �f the Contractor, for, such further or additional necessary. con- ; sideringthe extent: of the work remainint � tonbc�arlone,co►idere�i, g Thereafter no payment shall be made upon4such�controct to the Contractor or.any ass,ignee,of the shall tractor until such further or additional. bond has been furnished. Page G ,r M , . �j. ., .. ... _ . i.'fI ....,. .,l> , x .r:'•- ,, ?�,x .•._ ...,.-.,..,.....nJle. e, w,.... .. ... ,.. .. ... ... ... ... ..ti :� Ij,,�4-?tx 3-d EXECUTION 'OF 'A' CASH CONTRACT The,coi tract. shall, tie'si itu to ether 8 eturtied, r, „; y •. F �, ,, 1 ned b the succesyfu excludin Sund�� �' der,�and r "'� within ten (10) da s id ` wi y wit$ taf ternthecbidder 'has , received notice tha ' contract has be a s an awarded. No' � , ,. , , been ; �-,*• P p g p' Y ., o � � ru osnl"shall be considered bir,�lin u on, the .Cirynuntil the it oli a t t complete execution of the contract by the Contractor and the City. 3=4. EXECUTION:OF A -SPECIAL ASSESSMENT DISTRICT CONTRACT The contract shall be signed by the successful bidder in duplicate counterpart, end'; returned. together with the contract bonds, within twenty-five �k (25)".days: from the first publication of the notice of award of contract.. <The�' contractor shall 'slso'sign a set of the plans and specifications for filing with the contract.' 'No'proposal shall be binding upon the City until the contract has r been completely "executed by the Contractor and the City..:al 3-f FAILURE TO EXECUTE CONTRACT�`�' '' and file acceptable bonds as provided herein: ithin the time. s ecified for the pp re to execute a cant.rart p �w p e applicable contract category shallbe just cause for the arnulmerst of the award and the forfeiture of the proposal guaranty. 4 SCOPF OF WORM 4=a'. WORK TO ''BE 'DONE rk' to1 be doe consists of. furnishing -all labor, materials, met L . The wo, n hods end,,proces'ses- equipment, tools and machinery, except as otherwise specified,'_ whiikh a,re' necessary, and, re ui red to fabrica �c, install, or to construct and ' put. . Y 9 in comp!ete,ordcrjb use the improvements and appurtenances described and desig- riated in khe special provisions and in the contract, 4 'b - CHANCES '-IN` wORY rFOR "A CASH' CONTRACT PROJECT Direct r '"the rip such alteratioiis, 'de add 4:<<.;.,_ eor omissions fromsthe lanstand sp cifications, including the —'right, �t to `.increase ; . , .. . ;, _. t g .,, , 6 t wor'k'or to'omit�any item or portion,of`the woxk, as mayt I on the quantity of gbe deEmedny item tby the por0on. of, Dir ,. 4 t e e , y extra' work as may` be de kermi' ` neJ by,�the JireGtorrto�besrequir.Ad� forrtheipropenc�ompletion'or actor to a netts . construc- tion' of the whole. work contemplated. Any such,,ebanges .sill be set forth in 'h contract change 'order which will i ` specify; In addition to the work 'to be done in connection with the change made, adjustments 'Of contract time, ` if any, and ",the basis nf' compensation for such work. A'contract',change order,vitt not become effective until approved by the Director. ' Nev anu'-u��forseen Work 'will ` be `classed as 'extra work when such mark is not's hewn on the p!,ans ^.r set.'out in the specifications And special provisions. Pegg y r. r .r. : s t E The Contractor shall do no extra work except -'upon written order from`, the Director of Public Works. Forsuch extra work the'Contractor shall .receive i - payment as previously agreed upon n writing, or lie shall be paid by force account. • CHANCES IN WORK FOR A SPECLAL AS Si;SSMENT DISTRICT CONTRACT PROJECT � Increases and decreases in the Work shall be done in conformity with the provisions of Sections 5230 to 5236, inclusive, of Chapter 8.5 of Division 7 of the Streets and Highways Code of the State of California, with reference to a special assessment project performed under the provisions of the Improvement Act of 1911 or in .accordance with the provisions of Secticns 10350 to 10358 t.. inclusive of Chapter 4 5 of Divisi%an 12 of said Str et and Code, with p E s Highways C e, 1y, reference to a special assessment project performed under the provisions of the !'itiw Mun,I.c'ipal Improvement Act of 1913.`. The inclusion or deletion of any such work shall be at' -the bid prices if there are unit prices for such work in the bid on I} file, or otherwise at prices to be +greed upon between said Contractor and said T j;,�s<I' ' City Council. :i 5. CONTROL OF THE WORK .....: 5--a: � AUTHORITY OF ITE DIRECTOR The Director shall decide any and all questions which arise as, to the quail f ty or acceptability of materials furnished and Work performed. the manner of.perCormance and rate of progress p g o f the work, thr interpretation of the plans , .and specifirations, the acceptable completion of the contract by the Contractor, and all questions as to claims and compensation. The Director's decision shall be final and he shalt have executive authnri.ty. to enforce and make effective such decisions and orders as the Con-. tractor fails to carry out promptly. 5-b. DRAWINGS AND SPECIFICATIONS Figured dimensions of , the drawings shall govern, but work not dimen- stoned shall be as directed. Work indicated but not articular) detai or �r> specified shall be -equal to similar arts that are detailed or specified, cf, or as 4det di' ecte'd Fu11 sit details shall take recedence over scale drawings ? . � G a F1 � as t0 a � _ shape and details of construction. It is intended that scale drawings, full size details anUspecifications should agree, but should any discrepancy or apparent : P p y error occur in tans and specifications or should any ware of others affect ,:intthis : :. work,`;rthe shall notif the Director at once; if,, the Con tractor pro- Y ceeds with the work affected without Instruct -ion from the Director, he shall make good any resultant damage or defect. Any work called' -for by the drawings.and not mentioned in the speci- ficetions, or vice versa, is to be furnished as set- forth.by_both. Where root pecificelly`stated otherwise. all work and materials necessary for each unit of construction, including, special construction for any specific brand or shape of material called for. `even the only briefly mentioned or indicated. shall be : p : furnished and )Detailed fttliv completely as a and copart of the contract. : Page 6 f 1 1 .Y . 1 . _ ., , .. , , . Y,..., •.. 71 .. � ., f 1. 1 LL M errs• I�,r WI Standard drawings `of the De ar Department of Public '.forks, lists, rules =end regulations re £erred to are recognized printed -standards and shalL:'be considered _ .. as one and f ',rt or these 'specifications within the limits specified. All drawings and specifications are City property and must be, returned when' ordered. ' Addi'tio`nals-'Details. The City may furnish additional details to m ore :full explain the''work and, same shall be considered, part of the contract documents. Y, P Where the ,work i, _.' y .clearl shown, � is not detailed ar .. wn, the Conyractor . ' � ,, before'proceeding, shell apply in writing for additional details. An work done rr ti ��. by ;.the Contractor before, receipt of such details, if not in accordancewith same, shall removed and replaced or adjusted, at his own expense, Y�F x; ,be WORKING DRAWINGS a f M Working drawings or plans for any structure, item of work, or facility, not included iii the plans furnished by the Director of Public Works shall be approved by the, Director of Public Works before any work involving these plans shall be perfozmed, unless approval be waived in writing by the Director of Public Works. It is mt:.ually, agreed,, however, that approval' by the Director of the.: Cofitractor'sworking plans does not relieve the Contractor' of any, responsibility for accuracy of dimensions and details, and that the Contractor shall be res' pons- ibl.e :for agreement and conformity of his working; plans with the approved plans, and specifications. 5-d. CONFORMITY WITH PLANS .AND ALLOWABLE: DEVIATION ..'Tinished surfaces in all cases shall.conform with the,li.nes, grades, _ cross-section, and dimensions shown on the approved plans. Deviations from the approved plans; as may be required by `the exigencies of construction, will. be datermine'd in all cases by the Director and authorized in writing. ' 5�e:.. COORDINATION OF :PLANS AND` SPECIFICATIONS f These general,, req, Arements. 1 spec i f ica1iens. special `provi'sions, the, '. plans. and ,all' supplementary documents are essential parts of the contract, and al requiTement occuring .in one is as 'bindi`ng as though occuring in a11. � They are intended , to� be cooperative, to describe, and ` to provide for a complete work. ,. , Plans ` 'h'aL1. overn over's ecificstions. g p �. '= 5-E. ` .!:'INTERPRETATION' OF PLANS AIM SPECI FICATTONS Should it ©ppesr''that: the work-to'be done, or any matter relative ' r or ex lained in and tlans� yapply thesCo tractor��hallentl totheDications rector, for, such�Further�ex explanations P apply P as may be necessary, and shall conform. to stich'explanation or interpretatian as part of the contract. The, decision of the Director'shall be final. Page 7 ;- rt t�s• ',INSPECTIONe or birector ll times have,ac the' work during construction Sandtshallebe8fusnishedgent shallwith at �ever- reasonablecess to - q acidity for ascertaining full knowledge 'respecting the"progress of the Work, f COX • p, r of materials used and employed in the work. workman_hi and the character �Mita�,,,. Whenever .the Contractor varies the period during which 'work, is carried on'each day, he shall give adequate notice to the Director of Public Works, so that proper inspection may be provided. Any work done in the absence of the Director will be subject to rejection, The Inspection of t - he Work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact ' that such defective Work and unsuitable materials have been previously accepted or estimated for payment. The. Contractor shall prosecute work on any State Highway or within any railroad right of way only in the presence of any inspector representing the State bi'visioh of "Jns� ector.wil l beTsub subject too rejection. aTheaContractorshal l the makebthec'e of Highways company Y n appropriate notification according to the instruction given on the State -Encroach- ment Permit or railroad permit for all inspections, and shall pest all Bonds and Certificittons required by the permit. The permit shall be,acouired by the City, however, the Contractor may Also Le renuired to secure additional permits under his Own name, which permits shall be processed at the Contractor's expense. The Contractor shall pay for All testing and inspectines required by a State Encroachment Permit or a railroad permit. h. REMOiAL OF DEFFECTIVE AND UNAU' 5- THORIZED WORK ; of: the re: All work Which is defective in its construction or does not meet all nts of theses eci.fications shall be remedied. or removed and re laced b the Contractor in An acce table man P. Y p ner, and no compensr tion will be allowed for such correction. "4 ',; - , y g t Any worrk done be and the limits of the Lines and grades shown on the plans or established by the Director of Public Works, or Any extra work dorie without written authority, will be considered as unauthorized and will not be • .paid for.. Upon failure on the pact of the Cuntractor to comply forthwith'with any order of the Director made under•the,provisions of this article, the Director +' shall`have Authority to cause defective work to be remedied. or removed and replaced, and unauthorized"work to be removed, and to deduct the costs thereof j from any moneys due or to become due the: Contractor. 5•1. SUPERINTENDENCE Whenever the Contractor is. not present on any part of the work where the City desires to give direction. orders will be given by the Director in Page: 8 Ow Writing; and shall;be ieeeived and t a ' .I , ,• obeyed by the,Contractor s Superintendent or Foreman'i'n,charge of the particular work in reference to which orders are given. LINES' AM, CRADE5 hori- and measuremenis are given and, will :be made in a hori- All di`s tances ag tal � Lane. Grades will'be given from and referenced to the top of stakes or zon, P points, unless otherwise noted on the plans. The Contractor sh'ail give at' le' '' a in 'writin when he ;;, ',4 g least 2G hours notic g a ny pnlahoornecessary rk. l require te serices of the Plre'c'tor for,The Contractorhshallvfurnish the Director suchlfacilitiesand for making and maintaining points and :lines as he may reauire. Mf' .i,.4 ' The Contractor shall preserve: all stakes and points, set for lines,. grades, or measurements of the work in their proper places. until authorized to k �` Director. All ex enses incurred in re lacin stakes that halve them by P P g -remove them y the been out proper authority shall be paid by the Contractor, 5-k:. F.INXL 'INSPECTION Whenever the work provided for. and contemplated by the contract shall have been sati.sfactori:ly. compLeted anti the final cleaning performed. the Director will r+.ake the f inal � inspection. b. CONTROL OF MATERIALS 6- a`. gUALITY OF MATERIAL Materials sh911.be new. and of specified kind and,.nuali p ty ,,ird fully eQual to samples When samples are required. When the, quality or kind of material or artic„les shown and' i ired under the contract. is,. n L particularly spccif.led, the�.Coritractor shall'rstimate'thaC theCity will require articles, or msterials Y rating the .b�.st;of its class or or at least equal to the class or representing , ' quality of'similar articles or materials that are specified. r Meter+ais steall be furnis teed in ample: quantities and at such Clines to P ; •insure uninterruptedprogress,of the work. Same shall be stowed properly and P ' protected as ,required, : TheContractor shall be entirely responsible. for damage or loss by weathe r'or other. `cause. b-b. TRADE S OR EQUALS NAME ; is the intent af, these specifications 'to permit the con',racCor to ,Tt supply any oC thii` materials specified or offer an -equivalent. The Engineer shall 'the. :. determine whether material 'offered is eouivelent to that specified. Ade- quate time shall be allowed for the.Engineer to make this determination, �henevEr aray particular materlal.,,process. or evuipment is indicated by pate►it, pcopcieatary or braud name. or by name of manufacturer, such wording is use for','the p� pose''of fAcili -atirg :ts description and shall be deemed 'to + Page 9 t i be>;folloWed by .the words or equal. A listing of materials is not intended to be �comf prehensive, :or in` order. of preference. The contractor may offer any material, process, :or equipment which he considers to be eduf.valent to that indicated. Unl'ess'otherwise'authorized by the Engineer the substantiation of offers must be submitted within 35' `days after award of contract. The contractor shall at his expense. furnish data concerning items offered b htim as a y .quivalent t o those specified. tie shall t a` a the material tested' as required by the Engineer to determine thAt the quality. strength, P Y C h sical, chemicel, or other characteristics, including durability, finish, effi- , �.. cilency, dimensions, service, and suitabO ity are such that the Item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results _.shall be reported promptly to the Engineer, who will. ,evaluate ;the results f the substitute item is a uivalent. His findings shall be final. Installationednd use of a substitute itemgshall not he made until approved bSh? i PP y } $-he Engineer. If a substitute offered by the contractor is found to be not equal to the specified material, the contractor shall furnish and install the specified ``-- ma`terial. . ''The specified contract, completlon time shall not be affected by any circumstance developing from the provisions of this subsection. r 6-c. SAMPLES AND TESTS At the option of the Director, the source of supply or" each of the s' materiel"shall be 'approved by the Director before delivery is started and before such material Is used in the wcrk. Upon' request of the Director of Public Works, reyecrfseat ntive preliminary material sample's of the character and quality res- bebe submitted, by the Contractor, piroducer or manufac0j�rer of all mater'ials; to be used in the Work, for such testing oT examination oetmed neces- nary by the Airecto'r' of Public Works. All; tests of rra'te'Hats furnished by the Contractor shall be made in Rccordance with'cotnmonly recognized standards of national organization. and such` special methods rind :tests as are prescribed in these specifications.'' f The Contractor shell furnish at no cost to the. City, such samples off Materials'as, cre requested by the Director of Public Works. No material shall . PP S be used until it has .been approved h � the Director of Public Works. Materials requiring test shall. be delivered in ample time before ` intended use, to allow. for- testing and none may be used before receipt of approval. All approvals or decisions will be rendered in -rri Ling. , Samples that are of ' ' velue after testing sisal l remain the property of the Contractor. 6-d. DEYECTIVE MATERIALS All materials not conforming to the requirements ,of 'these. specs f lcations shall be considered as de'fentive, and all such materials, whether in Oface or Page 10 no shall be rejected, h t 1 be r' o f the work .�. Y the site :. unless:o•thervise permitted by the DirectorofPublic Works. No rejected material, _ ' the' defects of, which have been 'subsequently corrected, shell be used unt`i1 approved in wriiing by the Director of Public Works. f .' Upon failure on the part of the Contractor to comply with 'any order of the Director of Public Works made under the provisions of this article, the w. Di'icctor of Public Works shall have authority to remove and replace defective materiel and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. ?. LEGAL RELATIONS AND RESPONSIBILITIES a, 7-'a. GENERAL COMPLIANCE WITH LAW;; The Contractor shalt keep informed and observe, and comply with, and:�`� cause all of his agents and employees to observe and comply with. all prevailing Federal, State end Municipal Laws; Ordinances, Rules and Regulations which in any wayaffect the conduct of the work of this contract. If any conflict arises _.-.:.;. between provisions of; the plans and specifications and any such law above referred '',.,..hen the Contractor's tor'shalt notify the City at once in writing. The, Contractor to; t shall'prutect- and indemnify the City or any of its officers, agents, and employees against any c1aYm or liability arising from or based on the violation'of any such law, ordinance, rule or regulation, whether by himself or his agents employees. 7'-b. REGISTRATION OF CONTRACTORS 9 efore,submitting bids, Contractors shall be licensed in accordance with the'pcovisions of Article l to 9 inclusive of Chapter 9, Division 3 of the Bust ness and Professions Code of the State of California and Amendments thereof, providing for the, registration of Contractors, and defining the term Contractor; Providing g engage business of contracting rovidin a method of obtaining licenses to en a e in the and fixing the fees' for such Licenses; and prescribing the punishment for viola- tion of provisions"the're'of, as, amended. r; 7-c. PERMITS -AND LICENSES The Contractor shall procure all,.,,permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due.an4 lawful '. prosecution and completion :of' the work. p 7-d. PATEiT5 :The Contractor shall assume all liability arising frrm'the use of patented materials, eq►ipment. devices, or processes used on or incorporated in the work. Page 11 1 ++•" } tit 7-e. PREVAILIM WACE ;F The ,Contractor, shall for#eit as penalty twenty five ($25.00) for each laborer, workman or mechanic,em 10 ed fo each calendar day or partian,thereof. paid less than the general 'prevail ing rate � such Taborer Workman: or.mechunic is air , a , wages, sti ulated for an, work done b% him. or b any subcont g P_.f Y sac for under t:im in �Y od 'Violation a the,provi�ions of, the Labor Code, particularly Se tion 1 o Yxr 1781 thereof, both inclusive, providing for the payment of not less than the'` ., general prevailing rate of wages for legal holiday and overtime work on public g g } , I work, providing for the ascertainment of such ;general prevailing rate by the �;;:�. I ublic bod awardin the contract, providing for the keeping of records of the P. Y. g P K P g .j �.. wages paid all workers engaged in public work and the inspection of such records "{> f by the proper officials, providing for forfeiture for each calendar day. ora�� �"3{ Portion thereof, an worker is aid less than the ,aid rate and for a stipulation P � Y p p to this effect in the contract, and 'providing other penalties for violation of the provisions. 7-f. HOURS OF LABOR The.Contractor shall forfeit, as penalty, twenty-five ($25.00) for + each -laborer, workman, or;mechanic employed In the execution of the contract by _ b nn subcontractor under him for each calendar da• durin which said Y:.. Y } , d P laborer Workman or rnanchanic is re,auired or ermined to labor more than eight t g (8j hours in violation of the provisions of the Labor Code, particularly Se -.Lion 1810. 181'6,.thereof, both incAusive, relating to the hours of labor on public works, by requiring contractors to file with the awarding body a verified report as,to the nature of any extraordinary emergency 4hen their employees arc permitted to Work over eight (8) hours per day, together with the names of the said ,employ- ees,. and the, hours worked per day making failure, to file said report within thirty'(30) days prima facie proof that no extraordinary emergency existed. alsu making`i't a, misdemeanor for,any Contractor or subcontractor on public work, or agent thereof,, to feiI to keep an accurate r6cord showing the. name of and'the actual hours worked by each Workman employed by him in connection with public work. 7-g. PUBLIC CONVE14TENCE AND SAFETY ' ' duct his operations as to cause the least. The Cant cac for shall so con possible 'obstructi:on and inconvenience to public traffic. � Residentsalong the road, street. or other alignment of Improvements shall be provided coravenlNne accee'ss to d ri.veways, houses, and buildings along the road or street, and` temporary crossings shall be provided and maintained In p ► than one cross street or inteirsectin street or road ` shall be'iclased a toany�onectime without the approval of the Dlrect'or o F Publ is Works The Can tractor,shall furnish, erect, and tnaintin such fences, barriers, i lights, and signs as are necessary to give adequate warning to the public at all times that 'the road �r street is under, construction and ofanydangerous condi- { Lima `to be encountered as a result thereof, and he shall also erect and maintain ` such warning and directional signs as me be furnished b the City. r3 '' ig Y }' Y ' Page 12 w W' 1- r : ace In, or about Strict rohibition a ainst coctmittin sn nuisance ,the work must be, meintained.; Conveniences shall provided ravided for employees and ma in- �'• to fined in sanitary conditions. 4` . 7-h. ACCIDENT PREVENTION Precaution shall be exercised at all times for the protectLon of persons (Lncludinrg employe,es) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other'haxards`shall be guarded or eliminated in accordance,vith the safety pro- {` � visions of the California Industrial Accident Commission, and the "Manual of -I ' Accident Prevention in Construction", published by the Associated General Contractors of America, to the extent that such provisions are not in contraven- •..a;R;° tion of applicable law. y 7-L. RESPONSIBILITY FOR DAMAGE 1�.. The: city of Huntington Beach. the City Council, appointed or elected officials, commissions, boards. any City employee or servant shall not be Liable for any loss or damage to the work performed pursuant to the contract or any part thereof,, or for any material or cauipment used in performing the work, or for rnjiry or, damage to any person or persons. either workmen or the public. - or for damage, to property adjoining, the property on which the work is being performed from any causes whatsoever during the progress of the work or at any time before final acceptance by the City. The Contractor shall indemnify and save harmless the city of Huntington Beach, the_City Council, appointed or elected officials. commissions, boards, City i employees or.servants from any suits, claims. or actions brought by any person or. -persons for or,on account of any injuries or damages sustained because of or j arising out.of;the performance of the work contemplated or in consequence:,thereof. The City ,Council, may' re tain so much of the money _due the Contractor as shAl 1 be considered necessary for payment of the -claims and attorney's fees until disposi- tion has, been made of suc}t= sUits or claims for damages. 7-J.. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ,•.�,; • The Contrnc � y fe for shall furnish to the Cit • and maintain during th�e� 1 i A' of, the contract a ptucec Live, liability policy in which the City, Is named as' an # ;; addItIonalhpolicy ti holdharmless the City, its � •: officersandnernplo.eswhileg actinwirhinrthenduti P.. YeR. es, against .'. all claims arising out. of or in connection -with the work to he performed. The ' policy shall provide for not less than the following amounts: ` podily Injury $250.000 each person $500,000 Each accident Property Damage $1100400 each accident Stich policy shall. provide coverage at least as Lroad as ,that provided In the Standare Form approved by the National Bureau of Cas6alty Underwf C'ers together'`with such endorsements as are reouired to cover the risks Involved. Page 13 , i {!! .,., 1 ti.1:�:� ,�i W '., 1J i.I(�/+ �,. ..,l Y! �'.i�'• llfl 1. y. . t ,i 1 t 1 ,The Contractor alA&forP oeconditioned As to rover the Performhnce o'f"Extra Work", should such becomenecessary. • h 11 b the commencement of work unde. the contract, evidence of Prior to hd iddb willrbe�accepted. 13 e 'tnrads a on a orm prow a y, t e C ty, an no other form dition,.,the Contractor shall furnish evidence of a y„ commitmy e insurance company to notify the City of the expiration o rent.. b the, K cencellatiors' of any of the insurance policies required hereunder nut less than .� 30 do s before an chap a in coverage, expiration or cancellation is effective. Y ... y g ,y The cost of this insurance shall be included in the prices bid for thu various items of work k and no additional compensation will he made therefor, •-� 7-k. COOPERATIONBETWEEN 'CONTRACTORS. Where two or more contractors are employed on related or adjacent work,; each shall co.iduct his operations in such p h a manner as not to cause any unnecessary _ ,delay,or hindrance to the other. Each contractor shall be responsible to the other for all%dama a to work the person or property, or for loss caused b� 8 � P P p Y� ) 1%�_.a• failure to finish the work within the time spec'ted for completion. �- 7-1: CONTRACTOR'S RESPONSIBIUM FOR S,'ORiC • Until ;.the formal''acGep'tance of the work by the City, the Contractor , shall have g 11 bear the risk of char a and care thereof and shall -bear ' - in jury or i ,the, dbmage .:•to,.any pain ofthron any other e work b the action of the elements or f. cause, wnether a`R ri'sin from the execution or from thenon-execution of the work. The•Con'tractor shall rebuild, repair, restoro and •.hake good all injuries or da ma Res to 'an portion, of the' w by any of the above causes before ,and fts.com et on acce lance a�dkshalLSbened p p ar the expense thereof. except 'for `such f r ,;,,... i!ijuries or.damager. as are occasioned by acts of the Federal Cove rnment. and/or p eneruy. In case 'of ,suspension of work from any, cause whatever, the. Con- ublic ' tractor shal'1'b'e responsible for all materials and sha11 properly store them if , necessnr end shall provide suitable drains a and erect'tem ors structures. Y• g temporary where 'necessary. f rr " 7-4. 'NON -RESPONSIBILITY` OF THE CITY i The' City shell not .be'responsible for damage or foss from any cause to p , the work or 'sit�:,'or;�other roPcrt or for injury or loss of Fife to persons employed or, to the public. The Contractor shall rake out. and ''pay, for all acci- , compensation and fire insurance necessary. accorr�inR to law and' assume all k and res onui.bi st de� � Lit .. n • ri ••, p y until the work is finally accHpled by'the City, 8l1 as ,..risk.; P?eittet'ter Sp ec Indebtedness or and the City any here ection with this' work must; incurred for an cause in cone be paid by the Contract y hereby relieved at. all times f ro�i any r' indebtedness or claim other Than p y f a mints under terms o. the c'ontracr. ; 70n ' .!NO ,PERSONAL LTABiLII*Y Neither the, City Cot:ncil.` Fhe Director of Public WGrks nor any other Pa P,e 14 L POI lfficer or authorized assistant or agent shall be personally responsible for any 0 iabilIty arising under the contract. /-0. PROPERTY FIGHTS IN MATERIALS `Nothing in the contract shall be construed AS. vesting in the contractor any. right .of property in the rratkrials use dI'after they have been attached or affixed to the work or the soil. All such naterials shall become the property of the City upon being attached or affixed. 7=p CONDUCT OF WORF The Contractor shall observe that the City reserves the right to do other work in connection with the project, by contract or otherwise, and he shall et all times conduct this work so as to impose no hardship on the City or ' others engaged in the work. He shall adjust, correct and coordinate his Work with the work of others so that no discrepancies shall result in the whole work. Contractor shall provide. at his o,.m risk, all tools, machinery, scaffolding,f else work, forms and renters for the execution of the wank. Equip- r.,ent shall be adequate and as approved. The Contractor shall obtain all necessary arid_layaut and supervise the construction for correctness of which he shall be responsible.,, , trade join. or is on other work, there shall be t.Where work of one no discrepancy when same is completed. in engaging 'work with other materials, marring or dairaging same will riot ba permitted. Should improper work or any trade be covered by another which results in damage or defects, the whole work affected shall be made good without expense to the City. 8., PROSECUTION AND PROGRESS 8-a. PROGRESS :SCIIEDULE When, In tlze, judgement of the Ci: ty. It becomes necessary to accelerate th e work,. the Contractor, when ordered, shall cease work at any particular point and•cancent.ate his forces at such other point or points.as directed; and execute such; portions of his work as may be required to enable others to hasten arad properly; engage and carry 'on their work. 8 b . WORK I WG DAYS Evercalendar day except y. y 'p Saturdays, Sundays and L.egaL holidays is cou.ited ".'full. :�!orking day in figuring the working day3 allowed under. the ;contract. No work amay ''be' perforraed on Sundays and holidays, except as otherwise provided 8-c. LABOR The Contractor:rhs'll observe si:riclyl[het each and evcry kind of work performed, b• workmen, laborers, or mechanics especially skilled in the shall bey class of wort: required and that workmanship shall be of the hest regardless of the 'qual i tv of reat•rrial. Page 15 the Contractor shell provide, at all times, sufficient competent labor tp',properly carry on the work and to insure completion of each part in accordance with schedule and with the time agreed to. � tructioniand tomretresent thenten3ent to direct the Th'e Contractor shall work' constantly during cons p Contractor at all times 'in connection With the contract. 8=a' SUSLETTING.A`4D ASSIGNMENT The Contractor sha'L'I'gtve his personal attention to the fulfillment of the contract and shall keep the work under his control. The specifications ire in "Sections" divided and arranged according to various trades. No obligation is Inferred to sublet the work as divided, nor is the Contractor relieved of fully performing and completing any part of the work. • Subcontractors will,not be recognized as such, and all persons engaged end.he will be held res onsibll`be considered as employees of the Contractor, in the work of construction 'will p e for their work, which shall be subject to the provisions of the contract and specifications. The -Contractor submitting a bid for the work.,covered by these: General itequi"rements and Speeiel Provisions, shall perform. with his own labor forces or organization',,work of a.value amounting,to not less than 50 percent of the remainde r obtained by subtracting from the total original contract value the sum of any Itea:s that may be designaLed as specialty ite:as in the special pro- visions. of the • proposal, . set forth the name work the loca- ton ace of business of each subcontractor who willperform contractor shall in hisame and drk or p lahor,or render service to the contractor in or about the construction of the .' contrackorps total`bld. and steal to excess of one half of one percent of the work or Irn rovement.in an amount • - 1 set forth the description of the portion of the - soTk which 'wi l 1' be done, by each subcontractor. 'ine.contrac'to,r agrees that he is fully qualified to perform the balance ali'work which is iiot "setforth to be performed by subcontractors, and that t he the cit - co' iesuch balance of i�ork. The contractor further agrees to fern shall erform s ish y, p of all subcontractors bonds and insurance certificates which have been required,- by the contractor. Where a portion of the work sublet by the'Cortrattor is not being prosecuted jtia manner"satisfactory to the Director of Public Works, the subcon- tracto'r`shahl.be, removed- immediately on the request of `the Director of Public Works and.shall''not again be employed on the work. Assi'gnment'of the obligations and/or duties of the Contractor In the whole or any 'part of the contract shall be made only upon the consent and approval of 'the City Council of a wri'ttea request by 'the, Contractor. Page 16 • f tl; I • t 8-e. PROGRESS OF THE WORK AND TIME FOR COMPLETION a, ac for shall be inwithin Th`e, Cont ` v , $ Wort. Sri thin ten (10) days of ter. receiving . �. ' notice then the co' as been approved and shall nteforehthe .. , diligently prosecute the same to co l�etion. mp 1 befv expiration of the time specified in the proposal. ?i specifications, and/or contract.; ,WORKMEN 8-f. CHARACTER OF • t; If an y p y subcontractor or person employed b .. or the Contractor shalt"fail refuse to y appear t to the Director of be Incompetent or p y or . improper manner, he shall be discharged immediately upon request of the Director of Public Works, and such person shall not again be employed on the work. R, 8-5.. TEMPORARY SUSPENSION OF WORK !N ,,;,The Director of Public Works shall have the authority to suspend the Work Wholly, or :n part, for such period as he may deem necessary, due to unsult- able weather, or to such other conditions as are considered unfavorable for the su'itabl.e_prosecution of the work. or for such time as he may deem necessary, due to, the failure on the park of the Contractor to carry, out orders give, or to perform any provisions of the work. The Contractor shall immediately obey such order of the Director of Public Works and shall not resume the work until ordered to' , do so in Writing by the Director of Public Varks. 8-h. TIME OF COMPLETION AND LIQUIDATED DAMAGES It is agreed by the parties to the contract that in case all work called for under the contract is not completed before or upon the expiration of the time limit as set forth in these specifications, damage- will be sustained by the City of liuntington'Beach and that it is and will be impracticpble to determine. the actual damage which the City will sustain in the event of 'and by rA,sson of such delay; and it is therefore agreed that the'Contractor will pay to the city of untington Beach the sum of one -hundred dollars ($100.00), per day fb,r escti and every day's delay beyond,''the time prescribed to complete the wo,rk. or ariy approved extension thereof. and the Contractor agrees to pay such linui'dated dacnagvs as herein provided and in case the same are not paid. egrees that the city, of g y t thereof from any money due or that may Huntin ton Basch may deduct the amours become due the Contractor under the contract. Tt is further agree*!" that 'in case thework called for under..lthe, con - 'tract,' is not finished: and completed in all parts and requirements; within the t for extend the time for conple- time specified the' Director shall have the. r fight If the Directd�r-extends the time .iid~ti rthe completion of the contract, the; C.1 y, , 8� g , iTs, t shall :further have `the' f t to charge to the Contractor his he assigns or'sureties, and to deduct from the final payment for the work,;*all or any part, as it may`deem proper, of the actual cost of engineering, inspection,' supeirint'enden,ce. and other overhead expenses Which are directly chargeable to the contract,`and which accrue during the period of such extension, except that the cost of ;final surveys and preparation of final estimate shall not be included in such. r.hairges.' Page 17 .t. n". LZ 'idated damages.,, nor the 0 e-,a q` The'. Cofitrac. 66ir n' t b assessed with 1 u eng in . eering-.Andjnsp66t16n' during any de")'.ay, in the comOletibn-,W the work coat of -'caused by acts, of G 6d or � i�t,public r', enemy, acts ts of the City� fire, '-' f 166ds' i".. �iir:and.unu ally s q quarantine I. str kes Ere igii�"embargoes ep' Idemic U it ne.�,rest.tt6fii i su, severe-i,wea-thir or 'delays 01 su con tra6 66rs due to such"iIauses; prov ded, "that (1b) days' io'm' the beginning of any such de ay c e causes`of elay. !16 k 'he D'irec. tor . oE Publi Works in writing of 6, f d The D rtc r_.of Public Works shall ascertain the fact's and the extent of delay, and his fLndings of the facts thereon shall be final and conclusive. i --H CONTRACT SUSPENSION OF -ACAS if, ft� t any tim•e In'the opinto'n of the City Council the Con'tfa6tor has failed ': to. s' dequAte work n or -mate supply i Y afi,:i, working force' rial of proper,quality. or has' failed, in,any!-other''.respect to prosecute the work with the dilige'nce and ro r I ce ipec . if ied and. I int6nded'by the terins� of the contract. not . ice the"Teof in writing.will be -served upon him, and should he neg'le'et or ref'us'e to provide means for a I satisfactory, .. 'compliance 'kith the contract, as directed by the Director of s Public Worki, 'within the time specified 'in 'such notice. t e City ty Co6ficil, 'hall 4a've.'the power to suspend the operation of, the contract., ppon receiving` notice , 0 such suspension, the an- r f o rma n' C 'tractors all discont nue performance of'sald,work, t' n'cil may designate. ucn.p&r s.Upon such,�ui or.s of I t a's the City o6,suspension,. tI ' " j� e Cc actorfs controlshall terminate and ihe're h sh"4 e a upon the City Council or its 6'Vy -aiuthlori'zed r''e'p'r,e'sentat"ive may,. take possess on of , all or an part of the 6ont'racto_rls material's tools,equipment and aplia`nc'e's upon the' 'premises, and use the -same for the- 7 purpose of c.C)m'p'i'e'tio'n ''of said contract, and * hire such 6ch labor andbuy or.rent such .addi tional machinery,, too19. appliances. and enui pment,, at :., . the C6ntractO'V'3 expense ense as may be necessary for, the proper conduct ct of'the work and .for,,the compLetl6n, thereor, or: may employ ottle'r'. parties to carry,the contract co6ple'tio'n'. 'or�..emp he toy, t, n��'e'ce s i iry wor,kne'n', substitute mach nery..'or, materiels;and purchase he ma eri 6 T n t a c ntra�%ted for by Corit actor i' such` man- 'ner,,as'.. the'. City 'Co�ncil"m"iy 'deem' "pro' the : City Coufic 11 " may annul and cancel per,:. or the .h:cointria7, c..tti'easn", d:.,."-'rr," oe`m l,,t_,i.*,'at..h"le.I., 'w"otr, , k - 'or or ,any iany-;i-�part rt thereof. 'Any ,excess of 'c6rst arising, and surver &rd :a�ove.the contract ,price_ vii 1, 'be.Icharged agiinst theCon tract ortherom,oet es, wh'o'-will be lia61i- tNeiefor. In the event of ouch suspension, almonvYd6� .the' Contractor retaified.un��rihe terms 'act s aIt b61orfeptia.,to.the,Citft.but s6chf�_feiure will nct-releaseitheoContract6r, and'ltis. ieifwIIilecredLted1,lhureto f61fill thi 6an�tractThe Contractororhissure 'the amount of -money so foirfeltedjbward an f d xcess, ..cost o completion of the work over an a ove the contract -Or price r suip'ens)on of the contract and :th' art. ingj •omthe, of,thi operations c, an e '.completion of the'�wark..by the,,Clt b��e 'p ed, ai'd 'the Co ei cti r will be 00'd'anY V as a ro n n re o L sup p us rcmiin n'g after all jus c. a ms for 3uch completion ha�,e been' paid. In'.., the Aeterminitfon'-`6f 'the. auet tion whether there has been any such lan�e w A, e cantract�as to warrant the suspens.on or annulment thereof, ton-cpaipi h decisloin of the City Council is 'ftn*11'l and sha''I't be binding on all parties to the contract, Page 18 Vr 'a'' .•�� a . , PM -8-j. TERMINATION OF A'SPECIAL'ASSESSMENT DISTRICT CONTRACT Failure_to prosecute work diligently is ground for Contric,tor's control over the work and taking over the work henCltonoffduee . 8 Y Y process 1 of law. Np_I 8-k. RIGHT OF WAY,; The right a for the work to be constructed will be rovided b Y P Y .� I the City., The Contractor shall make his own arrangements, and pay all expenses for additional area required b him outside of the limits of right of way. g Y g Y �•�� 8-1. PRESERVATION AND CLEANING properly preserve and clean the w'o-r,k as it pro- The'Cont,actor sh resses. At re ular intervals, ' g g or when directed, rubbish shall be collected andc.: d, .and it cod mpletion the whole work shall be cleaned and all tools, false a rubbish shall be removed from the site all being left i work, equipment an g n o'rk', clean and proper condition as directed. 8-m. ACCEPTANCE S ioouid it become necessary, due to developed condition, to occupy any p the work before contract is fully nompleted, such occupancy shall not cons titute cep Lance. 9. MEASUREMENT AND PAYMENT FOR A CASH CO NTRACT ' 9' a. ..EXTRA 'A.ND•:FORCE ACCOUNT WORK when' p , 4 Extra'work as hereinbefore defined. d� atl der a,written work order in accordance withtheterms the'rein be, -paid 'for under provided.' Payment, for extra Work Will be made,at the unit price or lump'sum previously'agreedupon by the Contractor and the Director of Public Works; or by force account. . �' ' e work `is done oil 'force � ace . , , .r - If ,th ount the Contrcctor shall receive the , ; 1: actual cast of.; all'inaterials furnished by him as shown, by his paid vouchcers, plus fifteen per cent. (157.), ;-and for' all labor and a ui men Q, p t necessary he shall; receive ` the current rices,in the locality,, which shall have been previously determined p and agreed to in writing-.y,the Director of YubLic Works and Contractor., plus ,. Fifteen per, cent (15Z);, provid_ed however, � that the City, ....., , y reserves, the right to ,• furnish such Mterisls re uir eems ex diia `the Contractor shall f .ave no cl"aim or, profit. on the' costas ofa uch ifaterials. h e'price paid for labor s'hail include any compensation 'Ins urance'paid:by the Contractor. Ail extra work and force account shall be recorded daily upon.reporr sheets; prepared by the., Director of Put�lic, Works end to the Contractor .furnished end signed, byIboth, parties, which daily reports shall thereafter be considered the true 'recor& of extra work or force account work done. Page 19 `f „per oak ~ 9=b. PROGRESS PAYMENTS The Cit shall i y In'each month, cause -an estimate inrri�ing'':o be .made, by . he Director of. Public Works' of the total amount of work done and the and . not u aicce { table ;' aero£l.thf furnished i shed and delivered by." the Contractor to the job site p. e • The, city of f•," of such estimate and the value thereof. y Huntington Beach shall retain money in the amount of ten per cent (107.) of such estimated value of th work done„and if y pe per., cent (507.) of he vat a of the >nater als so estimated.to have been furnished and'delivered and unused as afore- n� hl � acuto�khe�Contractorii�mo y ,, .: " said gas s y fulfillment of the contract h the Contractor and shall y-,.p y carrying on the work, the balance not: retained r eductiiig.therefrom all previous payments and all sums to be kept as orHretained under the provisions of the contract. No estimate or.'pa.yment shall be'required to be made when in the judgment: of the Director of Public Works, the work is not proceeding in accordance with the provisions of the contract or when in his judgment the total value of the Work done since the Last estimate amounts to less than three hundred dollars ($300). 9-c. FINAL'PAYMENT The Director of Public Works shall, after completion of the contract. make a final estimate of the amount of wnrk done thereunder and the value of such work, and, the city of Huntington Beach shall pay the entire sum fo%ad to be due after' -deducting therefrom all prE.vious payments and at amounts ca 'br;, kept and all amounts to be.retained under''the provisions of the contract All prior partial est'lmates and payments shall be subject to correction in the final esti- mates and payment. The final payment shall not be due and payable until after ihe.expiration of thirty-five (35) days from the date of recording a Notice of Completion. It is mutuall areed y between the parties to the contract that no certificate given or payments_ maile under the contract, except the final certi- ficate of : final pavment, shall be evidence of the performance of the contract, either;wholly or in part, against: any claim of the pArty of the first part, and no p'ayment,shat'l be construed to"be an acceptance of any defective'vork or unacceptable 'mater. ials. 'l0. PAYMENTS FOR A SPECIAL ASSESSMENT DISTRICT CONTRACT :. ym n reet-Su erinten'dent, after the `completion of all • Final P , under the contract, shall forthwith make an assessment to cover Pti enk. The St work to be done` P F i1n dental expenses char gable todthea roceedin�sinin conformitra. sald. cont ct�i ncluding all vi'ai expenses g P g) Y h the pro ons "of •the; "im rovement Act'of 1911", Division 7, of the Streets and Highway Code of the Stale''of. Cat'ifoiia. Notes This, paragraph its not -appl icable when other' methods' for ;ri9yments are stated in the contract. Page 20 V Iey-_ ,1 _ ., ,•' 11. BID PRICE y The Contractor shall for''the price bid, furnish all 'equipment, Labor'` "'-•' and'mater.1als and do all incidental work necessary to deliver all of the imppave- ments ,complete in place in accordance' with the specifications, special provisions, ordinances, plans, cross sections and detail diauings. 12. GUARANTEE y y , e,Contractor,„by submission of a bid for this project, expressly agrees to the herein stipulated guarantee of materials, products, workmanship, ~7 and installations incorporated into this project. All work performed An accordance with these general requirements, ;,' special provi's-ion's and specifications, including, but not limited to, workman ship; installation; fabrications; materials, strur,tural, mechanical, and elec- trical ;acili-ties'shall be guaranteed for a period of one year, commencing at w, the recorded date of filing the notice of completion of the contract by the City. Security of this guarantee shal 1 be furnislied to the City in the form y q of the f i ' l adjusted of.a bond in favor�of the City for an amount equal to 107. na . and agreed upon contract price. Notification will be given to the Contractor of the date of anticipated Council :acceptance and the expected date of filing of'nbtice of completion in order that he may arrange for the bond. The bond must be delivered to the Director of Public. Works prior to the regular scheduled meeting, of the City Cnuncil, at which th% final acceptance is proposed or recommended. The C&ntractor, by agreeing to this latent defect guarantee, also. agrees that within LO days', Sifter notification of a failure or `deterioration, of a'facilit.y of work covered under this contract, he will effect,repair or replace - ment,or show reasonahle cause as to reason for further delay. Refusal or failure to: commence action"will re -suit in the City arranging for the repairs or replace - in ent and filing claim ' aga tns t the bond. Exce'ted p-from the guarantee, will be destructions caused by acts of ' Cod 'or 'by- acts of, the City, ,or by acts of public enemy, or by acts of vandals, or by results of major disaster. 13. CONFLICT WITH SPECIAL ASSESSMENT DISTRICT LAW to the event any of the general provisions shall be in conflict with or nat. permiprovisions by�.the of the Improvement Act of 1911, or the Municipal Act`of'1913, the provisions of the applicable Improvement Act shall control. Page 21