Loading...
HomeMy WebLinkAboutCONSTRUCTION ENGINEERS - 1992-05-18CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% RETENTION PAYMENT Date CC � C 1\heer- �� The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. NC"4,-- DAN T. VILLkLLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date• 1�-►'1-�� L .SANDOVAL Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. _ Date: — — CONNIE BROCKWAY City Clerk I, certify that there are no outstanding invoices on file. DECLARATION OF SATISFACTION OF CLAIMS 4 � I&M44-hl, AAA 1.. I am the general contractor for the City of Huntington Beach, as to the project more f d scnibed in the public works contract entitl and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. xec ed at f City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any s ntractor perform- ing work under the contract on the projrrer, been paid wages at rates not less than those requ' tact provisions, and that the work performed by ea such laechanic, apprentice or trainee conformed to -the cl sificat onrth in the contract or training program prov'sio plicab eage rate paid. Signature and Title o Ell �"f r� r �"'' 'TY rrr 'r: 4.v `ri cB- �o w¢ a� zz A¢ om W a WHEP RECORDED MAIL T CI-lY OF HUNTINGTON BEACH Office of the City Clerk 21--OrUT-11993 0 3 '-04 F-M P. 0. Box 190 Recorded in Official Records Huntinvton Be,icli, Calif. 926AR of Orange Cauntr, California NOTICE OF COMPLETION Lee A. Branch, Crjufit:; Recorder Face 1 of 1 Fees: $ 0.00 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the Ci1T'Y'A uncil A-00 the City of Huntington Beach, California to Construction Engineers, _9209 East Tower Azusa Road, Rosemead CA 91770 who was the company thereon for doing the following work. to -wit:- Construction of Skateboard Facility at Murdy Park; CC-830 Owner: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Site: Murdy Park (southeast corner of Norma Drive/Goldenwest Street) Nature of Interest: Real Property That said work was completed by -said company according to plans:and.specifications and to the satisfaction of the City Engineer of the City of Huntington -Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, October 4 1993 That upon said contract the Mexr ants Bonding Company (Mutual), 2425 E. Camelback #800 Phoenix, AG 5 16 - was surety for the bond given by the said company as required by law. 2 Dated at Huntington Beach, California, this i3th day of 'Ctnhar 19-93-- City Clerk -,and ex -off' io Clerk of�the, City, Council the City of.Huntington Beach, California STATE .OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true .an-d' -correct-,--and- that--sai d NOTICE OF- COMPLE T ION was duly -and regularly- ordered -to -be-------- recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 13th day of October 1993. This document is solely for the official business of the City of Huntington Beach, as contem- plates under Government code City Clerk_ and ex-officilerk Sec. 6103 and should be recorded of the City Council of the City ftee or charge. of Huntington Beach, California REQUEciT FOR CITY COUNCIL ACTION October 4, 1993 Date Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: �MMiichael T. Uberuaga, City Administrator /Q 5L 19.2 Prepared by: of- —Ouis F. Sandoval, Director of Public Works Ron Hagan, Director of Community Services MY cLm Subject: _ �— CONSTRUCTION OF SKATEBOARD FACILITY AT MURDY PARK; CC-830 Consistent with Council Policy? [3q Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: rn STATEMENT OF ISSUE: Construction Engineers has completed the construction of the Murdy Park Ska eboarci M Facility. RECOMMENDED ACTION: , Accept the construction improvements of the Skateboard Facility at Murdy Par�and authorize the City Clerk to file the Notice of Completion. ANALYSIS: On September 8, 1992, Council awarded a contract to Construction Engineers for the construction of the Murdy Park Skateboard Facility. The construction included a concrete skating facility, a park light, and landscaping around the facility. The construction of these improvements are complete, per the approved Plans and Specifications; therefore, the Director of Public Works recommends that the City Clerk be authorized to file the Notice of Completion. g he cost of the project is summarized below: Council Approved Actual Expenditure Contract Amount $62,443.00 $61,991.00 (1) Construction Change Orders 6,244.30 1,805.00 (2) Incidentals 3,000.00 7,274.00 (3) Total: $71,687.30 $71,070.40 (1) Final construction costs were less than budgeted because the Contractor did not successfully complete the maintenance portion of the contract and therefore, $1,500 was withheld from the final payment. However, actual quantities for fine grading and sod were greater than estimated. (2) Construction Change Orders included additional temporary fencing and the removal/replacement of concrete. PIO 5/85 RCA: CC-830 October 4, 1992 Page two (3) Incidental expenditures included the application of a concrete waterproofing agent, and the addition of a concrete coating along all edges to prevent chipping, cracking, etc., due to extensive use by skateboarders. Note, although the cost of incidentals exceeded our approved budget, the overage was offset by a less than anticipated Change Order expenditure. FUNDING SOURCE: Staff budgeted $71,687.30 for this project in Fiscal Account No. E-HM-ED-823-6-39-00. ALTERNATIVE ACTION: None ATTACHMENTS: None MTU:LFS:RH:gd 3441g/11&12 Performance, Labor & Maintenance Bonds I have received the-Fa44-h-A --Rem o-11 —aI9 —B.eRd and the Labor and Materials bond for Construction Engineers - construction of skateboard area in Murdy Park, CC-830 on behalf of the Treasurer's Office. Dated /0 - Z Z — OF �2- By • -1-� THE AMERICAN INSTITUTE OF ARCHITECTS BOND #CA 131793 PREMIUM: $1,561.00 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): CONSTRUCTION ENGINEERS 9209 E. LOWER AZUSA ROAD ROSEMEAD, CA, 91770 OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA, 92648 SURETY (Name and Principal Place of Business): MERCHANTS BONDING COMPANY (MUTUAL) 2425 E. CAMELBACK #800 PHOENIX, ARIZONA, 85016 CONSTRUCTION CONTRACT Date: Amount: SIXTY TWO THOUSAND FOUR HUNDRED FORTY THREE & NO/100 DOLLARS ($62,443.00) Description (Name and Location): CONSTRUCTION OF SKATEBOARD FACILITY IN MURDY PARK CASH CONTRACT 830 13OND Date: SEPTEMBER 30, 1992 Amount: SIXTY TWO THOUSAND FOUR HUNDRED FORTY THREE & N01100 DOLLARS ($62,443.00) Modifications to this Bond: l0 None ❑ See Page 3 CONTRACTOR _ PRINIP L SURETY Compan (Corporate Seal) Company: (Corporate Seal) CONSTRUCTION NGI EE S RCHANTS BONDING MPANY (MUT AL) Signatur i ature: Name and Title: am and Title: D. J. PICARD ATTORNEY-IN-FAC'i4 (Any additional signatures appear on page 3) (FOR INFORMATION ONLY —Name, Address and Telephone) + AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engini 1 GRANGER-HANNA INSURANCE ASSOCIATES other ` l party): APPROVED AS TO FORM: 2401 EAST KATELLA AVENUE, SUITE 500 GAII,HUTTON, City Attorney; ANAHEIM, CA 92806 4 By: Deputy � (714)978-9785 Attorney 4 AIA DOCUMENT A312 • PEREORMANCE 13OND AND PAYMENT BOND DECEMBER 191W ED. • AIA (4) flit: AMERICAN INS TITUIE OI: ARCI-IIIECIS, 173S NEW YORK AVE., N.W., WAS[ flNG1ON, D.C. 20006 A3124984 1 MIRI1 ITINTINr, • MARCH 111F17 I The Contractor and the Surety, jointly and severally, bind thernselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for lfle Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for w.hidl it may be liable to the Owner and, as soon as practicable after the amount is detee- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any rernedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual darn - ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • I'EREORMANCf BOND AND PAYMENT BOND - DECEMBER 19M ED. - AIA Q) 111E AMFRICAN INSTITUTE OF ARCHHECIS, 1715 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 2 1111kO PRIN11NC - 10ARC1119117 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: ALA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA CR) THE AMERICAN INSTITUTL OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2000o A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond BOND FICA 131793 PREMIUM CHARGED IS INCLUDED IN QHARGE FOR PERFORMANCE BOND. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): CONSTRUCTION ENGINEERS 9209 E. LOWER AZUSA ROAD ROSEMEAD, CA, 91770 OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA, 92648 SURETY (Name and Principal Place of Business): MERCHANTS BONDING COMPANY (MUTUAL) 2425 E. CAMELBACK #800 PHOENIX, ARIZONA, 85016 CONSTRUCTION CONTRACT Date: Amount: SIXTY TWO THOUSAND FOUR HUNDRED FORTY THREE & NO/100 DOLLARS ($62,443.00) Description (Name and Location): CONSTRUCTION OF SKATEBOARD FACILITY IN MURDY PARK CASH CONTRACT 830 BOND Date : SEPTEMBER 30, 1992 Amount: SIXTY TWO THOUSAND FOUR HUNDRED FORTY THREE & NO/100 DOLLARS ($62,443.00) Modifications to this Bond: X7 None ❑ See Page 6 CONTRACTOR A PRINCIP L SURETY Compa (Corporate Seal) Company: (Corporate Seal) CONSTRICTION NGIN ERS MERCHANTS BONDING MPANY (MUTUAL) Signatu Signature: Name and Title: Name and Title: D. J. PICARD ATTORNEY -IN -FACT`, (Any additional signatures appear on page 6) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, En" p GRANGER-HANNA INSURANCE ASSOCIATES other party): 2401 EAST KATELLA AVENUE, SUITE 500 APPROVED AS TO FORM: ANAHEIM, CA 92806 GAIL HUTTON, City Attorney (714)978-9785 By: Deputy City Attorney R__e c to- rj-qZ AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 19t34 ED. • AIA ft 111E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 1Innr..'... , '.. or', ,nn, 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner; within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. a Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last rnate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA© 1HE AMI:RICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N W., WASHINCTON, D.C. 20006 A312-1984 5 11flRD PRINIINS, • MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor orwith a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for addition ' natures of added parties, other than those appearing on the cover page.) CONTRACTOR AS f CI L SURETY Company: �` (Corporate Seal) Company: (Corporate Seal) Signature: X Name and Ti Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA CJ THE AMERICAN INSTITUTE Of ARCHITCCIS, 1735 NEW YORK AVti., N.W., WASHINGTON, D.C. 20006 A312-1984 6 1MPI) PRINT INC.. • NIARCH 19N7 3294 121 GRANGER HANNA INS ASSOC >>>C. J. GRANGER, JR.**ROBERT J. IIANNA**TODD M. ROIIM**PAMELA M. ANDROSKO<<< >>>D.J. PICARD<<< »>«< ANAHEIM CA >>>SEVEN HUNDRED FIFTY THOUSAND DOLLARS($750.000.00)<<< ANAHEIM, CA 30TH SEPTEMBER 92 CONTINUOUS Merchants Bedding Company 2425 East Gkmclback Road, Suhe 800 \ Phoenix, ALvona 85016 Bond No. CA 131793 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, CONSTRUCTION ENGINEERS as Principal, and Merchants Bonding Company (Mutual), a Coiporatiun organized under the laws of the State of Iowa, with principal offices at Dee Moines, Iowa, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee), in the penal sum of SIXTY TWO THOUSAND FOUR HUNDRED FORTY THREt 6 NO/100--- (f 62,443.00 ) Dollars, for the paytnant of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has heretofore entered into a contract With the Obligee above named for: CONSTRUCTION OF SKATEBOARD FACILITY IN MURDY PARK CASH CONTRACT 830 and; WHEREAS, said contract provides that the Principal shall furnish a bond which shall remain in force for a period of ONE _ year(s) from the date of the Project as established by the Engineer of ArchitauL and which shall be conditioned to guarantee against all defects in workmanship and materials which shall become apparent during said period. NOW, THEREFORE, THE CONDITIOA OF THIS OBLICATION IS SUCH THAT, if the Principal shall indemnify the Obligee for all lose that the Obligee may sustain by reason of any defective materials or workmanship which shall become apparent during the period of ONE years) frcxn the date of completion of the Project as established by the Engineer or Architect, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by certified mail at its Branch office, 2425 S. Camelback Road f800, Phoenix, AL 85016, promptly and in any event within thirty (30) days after the obligee or his representative shall learn of such default. Signed, sealed and dated this 30TH day of SEPTEMBER 19 92 Page.-1 0! 2 Pages APPROVED AS TO FORM: GAIL HUTTON, City Attorney By: Deputy City Attorney Page 2 STRgCTION ENGINEERS a.._..— Pri.nci.pal MERCHANTS BO ING COMP NY By Attorney -in -Fact D. J. PICARD URETY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On this 30TI1 day of SEPTEMBER 19 92 , before me a Notary Public in and for the said county, pereonally appeared D. J. PICARD personally known to be (or roved eatiefactory evidence) Attorney in Fact of Surety executed it. p me y the pereon who executed the within instrument as Surety therein named and acknowledged to me that the _ OFFICIALSEAL . %�•; :��x,,.�±r;. • ,; •. FAMELA M. ANDROSICO SEAL - Notary Pubic. Calilornia ORANGE COUNTY My Comm. Expires Nov. 301994 Notary Public 3294 121 GRANGER HANNA INS ASSOC >>>C. J. GRANGER, JR.**ROBERT J. MANNA**TODD M. ROIIM**PAMELA M. ANDROSKO<<< >>>D.J. PICARD<<< »>«< ANAHEIM CA >>>SEVEN HUNDRED FIFTY THOUSAND DOLLARS($750000.00)<<< ANAHEIM, CA 30TH SEPTEMBER 92 CONTINUOUS �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 21, 1992 Construction Engineers 9209 E. Lower Azusa Road Rosemead, CA 91770 RE: Construction of Skateboard area in Murdy Park , PROJECT CC-830 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (Telephone: 714-536-5227 ) Notice of Exemption Appendix To: ❑ Office of Planning and Research 1400 Tcnth Sues.[, Room 121 Sacramento, CA 95814 County Clerk County of Orange 700 Civic Center`Dr. Santa Ana, CA 92702 Project Title: Skateboard Area at Murdy Park From: (Public Agency) City of Huntington Bez 2000 Main Street Huntington Beachs;� CA 92648 Project Location - Speciflc: Murdy Park (southeast corner of Norma Drive/Goldenwest Street) Project Location - City: Hunti ngtn Peach Project Location - County: _ Orange Description of Project: Tnsta 1 1 a ti can Df skatQboard ramps within the confines of e xi tn g-xe csQ a t i o.n-L-.a=eas_ i n r u rAy P a r_k_.-- - -- Name of Public Agency Approving Project: City of Huntington Beach City Council Name of Person or Agency Carrying Out Project: City, of Huntington Beach Public Works Dept. Exempt Status: (check one) ❑ 1viinistcrial (Sec. 21080(b)(1); 15268), ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); k} Categorical Exemption. State type and section number ❑ Statutory Exemptions. State code number: Class 11 Section 15311 Reasons why project Is exempt: Construction of skateboard ramp within the confines of an existing recreational facility area. Lead Agency Contact Person: Rand, 1411ttenberger Are�lCode/Tclephone/Extension: 714) 536-5242 1f filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? ❑ Yes ❑ No Signature: Date: io qG Title: Signed by Lead Agency Date received for filing at OPR: ❑ Signed by Applicant Revised October 1989 FEDERALLY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONSTRUCTION ENGINEERS FOR THE CONSTRUCTION OF A SKATEBOARD FACILITY IN MURDY PARK (CC-830) Section Page 1 Statement of Work; Acceptance of Risk . . . . . . . . . 1 2 Acceptance of Conditions of Work; Plans and Specifications . . . . . . . . . . . . . . . . . . . 2 3 Compensation . . . . . . . . . . . . . . . . . . . . 4 4 Commencement of Project . . . . . . . . . . . . . . . . 4 5 Time of the Essence . . . . . . . . . . . . . . . . . . 4 6 Changes . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Notice to Proceed . . . . . . . . . . . . . . . . . . . 6 8 Bonds . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Warranties . . . . . . . . . . . . . . . . . . . . . . . 7 10 California Fair Employment and Housing Act . . . . . . . 7 11 California Prevailing Wage Law . . . . . . . . . . . . . 7 12 California Prevailing Wage Law - Penalty . . . . . . . . 8 13 California Eight -Hour Law . . . . . . . . . . . . . . . 8 14 California Eight -Hour Law - Penalty . . . . . . . . . . 8 15 Payment of Travel and Subsistence Allowance . . . . . . 9 16 Employment of Apprentices . . . . . . . . . . . . . . . 9 17 Payroll Records . . . . . . . . . . . . . . . . . . . . 9 18 Independent Contractor . . . . . . . . . . . . . . . . . 10 19 Liquidated Damages/Delays . . . . . . . . . . . . . . . 10 20 Differing Site Conditions . . . . . . . . . . . . . . . 12 21 Variations in Estimated Quantities . . . . . . . . . . . 13 22 Progress Payments . . . . . . . . . . . . . . . . . . . 13 23 Withheld Contract Funds, Substitution of Securities . . 14 24 Affidavits of Satisfaction of Claims . . . . . . . . . . 15 25 Waiver of Claims . . . . . . . . . . . . . . . . . . . . 15 26 Indemnification, Defense, Hold Harmless . . . . . . . . 15 27 Workers' Compensation Insurance . . . . . . . . . . 16 28 Insurance . . . . . 16 29 Certificates of Insurance; Additional Insured Endorsements . . . . . . . . . . . . . . . . . . 17 30 Default and Termination . . . . . . . . . . . . . . . . 18 31 Disposition of Plans, Estimates and Other Documents . . 19 32 Non -Assignability . . . . . . . . . . . . . . . . . . . 19 33 City Employees and Officials . . . . . . . . . . . . . 19 34 Stop Notices; Recovery of Administrative Costs . . . . . 19 35 Notices . . . . . . . . . . . . . . . . . . . . . . . . 20 36 Captions . . . . . . . . . . . . . . . . . . . . . . . . 20 37 Federal Participation . . . . . . . . . . . . . . . . . 20 38 Davis -Bacon Act . . . . . . . . . . . . . . . . . 21 39 Discrimination, Minorities, Aliens . . . . . . . . . . . 21 40 Equal Employment Opportunity . . . . . . . . . . . . . . 21 41 Copeland "Anti -Kickback" Act . . . . . 42 Contract Work Hours and Safety Standards Act . . . . . . 23 43 Implementation of Clean Air and Federal Water Pollution Control Act . . . . . . . . . . . . . . 23 44 Energy Conservation . . . . . . . . . . . . . . . . . . 24 45 Housing and Urban Development . . . . . . . . . . . . . 24 46 Legal Services Subcontracting Prohibited . . . . . . . . 25 47 Entirety . . . . . . . . . . . . . . . . . . . . . . . . 25 i FEDERALLY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONSTRUCTION ENGINEERS FOR THE CONSTRUCTION OF A SKATEBOARD FACILITY IN MURDY PARK (CC-830) THIS AGREEMENT is made and entered into on this 21-st day of October , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and CONSTRUCTION ENGINEERS, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of a skateboard facility in Murdy Park in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its I 9/16/92:sg -1- i progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length 9/16/92:sg -2- herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 9/16/92:sg -3- Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Sixty-two Thousand Four Hundred Forty-three Dollars ($62,443.00) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred fifty (150) calendar days from the execution of this Agreement by CITY, excluding delays provided for in Section 19 herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, 9/16/92:sg -4- details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost 9/16/92:sg -5- proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9/16/92:sg -6- 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 9/16/92:sg -7- 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq., shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT -HOUR LAW - PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each worker employed hereunder by CONTRACTOR or any subcontractor for 9/16/92:sg -8- each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 9/16/92:sg -9- 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages 9/16/92:sg -10- herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then 9/16/92:sg -11- the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sale remedy of CONTRACTOR. 20. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; 9/16/92:sg -12- (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From 9/16/92:sg -13- each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifth percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 9/16/92:sg -14- therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save 9/16/92:sg -15- and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorneys fees incurred by CITY in enforcing this obligation. 27. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability 9/16/92:sg -16- insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required herein; said 9/16/92:sg -17- certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on 9/16/92:sg -18- CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative and 9/16/92:sg -19- attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Contract Provisions embodied herein are included in this Agreement in accordance with the provisions 9/16/92:sg -20- applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 276a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). 9/16/92:sg -21- CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To assure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from inducing, by any means, any person employed in the construction, completion, or 9/16/92:sg -22- repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et. seq.) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act, each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, 9/16/92:sg -23- on the date of Contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 C.F.R. 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act (42 USC Section 7401, et seq.) and Section 308 of the Federal Water Pollution Control Act (33 USC Section 1251, et seq.) and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) through (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United 9/16/92:sg -24- States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charger S 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 47. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CUNT UK: CONS RU TION ENGINEERS ass le prop ietorship d Brockman, Owner r ATTE T: City Clerk REV ED AND APPROV D- -�.. City Administrator 9/16/92:sg -25- CITY OF HUNTINGTON BEACH a municipal corporation of the state of California Mayor D AS T FORM: 9 _ S' 1 P .-" 6�Cit At orney -Q- 8-r - 2- 9-�1- 9 z IN ;IATED AND V D 0 Directorl of Public Works AI11111:11... C RT PRODUCER 714-978-9785 INSURED General Constr. Engineers Inc. DBA: CONSTRUCTION ENGINEERS 9209 E. Lower Azusa Rd. Rosemead, CA 91770 ................. COMPANY _......._ B LETTER ...................... ....... ...................... ........... ._............ ......................... ,.... _...._..._.............................................. COMPANY c LETTER ...._..... -.......... .........._.......... ..................... ............._ ........... COMPANY .................._................... ..................... D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION: LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY = GENERAL AGGREGATE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY C01 12745467 i._.....:....__. : ::.............._.......... ........-........... 03/21/92 03/21/93 : PRODUCTS-COMP/OP AGG. ::......................... . .:........................................ $ 1,000,000 ......_.. I CLAIMS MADE X OCCUR.: ......... ............ PERSONAL & ADV. INJURY ..........__............. : $ ...... .....__. 1,000,000 X : OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE :................................................;._..... : $ 1,000,000 000, 000 FIRE DAMAGE (Any one fire): .... ............. .............. .. $ ..... .. 5Q, 000 .._. ............................. ............ MED. EXPENSE (Any one person): $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE A : X ;ANY AUTO BUA112745467 03/21/92 03/21/93 LIMIT $ 1,000,000 ALL OWNED AUTOS _.. _... .. . BODILY INJURY : SCHEDULED AUTOS (Per person) $ X HIRED AUTOS _-........... BODILY INJURY X NON -OWNED AUTOS (Per accident) $ - GARAGE LIABILITY PROPERTY DAMAGE :$ EXCESS LIABILITY EACH OCCURRENCE : $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION ` WC112745481 03/21/92 03/21/93 X STATUTORY LIMITS;- EACH ACCIDENT AND $ 1,000,000 _.,.. DISEASE —POLICY LIMIT $ 1,000,000 EMPLOYERS' LIABILITY ._........_.................._._.........._..................... DISEASE—EACHEMPLOYEE$ 1,000,000 : OTHER APPROVED AS TO FORM:_ GAIL HUTTON, City Attorneyja_ 13—qz. By: Deputy City Attornev DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS COUNTY OF ORANGE,& THE CITY OF HUNTINGTON BEACH, ITS OFFICERS AGENTS AND EMPLOYEES ARE NAMED,ADDITIONAL INSUREDS WITH RESPECT TO GENERAL LIABILITY & AUTO LIABILITY ONLY RE: SKATEBdARD FACILITY INMURDY PARK CONTRACT-830. WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE CITY OF HUNTINGTON BEACH FOR GENERAL:-LI.A131117Y & WOf'tKERS COMPENSATION. CNA INSURANCE COMPANIES ADDITIONAL INSURED ENDORSEMENT IF YOUR ARE REQUIRED TO ADD ANOTHER PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED ON THIS POLICY UNDER A WRITTEN CONTRACT OR AGREEMENT CURRENTLY IN EFFECT OR BECOMING EFFECTIVE DURING THE TERM OF THE POLICY AND A CERTIFICATE OF INSURANCE LISTING THAT PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED HAS BEEN ISSUED, THEN WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THAT PERSON OR ORGANIZATION (CALLED 'ADDITIONAL INSURED'). THE INSURANCE FOR THAT ADDITIONAL INSURED IS LIMITED AS FOLLOWS: 1. THAT PERSON OR ORGANIZATION IS ONLY AN ADDITIONAL INSURED FOR ITS LIABILITY ARISING OUT OF THE PREMISES YOU OWN, RENT, LEASE, OR OCCUPY, OF FOR 'YOUR WORK' FOR OR ON BEHALF OF THE ADDITIONAL INSURED; AND 2. THE LIMITS OF LIABILITY FOR THE ADDITIONAL INSURED ARE THOSE SPECIFIED IN THE WRITTEN CONTRACT OR AGREEMENT, OR IN THIS POLICY, WHICHEVER IS LESS. THESE LIMITS ARE INCLUSIVE OF AND ARE NOT IN ADDITION TO THE LIMITS OF INSURANCE SHOWN IN THE DECLARATION; AND 3. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. THIS ENDORSEMENT AND ANY COVERAGE PROVIDED HEREIN APPLY ONLY TO THE POLICY TO WHICH IT IS ATTACHED. THE COVERAGE PROVIDED BY THIS ENDORSEMENT IS NOT EXTENDED TO ANY OTHER POLICY ISSUED TO THE INSURED UNLESS SUCH POLICY IS SPECIFICALLY ENDORSED. PREMIUM $ INCLUDED COUNTY OF ORANGE & THE CITY OF-HUNTINGTON BEACH, ITS OFFICERS AGENTS & EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 RE: SKATEBBOARD FACILITY IN MURDY PARK; CONTRACT #830 This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. Must Be Completed POLICY NO. G-39543A CNA FOR ALL THE COMAffWEArM YOU MAKE GL.474 Complete Only When This Endorsement Is Not Prepared with the Policy Or is NOT to be Effective with the Policy ISSUED TO EFF. DATE OF THIS ENDORSEMENT General Constr. Engineers Inc 09/30/9 Countersigned by 6tA-, Au,thorized Rei6resentative APPROVED AS TO FORM: GAIL HUTTON, City Attorney By: Deputy City Attorney ln� r3 -�1-�- MAY 20 '92 14:50 CNA-EREP -'142552366, Arm' P'2 • WA GENERAL CONSTRUCTION ENGINEERS, INC. POLICY NO.: BUA112745467 'For All d o Cammitrmats %m Make DBA : CONSTRUCTION ENGINEERS � THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED THIS ENDORSEMENT MODIFIES INSURANCE 'PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM COUNTY OF ORANGE & THE CITY OF HUNT I NGTON BEACH, ITS OFFICERS, SCHEDULE Name AGENTS AND EMPLOYEES Location SKATEBOARD FACILITY IN MURDY PARK; CONTRACT-830. WHO IS AN INSURED (Section II) Is amended to include as an insured the person(s) or organization(s) shown In the schedule but only with respect to their liability arising out of: a) your work for the additional Insured(s) at the location designated, or b) acts or omissions of the additional Insured(s) In connection with their general supervision of 'your work' at the location shown in the schedule for claims arising out of operation, maintenance, or use of a covered auto. This insurance shall be primary Insurance over any other insurance available to the scheduled Insured. APPROVED AS TO FORM: GAIL HUTTON, City Attorney By: Deputy City Attorney /D -/%' ?2-- lap UCA 229 J90817446YOP/812S REQUEST FOR CITY COUNCIL ACTION Date _.1qt-V i-PmhPr R _ 1992 Submitted to: The Honorable Mayor and.City Council AppRoYED BY CITE' coTiNCIL Submitted by: Michael T. Uberuaga, City Administrator 1Q�� Prepared by: Louis F. Sandoval, Director, Public Works cI Y cLrxx Subject: Ron Hagan, Director, Community Services - SKATEBOARD AREA IN MURDY COMMUNITY PARK, CC-830 Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE Bids for the skateboard area in Murdy Community Park were received and opened on June 16, 1992. RECOMMENDATION 1. Approve the low bid of $62,443 submitted by Construction Engineers; and 2. Authorize the Director of Public Works to expend $71,687.30 to cover contract costs of $62,443, estimated construction change orders of $6,244.30, and anticipated incidental expenditures of $3,000. ANALYSIS On May 8, 1992, Council approved the plans and specifications for the construction of a skateboard area in Murdy Community Park, and authorized the Director of Public Works to solicit bids for construction. Bids, as summarized below, were received and opened on June 16, 1992.- Contractor Base Bid O Construction Engineers $62,443.00 © Hondo Company 62,515.00 © Gillespie Construction 74,180.50 O J.D.C. General Engineering 87,688.00 © Amtek 107,730.90 PIO 5/85 Project Costs Contract Costs $62,443.00 Construction Contingencies 6,244.30* Incidentals, i.e., soils testing, utility costs, etc. 3,000.00** TOTAL $71,687.30 *Resolution No. 4896 authorizes the Director of Public Works to spend up to 10 percent of a contract amount, not to exceed $50,000, for change orders. Staff recommends a budget equal to 10 percent of the contract amount. Examples of possible change orders include such things as changes in field conditions, unavailable materials, weather delays, errors in the plans, and changed city requirements. **Miscellaneous soils testing, Edison electrical hook-up, water service, etc. AB2487 has recently become law which limits the liability of public agencies that provide skateboard areas. Although the Huntington Beach design is completely different than other skateboard parks in that there are no structures over 18" in height which limits the risk of injury substantially, the city will have immunity from claims under AB2487 if it posts the appropriate signs in the area. Signage is included in the city's project and staff has requested the City Attorney's Office to amend the municipal code pursuant to AB2487. Engineer's Estimate The original cost estimate for this project, as reported to Council on April 20 1992, totaled $46,450; however, this cost did not include subsequent plan changes that were made during the design review process. The changes include a more expensive type of concrete, area lighting replacement, asphalt concrete patchwork, a concrete bench, and plant establishment/post installation maintenance periods. During the design review process, the location of the skateboard area was moved within Murdy Community Park from next to the tennis courts to an isolated area so that there would be no noise impact on other park elements. This move necessitates grading a mound and relocating park security lighting. However, it is necessary to make the skating area compatible with other park uses. FUNDING SOURCE Sufficient Community Development Block Grant (CDBG) funds are available for this project in fiscal account E-ED-823-HM-6-39-00 because CDBG contingency funds approved by Council in the 92/93 budget will cover the additional cost of the above changes. The bids received were competitive and staff feels rebidding would not result in a lower bid. If Council approves this project, the skateboard area should be completed within 90 days. ALTERNATIVE ACTIONS Deny award of contract to Construction Engineers, and select one of the other bidders. 2. Reject all bids and forego the construction of these improvements. 3. Redesign the project to reduce construction costs by moving the area to the east to avoid a large portion of required grading; however, this option would impact other park uses. ATTACHMENT AB2487 LFS/RH/cs ::A' -AB •2487 08/26/92 Page 1 Enacted ASSEMBLY BILL No. 2487 CHAPTER 112 Sher An act to amend Section 25906 of the Health and Safety Code, relating to skateboard parks. [Approved by Governor July 1, 1992. Filed with Secretary of State July 2, 1992.] LEGISLATIVE COUNSEL'S DIGEST AB 2487, Sher. Skateboard parks. Existing law requires operators of skateboard parks to require that persons riding skateboards therein wear a helmet and elbow and knee pads. This bill would provide that for skateboard facilities that are not supervised on a regular basis that are owned or operated by local public agencies, this requirement may be satisfied if the local public agency adopts a described ordinance and posts certain signs at the facility. The people of the State of California do enact as follows: SECTION 1. Section 25906 of the Health and Safety Code is amended to read: 25906. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county. END OF REPORT RECEIVED BY: TrE irer's Office DATE; ,AVo(a ICo, 1-12- ENGINEER'S ESTIMATE: 44s 4sc) PRaJECT JOB AND CC NUMBER: ��KTEc�op,�a� -c=Ac i i i� !� 1 M �Ki�`7 tom' 21C CC - e Z-S O BIDERS NAME P" - - Ie- TOTAL BID AMOUNT l . Amteclti ®7 % •� ®• 9 2. Brian Quigley Masonry 3. Construction Engineering ,Z y 3, 4. Fecit-Strata S. Gillespie Construction 6. Hondo 7. J. D. C. General Engineering % G Fir, 8. J. K. B. Corporation 9. Nobest 10. S and M Landscape 11. Superior Gunite 12. Taylor -Shafer e, THE AMERIYCAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we CONSTRUCTION ENGINEERS, (Here insert full name and address or legal title of Contractor) 9209 E. LOWER AZUSA ROAD, ROSEMEAD, CA, 91770 as Principal, hereinafter called the Principal, and MERCHANTS BONDING COMPANY (MUTUAL) , (Here insert full name and address or legal title of Surety) 2425 E. CAMELBACK #800, PHOENIX, ARIZONA, 85016 a corporation duly organized under the laws of the State of IOWA as Surety, hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here insert full name and address or legal title of Owner) 2000 MAIN STREET, HUNTINGTON BEACH, CA as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT BID---10%--- Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for - (Here insert full name, address and description of project) .CONSTRUCTION OF -THE SKATEBOARD FACILITY IN MURDY PARK_... CONTRACT #CC-830 - NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this (Witness) (Witness) 9TH day of '_�E MERCHANTS BO lcl� Jl� D. J. PICARD 19 92 (Pr) cipa!) (Sea (Title) ING COMPANY (MUTUAL" (Surety) (Title ATTORNEY- IN-FAC" AIA DOCUMENT A310 • BID BOND • AIA B • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 I ----_ . _,- _..__.«tom --- -- — • - :-_ l._ - - - _ •,..:_<.- KnGw Ail tvlerrGt Theseresents_th2taf e.1�t CNRtiT.S-8 NOiNG ivIPANY a_° r �rati r. iii y c - .. -,-`Gt the State Oi 10`.Va and 11aVinra.l[S C�finr:ipai office imthe City of Des ivloineS„COuntv,of i-ckS State,oi Iowa: hat91omade,-C stitll(Qd:3fld . ..8poointed"and does `y useris�-make, coristitute and appoint ' >>>C. J. GRANGER, JR.-ROBERT J. HANNA**TODD H. ROHK**PAMELLA K. ANDROSKO«< >>>D°J. PICARD«< >>X<< of ANAHEIM and Mate cf CA ;is true ard' i`awfui Aitor V_!r -Fact. with fuii, ocwer ` .n and u..,honYj hereby c..:,,errec in ,.s na`;.e. Place and stead. t0 sign, execute. acknowledge a nu delver in its behalf as surety:: .: >>,>,'SEVEN HUNDRED -FIFTY THOUSAND DOLLARS_($750.000.00)<.<< _ and to bi^r� he M_=RCi �i'S SC�r'lfN ONIPA�i`( fMt ai) ih' r by as ui'• as if Gr;d , r rdertaking r:as i�J E e �' iOihE S2i:"2GY?e;:t =.,C , .�`i` �'Ui.irani a •� i t a„ _ u Cv' Y.i`i'r .:,.,tuai; ^,� , acts � �asd Rttcrrey, pursuant to the auft;ofity herein ,;v mare ;iefe1A/ iatii:cti amaze Oniir Pd. v@iGiifreyR.claJU:ni `G ?naGi;:fi:O5y-Laws =Gted by the Soaru f Directors ohis bff- y,• - ' it e MEnC'H IAway EO'NuiN iIMIu'u'ij. SECT C%,N -A . " ;,_- C`:u,fi �'_-' of ;",e Eoam.or Fr?s{derit c.; anv, r'ieSCen' or Sect tar; :,deli `':a`✓e power' d w'li,Grity iC a^C%It�:I rl.CGrne'Y,s Win- ar:d .., u_ _'1Cf,_._ tnem 'O e;te.cu,e nE�iaif it'B CCI-';Gc1?V. dnd 2aaCl? '.?E seal of t!'E- ' Comoaniv thereic. "on,Gs am-, _!ii Er'.cki;i('s, t'F•oGCnlscriC2J. COrii :•i:;9 Oi ii::;e;;tnEiV r`1iiQ i�ti, r r/riTi n b 11 1 c. a-, o ry !n ii+C- nature,hereof. AR, !i•-;__ _, aELT!K •N S-,- — he S;anaiu;e Cf cificer. --a,f CO:Mi:cC�`.• ,� di'iised :;y faCsimde to any P;r,^r of ileb ,-,r Ce-itiiicatso n u,p:ecf autilo,;7inv'i`ie exec ticn an'.0 ..v "_J C. .- l^.;i Otto. 'tindcr`.c,kir:G, r=cGGriiZanGE, or . . other Suret`!S'!D 0.^ -=^C•r ,s ci .^,e CC•mcaiy, an-4 su& sic alum and s 2i 'Fine*: Sv UScdSrla�; ^av L-SarnE `OCCc and effect as . • -. `t1C•ugil i-l2:nUaiiV fi;rec - - - .. - : , V Ct�MRA �N. `hP^^ pr s_-•i- `G nn,ed _ c+�[3;t N" lufuail 7 =S r, .!,=,cC! ,..��c r-a . C'E si .. c� XeCUtiV _"Vfi:2-- ii1en,. ard' Jri=.r-.ralc _esi t0 affixed, il':is t^ a }- - _ day" :) ;tom ?r A.C::. i9 �jl< . . O --'-- -- 1 - - , .., :. :n::. _ - 2:j:C _ .i ;..'.U'�'`'�.r_- _... i�+`7� -_ __ ..i... -, far; �•2* ,f-m q�:,v -d__.- - _,'.; - un�a, „55 n_ G cYSOr?aiiV kra3rin. ^i ein `'ii 'rne du! s ,' a ram' V;ee Fresic g y y S.vorn fL aJ-irt.Ctf;ev fe vise -r. dant anc'�z�cutive ';>...- @gOs ,_;valy:r_,f `F P'M1. t ( r S Rn NyC .(, ,r'',.,V .•1,it;'ai: n .-�.rn ;: r, ac. :rPnn rr. c!ri,mcn! tt a; tiP Saa 8 m'a - _ _ - - y ntom _ -- ---- - t is -,re - ..c,.ar'� "os' me said Cure ,i� ar: at .e .,.:.c .t�s,rume;, w23sictr?`ed _---- _ r- - - '--- = - " -- - - ., n .v ri ;:> afii� P a Vr'n=cPr i hdn•i'a Sri" ffi'-nr±�-..'v�• ,:ria -i' _'itf'`. e ti i -- - - ir or, 'vl -f . _ ."I�h-_v- ..rnu .- --- n.y --. � _r _ a.. x_ _ r�, _ . _ _i .ir r -�hg. _✓ ni Ce_ tu, 0 Q�� �v0 �~ '•' '- _ -•4 - - - - - - '-` -4L-+ / ..rlc- Po'T"Cc�-r`w.r..raw,�;,n � -_.-d-�-�7- S'AT= r it 44r - A,, h �s° CC'VN I , C!= L? . , - -- - — - -- -. -- _. - - ----- qq as °aa 1,' i. l_^'ri -v orP<:� :i^P pviCC(`4� - n�r;_n��aa ;a.a._•.._;_ .7 i' �P'a:=v'__ c. _ : de t c :-- . _ _ „_ _ �c {_ is i ha, y.r _ _po . and - ^a a irL4 a^d -,ci c•rY ..,��e r rr.„CF iGR^i `r. _..'L;.:. ", ' fr_'D �, �6� CING C Ov!P,4ki�!Y f�'Jtuival). wni& is s;. Ii ,.. ° t T��f `crce and erect. �,,, ,,,.., q•r.Lb. --+ .JI?nBs5 "• rr__ ._.,r iiE(et_ iF_ _ET ._i r:??r` ;-.ct :,t {;hc C' :q Inc; r-, .1 �. , CA' r ANAHEII�f--- ° 9TH JUNE .92zn _ - - 'T This DOwer'`Gt aiiOrr:=?cJ -expires _ ._ . ._ OUS_. A.I.A. Document No. A-J1U (February 1970 la.) INSURANCE' _ BID BOND KNOW ALL MEN BY THESE PRESENTS, that we. AMTEK CONSTRUCTION as Principal, hereinafter called the Principal. -and EXPLORER INSURANCE COMPANY a corporation duly organized under the laws of the State of Arizona . as •Surely, hereinafter called the Surety. -are held and It.mly bound unto City of Huntington -Beach, California as "Obligee, hereinafter called the Obligee, in the sum of Ten percent , (10%) of,the amount bid ---- ------------ -----------------------=----------- Dollars'(E — — — — — ). for the payment of which sum well and truly to be made. the said Principal and the said Surety. bind ourselves, our heirs, executors. administrators, successors and assigns jointly and severally. firmly by these presents WHEREAS. the Principal has submitted a bid for Cons-t-ruction of Skateboard Facility in Murdy Park NOW, THEREFORE - d the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Oblige* in accordance with the terms of such bid. and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful per!ormance of such coat act and to. the prompt payment of labor and material furnished in the prosecution thereof. or in the event of the failure of the Pr,:nc:pal to enter such •contract and give such bond or bonds, if the Principal 'shall -pay to the -Obligee the d:flerence not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in gcod faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void. otherwise to remain in lull force and effect. Signed and sealed this loth day of June A.D. 19 92 / EX LORER INSURANCE COMPANY (surety) (seat) (witness) By: oux Munyon, r in tact Explorer Insurance Company HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing underthe Iwo of the State of APIZONA and having Its principal office In the City of San Diego, California, does hereby nominate, constitute and appoint SIOUX MUNYON Its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred In its name, piece and stead, to execute, seal, acknowledge NO deliver any and all bonds, undertakings, recognizanoes or other written obligations In the nature thereof. This Power of Attorney Is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and Mid on the 22nd day of JULY, 19M which said Rasoluton has not been amended or rescinded and of which the following is a true, full, and oomplete copy: •RESOWEM That the President or Secretary may from time to time appoint Attorneys -In -Fact to represent and act for and on b*W of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attomeyairt-Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and AN bonds and undertakings as the business of the Company may requlre, and any such bonds or undertakings exeouted by any such Atlorn•yart- Fad shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary.' IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused Its official seal to be hereunto affixed and thee• presents to be a%ned by ha duly authorized officer: this 8 th day of September, 1989. STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO P �Nsug4 SEAL �7oNI► 'tit >,aa EXPLORER INSURANCE COMPANY On ttds 8th day of Sept., lbiforr the subscriber, a Notary Public of the State of Califomla, In and for the County of San Map, duty commissioned and qualified, came Bernard Martin Feldman of EXPLORER INSURANCE COMPANY to me personally known to be ft kt- dNWuel and officer described In and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and salth, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding Instrument Is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and wbsodbed b the Bald instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above MRhtefl. f• r•' ► �'' ' ..';•�r:�r.';°.i'd'ar•.'ah4,r r r •'' :` 01l ward. y1 J. • •% 'j• .� JANIS E. THEODORE ...• I �' NOTARY PUBLIC GlIOORMIA .lF PRINCIPAL OFFICE IN SAN DIEGO COUNTY Notary Public STATE OF CALIFOR,NLA MY COMM'Si10A E,p June 1 1990 COUNTY OF SAN DIEGO IW - - - - - - - 4 the undersigned, James W. Austin, III, of the EXPLORER INSURANCE COMPANY, do hereby certify that the original POWER OF ATTM NEY, of which the foregoing is a fu►I, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Said of the Corporation, this 10thday of June tg 92 EXPLORER INSURANCE COMPANY � tNSURy YC,r, o. SEAL p V sewetary EXP CAL 37 Insurance Company of the West 1111 East Katella Ave. Ste.250 Orange CA 92667 . B I D O R FD ROFPQE Ar) BC3"0 KNOW ALL MEN BY THESE PRESENTS: That we, Gillespie Construction, Inc. (hereinafter called the principal), and Insurance Company of the West a corporation organized and doing business under and by virtue of the laws of the State of CA and duly licensed for the purpose of making, guarantee ing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CA as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the obligee) in the just and full sum of Ten percent of the amount bid. Dollars (S 10% of bid) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our suc- cessors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal..as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 6/16/92 for Skateboard Facility in Murdy Park in accordance with the plans and specifications filed in the office.of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to -be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this Signed and sealed this 15th DAY OF June A.D. 1992 Gillespie Construction, Inc. (Principal) Insurance Company o�the West (Surety) MicY ael D. Stdng, i v i Attorney in fact i INSURCE COMPANY OF Thr, WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: MICHAEL D. STONG its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors -of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time .to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney -in -fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 21ST DAY OF OCTOBER 1986 PINSURANCE COMPANY THE WEST �Y�.r +44CH t. A%� ti �4UFO% President STATE OF'CALIFORNIA SS: COUNTY"OF'"SAN DIEGO On this 21ST DAY OF OCTOBER '%Ubre the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed.and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. ION , OFFICIAL SEAL .t.. , :a:C-CAL!,-OR?1G1 7.n D,CgO Co1iBt'J °o -� : ^••��+Ina'y,:. Jan. 8. 1988 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: Notary Public I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 1 5th day of JUNE 19 92 `��pMPAkYo f oTi? .e�OpPo�,rFo i,• N_ T *4RCH t. IS" ti ICW CAL 37 (REV. 5/82) C4t,FOR%\P S SKXary / -Continental insurance® BID BOND KNOW ALL MFN BY THESE PRESENTS: That, HondO..0 wazy...Inc.................................................................................................................. ........................ ........................................................................................................................................................................................ of......�SaT1ta..Arla......................................................................................... , State of ...... Ga,l•ifomia...................... hereinafter called the Principal, and..Continent.. Insurppc2..COMPI Ppy ............................. hereinafter called the Surety, are held and firmly bound unto..... tY12,:Clty, of..IIl111tii1gton BeaCYl ... ....... ................ ........................................................................................................................................................................................ ........................................................................................................................................................................................ of.................................................................................................................. State of ... ClfOz'Til. ........................ hereinafter called the Obligee, in the sum of ......... . B1C1.................................................................................. .......................................................................................................................................................................... Dollars; for the payment whereof to the Obligee.......... the Principal bind .................................................. heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns,. firmly by these presents. Signed, sealed and dated this ........S@CM., d............ day of........Ji]M........................... 19 92..... Whereas the Principal is herewith submitting the accompanying bid dated .......... June..16.t..1992............. for ............................. Skateboard..Faci.li ty..Murdy.. Park .............. ...................................................................... ........................................................................................................................................................................................ Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may be required, for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and material, if the latter amount be in excess of the former, but in no event shall the Surety's liability exceed the i penal sum hereof. In Witness whereof, this instrument has been executed by the duly authorized representatives of the Prin- cipal and the Surety. Hor ................. By. ............. ..................... (Seal) ........... Cont.inental Insurance.l?... y.............. ...... ..... ............. Surety By: ........ .�... �,.. .4111 Artorney Bond 1264D Printed in U.S.A The Continental Insurance Company GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Richard C. Ltoyd of Upland, California its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to Alt obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten Million (10,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 13th day of January, 1989: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or anv of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company" FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and anysuch Powerof Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal lobe hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 25day of August , 19 89 Attest: N D.L. Banta, Assistant Vice President `�'1 •• •• STATE OF CONNECTICUT COUNTY OF HARTFORD THE CONTINENTAL INSURANCE COMPANY isy E..._.::2_ a .tea..., Emil B. Askew, Vice President On this 25 day of us 19 before me personally came Emil B. Askew, to me known, who being by me duly sworn, did depose and say that he is a"' EMPresident of A CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. �. NOTARv si /J GLORIA D. SEEKINS, NOTARY PUBLIC CERTIFICATE My Commission Expires March 31. 1993 I, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; .Ind furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, in the State of Connecticut. Dated the 2nd day of June 1Q 92 . 1:•�,�; I. Denrns Lane. Assistant Vice President I BOND 431SM Printed in U.S.A. 'BIC, IC BONDING AND IURANCE COMPANY .40W ALL MEN BY THESE PRESENTS: California: 23172 Plan Pointe Drive, Suite 185 BID BOND Laguna Hills, CA 926S3 (714) 770-9733, (800)274-CBIC (714) 770-9805 FAX National WATS: (800) 426.9949 Bond No. CA2863 Premium included in Bid Bond Service Undertaking. Irm '��x. • • • • : • • 01 IDI' • 1 10101' •i• MLti: yl• C Principal, (hereinafter called the "Principal"), and CBIC Bonding and Insurance Company of Seattle, Washington, a �rporation duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are Id firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), the sum of TEN PERCENT OF AMOUNT BID )t to exceed EIGHT THOUSAND EIGHT HUNDRED AND NO 100 Dollars 8,800.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, 'nd ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for MURDY PARK _SKATE BOARD FACILITY CC830 BID DATE: 6/16/92 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract rith the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding .r contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt ayment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter ito such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the enalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith .ontract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise o remain in full force and effect. Signed and sealed this 1 OTH day of JUKE A.D. 19 92 JAMES E. DE ARMOND DBA JDC GENERAL, ENGINEERING CONTRACTOR (Seal) Principal Witness % Tide CBIC Bonding and Insurance Company Surety By !� J(l mot-; �L�—./ L L_-� (Seal) Witness BARBARA THIEL, Attorney -in -Fact BndCBB1.03-CA082289 CBIC Home Office: Limited 1213 Valley Street Power of Attorney F.O. Box 9271 CBIC BONDING AND i Seattle, WA 98109-0271 INSURANCE COMPANY (206) 622-7053 KNOW ALL MEN BY THESE PRESENTS that CBIC BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its principal office in Seattle. King County, Washington. does by these presents make. constitute and appoint BARBARATHIEL. of Laguna Hills. California. its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name. place and stead. to execute. acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of S1250,000: (2) bid bonds for jobs where, if the contract is awarded, the SBAguaranteed performance andro payment bond(s) will not exceed $1,250.000: (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds). Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $2,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded. the performance and/or payment bond(s) will not exceed $2.000,000: and (5) all other bonds not exceeding the penal sum of $500,000. Provided. however. that BARBARATHIEL is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount equal to the amount of any letter of credit, or similar security. received as collateral security by the Company as an inducement to issue the bond: and to bind the Company thereby as fully and to the same extent as if such bonds were sioned by the President, sealed with the corporate seal of the Company and duly attested by its Secretary: hereby ratifying and confirming all that the said attorney -in -tact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CBIC BONDING AND INSURANCE COMPANY on January 15, 1991: RESOLVED that the President is authorized to appoint as attorney -in -fact of the Company BARBARA THIEL with power and authority to sion on behalf of the Company: (1) SBAguaranteed performance and payment bonds not exceeding the penal sum of S1,250.000: (2) bid bonds for jobs where. if the contract is awarded. the SBA guaranteed performance and/or payment bonds) will notexceed $1.250,000: (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity. Forgery and Surety Bonds (including future amendments thereto) as Judicial. Contract (excluding bid bonds). Miscellaneous. License anc Permit, and Federal not exceeding the penal sum of $2.000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed S2,000,000; and (5) all other bonds not exceeding the penal sum of $500.000. RESOLVED FURTHER that BARBARA THIEL is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit. or similar security. received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as it signed by the Secretary of the Company. Donald Sirkin. R. L. Thiel. Charles J. Falskow and Janet K. Lorraine. _ RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of the President. Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions may be by facsimile. — RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attorney -in -fact for CBIC BONDINGAND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CBIC BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 15th day of January, 1991. CBIC BONDING AND INSURANCE COMPANY "��s��` INS�g9� yrt' p�� • aP 0 q j• cc tb "_ S�:•VO F•'���xi e SEXY, A y. Steven A. Gaines, President STATE OF WASHINGTON—COUNTY OF KING r� 'l14S . I N G�� On this 15th day of January.1991. personally appeared S T EVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the tree and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year first above wr,.Vn K DA e� Notary Public in and for the State of The undersigned. acting under authority of the Board of Directors of CBIC BONDING AND INSURANCE COMPANY. herreoy certifies. as or in lieu of Certificate of the Secretary of CBIC BONDING AND INSURANCE COMPF)plX-fhet Mt bove and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company. and does hereby further certify that the said Power of Attorney is still in force hod effect. GIVEN under my han LA GUIN HYI,1,$ CA this 1 OTH day of ITUNE , 19 92 PoaBT02.05-US011591 4810-35 4-00236 DEPARTMENT OF THE TREASURY Fiscal Service (Dept. Circ. 570, 1991 - Rev., Supp. No. 1) SURETY COMPANIES ACCEPTABLE ON FEDERAL BONDS Contractor's Bonding and Insurance Company NOTICE The above mentioned company was listed in 56 FR 30139, July 1, 1991, as a surety company acceptable on Federal bonds. Federal bond -approving officers are hereby notified that Contractor's Bonding and Insurance Company is required by State law to conduct business in the State of California as CBIC Bonding and Insurance Company. a Federal bond -approving officers should annotate their reference copies of Treasury Circular 570, 1991 Revision, to indicate that CBIC Bonding and -Insurance Company is acceptable on Federal bonds in the State of California. Questions concerning this notice" -may be directed to the Department of the Treasury, Financial Management Service, Funds Management Division, Surety Bond Branch, Washington, D.C. 20227, telephone (202) 287-3921 or (202) 874-6850 (effec. July 27, 1991). Charles F: Schwan, III Director Funds Management Division DATED: July 1, 1991 Certified to be a true copy of the original. Signed Submitted to: Submitted by: Prepared by: Subject:. REQUE` FOR CITY COUNCIL ACTION-,--, -,to-Plate 51�q Date May 18, 1992 Honorable Mayor and City Council Michael T. Uberuaga, City Administrator Louis F. Sandoval, Director of Public Worl Ron Hagan, Director Community Services SKATEBOARD FACILITY; CC-830 APPROVED BY CITY COUNCIL CiT CLER Consistent with Council Policy? [ kYes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: QaLl STATEMENT OF ISSUE: Plans and Specifications for the construction of the Skateboard Facility in Murdy Park are complete. RECOMMENDATION: 1. Approve the Plans and Specifications and authorize the Director of Public Works to solicit construction bids., 2. Approve�-the attached Sample Contract, subject to .award of Contract to Council approved.lowest responsible Bidder. ANALYSIS: On July 29, 1991, Council authorized staff to have plans and specifications prepared for the construction of a Skateboard Facility in Murdy Park. The landscape architectural firm of Purkiss—Rose has completed the Plans and Specifications for the Skateboard Facility in Murdy Park (see Location Map). This facility is located in the southwest section of the Park. The project includes approximately 1,700 square feet of an oval shaped concrete ramped track for skateboarding, one additional park light, modifications to the existing irrigation system, and landscaping. Staff of the Community Development Department has determined that the environmental impact of this project is categorically exempt (see attached); therefore, the City can proceed to construct improvements as shown on the Plans. Furthermore, the passage of Measure "C" is not applicable to this project because the structure is isolated and not part of an "integrated" facility, as per memo from City Attorney dated January 11, 1991. Therefore, the Directors of Community Services and Public Works recommend approval of the Plans/Specifications, the sample construction Contract and, hereby request Council authorization to solicit bids for construction. P10 5/85 Request for Council Action Skateboard Facility; CC-830 May 18, 1992 Page two FUNDING SOURCE: The Landscape Architect's estimate for the construction of these improvements is $47,450. The funding source is the Community Development Block Grant (CDBG) Project funds and is contingent upon Council approval of the entire allocation of funds for FY 92/93. Once approved, the funds will be transferred to Fiscal Account E—SK—CS-614-6-39-00 (Murdy Park Improvements). ALTERNATIVE ACTION: Deny approval of Plans and Specifications and forego the construction of these improvements. ATTACHMENTS: 1. Sample City Funded Construction Contract 2. Project Location Maps 3. Categorical Exemption 4. Memo from Gail Hutton Regarding Measure C Issues. MTU:LFS: RH:gd 3204g/15&16 ri CENTER DRIVE CITY OF HUNTI NGTON IlEACH . ��..�t (- r, tJ (2c- Si�!> o BANNING AVE SAMPLE FEDERALLY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF A SKATEBOARD FACILITY IN MURDY PARK (CC-830) THIS AGREEMENT is made and entered into on this day of , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of a skateboard facility in Murdy Park in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK• ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its AJFk 4/92138 1 S A M P L E progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length AJFk 4/92138 2 S A M P L E herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. AJFk 4/92138 3 S A M P L E Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) calendar/working days from the execution of this Agreement by CITY, excluding delays provided for in Section 19 herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, AJFk 4/92138 4 S A M P L E details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost AJFk 4/92138 5 S A M P L E proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. AJFk 4/92138 6 S A M P L E 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. AJFk 4/92138 7 S A M P L E 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq., shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT -HOUR LAW - PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each worker employed hereunder by CONTRACTOR or any subcontractor for AJFk 4/92138 8 S A M P L E each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. AJFk 4/92138 9 S A M P L E 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages AJFk 4/92138 10 S A M P L E herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials reniiired by this Agreement to be furnished by CITY, or by damage ( ,ised by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then AJFk 4/92138 11 S A M P L E the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sale remedy of CONTRACTOR. 20. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized -as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; AJFk 4/92138 12 S A M P L E (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement— If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From AJFk 4/92138 13 S A M P L E each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifth percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit AJFk 4/92138 14 S A M P L E therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save AJFk 4/92138 15 S A M P L E and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorneys fees incurred by CITY in enforcing this obligation. 27. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability AJFk 4/92138 16 S A M P L E insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full _.force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required herein; said AJFk 4/92138 17 S A M P L E certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or___a_ copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on AJFk 4/92138 18 S A M P L E CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative and AJFk 4/92138 19 S A M P L E attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain,.modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Contract Provisions embodied herein are included in this Agreement in accordance with the provisions AJFk 4/92138 20 S A M P L E applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 276a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). AJFk 4/92138 21 S A M P L E CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment. (1) qualified __ -Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To assure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from inducing, by any means, any person employed in the construction, completion, or AJFk 4/92138 22 S A M P L E repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et. seq.) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act, each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided_that the worker. ---is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, AJFk 4/92138 23 S A M P L E on the date of Contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 C.F.R. 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act (42 USC Section 7401, et seq.) and Section 308 of the Federal Water Pollution Control Act (33 USC Section 1251, et seq.) and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) through (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United AJFk 4/92138 24 S A M P L E States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charger § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 47. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of .,.--,the State of California ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator Mayor APPROVED AS TO FORM: City AttorneyU v INITIATED AND APPROVED: Director of Public Works AJFk 4/92138 25 S A M P L E Notice of Exemption Appendix I To: ❑ Office of Planning and Research 14DO Tenth Strert, Room 121 Sacramento, CA 95814 ] County Clerk County of Orange 700 Civic Center Dr. Santa Ana, CA 92702 Project Title: Skateboard Area at Murdy Park From: (Public Agcncy) City of Huntington Bea( 2000 Main Street Huntington Beads;) CA 92648 Project Location - Specific: Murdy Park (southeast t✓orner of Norma Drive/Goldenwest Street) Project Location - City: Hunti ngi-c)n Reach Project Location - County: Orange Description of Project: Tngtallat-ion of skateboard ramps within the confines of 2Xist-inq recrQatic)nal _areas in Murd)z Park. — same of Public Agency Approving Project: City of Huntington Beach City Council Name of Person or Agency Carrying Out Project: City of Huntington Beach Public Works Dept. Exempt Status: (check one) ❑ Ministerial (Sec. 21080(b)(1); 15268); ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); �l Categorical Exemption. State type and section number: ❑ Statutory Exemptions. State code number: _Class 11. Section 15311 Reasons why project Is exempt: C'nnst rt�ction of skateboard ramp within the confines of an existing recreational facility area. Lead Agency Contact Person: Rand�, T-itzttenberger Area Code/Telephone/Extension: (714) 536-5242 if filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? ❑ Yes ❑ No Signature: Date: RI Signed by Lead Agency Date received for filing at OPR: ❑ Signed by Applicant Title: Revised October 1985 ELEMENTARY SCHOOL PLAY AREA NORMA DRIVE . PRE-SCHOOL PLAY AREA G. JUP PICNIC AND SHELTER H W W cc I— l co t - • to O - ORANGE COUNTY FLOOD CONTROL CHANNEL RECREATION CENTER TENNIS COURTS RESTROOMS L--fLOCATION OF NEW SKATEBOARD FACILITY J W z z Q - U J O i- z 0 U 0 O 0 J LL } H z_ C C; ` LL C: Z Q a C SIDEWALK CONFIGURATION N.T.S. f_ o \ \ \ j 2 _ Y ` L- "&U.- COOO. A ± a a ��a -g" N '' (.,) - � 1.-5 I1/u, �,a,1r►r.�►a��T" ��ti1f.�H \ \ � •. %, m � H C1,1 f2/r✓K� CD!-1G2�.T`I✓ �� k-!�•l-L-- �� IVHRH \ \\ I PPE4A-e-T cv+-4c. ry voLL, ,izD WIAO 0 ETCH IffI Q - k&T- , o LIGHT �1>4-�' \ � � �G-2 �Tx�--t - �� T� � ►�r,��- Imo' W��.1"c L'4 \. Nab Q` N A41►J H I� f EEC �d 1 NG Tc� To �• CITY OF HUNTINGTON BEACH 2 INTER -DEPARTMENT COMMUNICATION HV^TIrGTON BEACH Jim Engle, Acting Director From Gail Hutton Community Services City Attorney Subject Measure C Issues Date January 11, 1991 This is a follow-up to our opinions of September 12, September 14, and December 14, 1990, wherein we stated that construction of structures costing less than $100,000 are exempted from Measure C, but that the city cannot "piecemeal" a project into smaller phases just to evade Measure C. Measure C precludes various projects on any park or beach without majority votes of both the Council and the electorate. The measure has an exception for leases and agreements where services were being performed on January 1, 1989, and the proposed activity would not increase the amount of parkland being used. In addition, we advised that constitutional 'restrictions on impairment of contracts precluded applying Measure C to existing contracts. Unless a project falls within the exceptions, a vote of the people is required. Applying these principles to your further questions: 1. Youth Shelter If the youth shelter building is demolished, may a new building be constructed without a vote? Yes, as long as the amount of parkland is not increased. (See our Senior Center opinion of 9/14/90.) 2. HCP Handicapped Facility. Would a handicapped fishing/picnic/play area in Central Park with play equipment and fishing dock, each under $100,000, be excepted? Yes. The vote is required for a "structure" costing over $100,000. These appear to be isolated structures and not part of an integrated facility. (See our Save Our Parks opinion of 9/11/90.) Jim Engle Page 2 January 11, 1991 3'. Is expansion of the Newland Barn into areas fenced into the original project excepted? Yes. (See our 9/14/90 Senior Center opinion.) 4. Does the proposed Youth Sports Complex fall within the exception, since individual light poles, backstops, and snack bar are less than $100,000, but the entire lighting system, baseball field, and complex cost more than $100,000? No. As noted in the 9/14/90 analysis, a court would not look favorably on piecemeal contracts on an integrated project. Unlike the handicapped improvements in HCP, this project can only exist as an integrated facility. A vote appears to be required. %r Gail Hutton City Attorney GH:RCS:sg CC: Michael Uberuaga A NOTICE INVITING BIDS CC-830 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on J ,,,F t lol P19y at which time they will be opened publicly and read aloud in the Council Chambers for the 514�i an, io Llu=t? ',apis in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on Mpe,? t`k . 19412at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $ 3o.ou Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. of orde of 1 h City Council of the City of Huntington Beach, California the 1& Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: May 28, 1.992 June 4, 11, 1992 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 11 igg,_ at Costa Mesa, California Signature PUBLIC NOTICE NOTICE INVITING BIDS CC-830 Notice is hereby given i that sealed bids will be re- ceived by the City of Hun- tington Beach at the office of the City. Clerk at City Hall, 2000 Main Street, Huntington Beach, Califor- nia, until the hour of 2:00 p.m. on June 16, 1992, at which time they will bel opened publicly and read' aloud in the Council Cham- bers, for the Skateboard fa clilty in Murdy Park in the City of Huntington Beach. A set of plans, specifica- tions, and other contract. documents may be ob- tained on May 19, 1992 at the Department of Public. Works, 2000 Main Street,a Huntington Beach, Califor-i nia, upon receipt of a non refundable fee of $30.00. Each bid shall be made on the Proposal Form and In the manner provided In the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Hun- tington Beach. The Con- tractor shall, in the per- formance of the work and Improvements, conform to the Labor Code of the State of California- and other laws of the State of California applicable thereto, with the exception PUBLIC NOTICES only of such variations. that may be required under the tied as required by law. special statutes pursuant to . The City Council of the which proceedings hereun. City of Huntington Beach der are taken and which reserves the right to reject have not been superseded any or all bids. by the provisions of the By order of the City Coun- Labor Code. Preference to'cil of the City of Huntington' labor shall be given only in Beach, California the 18th the manner provided by day of May, 1992. law' Connie Brockway, No bid shall be consid- City Clerk of the City of ered unless It Is made on a,' form furnished by the City Huntington Beach of Huntington Beach and fs1 2000 Main Street (714) made in accordance with 536-5431 the provisions of the pro Published Huntington posai requirements. Beach Independent' May Each bidder must be li- censed and also prequall. 054 711 PROOF OF PUBLICATION I BID PROPOSAL vQALV V (!11UN Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the Construction of the Skateboard Facility in Murdy Park. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by—laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 1 lump sum Move in fencing, trailer, portable restroom. -luml) sum s m ^� 2 900 c.y. Demolition and rough grading (includes export of soil and debris �00- / materials. low C. 3 1700 s.f. Concrete paving natural gray concrete s. f. ADO, a P-1 i ITEM A►PROXW"TE ITEM WITH UNIT PRICE UNIT TOTAL No. QUANTITY Vf"ITT%W IN WOORDS rRICE 4 25 l.f. Concrete seatwall 12" high with integral color and light sandblast finish. l.f. 5 25 l.f. Concrete curved seatwall and ramp with integral color and light sandblast finish. 00 l.f. 6 25 l.f. Concrete battered wall with integral color and light sandblast finish. l.f. 7 35 l.f. Concrete curved ramp wall with integral color and light sandblast finish. �-J 2 8 1 ea. Concrete bench raised with integral color and light sandblast finish. 9 55 l.f. 6" concrete curb/wall with integral color and 1Q , light sandblast finish. 1, f. 10 109 l.f. Concrete walls with integral color and light f� sandblast finish - various height 6" - 24". q(►� l.f. 11 2 ea. Concrete bollard with integral color and acid etch finish - precast by Dura Art Stone. 00 ea. ` 12 2 ea. Concrete bollard collar with integral color and light sandblast finish. 13 2 ea. Concrete trench drain with metal cover (includes drain pipe installation and connection to existing drain box (core drill). ea. FM3 ITEM No. AIPNOXIUTATE QUANTITY ITEM WITH UNIT PRICE WRITTIIN IN WORDS UNIT rR1�E TOTAL 14 1 ea. Light standard, installation, connection to existing light standard. (includes trenching and extension of conduit). ea. 15 174 l.f. Concrete mowstrip 12" wide with steel trowel finish — natural gray. l.f. 16 1 lump sum Irrigation systems 17 1 ea. 30" box — includes backfill of planter area. 0 d" ea. 18 35 ea. 5 gallon shrub material �00 (297 ea. 19 4,200.00 s.f. Turf — sodded material. s.f. 20 4,360 s.f. Soil preparation and fine grading. s.f. 21 1 lump sum 60 day maintenance. IS lump sum 22 lump sum 30 day Plant Establishment Period 10 lump sum V Total Base Bid = 3 P-3 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less that those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract Is 150 calendar days If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is NOTICE: Insert the words "Cash,' "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in ace rdance with an act providing for the gistrition of /contract/ License No. I � Signature of Bidder Business AddressLqzffl &J f056� Place of Residence '-P,--A MSVA- Date this day of 19-1g:n-- Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature P-4 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached if necessary. 1. Firm Na 2. Address: 4. Type of firm -individual, partnership, or corporation: 5. Corporation organized under the laws /of__ the S to of: 6. Contractor's License Number: � Expiration Date: (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers, of the corporation: bN�a_"& ___Md16b 8. Number of years experience as a contractor in construction wort &4/g-5._ 9. List at least six projects completed as of recent date: CONTRACTOF AMOUNT WORK DATE NAME, ADDRESSPHONE COMPLETED'i NUMBER OF OWNER ./� I FT171"I'mr maps RIM- W9 AN R M, 10. List the na�„t�� per }wh�iect d the site of the proposed work for your firm: �) �j) JX� Date of Inspection: 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-5 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments ther"Oto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime con- tractor in or about the construction of the work or improvement in an amount in excess of one4off (%) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City Will be furnished copies of all sub -contracts entered into and bonds furnished by sub -contractor for this project. IN (This guaranty shall be executed by the successful bidder in accordance with instructions in the Special Provisions. The bidder may execute the guaranty on this page at the time of submitting his bid). GUARANTY To the City of Huntington Beach, Department of Public Works: PROJECT: SKATEBOARD FACILITY IN MURDY PARK The undersigned guarantees the construction and installation of the following work included in this project: Should any of the materials or equipment prove defective or should the work as a whole prove defective due to faulty workmanship, material furnished, or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance wit the plans and specifications, due to any of the above causes, all within 12 months after date on which this contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for it's expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a resonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. o Date P-7 0495G/74 SHEET1 OF 3 SHEETS CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: __ Skateboard Facility at Murdy Park - �� DEPARTMENT OF PUBLIC WORKS June 16, 1992 BIDS OPENED 19 ENGINEERS ESTIMATE $45,450 CC No 830 AHFP No HUA'TIYGTO+.8 H BIDDERS NO ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT- 1 Move in fencing, trailer, portable restroom. 1 L.S. 4006 4'o00•cx;) 240O_ lcq-5 19 �75•co 45. 2 Demolition and rough grading (includes export of soil and debris materials). 900 C.Y. � • co l0 3 7CO- � t��, Gb 3 Concrete paving natural gray concrete 1700 S.F. 4'w 61 Boo. Co 4 (r, eM. 0-9 0 L-3 _r; , M 7 820. co 4 Concrete seatwall 12" high with integral color and light sandblast finish 24 L.F. 4-D I .Ooo •c o q!5_ 3-/.scv1411� 3 705,oa 11S ` �875• �b 5 Concrete curved seatwall and ramp with integral color and light sandblast finish 25 L.F. 4D� �E .00 qS 46_75. ICS 2(PZE .OD 6 Concrete battered wall with integral colo and light sandblast finish 25 L.F. Z.` • 00 1 Z5 (2-S.op 91 2 Z?S. m 4o 7 Concrete curved ramp wall with integral color and light sandblast finigh 0,100. co IZC)� 4,2m. o'er gjl f 2 535. CD 2, I7o . oo 8 Concrete bench raised with integral color and light. sandblast color 1 EA. I CEZ 0 `^ _.� Zv!I 2 St .OD 5� 3 5c�o� 9 6" concrete curb/wall with integral color and light sandblast finish 55 L.F. Jpj" .99().CO &5 35575.x I*AVV 447•sD 4-51 014--6.6o - TOTALS SHEET.. -OF SHEETS Ji nCITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: Skateboard .Facility at Murdy Park e DEPARTMENT OFPUBLICWORKS ' June 16 92 $45,450 830 0 BIDS OPENED 19 ENGINEERS ESTIMATE CC NOAHFP N HUNTINGTON $EACH - - BIDDERS ",o'`' -� 61 ".6C.FIE No ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 10 Concrete walls with integral color and light sandblast finish - various height 6" - 24 109 L.F. �� 2 l eD• 0�-,) �P5 I IC85-00 64,1 -7t 1R4 . bo - 5 11 Concrete Bollard with integral color and acid etch finish - precast by Dura Art Stone 2 EA. S t 000.00 lizeyco gzo' 11 Co0• bo jzG6- 12 Concrete bollard collar with integral color and light sandblast finish 2 EA. lco- Oo . 4CD— &0.0::> ltoW. 00 � Cpoo.cb 13 Concrete trench drain with metal cover (includes drain pipe installation and connection to existing drain box (core drill) . 2 EA. 400- 8M.Cyo IZcn� 2 .� D 1, 337.E 2266- 00 14 Light standard, installation, connection to existing light standard (includes trenching and extension of conduit) 1 EA. 3 I C-900.00 pPto . Go 35m 3 15 Concrete mowstrip 12" wide with steel tro el finish - natural gray 174 L.F. r S • � (b^ I1 ?4O:oo 15*- ZGZ _ � D i 740-co 16 Irrigation systems 1 L.S. :Ebo. oo 0243 cx-> %O- 700. fiJ 7r :5� Gmm 17 130" box, includes backfill of planter are 1 EA. *)0•Cx> JAS6 #-:R>•c>z> 800'110 iTOTALS SHEETL OFs SHEETS CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR-.- Skateboard Facility .at Murdy Park DEPARTMENT OF PUBLIC WORKS June 16, 1992 $45,450 830 A H F P N FaiBIDS OPENED 19 ENGINEERS ESTIMATE CC No 0 HUNTINGTO% {EACH BIDDERS 40to COIS'Z'��C__r1 c_a No ITEMS OF WORK OUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 18 5 gallon shrub material 35 EA. &6-45. oo : ?-4j` 7M. m 2ci' -7no, op 19 Turf - sodded material 4,200 Q.2 ; I Off. Ep O• Z+ 3t0.00 0.$5 3,S70• orD d. 66 73o .pD 20 Soil preparation and fine grading 4,360 S.F.0.82 3 .OD A489��po 0-� 1 090.00 .40 44-.Oo 21 60 day maintenance 1 L . S . ( fir I _ew• co ?.S ' 7S oo 7R). OD 22 30 dav Plant Establishment Period 1 L.S. cm J oco • OO �0` O.0 c� 4w- Opp. OxD TOTALS I&?-,4-46. 00 '4) &0,0 igl/ g- Gr) 67 &Ee.00 SHEET1 OF s SHEETS CITY OFHUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR. Skateboard Facility at Murdy Park ' J� DE PARTMEN T OF PUBLIC WORKS BIOS OPENED June 16, 1992 19 ENGINEERS ESTIMATE $45,450 CC No 830 A H F P No HUNTINCT0% MACH BIDDERS,,-�-T� NO ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT- 1 Move in fencing, trailer, portable restroom. 1 L.S. 18r� 2 Demolition and rough grading (includes export of soil and debris materials). 900 C.Y.���•� 3 Concrete paving natural gray concrete 1700 S.F. 24$•CXD 4 Concrete seatwall 12" high with integral color and light sandblast finish 24 L.F. 5 Concrete curved seatwall and ramp with integral color and light sandblast finish 25 L.F. ga SS.OD 6 Concrete battered wall with integral color and light sandblast finish 25 L.F. ( 3 4'��0 • a? 7 Concrete curved ramp wall with integral color a light sandblast�` �34. +- 8 Concrete bench raised with integral color and light sandblast color 1 EA. co 9 6" concrete curb/wall with integral color and light sandblast finish 55 L.F. �38 . 3j ZI O.9 O [TOTALS SHEET.2-OF 3 SHEETS CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: Skateboard Facility at Murdy Park Ji DEPARTMENT OF PUBLIC WORKS BIDS OPENED June 16 19 92 ENGINEERS ESTIMATE $45,450 CC No 830 A H F P No HUNTINGTON "H BIDDERS Z,�s�-.�c�-rlo�J No ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 10 Concrete walls with integral color and light sandblast finish - various height 6" - 24 109 L.F. �1� q %33.%) 11 Concrete collard with integral color and acid etch finish - precastDura Art Stone 2 EA. �I� Z% Z.o 0 12 _by Concrete bollard collar with integral color and light sandblast finish 2 EA.� i1. Oo 13 Concrete trench drain with metal cover (includes drain pipe installation and connection to existing drain box (core drill) . 2 EA. sty, 14 Light standard, installation, connection fto existing light standard (.includes trenchi g and extension of conduit) 1 EA. 4 4 t'xO. oo 15 Concrete mowstrip 12" wide with steel tro el finish - natural gray 174 L.F. 0 '33 31Q=2a 16 Irrigation systems 1 L.S. 17 30" box, includes backfill of planter are 1 EA.�'� TOTALS SHEET' OF-2-SHEETS El . CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: Skateboard Facility at Murdy Park JAI DEPARTMEN T OF PUBLIC WORKS BIDS OPENED June 16, 1992 19 ENGINEERS ESTIMATE $45,450 CC No 830 0 AHFP N HUNTINGTON BEACH BIDDERSrz No ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 18 5 gallon shrub material 35 EA. 470 ' -75',.Oc 19 'Turf - sodded material 4,200 S.F.10 60• 00 20 Soil preparation and fine grading 4,360 S.F.4v 8N -2-0 21 60 day maintenance 1 L.S. p$p� p jeo, Oa 22 30 day Plant Establishment Period 1 L.S. 57&' Ca 7&-00 TOTALS 0-7 230-RO I Is NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being first duly sworn, deposes and says: 1. That he or she is of the party making the foregoing bid; / 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3. That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; 5. That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the ws of th of California, that the foregoing is true angY correct. , TTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HkRE. P-8 STATE OF CALIFORNIA SS. COUNTY OF Los Angeles f On this 7th day of June in the year 19 92, before me, the undersigned, a Notary Public in and for said State, personally appeared D. A. Brockman OFFICIAL SEAL , personally known to me. Lisa L. HOilemba8k (or proved to me on the basis of satisfactory evidence) to be the person_ whose name — NOTARY PPAL OFF UBLIC-CALI ONNIA is subscribed to the within instrument, and acknowledged to me that _he_ "�•�'' LOS ANGELES COUNTY executed it. � MY Commission Expires July 4, 1992 WITNESS my hand and official seal. ;t ACKNOWLEDGMENT—General-Not ry Public in and for said Stde. ' P 9209 e. IOW9r azusa call;,Mrnia 91770 .7N o Z',;2 v1u�lr,�ero�l.d� �OnlPr a�T� �Rr�BnaP� �u�,LrY �� ulbld -PAIL,�6s: �� IG@2�te rn