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Home My WebLink AboutEXCEL PAVING COMPANY - 1992-12-07 (2)WHEN RECORDED MAIL TO: 15- MAY-1995 09 : 03 AM CITY OF HUNTINGTON BEACH Office of the City Clerk Recorded in Official Records P. O. Box 190 of Orange County, California Huntington Beach, CA 92648 Gary L. Granville, Clerk -Recorder Page 1 of i Fees: $ 0.00 NOTICE OF COMPLETION Tax: $ 0.00 NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to EXCEL PAVING COMPANY who was the company thereon for doing the following work to -wit: 1993-94 FEDERAL COMBINED ROAD PROGRAM (CRP) PROJECT - RESURFACING OF 15 ARTERIAL HIGHWAYS or INTEREST: Easement Cr_ That said work was completed May 1,1995 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, May 1,1995. That upon said contract Federal Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 5nd day of May,1995. City C erk and ex-offici Clerk Of — of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this Sth day of May,1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:cc\nscplgs ,rr cHueB CHUBB GROUP OF INSURANCE COMPANIES ) i M(mrifai l Vlnw Howl. I'() Rn. 161r"), V mIn.n. Viol- lnl".r" 11;l11;1 1F;11., MAINTENANCE BOND FEDERAL INSURANCE COMPANY Bond No. 8135-28-50 Amount $ Included Know All Men By These Presents, That we, Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Two million six hundred ninety two thousand four hundred thirty/two 0@1& 0/100 ($ 2,692,432.10 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, 4xecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 16 day of December , A.D. nineteen hundred and 92 WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated December 7, 19 92,for Combined Road Program CC 851-858, 860-865, 866, and 867 ;and WHEREAS, the said Principal is required to guarantee the Improvements installed under said contract, against defects in materials or workmanship, which may develop during the period One year from the date of Project acceptance by the Obligee vou 14 J Form 1"2.0075 (Rev. 4.90) (over) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sus- tain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. APPROVED I.S TO FORM-o Excel Paving Company GE.T L 1it;Ts'OI�, Cit_- Attomey Principal By ° ?)aputy City Attorney ?� I r By: C)r�dMw� U. Brown Pre9dent 0 FEDERAL INSURANCE COMPANY k. By. Do las A. Iftp At orney in Fact STATE OF CALIFORNIA ss COUNTY OF _- On this day of �+� r^�_N�h{pr� In the year 19_` c� before tme, the undersigned, a Notary Public to and for said State, personalty appeared personally known to me O� iCinL SEAL (or pro €satis#acKevicterece} to be the person who executed the fllC I� tF C. C"AI'U'.'CH within instrument on behalf of the - Partnership named therein, and acknow Cc womio ledged to me that the -- Partnership executed It CGUNlY MY COWAISSION EXPIkES AUGUST 30, 1993 WITNESS my hand and otfic al seal Notary Public in and for said State. ACRHOWLEDG4ENr-Ge�� a Lkmetl P��rnrsMD-weudn Fan+ 736G—A�r S 02 x01912 WOLCOTTS. iNC Iprk+abs a 21 Certificate of Acknowledgement STATE OF CALIFORNIA County or Ora3gg OR Deefmber 16, 1992 beforeme, Christine M. Rapp, Notary Public personally appeared Douglas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the .rr, instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacily(ies), and that by as/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the Instrument. WITNESS my. hand and official seal.tt ;�• ((TM 119691133 (/T 'a' � NOWY Pl;BM - CALIF07NN Signature (seal) 3 =�,`�' orange Ccunry rfyCemm. EKoires dui 9.1996 sw?n-0.9 r rolm 1y POWER OF ATTORNEY Know_sll Men by these Presents. 'that the FEDERAL INSURANCE COMPANY. 15 Mountain View Road, Warren, New ,jersey, an Indiana Corpora- tion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California------- eachits true and Iewlul Attorney -in -Fact to execute under such designation in its name and to affix its Corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following Classes, to -wit: t Bondi and Undertakings (other than Bell Bonds) filed in any suit, matter or proceeding in any Court. or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in Such Bond or Undertaking 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations retating. to Customs or Internal Revenue; License and Permit Bonds or other Indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; fronds to Transportation Companies, Lost Instrument bonds; Lease bonds. Workers' Compensation bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials 3. Bonds on behalf of contractors in Connection with bids, proposals or contracts - 1n Wltrwm Wlrreol, dre aerd PEDERAL RlauRANCE COMPANY rk". Pursuant to in BrLawa- cauW it*" presents to be signed by its Vice President aria Asa m Secretary end a eorpon" saw 10 be Waso aid this 30th a'r' or June to 92 .. + .0 a ihVIA r% STATE OF NEW ,IERBEY as. County of Somerset FEDERAL RISUPANC[ COMPANY BY 107 zzafz� B D Drram Vwm Prewdur On me 30 C h day aI June to 92 . b _ me pwwcLwy sum. Richm D o,cww w w rm knoll+ aria by me known n a Aumam Sacraruy d ale FCDVLAL OdWRAMCE COMPANY, the coribarabw dMRtbw n and torah execum Ill toregong Power d Attorney, And the Bard Richard o O'Connor bang by nee duty ekwn. did depose area Bay the he A AUMBra SaGlMIrY of the FEW11AL MIBtIRANCE COMPANY and know the corporate a" wwwall. aw me a" wMAd to Ole breporp Power of Anorney is such conpor" sew and was VWM avrsad by autnonq Of the SYLO e of Sara Company. ally that he n9rhed Mid Power or Atwn ay as Assistant SecrewY of said Company by Isr owhomly, end Iha1 he rot aeqube"d with Jlmae D Dixon area knows mlm 10 be the Vrco PrsBdenl d add Company. afla Mat the eViature of said Jamse D Dimon subacnbea io dad Pyww of Harney e in tM penla,e hanawrairig or sad Jana) D Duron end was memo BubeameO by aulhamy d ua Brlawn am in deporierr'S presenoe NOWLei SW r�rrri AckMwieOpea area S n to betide me ' I 9n the dalS .aitterl 11O7ArtY J-T 41vC►1AK Hilary Public Notary ;Sub!-(.. S1alb of r'iaw /may 10 CErtTtP1cJBT1oN No 20913y512 M' STATE OF M JERSEY � SS. COmMISSrdn (operas Ad7 29, }M County of Somerset 1 1. V* unOWSWOa. Assatene Secmary or Ill FEDERAL INSURANCE COMPANY. do her" Cerldy that the toaorrrng rot a true axcerpt from the erL&wB dI the sad Company a$ adopa0 by eB Bond p Dxectpre on Mach 2. IM and That flra By -Low 4 in run torn and a1leel "ARTICLE xYDI Seaton 2 Ail b6tldL undartakrnps. corrracs end alter uahumgr= d1w then as abue br area on behwl Ot Me Comp" w?Kh it is BuMOICW by law of "charter Ib "Kula. may and SW be an"ea in the name And on behalf Of the Compaf y aabar by die Cnawman Or the Vice Chairman Or the Pre%*&na ot a Vice Proweru. tarry wah Via Socrnary ot an Airman Secrsury. udder afar respecire dss+pna .XM —cep[ roar any one or more onrprs w wictneys-in-W dearpnased h any rpagn+on or tta Board of Duecmra of Ill E»culrrr♦ Commrnee. Or n any Power Of ahorney e=acwea As padeO for in Seadn 3 cisiow, may execute any Such bores. tAWertakrig or other dblrpwron as p wicied In Nren mduhon or power d anorroy Section 3 Ali poaws Or wronrr br red an b~ dl a* Con N rMy uW ahaa be &*MAW in Vie nanr &V an DOW d trot eornpeny. erdw by vw Cr m or ow Vice Ctannan or the Presdera or a Vice Pr*Vft Or an AOAure vice Preadio . puWywllh the SK"Hery or an Assn— Seawary. wxW iner reaper edaepnetom The aqurure of such dhoers may be srlprrwd. Omitted or klnograpnea The ar LOO d each d me beowwo often : CAwimen. VMS Charrnan. Preedsnt. any woe Prss+dsni. any Assisi VC10 Presdrra. any ssc1011try any AssrtAnf SoaMlY and vita sew of mr Company may be atfi m by 4csmtie 10 arty Pawn d 8MWndV or W anyosrldicm refataV O Mo appomnQ Assamm Ssaeurw orAaarri ye r►Fact for popoe" only d emu" era W"OV bonds are Loosrwr+igs w4 an wnbripB obhDadry n the ftioWe tMred. and any such poaa d artofhey at oenrheate bi a such fACSrmde alp Mure a faearniAe sew ~ be AM and buhbrlg upon tM Comparry And any Such Paw so wociulW Ana eanrhod by Buell fanmNe erp ML" arW 4tentMdiet Shan be vWd Ally binding upon try Company with raapaCl to"band or WideRAimig I0011 Cfl it is anKhed" I furaw oMtay vw seal FEDERAL W$uRPJ= COMPANY is guy Ircenow No vw%w Idskty and surety buddies in each of Ill Stars d 1ha united Stun oI Amsrrca. Dathq Of Cpumba. Puerto Rico- Ana each or the Prwuips d Caruda wish ate arceprond Pry cis Eawara walla. area is SW duly lrcerlaea Ipbecome spa Su" on bards. undanakwMp. etc . pemrtiad or required bylaw 1. the unOers9rrd Assistant secretary of FEDERAL MURANCE COMPANY. do herobiY011im,y 11W the fbrapang Power of Anorney is in two rorce and effect �,V — T1 nhand WO my huW lh� Mal dar ad Company lw war ren. N J . 16 dory ill Deccan e r . tp 92 c. �kDtAN�� a.90) GENERAL fFQFlMEgLY 21 iD-Q=) t CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUMINCMN iUCN TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% R TEN.TION PAYMENT CC IJAIA�" c C-C, S DATE: — I T1 `Ct S The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 1 0% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. ;UL44�AN. V LELLA, Director of Finance I certify that no stop notices are on file on the subject at thi!t-4 Date: LES ,PONES, P !ic o s Director 1 I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: S CONNIE BROCKWAY, y Clerk I certify that there are no outstanding invoices on file. Date: i 9S , r�'�w�� DON WATSON, City Treasurer 0011042.01 03114/95 12:57 PM r" CHUBB GROUP OF INSURANCE COMPANIES FEDERAL INSURANCE COMPANY MAINTENANCE BOND Bond No. 8135--28-50 Amount S Included Know All Men By These Presents, That we, Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Two million six hundred ninety two thousand four hundred thirty/two 1Nfh40/100 (g 2,692,432.10 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents_ Sealed with our seals and dated this 16 day of December A-D nineteen hundred and 92 WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated December 7, 19 92,for Combined Road Program CC 851-858, 860-865, 866, and 867 and WHEREAS. the said Principal is required to guarantee the Improvements installed under said contract, against defects in materials or workmanship, which may develop during the period One year from the date of Project acceptance by the Obligee Fo,- 15 02 0075 fRP1 A 90► (over) vn'NIFo IN U 5 A CITY OF HUNTINGTON BEACH 2000 Main Street Les M. Jones II Director June 5, 1995 Bob Collins Excel Paving Company 2230 Lemon Avenue Long Beach, California 90806-5195 P.O. Box 1 90 Calif o r n i a 9 2 6 4 8 Public Works Department (714) 536-5431 Subject: 1993-94 CRP Project - Resurfacing of 15 Arterial Highways Dear Mr. Collins: The following items must be filed with our City Clerk and City Attorney's Office before the City can relieve Excel Paving Company from their contract obligation and release any remaining retention funds. Enclosed are extra forms. Please attend to these items as soon as possible, for they are necessary in completing this project. 1. An affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors have been paid in full and that there are no outstanding claims against this project. 2. A Certificate of Compliance form must be signed at the completion of work and returned to this office. Should you have any questions regarding these items, please call me at (714) 536-5423. yours, Robert A. Martinez Project Coordinator RAM:sar Enclosure: Certificate of Compliance Declaration of Satisfaction and Claims 0012456.01 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 1993-1994 CRP PROJECT - RESURFACING OF 15 ARTERIAL HIGHWAYS Project No. Tit e hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title C.P. BROWN, PRESIDENT DECLARATION OF SATISFACTION OF CLAIMS EXCEL PAVING COMPANY , state Name of Contrac or 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled 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") "NONE" I declare under penalty of perjury that the foregoing is true and correct. Executed at LONG BEACH on this 30th day of JUNE , 1995 Cr (Signature of Contractor CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 31, 1992 Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 CALIFORNIA 92648 RE: Construction of reconstruction/resurfacing of 15 streets, Lake/Slater/ Gothard/Atlanta/Newland/Main/Ellis/Graham/ , PROJECT CC-851-858, CC-860-864 Warner, etc. CC-866-867 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- 5 3"2 271 Council/Agency Meeting Held:. r!1 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied S4402 ICAJ&4 14'"1130& City Clerk's Signa ure Council Meeting Date- May 1, 1995 Department ID Number: PW-019 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administra PREPARED BY: LES M_ JONES II, Director of Public Works SUBJECT: REQUEST TO FILE NOTICE OF COMPLETION FOR THE 1993-94 CRP PROJECT - RESURFACING OF 15 ARTERIAL HIGHWAYS. Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental St us. Attachment(s) Statement of Issue: Excel Paving Company has completed their contract to resurface 15 arterial highways, all of which are associated with the Federal Combined Road Program (CRP). Funding Source: Approximately 85% of the project is being funded through the Federal Combined Road Program by ISTEA (Intermodal Surface Transportation Efficiency Act) grant funds_ Sufficient Gas Tax funds were budgeted at the time City Council awarded this project on December 7, 1992. As this project has been underway for two fiscal years, the original appropriated Gas Tax funds were returned to the undesignated fund balance and will have to be reappropriated. The final federal and City participation amounts will not be determined until all fifteen street jobs within this project are finalized and accepted by the Federal Highway Administration. Therefore the exact amount of Gas Tax funds to be transferred into the project account is currently unknown. Staff is in the process of obtaining final federal approval on this project and estimates the final cost to the City to be approximately $475,000. Recommended Action: 1 Authorize the Director of Finance to transfer an amount not to exceed $500.000 from the undesignated Gas Tax fund balance into the project account (E-BC-PW-410-6-32-00) to cover the City's portion of the project cost; and 2. Accept the street improvements (as indicated above) completed by Excel Paving Company at a final cost of $2,859,497.58, and (� 3_ Authorize the City Clerk to file a Notice of Completion and instruct the City Clerk's office to release the Corporate Surety Bond after the normal 35 day retention period, receipt of the Declaration of Satisfaction of Claims, and Certificate of Compliance_ Alternative Action(s): Not Applicable. Analysis: On December 7, 1992, Council awarded a contract to Excel Paving Company in the amount of $2,692,432.10, along with $270,000 to cover anticipated change orders and $37,567.90 for Supplemental Expenses for a total of $3,000,000 to reconstruct and place an asphalt overlay on 15 arterial highways. Construction of these improvements is now complete, per the approved plans and specifications; therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of completed street names, limits, and the final cost of each arterial highway included in this project - Street Name Limits ISTEA No. Final Contract CC # Cost Lake Street PCH to Orange STPL-5181 (005) $96,059.67 851 Slater Avenue Golden West to Beach STPL-5181 (007) $170,375.56 852 Gothard Street Edinger to Heil STPL-5181 (006) $137,555.70 853 Lake Street Orange to Utica STPL-5181 (018) $379,753.70 854 Atlanta Avenue Magnolia to Brookhurst STPL-5181 (002) $295,666.91 855 Newland Street Garfield to Talbert STPL-5181 (001) $217,022.63 856 Newland Street Talbert to Heil STPL-5181 (003) $446,947.96 857 Main Street Huntington to Delaware STPL-5181 (004) $137,539.69 858 Newland Street Yorktown to Garfield STPL-5181 (011) $116,731.47 860 Ellis Avenue Beach to Chapel STPL-5181 (012) $48,391.01 861 Graham Street Edinger to Heil STPL-5181 (013) $259,223.07 862 Warner Avenue PCH to Edgewater STPL-5181 (014) $153,053.75 863 McFadden Avenue Edwards to Golden West STPL-5181 (015) $145,071.01 864 Indianapolis Avenue Delaware to Beach STPL-5181 (016) $178,407 46 866 Atlanta Avenue Alabama to Delaware STPL-5181 (017) $77,697 81 867 Subtotal $2,859,497.58 The following is a summary of project costs: Contract Amount= Anticipated Change Orders Subtotal Council Approved $2,692,432.10 $270,000.00 $2,962,432.10 Actual Expenditures $2,692,432.10 $167,065 48 " $2,859,497.58 Supplemental Expenses: $37,567.90 $159,915.02 Total: $3,000,000.00 $3,019,412.60 REQUEST FOR COUNCIL ACTION MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: The Director of Public Works was authorized to spend up to 10% in additional funds above the cost of the contract amount for unforeseen work such as over -excavation of asphalt concrete and aggregate base, increases in asphalt concrete, concrete curb and gutter, additional pavement grinding, reinforcing fabric, traffic signal detector loops and conduits, pull box stub cuts, and traffic barricade maintenance. The final change order percentage was 6.21 % of the contract cost. '! Per the approved December 7, 1992, Request for City Council Action, the Director of Public Works was authorized to spend up to $37,567.90, or 1.2% of the anticipated construction cost (including change orders), in additional funds above the cost of the contract amount to cover soil testing, lab work and other related supplemental expenses. This amount shown on the RCA was an error by staff and indicated the expected cost to the City after federal reimbursements. As supplemental expenses typically range from 5% to 10% of the anticipated construction cost, Public Works and Finance staff agreed that this amount was an unintentional mistake and would be corrected in the final RCA of the project. Therefore, the correct amount should have been between $135,000 and $269,000. The final supplemental amount of $159,915.05, or 5.6% of final construction cost, was well within normal ranges_ The federal government will fund approximately 85% of these costs. The grand total cost of the project including contractor construction cost, supplemental cost, City striping and marking cost, and City construction administration cost is $3,349,238. Of this amount, it is estimated that $2,874,089 (85.8%) will be covered by federal ISTEA funds and the remaining $475,148 (14.2%) will be paid with City Gas Tax funds Environmental Status: Not Applicable. Attachments Project location Map City Clerk's Page Number 0011316.02 -2- 04/19/95 8:11 AM ��,4M C'Cm �Z ac s.t l �I F7 C�7 7 t :"Az, Ie 958 c �7 c7 �'SS PROJECT LOCH TON MA P H CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON U4CH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED APPROPRIATION FOR CITY'S PARTICIPATION TOWARDS FEDERAL HIGHWAY PROJECT, FIS 95-25 DATE: APRIL 4, 1995 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $500,000 to provide City's required participation in the 85°% Federally funded project dealing with the resurfacing of 15 arterial highways. Upon approval of the City Council, the balance of the unaudited, undesignated Gas Tax Fund would be reduced to $116,000. A 50'BE T J. Deputy City RJF: skd nistrator 0011480.01 041051951013 AM CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Mays, 1995 Gary L. Granville, County Clerk -Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, Connie Brockway City Clerk CB -cc Enclosures s WsepuU Mlaphone: 71453"2271 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to EXCEL PAVING COMPANY who was the company thereon for doing the following work to -wit: 1993-94 FEDERAL COMBINED ROAD PROGRAM (CRP) PROJECT - RESURFACING OF 15 ARTERIAL HIGHWAYS INTEREST: Easement That said work was completed May 1, 1995 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, May 1, 1995. That upon said contract Federal Insurance Company was surety for the bond given by the said company as required by law_ This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 5nd day of May, 1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss- City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 5th day of May, 1995.. City Clerk and ex-ofiicio Clerk of the City Council of the City of Huntington Beach, California B W-PISS I have received Performance Bonds, Payment Bond 6 Maintenance Bond for Excell Paving Company, reconstruction/ resurfacing of 15 streets Lake/Slater/;; Gothard/Atlanta/Newland/Main/Ellis/Graham/Warner, etc., CC-851-858, CC-860-864, CC on behalf of the Treasurer's Office. Dated /- y i y /� CHUBB GROUP OF INSURANCE COMPANIES e'o toy cf-ruee Ir, m('11nlani ,/I, . Iin.,'I I' I;,, II. I'. ,-„ I PERFORMANCE BOND FEDERAL INSURANCE COMPANY Bond No. 8135-28-50 Amount $ 12,001.00 Know All Men By These Presents, That we, Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Two million six hundred ninety two thousand four hundred thirty two and 10/100____ ------------------- —------- -------------- -------------- Dollars ($ 2,692,432.10 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 16 day of December WHEREAS, the Principal entered into a certain Contract with the Obligee, dated December 7 for Combined Road Program CC-851-858, 860-865, 866, and 867 1992 �� in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Con- tract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: PRINTED Form 15-02-0001 (Rev 4.90) (over) M-09599 USA IN Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. APPROVED AS TO FORM: GAIL HUTTON, City Attorney By: Deputy City Attorney Excel Paving Company Principal By: C. -� C.P.-roan President FEDERAL INSURANCE COMPANY By: DbuggsA. Ra Attorney in Fact Certificate of Acknowledgement STATE OF CALIFORNIA County of Orange_ On December 16 1992 before me, Christine M. Rapp, Notary Publ.i.c personally appeared Douglas A. Rap personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ' CHRISTI1tE IA. RAPP U Conlrri, tf 969193 Signature b{Seal) 3 ��`-'��'�Y'il NOTARYPU'3LIC-CALIFORNIA CranEe Curry M J.':_ "' icy Co-..m 1 360772.6-91 F'c7t "`c��'�: :��r�y- .ram Yc.� •� STATE OF CALIFORNIA COUNTY OF �7' OUICIAL SEAL U!C ; LE E. DRAKULICN •.'/ ��;rir.f!YE•t GrF:IE IN CL::S COUNTY MY-COlAMIS;IOIv EXPIRES AUGUST 30, 1993 ss. On this day of ��'=4Y-?'� in the year 19_!i�. before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me for deuce) to be the person who executed the within Instrument on behalf of the - ' Partnership named therein. and acknow- ledged to me that the - ' - partnership executed it. WITNESS my hand and official seal 'Li c A- C - Notary Public In and for said State ACKNOWLE0G1AENT-GAna;1 Of WNW P3rtn8rtn91-W0kC0f1 Form 236CA-RAY 5 82 K:t962WOLCOr7S.INC (praAc4st6.2) �•, =' POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora- tion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California---------- eachits true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this Anth day of T»na 19 92 STATE OF NEW JERSEY as. County of Somerset FEDERAL INSURANCE COMPANY By rD. Dixon Vice President On axle 30 th day w June t9 92 , before me personally came Richard D. O'Corm" me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the corporation described In and which executed the foregoing Power of Attorney, and the said Richard D. O'Connor being by me duly sawn, did depose and say that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seat affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the ByWn of said Company, end that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with James D. Dixon and knows him to be the Vice President of said Company, and that the signature of said James D. Dixon subscribed to said Power of Attorney is in the genuine handwriting of said James D. Dixon and was thereto subscribed by authority of said By -Lowe and in deponenl'e presence. Notarial Seal Neat+nhyyx ,><('i�,,,,,,k� Acknowledged and S rn to before me $ �Y3 9n the date written.NOTARY BFla - / .41YCtIAK Notary Public Notary Public, Stale of Net Isnry CERTIFICATION arw A No. 2091352 STATE OF NEW JERSEY ss Commission Expires Ady ps W4 County of Somerset 1, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 2, 1990 and that this By -Law is in full force and effect. "ARTICLE XVIII. Seaton 2. All bonds. undertakings, contracts and other instruments other than as above for and on behalf of the Company which It Is authorized by law or Its charter to execute, may and shell be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any, power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation se provided In such resolution or power of attorney. Section a As powers of @Homy for and on behalf of the Company may and WWI be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a vice President or an Assistant Via President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. of thebllowi officers: Chairman, Vice Chairman, President, a Via President, a Assistant Vise President, affixed The signature of each n9 rely y airy Secretary. any Assistant Secretary orb the seal of the Company maybe affised by facsimile toay power of attorney, or to arty arlificate relating thersto appointing Assistant Secretaries or for purposaa only of executing and attesting bonds and undertakings and other writings obligatory M the nature thereof, and any such power of attorney or and heats beanng such facsimile signature or facsimile seal shell be valid and binding upon the Company and arty such power so executed and certified by such facsimile signature and facsimile sesl shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I further arty that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business In each of the Stales of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. 1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby arty that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said company at warren, N.J., this 16 day m December 18 92 Assistant cretsry IERAL (FORMERLY 21-10-0333) PRh(�TE0 U A CHUBB GROUP OF INSURANCE COMPANIES CHl..1BIB 15 Mounlain View Road, P 0 Rox 16 15. U✓al'IRII. IVrrw ,I11I1�1'y nif)CI IR11, Bond No. 8135-28-50 That we, PAYMENT BOND FEDERAL INSURANCE COMPANY Amount $ Included Know All Men By These Presents, Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the penal sum of Two Million six hundred ninety two thousand four hundred thirty two and 10/100--- -------------------------------------------------- Dollars► ($ 2,692,432.10 ), for the payment of which we, 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 entered into a certain (contract with the Obligee, dated December 7 1992 for Combined Road Program CC-851-858, 860-865, 866, and 867 in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall pay all lawful claims of sub -contractors, materialmen, or laborers for labor performed or materials furnished directly to the Prin- cipal, in the performance of said Contract, we agreeing that this bond shall be for the benefit of any sub -contractor, materialmen or laborer having a just claim, then this obligation shall be void; otherwise to remain in full force and effect, subject, however to the following condition: No suit or action shall be commenced hereunder by any claimant: a) After the expiration of one (1) year following the date on .which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. PRINNTED Form 15-02-0009 (Rev. 4-90) (over) M-09601 U.S.A. b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. Sealed with our seals and dated this 16 day of December 1992 Excel Paving Company Principal By: APPROVED AS TO FORM: C _� ► 'GAIL HUTTON,9, City Attorney LPG grown President By,i Deputy City Attorney FEDERAL INSURANCE COMPANY �z. y3,Kv By. Doug A. Rapp Atto ey in Fact Certificate of Acktiowledgentent STATE OF CALIFORNIA County of Oran On December 16, 1992 before me, Christine M. Rstpp, Notary Public personally appeared Douglas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the 1mrson(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacily(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r CHRiSTRIE M, RAPP o-,.. „�22 ,� y'• con•.m 9 969193 3 i NOTARY FJBL IC - CALIFORN'A D Signature 2 (Seal) d Orange County My Co, nrn. Fap:res !-iI, 9, ? 996 � aeo�r2eet STATE OF CALIFORNIA COUNTY OF r" r• -?� 07ICIAL SEAL V..`_I1.:LE E. 1,1"A;,UUCN CULNlY MY.40Mr.:IS51CN EX�-Ili�j h4:,U5T 30, 1493 ss On this day of 1C _--�- . in the year l9_',1_ before me, the undersigned, a Notary Public In and for said State, personally appeared Excel Pwiim, eftr personally known to me (or tstastoy+ evdfertcej to be the person who executed the within instrument on behalf of the Partnership named therein, and acknow- ledged to me that the - Partnership executed il. WITNESS my hand and offic al seal f l Notary Public in and for said State, C%NDWLEDGM[R1—GMera1 a LrMep PirtnershRp—wokens lam 2WA—Rev s•ez AJ it s:i9e2w0LCATrs.INC Ia4a hacs9.2I JI ' = POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora - lion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California---------- eachits true and lawful -Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relatin. to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 30th der o1 June 19 92 FEDERAL INSURANCE COMPANY By J es D. Dixon Vies President STATE OF NEW JERSEY County of Somerset I . On this 3 0 th day or June 19 92 , before me personalty came Richard D. O'Connor4o me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By;Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with James D. Dixon and knows him to be the Vice President of said Company, and that the signature of said James D. Dixon subscribed to said Power of Attorney is in the genuine handwriting of said James D. Dixon and was thereto subscribed by authority of said Bylaws and in deponem's presence. Notarial Seal nn .it hlhv d`aCan5.�1 1 Acknowledged and S rn to before me 8yc gn the date a written. ! NOTARY {{ P �� =•'��-� /41'Vt:HAK Notary Public y \ . 1E1y go Notary Public, State of Pisw jwwv ,J� Iu'�w , CERTIFICATION No. 2091352 STATE OF NEW JERSEY Commission Expires JY "a fa SS. County of Somerset I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the Bylaws of the said Company as adopted by its Board of Directors on March 2, 1990 and that this By -Low is in full force and effect. "ARTICLE xVlll. Section 2. AN bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section a All powers of attorney for and on behaff ol the Company may and shall beexecuted in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice Presiders or an Assistant Vice President, pimty with the Secretaryor an Assistirs Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman, President, any Vice President, any Assistant Vice President, ary Secretary, ary Assistant Secretary and the seal of the Company may be affixed by facsimile to arty power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attarrwysin-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached" I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. I. the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney Is In full force and effect. Given under my, hand and the seal of said Company at Warren, N.J , tERAL (FORMERLY 21-10-0333) t9 92 PRINTED U. A. toil "W10 Ir STATE OF CALIFORNIA--BUSINESS AND TRANSPORTATION AGENCY PETE WILSON. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET z �_ SANTA ANA. CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Project -No. Program Supplement No. service Agreement No. STPL-5181(001) 023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 , January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. Attachments Sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 1-1 2501 Pullman Street Santa Ana, CA 927CS Ca 1 tran s District 12 Phone: (714) 724.2007 FAX: (714) 724-201 9 FAX TRANSMISSION To: ,,,,4 rwa �%B13 _ , f 1 •� 9J A, �O,t/BOis C]LOhS✓50+�/ L a++L cSi�i!a`l5 4V4,r)S Reference: nnaaae(3s: EX9�Mr • r usz� /fuTliaRi erF'T.otiJ ��.A. � �vu,..i�� 5 Foe Yoa'e- .-sre A :$;)a r°•vc-}- R70 D// r- DO /� O D (o A/s•� OY�ty' /F T / S, , 771exe- S-4- ssdw --uf' o�/ t'o�rlZ / a4 xij 3cfo%_C MtuT fb2 wit cN P2* i . 9�'4d!)tX6 6oR"01 77A,e ems- ` rO Z- 17,651- 1,1v6 -fM✓e . %r& EYEwrr� �i¢os stipr� Sur��,• *rr.r ST.¢r� 72e977 W s riir-� f� 4�FM�T$ G✓67UC ��L-�'-� ON �Zf��A'}'r, /� �Z"Q3' TP Page: f of Z' TI-_t +11:t Iri:0,CJE.-T I-F-JIT is TE ._ t u:71.7-72.+.ts462 P21 SAN-12-9.s TUE 15:01 `PROGRAM aLw p LOCAL AO FOR FEDERAL - CALTRANS L�J. PROGRMS 4Eli9�NA . 021 ATE AGREEMENT 71 C B NO. 12-5328 PROGRAM SUPPLEli£NT NO. V37 to LOCAL AGENCY -STATE AGREE149NT FOR FEDERAL -AID PROJECTS NO. 1.2-5181 pROGAAM SUPPLEMENT NO. 036 to LOCAL AGENCY-STXTE AGREEMENT FOR rEDrRAL-AID PROJECTS NO. 12-5181 FAH NO. 918321005,' P.02 Date a an,\�,ary 12 1993 Lncationt lZ- O - :GR Project Numbers ST - 28(001) NR,4 X.A. Number -4U105 Date: January 12, 3.903 Location: 12-ORA-0-IiNTIi ProjaCt Number: STPL-5191(018) t4rAJE.A. Numbers Dates Janu"'y 12, 1493 LoCatian: 12-ORA-0-IINTB Project Nunbort STPL-5181(017) Ho-i E.A. Numbert 12_-•401a34 Datet January 12, 1993 PROGRAM SUPPLEMENT NO. 035 Location: 12-ORA-0-IiNTB to Project Numbert STPL-5181(015) LOCAL AGENCY -STATE AGREEMENT Sew E.A. Numbert 1�401,UA FOR FEDERAL -AID PROJECTO No. 12-5181 Dates January 12, 1993 PROGRAM SUPPLEMENT NO. 034 L004tiont 12--OTtA-0-hNTB to Project Numbers STPL-51a1(015) LOCAL AGENCY -STATE AGREEMENT lmr-,VE.A. blumberr 12=&Q1014 FOR PEDrRAL-AID PROJECTS No. 12-51B1 bate: January 12, 1993 PROORm SUPPLEMENT NO. 033 Location; 12-ORA-0-HIM to 'Project Number: sTPT..h-5181(014) LOCAL AOENCY-STNTE AGREI!lQENT 40 J E.A. Vu.Mbert 12-40IQ04 FOR FEDERAL -AID PROJECTS NO. 1?--181� - L w --- Q D Ot! Dater Ja..aary 12, 1993 PROGRAM SUPPLEMENT NO. 032 ' Locationt l2-OkA-0-IiNTB to Project Number: IM6,14)E.A. STPL-5181(013) LOCAL AGENCY -STATE A.;rILEMZNT Number: 12-40099g f pR TVPrRAL-AID FROZZCTS NO. 12-5181 Dates Jsnurry 12, 1993 PROGRAM SUPPLEMENT NO. 031 LCCatiobt 12-CAA-0-HNTA to Project Number: STPL-5.L81(012) LOCAL AGENCY -STATE AGRERMENT ,4GItiJE.A. Number: 12-400984 'OR FEDERAL -AID kROJECTS NO. 12-5191 4) Datet .7anuary 12, 1093 PROfAA?i OUVPLEMENT 110. 030 Location: 1Z-ORh-D-I` HTB to Project Numbert Im6-.)E.A- STPL-5181(011) - LOCAL AGENCY -STATE AGREEMENT Number: 12-400974 FOR FEQ£RAL� AID PROJECT8 140. 12-51BI _= L - tAho 0 o 97V Date: January 12, 1993 PROGRAM SUPPLEMENT NO. 029 I Le-oations 12-ORA-0-IINTD to 1 Project Number: STPL-5181(OC7) LOCAL AGENCY -STATE AGREEMENT &v,/E.A. HuMbert 12-4009d4 OR rFVERAL-RID PROaVCTv NO. 12-5191 "- &Uto y0v�01 his PrograT Supplement is hereby incorporated into the Local Agency -State �~+ent for Federal Aid whi_h was entcred into between the Local Agency d th State on 02/06/78 and is subject to all the terms and conditions hr 1. TAIs Program Supplement is adopted in accordance with Paragrapb 2 f Article 11 of the .1�01'C:.7pTtl.101:r:-i1 Mf1f�t'-CY hnrnnMn.+- '•"' - - STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Go-*rnor DEPARTMENT OF TRANSPORTATION DISTRICT 12,� 2501 PULL MAN STREET SANiA ANA. CA 97705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City:of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Project No. Program Supplement No. Service Agreement No. 'STPL-5181(001) ('023 ', 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 121A101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page - Two .1f you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE kGREEMENT Contract No. 12LA090 STPL-5181(001) 12-ORA-0-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this = day of R -*,e , 199;, by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Newland Street from Garfield Avenue to Talbert Avenue. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: i SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost Federal Funds City Funds* $ 1,000.00 $ 616.00 $ 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 SECTION II LOCAL -AGENCY AGRCES� I. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this -Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 SECTION III IT _IS MUTUALLY_ UNDERSTOODAND AGREED_ i. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 F IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY , -Vor Deputy District Director Project Management k -- --I -- = 3 DATE CITY OF HUNTINGTON BEACH RE CONNPE/BROCKWAY, CITY CLERK. ATTESTby: TITLE pPp, C,fi� C1crK 5 41 • PROGRAM SUPPLEMENT NO. 023 k to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5181 Date: October 30, 1992 Location: 12-ORA-0-HNTB Project Number: STPL-5181(001) E.A. Number: 12-400614 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: NEWLAND STREET FROM GARFIELD AVENUE TO TALBERT AVENUE TYPE OF WORK: PAVEMENT REHABILITATION PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [X] Construction Engineering [X] Construction LENGTH: 1.0 (MILES) Estimated Cost Federal Funds Matching Funds Local OTHER OTHER $ 516000 33C $ 456814 $ 59186 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEAC?f By Date Attest ,m- Q,agatzz. Title Deputy City Clerk STATE OF CALIFORNIA Department of Transportation IL By Yo ( DISTRICT DIRECTOR, DISTRICT 12 Date 1 t " I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offi Chapter Statutes I Item 587 1992 2660-101-890 Date A.30.g2w$ 456814.00 Yea Program 1BC1 Fund Source AMOUNT 92-93 20.30.010.810 C 262040 892-F 456814.00 Page 1 of 2 12-ORA-0-HNTB STPL-5181(001) DATE: 10/30/92 PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 STATE OF CALIFORNIA--BUSINESS AND TRANSPORTATION AGENCY PETE WILSON. Go.ern01 DEPARTMENT OF TRANSPORTATION - DISTRICT 12� 2501 PULLMAN STREET SANTA ANA• CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000' Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Proiect No. Program Supplement No, service agreement ]10. STPL-5181(001) 023 12LA090 STPL-5181(00i) 024 `12LA091 j - -J STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE AGREEMENT Contract No. 12LA091 STPL-5181(002) 12-ORA-O-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this day of� 19�,1%v1� by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Atlanta Avenue from Magnolia Street to Brookhurst Street. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: i r SECTION I STATE AGREES: - I. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Jotal Cost Federal Funds Cil,y Funds* $ 1,000.00 S 616.00 $ 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. N SECTIQN I1 LOCAL AGEH Y AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section 1, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 SECTION III IT IS MUTUALLY UNDERSTOOD AND -AGREED: 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY S f Deputy District Director Project Management � - -I - CO DATE CITY OF HUNTINGTON BEACH BY CONNIE BROCKWAY, CITY CLERK ATTEST by: l3u C TITLE Deputy City Clerk 5 jar 4 Date: October 29, 1992 PROGRAM SUPPLEMENT NO. 024 Location: 12-ORA-0-HNTB W to Project Number: STPLDB-5181(002) LOCAL AGENCY -STATE AGREEMENT E.A. Number: 12-400684 FOR FEDERAL -AID PROJECTS NO. 12-5181 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: ATLANTA AVENUE FROM MAGNOLIA STREET TO BROOKHURST STREET TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 1.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds I Matching Funds Local OTHER OTHER $ 867600 35B $ 768086 $ 99514 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEACH By Date Attest Title Deputy City Clerk STATE OF CALIFORNIA Department of Transportation By S (DISTRICT DIRECTOR, DISTRICT 12 Date k .-- -1 ^ 13 I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office Date /d• ZIF• 1- Z $ 768086.00 Chapter Statutes I Item Year 4011F Program 18C1 Fund Source I AMOUNT 587 1992 2660-101-890 92-93 20.30.010.810 C 262040 892-F 768086.00 Page 1 of 2 12-ORA-0-HNTB STPLDB-5181(002) DATE: 10/29/92 PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 ' r < ESTATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON. Go.*rrw DEPARTMENT OF TRANSPORTATION ; DISTRICT 12 •4 a 2501 PULLMAN STREET SANTA ANA, CA '92705 January 7, 1992 I Mr..Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to .the Local Agency - State Agreement for the following ISTEA Projects: Project No. Program Supplement No. Service Agreement No. STPL-5181(001) 023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003)j 025'. '12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 121A102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr.'Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE AGREEMENT Contract No. 12LA092 STPL-5181(003) 12-ORA-O-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this _7�H day o�r, 1993,E by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Newland Street from Talbert Avenue to Heil Avenue. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: 1 SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost Federal Funds City Funds* $ 1,000.00 $ 616.00 $ 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 SECTION I1 LOCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within I4 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 0 SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. KI 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY ( Deputy District Director Project Management � -- -7 --C=t 3 DATE CITY OF HUNTINGTON BEACH BY _ J, CONNIE BROCKWAY, CITY CLERK ATTEST By: TITLE Deputy Cites Clerk 5 Date: October 30, 1992 �,. PROGRAM SUPPLEMENT NO. 025 Location: 12-ORA-0-HNTB !� to Project Number: STPL-5181(003) LOCAL AGENCY -STATE AGREEMENT E.A. Number: 12-400624 FOR FEDERAL -AID PROJECTS NO. 12-5181 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and condition; thereof. `Phis Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: NEWI.AND STREET FROM TALBERT AVENUE TO HEII, AVENUE TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 1.5 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK Preliminary Engineering [ ] Right -of -Way [ ] .,Xj Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds $ 643850�33C $ CITY OF HUNTINGTON BEACI* By - -. . Date _ -_V�3 9z Attest nazi , Title = Deputy-Ctty k Local OTHER �70000 $ 738�0 $ 0 OTI{ER 0+$ 0 STATE OF CALIFORNIA Department of Transportation • 1 By - ( DISTRICT DIRECTOR, DISTRICT 12 Date 1 - I�_� : h.ereDy Cc tr'y upon my oersonaI knowledge that budgeted funcs are ava•.lable for this a^.cunbranee: Accounting Of f ic400 Date /AQ - 3 Q�� $ cnaptur S:a:u:e, ItC11 i Year i ?r'ugram 1K Fund S�_rce 1W2 2660-'07. !W0 92-93 20.30.010.i!10 C 2620-.0 89?- 570000.00 A Y,p'J K T 5/GCuu.^�0 9 Page 1 of 2 t 12-0RA-0-I1NTB STPL-5181 (003) SPECIAL COVENANTS OR REMARKS DATE: 10/ 30/92 PACE: 2. 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article V1 MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this, project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Yederal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or }aid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. :•:henever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 e ,STATE OF CALIFORNIA—EUSiNESS AND TRANSPORTATION AGENCY PETE WILSON, Gowmor DEPARTMENT OF TRANSPORTATION DISTRICT 12 ' 2501 PULLMAN STREET *A SANTA ANA, CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach' 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Pro'ect No Program Supplement No. Service Agreement No. STPL-5181(001) 023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPI;-5181-(004) ;. 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE AGREEMENT Contract No. 12LA093 STPL-5181(004) 12-ORA-O-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this ly `�' day ofi& , 1993,(�yJ by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Main Street from Huntington Street to Delaware Street. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: 1 SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost Federal Funds City Funds* $ 1,000.00 S 616.00 $ 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 SECTION II LOCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 SECTION III IT IS MUTUALLY UN ERS OOD AND AGREED: 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. A. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 a IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA I CITY OF HUNTINGTON BEACH Department of Transportation JAMES W. VAN LOBEN SELS BY Director of Transportation CONNIE BROCKWAY, CITY CLERK BY S ATTEST by: �• d_a L�� o Deputy District Director TITLE Deputy City Clerk Project Management `— — o DATE 5 A t PROGRAM SUPPLEMENT NO. 026 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5181 Date: October 30, 1992 Location: 12-ORA-0-HNTB Project Number: STPL-5181(004) E.A. Number: 12-400634 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to -this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: MAIN STREET FROM HUNTINGTON STREET TO DELAWARE STREET TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds I Matching Funds Local OTHER OTHER $ 165000 33C $ 146074 $ 18926 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEACN- By Date 00231%__ Attest Cie. �, Title Deputy City Clerk STATE OF CALIFORNIA Department of Transportation By S 1 R oAx_%�_ -+ 10( DISTRICT DIRECTOR, DISTRICT 12 Date t .-1 l 1 I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office Date&-_3t)-92, $ 146074.00 Chapter Statutes I Item (1)Year (10; Program 1BC1 Fund Source I AMOUNT 587 1992 2660-101-890 92-93 20.30.010.810 C 262040 892-F 146074.00 Page 1 of 2 12-0RA-0-HN'TB DATE: 10/30/92 STI'L-5181(004) PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. 'The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of [,ocal Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFH 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 STATE OF CAUFORMA—BUSINESS AND TRANSPORTAT1pN AGENCY PETE W1150N, Governor DEPARTMENT_ OF TRANSPORTATION DiS1RiCT 12 2S01 PULL MAN STREET � A 54NTA ANA, CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works city of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Project No._ grogram supplement No. Service Agreement No. STPL-5181(001) 023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 ,STPL-5181(005) 0271 _12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA10I STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments A SERVICE AGREEMENT Contract No. 12LA094 STPL-5181(005) 12-ORA-0-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this day of TAnI&&y, 199;,�yjl� by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Lake Street (First Street) from Pacific Coast Highway to Orange Avenue. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: i SECTION 1 STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as fol lows : TotAl Cosj Federal Funds City Funds* $ 1,000.00 $ 616.00 $ 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 SECTION I LOCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. c. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 SECTION III IT IS M TUA Y UNDER OOD AND AGREED: I. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY ( Deputy District Director Project Management t---1-93 DATE CITY OF HUNTINGTON BEACH BY CONNIE BROCKWAY, CITY CLERK ATTEST BY: TITLE Deputy City Clerk 5 Date: October 30, 1992 PROGRAM SUPPLEMENT NO. 027 Location: 12-ORA-0-HNTB to Project Number: STPL-5181(005) LOCAL AGENCY -STATE AGREEMENT E.A. Number: 12-400644 FOR FEDERAL -AID PROJECTS NO. 12-5181 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: LAKE STREET (FIRST STREET) FROM PACIFIC COAST HIGHWAY TO ORANGE AVENUE TYPE OF WORK: PAVEMENT REHABILITATION PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [X] Construction Engineering [X] Construction LENGTH: 0.1 (MILES) Estimated Cost Federal Funds I Matching Funds Local OTHER OTHER $ 160100 33C $ 141736 $ 18364 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEACH' By Date 2 Attest -- Title Deputy City Clerk STATE OF CALIFORNIA Department of Transportation By S ' ` °'4-"_� TrOrDISTRICT DIRECTOR, DISTRICT 12 Date t— ` — 1,3 1 hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: dcoe Accounting Office Date 0- $ 141736.00 Chapterl Statutes l Item U Year 4011 Program IBCI Fund Source I AMOUNT 587 1992 2660-101-890 92-93 20.30.010.810 C 262040 892-F 141736.00 Page 1 of 2 _N 12 --ORA-0-HNTB �$ S'I PI.-`)181 (005) SPECIAL COVENANTS OR REMARKS DATE: 10/30/92 PAGE: l 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowabili.ty of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 STATE Of CALIFORNIA--BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 12 •� w 2301 PULIMAN STREET SANTA ANA, CA 92705 January 7, 1992 I Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Project No._ Program Supplement No. service Agreement No. STPL-5181(001) 023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 'STPL-5181(006) 028 - 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 -- 2173. Sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE AGREEMENT Contract No. 12LA095 STPL-5181(006) 12-ORA-0-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this _r7W day of TRNz/Aiey, 199T,I by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Gothard Street from Heil Avenue to Edinger Avenue. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. ' NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: 1 SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Tota] Cost Federal Funds City Funds* $ 1,000.00 S 616.00 E 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 SECTION_LI LOCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this.Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 OM.IJ II IS MUTUALLY UNDERSTOOD AND AGREED: .1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. I 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation _ V.1 • fe ( Deputy District Director Project Management k--1-1 12 DATE CITY OF HUNTINGTON BEACH BY CONNIE BROCKWAY, CITY CLERK. ATTEST by: 4. TITLE Deputy City Clerk 5 PROGRAM SUPPLEMENT NO. 028 r, to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5181 Date: October 30, 1992 Location: 12-ORA-0-HNTB Project Number: STPL-5181(006) E.A. Number: 12-400654 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: GOTHARD STREET FROM HEIL AVENUE TO EDINGER AVENUE TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 1.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER $ 203000 33C $ 179715 $ 23285 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEACq- STATE OF CALIFORNIA (� Department of Tffrar1nsportatiaqn By By � p( DISTRICT DIRECTOR, DISTRICT 12 Date U/A� Date 1 1� Attest Title - Deputy City Clerk I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting OfficAl?? d'yJ Date a • �j� $ 179715. 00 Chapterl Statutes i Item Year Program IBCI Fund Source I AMOUNT 587 1992 2660-101-890 92-93 20.30.010.810 C 262040 892-F 179715.00 Page 1 of 2 + 12-ORA-0-HNTB DATE: 10/30/92 r STPL-5181(006) PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid better or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in Cult 49, part 1.8, Subpart C - 22, Allowable Costs. Page 2 of 2 STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Cawemo• DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PUtUAAN STREET �A SANTA ANA, CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Proiect No. Program Supplement No. Service Agreement Ngf STPL-5181(001) .023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007 ) L 029 ' 1-2LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 i January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE A$REEP(ENT Contract No. 12LA096 STPL-5181(007) 12-ORA-O-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this -�day of joe , 199;1 by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH; WHEREAS, LOCAL AGENCY contemplates improvement at Slater Avenue from Golden West Street to Beach Boulevard. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: I SECTION I ST6TE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Jotal Cost Federal Funds City Funds $ 1,000.00 S 616.00 $ 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. SECTION LI LOCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this -Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 9 SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. .3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY :0 0eputy District Director Project Management k--7--q3 DATE CITY OF HUNTINGTON BEACH BY CONNIE BROCKWAY, CITY CLERK ATTEST TITLE Deputy City Clerk 5 PROGRAM SUPPLEMENT NO. 029 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5181 Date: October 30, 1992 Location: 12-ORA-0-HNTB Project Number: STPL-5181(007) E.A. Number: 12-400664 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: SLATER AVENUE FROM GOLDEN WEST STREET TO BEACH BOULEVARD TYPE OF WORK: PAVEMENT REHABILITATION PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction LENGTH: 1.0 (MILES) Estimated Cost Federal Funds I Matching Funds Local OTHER OTHER $ 291700 33C $ 258242 $ 33458 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEAC4- By Date Attest %ata Title Deputy City Clerk STATE OF CALIFORNIA Department of TransportatiQ,n By JK ( DISTRICT DIRECTOR, DISTRICT 12 Date k __7 — .3 I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Of f ice!%`/d�Q DateZQIO-!?Z- $ 258242.00 Chapter Statutes I Item \ I / Year �_w Program 1BCI Fund Source I AMOUNT 587 1992 2660-101-890 92-93 20.30.010.810 C 262040 892-F 258242.00 Page 1 of 2 12-ORA-0-HN`I'B STF'L-5181 (007 ) SPECIAL COVENANTS OR REMARKS DATE: 10/30/92 PAGE: 2 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal --Aid Program. 5. Whenever the local agency uses a consultant on a cost plus -basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 JAN-14-' 93 TP'J @-': E^O I D: PP.OJECT MG -MT I? TEL PMJ: -'14-724-2591 U452 P02 Ca 1 trans District 12 2501 Pullman Street Santa Ani, CA 22705 Phone: (714) 724-2007 FAX: (714) 724-2019 FAX TRANSMISSION -.----.-,,,,,,. ro: AMY F xi�YfJ1 �� ry of f7tiNr7��q Ta►✓ /��I ,3 7 From: werence: . z —fr--14 nnOMOO: f�RoO�cr-5 — e.4. � s c. 11 s a C ArIM 'TS .s .vim y- .S7'PG px�orr-ems Do /r O o 6 d4a4 ,srroO/LgpMrvr Fvre, &.tuH P'kavrc-T . psers� 7W ;%kO4MofwI ff W7,-_— e? �-4, /ro/ai r yw-- U/4/6 3 .f-S WOvpcw, e-, +Mile . ^ram eyoev� Tv �-fe . �ry� a v,r t� r.�� f o Gcti /��r✓ 7'ro ..,<' Page:. of !AN-12-93 ?UE 15:Ot `PRooRA?t aLWP LOCAL AOEN FOR FEDERAL -A> CALrRAF15 1 )- PROGROS, Ks>�o, azi ATE AQALEXENT 7v. a NO. 12-5328 FAX NO. 915321005' � P,42 Data,7anitary 12 1993 Locationl 12-0 - ;_KR Project NUMbert ST - :8(801) 14%,j E.A. NumbaE -4G105 Y0D7 Date; 7anuary 12, ID§3 PROGRAM SUPPLEME14T N0. 037 � I.otation: 12-ORA-0-HNTb to Projects number: STPL-5181(016) LOCAL AGENCY -STATE AGRE"ENT N&W E.A. Numbers FOR FEDERAL -AID PROJECTS NO. 12-5181 (d7�Q9 Yoo7el 4 Dater January 12, 1993 PROGRA?1 8UPPUZhZNT NO. 036 Lboation; 12-0RA-0-HHTB to project !lumber, STPL-5181(017) LOCAL AGENCY -STATE AGREEMENT Im" E.A. Numbers 12-401034 FOR FEDZ:RAL-AID PKOJECTB NO. 12-5181 - 4Y,gA � Date; January 12, 1993 PROGRAM SUPPLEMENT NO. 035 IS&Wt.h. Location: 12-ORA-O-HNTB to Project Numbers STPL--5281(016) LOCAL AGENCY -STATE AGREEMENT Humbert 12-401024_ FOR FEDERAL -AID PROJBCTO 1I0. 12-5181 o d ,- 'q Datr, January 12, 1991 PAQGRAK SUPPLEMENT WO. 034 Locations 12-0RA-0-HNTb 1 to project 1IUMbert STPL-5181(015) LOCAL AGENCY -STATE ACREEK£NT new E.A. HU%bert 12 4DJOIJ_ ron r£DLRAL-KID 'PROJECTS No. lz-•5181 O , Date: January 12, 1993 PROOPAM SUMEMENT NO. 033 lkwJE.A. Location; 12-ORA-0-HIM to project Kwaber; STPIN-5181(014) LOCAL AOENCY-STATL AGAVE)UNT Numbort 12-40 0 FOR FEDZ RAL-RID PROJECTS NO, 12-5161 _ _ ov p i 1 Dater January 12,.1991 PROGRAM SUPPLEMENT NO. 032 fi Locations 12-OkA-C-)INTB to ` Project Number: STPL-5181(013)ENT PW4V.A LOCAL AGENCY -STATE AGREEM. Numbers 12-4-049g4_ POR FLDVRAL-AZD PRO479CTO NO. 17-5181 y bate, January 12, 1911 VROGRAM BUPPLBMEHT NO. 031 Loaationt 12-ORA-0-HNTS to P;rojeat Number: STPL-5181(012) LOCAL AGENCY -STATE AGREEMENT HCU J E.A. Number t 12-400964 'OR FEOSRAL-AID kR03ECTS NO. 12-5181 � :JA.a Y044 Dater January 12, 1993 PROCRAH SUPPLBXZKT NO. 030 Loaattont 12-ORA-0-HNTB to Projoat x mbari STPL-5181(011) LOCAL AGENCY -STATE AGREEMENT e.►"F-A. Number: 12-400974 FOR FEDEiLAL-AIA PROJECTS 110. 12-5181 I Dates JdnJary 12, 1993 PROGRAX SUPPLEKENT NO. 029 IS6%A/E.A. LoGLtiohl 12-ORA-Q-HNTB to ProjectNumber; STPL-5181(007) -OR rZOERAL-h1Z FROJECTSaRZEMENT NO. 12-51Bi Kumberi 12-400864 &Mq y0066Y his Program 1;uppietaent is hereby incorporated into th6 Local Agency-Sthte ant for Foderal Aid which was onterod into botwu&n the Local Agency tiN Stets On 02/06/78 And is subject to all the terms and conditions he :- This Program Supplement is adopted in accordance with paragraph 21 f Article II of the aforemontioned Master Acttremant n11An. STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON. Govemor DEPARTMENT OF TRANSPORTATION DISTRICT 12 •� A 2501 PUILMAN STREET SANTA ANA, CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: roject -No. Program Supplement No. Service Agreement No, STPL-5181(001) 023 12LA090 STPL=-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL=5181(007) 029 12LA096 STPL-5181(011)-. 030 C12LA097' STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE AGREEMENT Contract No. 12LA097 STPL-5181(011) 12-ORA-0-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this = day of ANvv , 1993, 1y0 by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and -the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Newland Street from Yorktown Avenue to Garfield Avenue. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and .WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: . 1 MONO" STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost Federal Funds City Funds* $ 1,000.00 $ 616.00 S 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 SCION II LQCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. c. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 SECTION III IT I5 MUTUALLY �JlIAERSTOOD AND AGREED 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 RL IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY S t Deputy District Director Project Management 1-- -1-- c�,, I DATE CITY OF HUNTINGTON BEACH VCONNIE BROCKWAY, CITY CLERK ATTEST by: TITLE Deputy City Clerk 5 PROGRAM SUPPLEMENT NO. 030 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5181 Date: October 30, 1992 Location: 12-ORA-0-HNTB Project Number: STPL-5181(011) E.A. Number: 12-400674 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: NEWLAND STREET FROM YORKTOWN AVENUE TO GARFIELD AVENUE TYPE OF WORK: PAVEMENT REHABILITATION PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction LENGTH: 0.5 (MILES) Estimated Cost Federal Funds I Matching Funds Local OTHER OTHER $ 215300 33C $ 190605 $ 24695 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEAC,f- ,Z) � �. P- -4-- By nwz . Date Attest - Title Deputy City Clerk STATE OF CALIFORNIA Department of Transportation By S {DISTRICT DIRECTOR, DISTRICT 12 Date \_ L r 1y 1 hereby Certify upon my personal kno �wledge that budgeted funds are available for this encumbrance: Accounting Off ice"/(nl, #" gi� Date f 0 -3o • f2. $ Chapter Statutes I Item 587 iMW 2660-101-890 Year 6-10F Program 1BC1 Fund Source 92-93 20.30.010.810 C 262040 892-F 190605.00 AMOUNT 190605.00 Page 1 of 2 .1 STPL-5181 (011) SPECIAL COVENANTS OR REMARKS DATE: 10/30/92 PAGE: 2 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and 'administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local. Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in C17R 49, pert 18, Subpart C - 22, Allowable Costs. Page 2 of 2 JAN-14-'93 THU 0'-=�:00 IP:PRCiJ;CT MGMT I? TEL N0:714-724-2591 9462 P02 � -3 Caltrans District 12 2501 Pullman Street Santa Artk CA 92705 Phone: (714) 724-2007 FAX: (714) 724-2019 FAX TRANSMISSION w"fi �` f , 4kY PF AeNT? 4144 ivy./ /i F,910"111 37 —/5%3 =rom; }�oy$aO of 0h%1Sv.1 Reference: eX9APA✓b ► T (wn•E A&T?ypA-/ Erfrig A - ) A4utilzyPx S F02 fo u/t- -r-5 TE R -TS , �s �✓� y �r7 Pe- rkT 4-S WA,0, cpr- L ✓e %ram .0yowrry ;PAW,9 -fr1 Ju/ft-&,ILOr-r S7-,47-€ 7F-977A 5 S00die-CS. ildlal JAN-12-93 TUF 15:01 `FROGtlAM a"I? LOCAL AMC FOR rZaRAL-Aml CALTRANS PROGRAK KEa�-ue . o z i AdRtZXEHT a $0. 12-5328 FAX NQ 918321005' F.02 DatsT 3anuary 121, 19Q3 LacatloAt 12-0 SCR project Humbert ST - 28(G01) NtyW H.A. Number -4G105 5ro 0 Cater January 12, 3.903 PROGP" SUPPLEMENT NO. Q37 LOCAtlOn: 12-0RA-0-ItNT8 to Project lrulabar! STPL-518140181 LOCAL AOEHCY-STATE AGREEMENT WJrA4E.A. trumbert k -aoin1sa FOtt PEDEXAL-AIO PROJECTS NO. 12-5181- YOD704 Dotes January 12, 1993 PROGRM OUPPLEBrt+T NO. 036 LOOAtiOn: 12-ORA-0-HNTD to Projoot Numbart STFL-5181(017) LOCAL AGENCY -STATE AGREEMENT 1966J E.A. Numberr 12-40lo34 raR FEOCRAL -AID PROJECTS 140. 12-5181 - A>PqA Dater January 12, 1993 PROOF M SUPPLEMENT NO. 035 Looetiont 12-ORA-0-HNTH to Projuot Numbert STPL-5181(o15) LOCAL AQENCY-6'TATZ AGREEMENT N=ber t ],�Z FOR FEDERAL+ -AID PROJECTS NO. 12-5181 outs, January 12, 1993 PROGRAK SUPPLEMENT NO. 034 Locations 12•-ORA-0-HNTb . i to Project Nu"ar: STPL-3181(015) LOCAL AGENCY-B'p11TE %GRZEMENX IHIr4v E.A. Numbert 12-401014 FOR FEDERAL -AID PROJECTS NO. 17-5181 .. _ �. Q&e Vo Date: January 12, 1993 1'ROORAX SUPPLZXZNT NO. 03 Location; 12-ORA-0-HNTB to Project Nwmbar; STPL,N-5181(014) LOCAL AOCNCY-BTATs AQR9:X9NT 114SW i:. A. Nutabsrt 12-•4�0M FOR FEDEi.LL-AID P1tO3LGT3 Mot 1Z-51e1 4�,T4 f7r Date: January 12,.1993 PROGRAM 8UPPLEMENT NO. 032 Locations 12-OkA-0-14STS to Project Humbar: STPL-5181(013) LOCAL AGENCY -STATE AGR%EM>rNT r&4) E • A - Number: zzAgs 99i FOR FEDERAL -AID PRO;ZCTA NO. 12-5181 -66Rff Data: January 12, 1993 PROORAM SUPPLEMENT NO. 031 Locationt 12-ORA-O-NNTO to Project INCL..) Number; STPL-5181(0121 LOCAL AUNCY-STATE AGREEMENT E.A. libber: 12-400964 'OR FEDERAL-13AD VROJECTS NO. 12-5161 . 0 ' Q IiOa�pY 7 Datat January 12, 1991 PROCAAM SUPPL$1` UM NO. 020 Looatlout 12-ORA-0-10TS t0 Projaot it4owE-A- Numbers STPL-51AI(011) LOCAL AGENCY-STAT$ AGREEMZNT Number: 12-400974 rOR rEDERAL-AID PROJECTS NO. 12-5181 � - ` "--`�` "- lt004%v Rater January 12, 1993 PROGR1114 BUPPLEXENT NO. 029 Lcoatiat3t 12-ORA-O-RNTD to Yrojeot Number:: STPL-5181(0071 LOCAL AAFNCY-STATV AQR£EMCNT L*L,/C.A. K=ber: 12-400964 'Ott FEDERAL -AID FROJCCTU NO. 12-5181 (,t�gS3 (�Qo6by n13 PregraTh Supplement is rareny incorporated into the Local Agency -State VT-aeZent for Federal Aid which Wks entered into batwean the Local Agency th"b State on 02/06/78 and is subject to all the terms and conditions he , Tnis Program supplement is adopted in accordance with Paragraph 21 f ArtiCle II of the aforoment.ioried Mnr.Ler Agrr..mnnt t+nAe. ' '4�0t . STATE OF CALIFORNIA -BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Go.*,nor DEPARTMENT OF TRANSPORTATION DISTRICT 12 � 2501 PUiIMAN STREET SANTA ANA, CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Proiect_ No. Program Supplement No. Service Agreement No. STPL-5181(001) 023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 121AO96 STPL-5181(011) 030 12LA097 STPL-5181(012) -031 I !_12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 e ems. January 7, 1992 Mr. Louis F. Sandoval Page Two if you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE &6REENQ9 Contract No. 12LA098 STPL-5181(012) 12-ORA-0-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this 7 day of m 1993, E by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Ellis Avenue from Beach Boulevard to Chapel Lane. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: 1 •f t ' STATE AGREE SECTIQN I . 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost Fgderal Funds City F nds* $ 1,000.00 $ 616.00 $ 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 K IiSH LOCAL AGENQY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. c. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: I. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation R1:TuT"R'I:1►��1:��►��9 Director of Transportation BY S , d Deputy District Director Project Management k 1'—'co DATE CITY OF HUNTINGTON BEACH BY CONNIE BROCKWAY, CITY CLERK ATTEST by: AZC TITLE Deputy City Clerk 5 Date: October 30, 1992 PROGRAM SUPPLEMENT NO. 031 Location: 12-ORA-0-HNTB to Project Number: STPL-5181(012) w LOCAL AGENCY -STATE AGREEMENT E.A. Number: 12-400684 FOR FEDERAL -AID PROJECTS NO. 12-5181 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: ELLIS AVENUE FROM BEACH BOULEVARD TO CHAPEL LANE TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 0.2 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [X] Construction Engineering [X] Construction Estimated Cost Federal Funds I Matching Funds Local OTHER OTHER $ 70700 33C $ 62590 $ 8110 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEACt4- By Date Attest Title Deputy City Clerk STATE OF CALIFORNIA Department of Transportation By IrDISTRICT DIRECTOR, DISTRICT 12 Date k - \J I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office Date Chapter Statutes I Item U Year U Program 1BC1 Fund Source AMOUNT 587 1992 2660-101-890 92-93 20.30.010.810 C 262040 892-F 62590.00 Page 1 of 2 12-ORA-0-HNTB STPL-5181(012) DATE: 10/30/92 PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 JAN--14-' i 3 TH I O-: 00 3 D: PPO JECT MGMT ? 2 TEL NO: 714-724-2591 9462 P02 y" Caltrans District 32 2501 Pullman Street Santa And, CA 92705 Phone: (714) 724-2007 FAX: (714) 724-2019 FAX TRANSMISSION . - I / 0� 13 14H, OWPANY e- rr of AtAlnA✓4 rn,./ -Te*'�/ r .3 7 ¢ -1.5�3 From : �o,✓,ea0 — G acwt 6- i-.$ Reference: Maw"126: �1f js6cs ��l/GL I S S 19 L r S f O AZ �'•+'9e � �ru�z� .vc•r�fAx� e.�-.o,v rs.,4.) %Mug- ,-5>-E A lc;�a IT,,S . ("6Ale- r Do "D (a W10 ?*04p^1 ,Ski'�G ►-/�++/'/ _ l�2 Thy ,JVl�tJ ,tS JCOf, 4- ,...� �0✓� . %ram �Y6wTr� �,eo�.G.tr� •�UIP��r�IL�*�-� � 5�•4'T�' 7�sT7� S��lic-� A 07�e�.ti�rs G✓�-�r-� .r-1�H� � o �v � �s'�.+��, / - � �-Q3 � �p �fx . �•r� a v.rZr vc1/ f /o u� i��r✓ � o •�', Page: of .._. Av JAN-12-93 TUE 15:01 `PROGRAM auv LOCAL ROEN1 FOR FEDERAL -AV CALTRANS 1k,� PROGRAMS KE", 021 AGREEMENT '9 NO. 12-5329 FU Ho. 8t8327Q05,`' J , P.02 Date_ Jan�Aary 12� 1993 Lochtiona 12-0 - GR rroject Humbert ST - 26(0Ol) Lt�4 E.A. Num>sa>: -4G106 Vo o D4t6l January 12, 1,001 DROGRA}i SUPPLEMENT NO. 037 ` LOCatlOn: 12-0RA-0-1iNT8 to If Project Nulsber: STPL-5181(018) LOCAL AGENCY -STATE AGREEMENT r46WE.A. Numberr 12-4o1.0A FOR FEDERAL -AID PROJECTS NO. 12-5181Y n%te: January 12. 1993 PROGRJLK 6UPPLF3's9XT NO. 036 Location: 12-ORA-0-HNTD to Projoot Humbers STPL-5181(017) LOCAL AGENCY -STATE AGREEMENT mg..) E.A. Numbers 12 01034 FOR FEDERAL -AID PROJECTS NO. 12-5181 _ AyRj C10 J Dates January 12, 1993 PROGRAM SUPPLEMENT NO. 035 IA&W Locations 12-ORA-O-HNTb to Projuat Numbers STPL-5181(026) LOCAL AGENCY-aTATE AGALERENT L.A. Number: 12-4010Y4 FOR FEDERAL -AID PROJBCTB NO. 12-0181 '- 00 i� Data: January 12, 1y93 PROGRAM SUPPLEMENT NO. 034 Locations 12-OitA-0-KNT4 ! to Project Numbers STPL-5181(035) LOCAL AGRZDY-STATE ACNOEl2 xT51B1 � NE.A. NuMberl l3�4LUJA FOR Date: January 12, 1993 VROORAIi SUPPLEMENT NO. 033 Location; 12-0RA-0-H14TB to Project Humber: 5TPLN-5181(014) LOCAL AGENCY -STATE AGREEMENT sasMlE.A. dumber: 12-4� 0_ 1904 FOR FEDERAL-ALD PROJECTS NO, 22-5181 ate',fa Data: January 12,1993 1993 PROGRAM 8UPPLENENT NO. 032 LOcationt 12-OkA-0--14M to Project Nwabors STPL-5181(0131 ]LOCAL AGENCY -STATE AGREEMENT Ni441E.A. Number: 12-40092i_ ?OR. FLDERRL-AID 81tO4ZCT8 NO. 12-5101 u Dates January 12, 1993 VR00RAN 6UPPLLNZNT NO. 031 1 Locations 12-ORA-0-HNTB to If{ Project Number: STPL-5181(012) Lom AGZVcY-uTAT% AGREEMENT HCuJ E.A. Nusnbar; 12-�400904 ?OA FEDERAL-RtD VROJECTB 00. 12-5181 IdALJ )/De��t� Dates January 12, 1091 PROGRAX 6UPPL$XENT No. 020 Locations 12-ORA-0-1ANT5 to Prajaot Dtumbar% STPL-S1A1(011) LOCAL AGENCY-BTATa AGREEMENT IwC&JE.X- Number; 12-400974 FOR FEDERAL -AID PROJECTS No. 12-5181 L0 p 97T PROGRAM SUPPLEMENT NO- 029 to LOCAL XGENCY-STATE AGREEMENT -OR FEDERAL -AID VA03E:CTS NO. 12-5191 Date: January 12, 1993 Location: 12-ORA-0-IINTD YrO180t Humber; STPL-5181(007) peuiE.A. ]cumber: 12-40n964 yQo46y his Program Supplement is hereby incorporated into the LoCal Agency -State ent for Federal Aid which was entered into between the Local agency 49 th ,State on 02/05/78 and Is subject to all the terms and Gonaltions he :, Tabs Program supplement 1s &0optad in accordance with paragraph 21 r Article I1 of the aforemont.ioned Muster Atlreement under aut.hor!+ �• teolutiom Me-.. STATE OF CALIFORNIA--BUSINESS AND TRANSPORTATION AGENCY PETE WILSON. Gow"wr DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET ' SANTA ANA, CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Project No. Program Supplement No. Service Agreement No. STPL-5181(001) 023 121A090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 .12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, Sd..-�� Na.bO-tea Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments 'r SERVICE AGREEMENT Contract No. 12LA100 STPL-5181(013) 12-ORA-0-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this 7 7# day of y199t, IV by and between the CITY OF HUNTINGTON BEACH, a body politic and�a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Graham Street from Edinger Avenue to Heil Avenue, hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I STATE AGREES: I. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost Federal Funds City Funds* $ 1,000.00 S 616.00 $ 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 G SECTION II LOCAL AGENCy AG EESQ 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of trilling therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. c. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 SECTION III 11 IS MUTUALLY UNDERSTOOD AND -AGREED: 1, That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 r IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY S w -�pi Deputy District Director Project Management `— --1 --'9'.) DATE CITY OF HUNTINGTON BEACH BY COME BROCKWAY, CITY CLERK ATTEST by: 7 ��- TITLE Deputy City -Clerk 5 r' PROGRAM SUPPLEMENT NO. 032 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5181 Date: October 30, 1992 Location: 12-ORA-0-HNTB Project Number: STPL-5181(013) E.A. Number: 12-400694 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the'Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article -II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: GRAHAM STREET FROM EDINGER AVENUE TO HEIL AVENUE TYPE OF WORK: PAVEMENT REHABILITATION PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [X] Construction Engineering [X] Construction LENGTH: 0.5 (MILES) Estimated Cost Federal Funds ( Matching Funds Local OTHER OTHER $ 336200 33C $ 297637 $ 38563 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEACt4- By Date Attest _ Q,_ Title, Deputy City Clerk STATE OF CALIFORNIA Department of Transportation By s 'ax i k . _�rDISTRICT DIRECTOR, DISTRICT 12 Date `"-07 — 41,9 1 hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Off' Date �Q •V.�Z $ 297637. 00 J � Chapter Statutes I Item U Yeary Program 1BC1 Fund Source AMOUNT 587 1992 2660-101-890 92-93 20.30.010.810 C 262040 892-F 297637.00 Page 1 of 2 12-ORA-0-HNTB STPL-5181(013) SPECIAL COVENANTS OR REMARKS DATE: 10/30/92 PAGE: 2 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 .y 3R4-14-' 9-3 TH i C','9: iti3 I D: PP.DJECT r1GHi 12 TEL NO. 714-724 -2591 U4E2 P02 I"-,, I'el Caltrans District 12 2501 Puffman Street Santa And, CA 92705 Phone: (714) 724-2007 FAX: (714) 724-2019 FAX.TRANSMISSION -p.Ifvv e0sa W/A; e. YY of AlV Vr7414 ray✓ `! .3 *7 From: Reference: 4!F . 4 . � s Message: Y/�tt �rc/CLis "5 A 1--'S7^ of C. � �,rpee�.rD r'T rnE .�c.r�ya.�-� e.�-ro,cJ { E,A• ] .�+ucr�tc � �� 7%� �07 ,SwP�c.��►V'� ��" _� J�2 T7Y`� ,�c//�tJ� ��P.vs,r-M�1 UrO�Ew11 �T-� S7 +71F 7+<✓K S vi ii M.TS G✓� /�'��L- OIRI rk�L�d�A'f�j 7-0 M� . 17►� o v.�t� rN� f v uti /gr✓ 7'yo �,�' Page: r____ of 70 JAN-12-93 TUE 15:01 `PROGRAli a"_ LOCAL AGENI FOR FEDERAL -All CALTRANS I,�.). PROGRAMS rtEvl_�e . 021 9 AGAZZMENT C-TE NO, 12-5328 FAX NO. 916327045' Flat, -.11a Lacationi 12 Project Numbers S INVW U.A. Number n,.ary 12 1993 440 - �C RT28(001) 05 BOO �! Date: January 12, 1.903 PROGRAM SUPPLEMENW NO. 037 LOcatlon: 12-ORA-0-)iNT13 to Project Number! STPL-5181(oia) LOCAL AGENCY -STATE AGREEMENT INCA411-A. Numbert 12-_4oiQs4_ y FOR FEDERAL -AID PROJECTS NO. 12-5182_ Date: January 12, 1993 rROGRAK SUPPLEMENT NO. 036 1,00W On: 12-ORA-0-HNTB to Project Humbert STPL-5181(017) LOCAL AGENCY -STATE AGREEMENT �N" E.A. Numbers. 40 0 4 FOR FEDERAL -AID PROJECTS NO. 12-5181 —� y y0..'72 Dates January 12, 1993 VROORAM SUPPLEMENT No. 035 4-4) Locationt 12-ORA-O-HNT8 to rojeat Ntimbert STPL-5161(016) LOCAL AGENCY-sTATE AGRtEMENT L.A. Numbers FOR -401024- FOR FEDERAL -AID PROJECTS NO. 12-5181 oe Dates January 12, 1993 PROGRAM SUPPLEMENT NO. 034 LOClktiOnt 12-ORA-0-fiNTb . ! to Project Number: STPL-5181(015) LOCAL AGENCY -STATE AGREEMENT w8w L.A. Numbers 12�ao10Y4 FOR FEDERAL -AID PROJECTS 140. 12-5181 D ' Date: January 12, 1993 PROGRAM SUPPLEMENT N0. D33 Location: 12-0RA-0-tUiT8 to Project Nwther: STPLN-5181(014) LOCAL A0ENCY-8TATL AGREEMENT IU&.4J2.h. Numbers 12-4^ 01004 FOR FEDERAL -AID PROJZCT9 NO. 19-5101 _ 16414d Date: January 12,.1993 PROGRAM BUPPLEKENT NO. 032 Locationt 12-ORA-0-)INTO to Project Number; STPL-5181(013) LOCAL AGENCY -STATE AGRLEMENT S&4 E.A. Numbers 12-4p09_q� FOR FEDERAL -AID PRO,TZCTS NO. 12-5101 I Dater January 12, 1911 PROGRAM SUPPLZMENT NO. 031 Location: 12-ORA-0-HNT13 to Project Number: STPL-5181(012) LOCAL AGENCY-STATV AGREEMENT NCuJ E.A. Number: 12-400904 ..'OR FE0tAAL-AID ]IROJZOT4 NO. 12-51BI �—` 4) Datat January 12, 1993 ! PROGRAK SUPPLEMENT No. 030 LOCationt 12-ORA-0-HUTB to Projaot Numbers STPL-5181(O11) LOCAL AGENCY-6TATZ AGREEMENT lo&uE.A. Number; 12-400974 !� FOR FEDERAL -AID PROJECTS NO. 12-5181 _ _ - - G*& iV009% r Dates January 12, 1993 PROGRAM SUPPLEMENT NO. 029 Locationi 12-ORA-o-RNTA to Project Number; STPL-5181(0071 LOCAL ADENCY-STATE AURZEH&NT µRAJ E.A. Number: 12-400964 'OR FrnZRAL-AID PROJECTS No. 12-5181 (,t" clooW his Program Supplement is hereby incorporated into the Local Agency -State. went for Federal Aid which was anterod into between the Local Agency Cial th_"O. State on 02/06/78 and is subject to all the terms and Conditions he ,. This Program Supplement is adopted in accordance with paragraph 21 f Article II of the aforementioned Matter AUreeinvint „nAvo .•.F..� --• -- *P')tit ior% It^ -STATE Of CA{FfpRNIA-8VSINESS AND TRANSPORTATION AGENCY FETE WUSON, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULUKA N STREET SANTA ANA, CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City. of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: . Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Project No. Program Supplement No, Service Agreement No STPL-5181(001) 023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 -12LA101 , STPL-5181(015) 034 12LA102 STPL-5181(016) 035 121A103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 4 � � January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, s�� u Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE AGREEMENT Contract No. 12LA101 STPLN-5181(014) 12-ORA-0-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this V TH day of ,4U , 199,3, 1yjlD by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY° and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Warner Avenue from Edgewater Lane to Pacific Coast Highway. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: 1 SECTION I STATE AGREE; 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost Federal Funds City Fund5* $ 1,000.00 $ 616.00 $ 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 0 2 SECTION 11 LOCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of S384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 r SECTION III IT IS MUTUALLY UNQERS QOD AND AGREED I. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 P IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation Deputy District Director Project Management DATE CITY OF HUNTINGTON BEACH BY 6w� ONNIE BROCKWAY, CITY CLERK ATTEST BY: Q. cj�n"T; , TITLE Deputy City Clerk 5 • Date: October 30, 1992 PROGRAM SUPPLEMENT NO. 033 Location: 12-ORA-0-HNTB to Project Number: STPLN-5181(014) LOCAL AGENCY -STATE AGREEMENT E.A. Number: 12-400704 FOR FEDERAL -AID PROJECTS NO. 12-5181 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: WARNER AVENUE FROM EDGEWATER LANE TO PACIFIC COAST HIGHWAY TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 0.6 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [X] Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER $ 242400 33C $ 214596 $ 27804 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEAC* By Date a3 Attest 17 Title" Deputy City Clerk STATE OF CALIFORNIA Department of Transportation By s ` V (DISTRICT DIRECTOR, DISTRICT 12 Date k ^-I V l hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office Chapter Statutes 587 1992 Date /Q -'36 -M $ 214596. 00 Item / I Year 4V Program 1BC1 Fund Source 2660-101-890 92-93 20.30.010.810 C 262040 892-F AMOUNT 214596.00 Page 1 of 2 12-ORA-0-HNTB STPLN-5181(014) SPECIAL COVENANTS OR REMARKS DATE: 10/30/92 PACE: 2 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estivate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. ;. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individuai consul- tant or sub -contractor -incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 JAN-14-' 93 THiJ e:� = Ply I P: PROJECT M6MT 12 TEL NO: 714-724-2591 34462 P02 i Ca 1. tran s District 12 2501 Pullman Street Santa Any, CA 92705 Phone: (714) 724-2007 FAX: (714) 724-2019 FAX TRANSMISSION t{/ � I 1 •¢- ?3 1,4 . e. 7-y of XIVtir7AAeg 7W-011 -e** 3.7 From: �%,v�arE oLosfi✓.son! � G�+c c57�srs �.'�o��i S �r� Reference: nmeseage: ho ur 77 A 7;)a . r4o N4- tvO 7;�jr-%,r I show -uP vn/ roar& A104 4xlj SGIf"/[ram �'1�VT FVrz, oit c-e . 9,44�-tSe _. e-04-, �Rvs � !/APG�i r"S 57�.47"E 7?-° 77AkS S~.Ie E A.ti.rs G✓Eyr.� �lL o N �kfbr?�.r*�j — /� Z--Q' 7 TA plc . �rri�a v.�� cv/ f �o uti /��r/ Tio •.1'. Page: of 7-- J,IW I 83 TUE 15:01 -PROGRAM at LOCAL AGE FOR FEDERAL -A CALTRANNSS 1,..,,MUMS UMS MiE2p n . 021 TE AQRZEXENT r4ZE NO. 12-5326 FAX N0. 916327005' Dater Jo Locations 12 Project Numbers ST Nww E.A. Numbery� ?. 02 ;ry 12, 1993 GR 28(001) M4 Data: ,January 12. ].!)03 PROGRAM SUPPLEMENT NO. Q37 l I.ocatfon: 12-ORA-0-fiNT(S to Itf rroject Humber: STPL-5181(018) LOCAL AGENCY -STATE AGREEMENT 46W E.A. Humbert r-401_fl_a4_ FOR FEDERAL -AID PROJCCTB ND, 12-5181� �y uod'el,I Dates January 12, 1992 PROGRAM SUPPLEMENT NO. 035 L044tiOh: 12-ORA-0-IINTB to Projoat Numbers STPL-5181(017) LOCAL AGENCY -STATE AGREEMENT IM9-) E.A. Number: 12-401034 FOR FEDERAL -AID PROJECTS NO. 12-5181 MAC i1eig Datat January 12, 1993 PROGRAM SUPPLEMENT No. 035 ` Locations 12-ORA-0-HNTB to IN&-A) Projoat NumbMrt STPL-5181(016) LOCAL AGENCY-aTATE AGREEMENT L.A. Numbers FOR FEDERAL -AID PROJECTS NO. 12-5181 (r o0 1r Datu, January 12; 1993 PROGRAM SUPPLEMENT NO. 034 Locationt 12-pRA-O-HNTB J to Project Numbers STPL-5181(015) LOCAL AOENCY-STATE AGREEMENT N" E.A. MuMberI 12-4CIQ14 FOR PZDERAL-AIn PROTECTS No. 12-5181 ¢ Date: January 12, 1993 PItOGRAx SUPPLEMENT N0. 013 LocatioA: 12-ORA-0-1WT8 t0 Project Nwpbort STPLN-5181(014) LOCAL AaCNCY-SThTG AGREEMENT LsvJg-k. Numbers 12-4 00 FOR FEDERAL -AID PROJECTS NO, 19-5101 Date: January 12,.1993 PROGRAM SUPPLEMENT NO. 032 Location& 12-ORA-0-IINTB to Project Numbers STPL-5181(013) LOCAL AGENCY-STAT2 AGR2:ENENT Nk41E.A. rumboxt 12-490945, FOR FEDERAL -AID PROJECTS NO. 12-5181 - y 11-YA ► ( 95,6'7r I bates January 12, 1911 YKOGRAX SUPPLEMENT NO. 031 - Locations 12-ORA-0-HNTa t0 Project Number: STPL-5181(012) LOCAL AGENCY-UTATX AGREEMENT Ou J E . A, Nunber : 12-400984 ?OR FEDERAL -AID i'ROJECTS NO. 12-5181 - 4)A.S 70d JW r Dates January 12, 1991 PROGRAM SUPPLEMENT No. 030 Location: 12-0RA-0-HNTB to Projeot Plumbers STPL-5181(011) LOCAL AGENCY -STATE AGREEMENT Nuftber: 12-400974 FOR FEDERAL -AID PROJECTS NO. 12-5181 -'""'—"` 0 Dates January 12, 1993 PROGRAH SUPPLEMENT No. 029 Looationt 12-0RA-0-HNTD to Projoot Number: STPL-5181(00)) LOCAL AGENCY -STATE ADRBEH&VT uJE.A. Number: 12-4009 " OR FEDERAL -AID FROJECTO NO. 12-5181 - &K9 (10096y his Program Supplement is hereby .incorporated into the Local Agency -State 4T442cnt for Faderal Aid which was entered into botwean the Local Agency th State on 02/06/76 and is subject to all the terms and conditions ha V. This Program Supplement is adopted in accordance with Paragraph 21 f Article II of the aforemant ionr_d Master Agreemont under wut r,,,. %�•� ^- C*p0lut'.41 Nn -� .- . . 1 �Y STATE OF CAl1FORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSC14, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 12 •* A 2501 PULWAN STREET SANTA ANA, CA 92703 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Project No. pEogram Supplement No. serviceAcireement Wo. STPL-5181(001) 023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN--5181(014) 033 12LA101 STPL-5181(015)s '034' 12LA102 . STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments Contract No. 12LA102 STPL-5181(015) 12-ORA-0-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on thisTfil day of rMgW, 199;, Qyj by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at McFadden Avenue from Edwards Street to Golden West Street. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: 1 SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cow Federal Funds City Funds* $ 1,000.00 $ 616.00 S 384.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. SECTION I1 LOCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will, be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 I 9 SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 IK WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY S R _ Deputy District Director Project Management DATE CITY OF HUNTINGTON BEACH BY -yam CONNIE BROCKWAY, CITY CLERK, ATTEST by:[�.�c �sL '~ TITLE Deputy City Cler .--.a 5 PROGRAM SUPPLEMENT NO. 034 61 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5181 Date: October 30, 1992 Location: 12-ORA-0-HNTB Project Number: STPL-5181(015) E.A. Number: 12-400714 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: MCFADDEN AVENUE FROM EDWARDS STREET TO GOLDEN WEST STREET TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 0.5 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK t ] Preliminary Engineering [ ] Right-of-way [X] Construction Engineering (X] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER $ 217100 33C $ 192198 $ 24902 $ 0 $ 0 CITY OF HUNTINGTON BEAC4- 9m �►1 Date Attest--. Jar,, - Title Deputy,City.'Clerk STATE OF CALIFORNIA Department of Transportation By s { DISTRICT DIRECTOR, DISTRICT 12 Date I^ -1 53 i hereb u T ,` y Cer;it y upon y personal enowtetlye tha[��budgetea funds are avaiIaole for tnis enct.mnrance: --Accounting Office v..5�. Date �Q•��•QZ$ 192198.00 Chapter Statutes I Item U Year Progrvn I6C� FLX4 Source AMOUNT 537 t992 2600 iQ1 840 92 93 20.30.010.830 1 262040 692-F 192198.GG Page 1 of 2 12-0RA-0-HNTB STPL-5181(015) DATE: 10/30/92 PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the -aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 :6 JAN-14-' 93 THi i C�+9: � I L : PP.OJECT h1GriT 12 TEL tN0: 714--724-2591 tta6' ©? 1 7 Cal trans District 12 2501 Pullman Street Santa Ana, CA 92705 Phone: (714) 724-2007 FAX: (714) 724-2019 FAX TRANSMISSION rY of flu AAnWeq rpA✓ e7 3 7 ¢ -15;7-3 From: PAIWOO Reference: Message: ` j�y�v �xlCL SEA / .S' A I- • S 7— VAC c. R.+fta ew1G'Ij �X9a D Tc�,z� Ar, 7WvA-I erfT-ioa! (E.A. ) 9WUANffdc 5 hO"A- s7W A 9`Mzl -' S. ro•v4Y .TTPL y --c.P v n/ ro w2'. /tea4x4x'j 6rWO'/`e Mav T fire- OvOt CH Pc�* 0%97,� T ��r.r _ coR.AtOr- r%J 'd 7 .S�I��G-E�►7�M/T�~` eT / 02 Tiff Juwe .tS d1�t�[x L �,�� +9�d✓� . �� 6GvT� Ir-977A .Sd'0dic-+1 !� ��H�4vTS G✓�C �•J�-iL � o ICI �� > .I r / Z"Q� � Ta Page: of JAN-12-93 TUE 15:01 CALTRANS k._,L FROGRAfS `PRpGRAM B "PLEME 01 021 LOCAL AOENC AVE AGREEMENT FOR FEDERAL -A PA 8 NO. 12-5328 DROGRAH SUPPLEMENT NO. 037 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5381 A1L H0. 916327005' � P, 02 Data�Janm4ry 12_. 1993 Locmtiont 12-0 - �L`GR Project Numbert ST - 28(OQ1) INV.�,,J V.A. Number -40105 Ditto: January 12. 1.993 Location: 12-ORA-0-IiNT8 PrcJtct Humber: STPL-5181(018) Nrt,JE.A. Numbcrt 12-401044 Date: January 12, 1993 PROGRAM SUPPLEMENT NO. 036 Location: 12-ORA-0-hNTB to Projoot Numbers STPL-5181(017) LOCAL AGENCY -STATE AGREEMENT 106.) E.A. Numbert 12� 401034 FOR FEDERAL -AID PROJECTS $0. 12-5181 m/gA Ug7x (I Dater January 12, 1993 PROGRAM SUPPLEMENT NO. 035 Location: 12-ORA-0-HNTB to Projeot Numbert STPL-5181(016) LOCAL AGENCY -STATE AGREEMENT Nt'w E.A. NUAberl 12-g01024 FOR FEDERAL -AID PROJECTS NO, 12-DIB1 Dates January 12, 1993 PROGRA[ (SUPPLEMENT NO. 034 Location: 12-ORA-O-fiN`t$ • 3 to Project Number: STPL-5182(015) LOCAI: AGENCY -STATE AGREEMENT µav E.A. Number 12014 FOR FEDERAL-AXD PROJECTS NO. 12--51B1 0�o,/ Date: January 12, 1093 PROOPAH SUPPLEMENT NO. 033 Location: 12-ORA-O-HNTB to project Nvynber: STPLN-5181(034) LOCAL AGENCY -STATE AGRSETSENT 1L46W E.A. Number: 12-404 FOR FEDERAL -AID PROJECTS NO. IZ-51BI _ WIA4Do7oY Date: January 12,.1993 PROGRAM SUPPLEMENT NO. 032 Locationt 12-ORA-0-1114TB to Project Number: STPL-5181(013) LOCAL AGENCY-6TATE AGRLKKCNT Nbw E.A, NUJRbaxt 12�1Q0993 FOR FLDER LAID PROJECTS NO. 11-5181 Data: January 12, 1993 VROGRM SUPPLEMENT NO. 031 - Looationt 12-ORA-0-HNTB t0 Project Number: STPL-5181(012) LOCAL AGENCY-6TATE AGREEMENT 1HCk_)9-A. Number: 12-400984 'OR FEDERAL -AID PROJECTS NO. 17-$181 Data, January 12, 1993 PROGRA[ 9UPPLBMLNT No. 030 Locations IZ-ORA-Q-HNTB to Project Numbert STPL-5181(0111 LOCAL A0VNCY-6TATE AGREEMENT NS1E.A. Number; 12-400974 FOR FEDERAL -AID PROJECT$ NO. 12-5181 0097 I Dater January 11, 1911 PROGRAM SUPPLEMENT NO. 029 Location: 12-ORA-O-HNTD to project Number: STPL-5181(007) LOCAL AGENCY -STATE AGREEMENT Ndv✓E.A. Numbert 12-400964 'OR PLDERAL-AID PROJECT8 NO. 12-5281 (KO g0066y h19 Program Supplemont is hereby incorporated into the LOCal Agency -State ent for Federal Aid which was entered into between the Local Agency th State on 02/06/78 and is subject to all the terms and conditions—, he 2. Tni; program supplement is adopted in accordance with paragraph 2: Article II of the atoremontioned tipster Agreement under wnrhn. �•• �• i STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE MLSON, Gormmor DEPARTMENT OF TRANSPORTATION DISTRICT 12 �A• 2501 PUILAkA N STREET SANTA ANA, CA 92Ios January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Project No Program Supplement No. Service Agreement No, STPL-5181(001) 023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) '035 'j �12LA103 STPL-5181(017) 036 12LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. Sincerely, K Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE AGREEMENT Contract No. 12LA103 STPL-5181(016) 12-ORA-O-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this -� — day of -Ayi r , 1993, g j by and between the CITY OF HUNTINGTON BEACH, a body politic and amumunicipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Indianapolis Avenue from x Delaware Street to Beach Boulevard. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: 1 SECTjQN I 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost federal Funds City Funds* $ 1,000.00 S 616.00 S 384.00 f The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 SECZION I1 LOCAL AGENCY AGREES_ 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. N 'SECTIOM III IT IS MUTUALLY UNDERST000 AND AGREED: 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY S }� / Deputy District Director Project Management k---1-(:r3 DATE CITY OF HUNTINGTON BEACH BY -DatZ3 0 CONNIE BROCKWAY, CITY CLERK ATTEST BY: Zay a. aa�, T TITLE Deputy City Clerk 5 PROGRAM SUPPLEMENT NO. 035 i to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5181 Date: October 30, 1992 Location: 12-ORA-0-HNTB Project Number: STPL-5181(016) E.A. Number: 12-400724 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: INDIANAPOLTS AVENUE FROM DELAWARE STREET TO BEACH BOULEVARD TYPE OF WORK: PAVEMENT REHABILITATION PROJECT CLASSIFICATION OR PHASE(S) OF WORK f 1 Preliminary Engineering [ ] Right-of-way X; Construction Engineering [X] Construction Estimated Cost l Federal Funds CITY OF HUNTINGTON BEAC%r LENGTH: Matching Funds Local OTHER 155104 $ 2QQ96 $ 0 By - - — Date Attest,'. \ r rr Iit]e- Deputy City Clerk 0.2 (MILES) OTH E R 0)$ 0 STATE OF CALIFORNIA Department of Transportation BY s K '_ r DISTRICT DIRECTOR, DISTRICT 12 Date 1 hereny Ce^t.fy'upvn my personal 'know;edge that budgeted funds are avariab:e for this encumbrance Account inq Gf f ;c4/-MV* 1&" Date to 0 ' 72 $ 155104.00 crap -el I Siatuteti :tem Tcar Program 16C1 Fund Source RM(7JH1 S87 1992 2660-101-e9U 92-93 20.30-010.810 C 262040 892-F 155104.CU Page 1 of 2 _ 12-ORA-0-HNTB STPL-5181 (01 6 ) SPECIAL COVENANTS OR REMARKS DATE: 10/30/92 PAGE: 2 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or }aid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 JAN-14-'43 THU 09:00 6D:PPOJECT MG!".T 12 TEL N0:714-724-2591 =452 P02 I', " Ji .'- I', Cal -trans District 12 2501 Pullman Street Santa Ana, CA 92705 Phone: (714) 724.2007 PAX: (714) 724-2019 FAX TRANSMISSION µy �• rr of A11V1Vr7,✓,4 2-VAJ ?6JW F ►eLWEA .3 7¢ -rs73 From: Reference: WAOCT e: �10uR_ ,ems 7Z A r-Yz . �d ac. Y .ST.PL. oo /r o oCa �r c�r�y rt r s� SGf�/L� "e v T Pb /z, wig Ci -%e'* &%7� T . ��r rs - Cp�c• t-,S WvVPcw, c. , -,at) file , %ram eyFwTag> Sr•+77S 7F-9r7AoW sANdiC-,= %p Pogo: of ;AN-12-93 TUE 15:01 -PROGRAM e" LOCAL RGEN+ FOR FEDERAL-AVI CALTRANS i L FROGfiA1iS ►c>:t�o , as 1 TL AGREEMENT SCTs NO. 12-5328 FAX K 916321M� / p' 02 DateTJan\kAary k 1993 LQa' on' 12-0 .`GR Proj4Ct Humbert ST - 28{OQl) NC,,,y E.A. Number -40105 �(d O Data; January 12, 1.993 PROGIMM SUPPLEMENT NO, 037 1 LOCntion: 12-ORA•-0-i NTB to jJl ProjeCt Number= STPL-5181(016) LOCAL AGENCY -STATE AGREEMENT a15WE.A. Numbers FOR FEDERAL -AID PR0.7=6 NO. Z2-5281 Da[tei January 12, 1993 PROGRAA BUP21,ZHGNT NO. 036 LOOation: 12-0RA•-0-hNTD to Projoot Number: STPL-5181(017) LOCAL AGENCY -STATE AGREEMENT 1"66J B.A. Numberi 12� 401034 FOR FtD£AAL-AID PROJECT$ NO. 12-5191 %t71Ad _ Uo-7 Dotal January 12, 2993 PROGRAM SUPPLEMENT NO. 035 Lovation: 12-ORA-0-JINTB to Projoot NUAbert STPL-5181(016) LOCAL AGENCY-9T'ATE AGREEMENT NEB L.A. Numbers 1Y-40102A_ FOR FEDERAL -AID P11OJBCT8 NO. 12-5181 Da<tei January 12, 1993 PROGRAM allPPLEMENT NO. 034 Locations 12--OItA-0--HNTb , { to Project Number: STPL-3181(013) LOCAL AGENCY -STATE AGREEMENT Few E.A. Nu[abert lg Q,1Q,3� FOR FEDERAL -AID PROJECTS NO. 12-5181 +.. .._ „may. 1ae Date: January 12, 1093 PROGRM SUPPLEMtNT NO. 033 Location: 12-0RA-0-M4TB to Project Nwpber: STPLN-5181(014) LOCAL AGENCY-STATZ AOREZJIZNT li4"2-A. Number: 12-401204 FOR FEDERAL -AID PROOXCTS NOe 1Z-5202 V6—o loV Date: January 12,,1993 PROGRA13 SUPPLEMENT NO. 032 { LGCaltiont 12-OkA-0 -IiNTB to { Project Nwiber: STPL,-5181(013) LOC)%L AOINCY-STATE AGRi:EIUNT ` N641 E . A. Nwnber t 12. 4a922-L roa FEDERAL. -An PRWICT6 NO. 12-5161 � tI Datat January 12. 1993 VROGRAM 6UPPLL:HtNT NO. 011 Location& 12.ORA-0-HNTO to Project Number: STPL.-5151(012) LOCAL AGENCY -STATE ACiiiEEMENT IHCkJ E.A. Number: 12-400984 a `OR FEA£J:AL-AID kROJECTB DIG. 12-5181 Datai January 12, 1991 PROCRAH 9UPPLBHUT No. 030 Locationi 12-ORA-0-10TB to Project Numbert STPL-5181(011) LOCAL AGENCY-BTATB AGREEMENT Ns;WE.A. Number: 12-400974 FOR FEDERAL -AID PROJECTS NO. 12-5181 Data, January 12, 1993 PROGRAM SUPPLEMENT NO. 029 Location: 12-ORA-0-HNTD to Projoot Number: $TPL-5181(007) LOCAL AOXVCY-STATE A0RE1M8NT pet,✓E.A. Number: 12-400964 OR FEDER'AL-Aro PRO.7ECTU No. 12-5181 &Mq 10o46y hi3 Progreve Supplement is hereby incorporated into the Local Agency -State fient for Federal Aid which was entered into botween the Local Agency th State on 02/06/78 and is subject to all the terms and Con6ltionr, hr 1. This Program Supplement is adopted in accordance with Paragraph 7i ( Article 11 of the oforc;now.lotied mar;I.er Arrr!•,•in.,.1r +•+•^• STATE Of CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE W11SON, Govenwr DEPARTMENT Of TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Project No. Program Supplement No. Service Agreement No. STPL-5181(001) 023 12LA090 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 121AA103 STPL-5181(017), •-036 :~•i2LA104 STPL-5181(018) 037 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 - 2173. sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments 0 SERVICE AGREEMENT Contract No. 12LA104 STPL-5181(017) 12-ORA-O-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this ;TfL day of u, 1993, !%1 by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: 4 WHEREAS, LOCAL AGENCY contemplates improvement at AtlantX Avenue from pr$ Alabama Street to Delaware Street. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: 1 SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost Federal Funds C AY Eunds* $ 1,000.00 $ 616.00 S 384.00 * The FHNA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 a SECTION II LOCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: .1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY S C=UH r Deputy District Director Project Management k - -7 -c13 DATE CITY OF HUNTINGTON BEACH BY , ). CONNIE BROCKWAY, CITY CLERK ATTEST by: ,( 4. —Zak r TITLE Deputy City Clerk " r 1 5 J PROGRAM SUPPLEMENT NO. 036 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5181 Date: October 30, 1992 Location: 12-ORA-0-HNTB Project Number: STPL-5181(017) E.A. Number: 12:-400734 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: ATLANT U AVENUE FROM ALABAMA STREET TO DELAWARE STREET I TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 0.2 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK i ] Preliminary Engineering [ ] Right-of-way [ ] iX] Construction Engineering [X] Construction Estimated Costl Federal Funds Matching Funds Local OTHER OTHER $ 138000 33C $ 122171 $ 15829 $ 0 $ 0 $ 0 CITY OF HUNTINGTON BEACH- STATE OF CALIFORNIA Department of Transportation ByDa By S u �1 DISTRICT DIRECTOR, DISTRICT 12 Date,- Iz23 , Date A t t e s, Title" Deputy, City Clerk i .hereby Cert ty;uoon 1ry_personal Cnowtudge ,ha: budgeted funds are available for this encumbrance: Accounting OFf i /'�I�� Date ��' V' r L $ 122171.00 v Ch3pre-1 S[arure!� I Item rear Program 1BC1 Fund Source I AMOUNT 587 1992 2660-101.390 92-93 20.30.010.810 C 262040 892-F 122171.GO Page 1 of 2 12-ORA-0-HNTB DATE: 10/30/92 STPL-5181(017) PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- .zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. F Page 2 of 2 JR4-14-' 53 i HU 09: 0 : D: PRt JEC T "19MT 12 -- TEL N0: 714-724-2591 0462 P02 I', Cal trans District 12 2501 Pullman Street Santa And, CA 92705 Phone: (714) 724-2007 FAX: (714) 724-2019 FAX TRANSMISSION ............ MAI 7z�f �'�/'BZ3 I •�- 'lJ �. WY R MLM1/fJ1 7 ¢ —1573 �D�t/80 OL OlfiJSD */ �,tL 6'7we `TS 'f KeTerence: 45 �A mumsa12s: �XPA2v%JD +'T to, 1,Z AGT;�',vA4 r41 �E.•q. Nu,c./�� S Fo/� f au� S 7 E R ?c;�z v.Twc---r-.5 . (s Ave- r' •TT'PC. S OO d/i r- OD /r 0 06 '#Mc— / d, SrfOO/Ge ,4-favT IbrZ, ^it ct 1 Pk a%7�- . 9p4&rr6 _ 4,'141-191 7W �ko Sw^0z-.'_WM 7— �c./I416 A M�ovTS G✓�C ��L� ON 1rZl�dil'�jr, �'" �Z"Q3 � Tr,op "ALP. +ice a v.r� t t// f �o uiL- /�rt�r./ 7'yo .�,e' , - •-� Pogo: of Z' 1AN-12-93 TUE 15: 01 CALTRANS PROGRAM FAX NO. 91932MS, `` Q, 2 Date�Ja\,,ary 12 1993 `PROGRAM ALWLZME O. 021 INC,.4 Locations 12-0 - lkR Project Numbers ST -28(001) LOCAL AOENC ATE AaRZZMENT X.A. Nusabor -40105 FOR fEpERAL-A DR a NO, 12-3328 Datp: .7ant1ary 12, 1,901 PROGRAM SUPPLEMENT NO. 037 I LOCAtion: 12-ORA-0-IiNTB t0 !I, Rraj/Ct NuMbart STPL-5191(019) LOCAL AGENCY -STATE AGREEMENT P4&-JE.A. Numbers 12�- Q1Qp,g, FOR FEUE1lAL-AID PROJECTS NO. 12-5181` DAtes January 12. 1993 PROGRAH OUPpIZMENT NO. 036 I Location: 12-ORA-O-HNTD to Ill Project Numbers STPL-5181(017) LOCAL AGENCY -STATE AGREEMENT N .) E.A. Number: 12� 401034 FOR FEDEPLAL-AID PROJECTS NO. 12-5181 4Y12A qo"l Oates January 12, 1993 PROGRAM SUPPLEMENT NO. 035 Locationt 12-ORA-0-HNTB to Project Numbers STPL-5181(016) LOCAL AGENCY -STATE AGREEMENT 10&JZ.A. Numbert 122 Q � FOR FEDERAL -AID PROJSCTB NO. 12-5181 °Q Dates January 12. 1997 PROGRAX SUPPLEMENT NO. 034 Locations 12-ORA-0-IINTB i to Project liumber: STPL-5181(015) LOCAL AGENCY -STATE AGREEMENT Mr"IlE.A. Number; 12--401A14 FOR PLDERAL-AID PROJECTS No. 12-5181 0 ',! Date: January 12, 1093 PROGRAM SUPPLEMENT No. 033 Location: 12-ORA-0-MNTB to Project Nwsber; STPLN-5181(014) LOCAL AGENCY-BTATL AGREEMENT 1%4SW 1:. A. Number: 12-4�01 FOR FEDERAL -AID PROJECTS NO, 19-5481 - W± V0 0 70 V Date: January 12,•1993 PROGRAM SUPPLEMENT NO. 032 Locations 12-ORA-0-I(NTB to project Number: STPL-51g1(013) LOCAL ADENCY-STATE AGREEMENT 064JE.A. Number: 12--490294 FOR FEDERAL -AID PROJECTS NO. 12-5181 y .- ".aI nm�9y Dates January 12, 1993 PROORAH SUPPLEMENT No. 031 Location: 12-ORA-0-HNTB !0 Project Nunber: STPL-5181(012) LOCAL AGENCY -STATE AGREEMENT ING(A-) E.A. Number: 12-400984 'OR FEDERAL -AID rROJECTS NO. 12-5181 Liz As Yo d 4,4 Dates January 12, 1991 PROCP" SUPPLEMENT No. 030 Loostiont 12'-ORA-O-hNTB to project Humbert STPL-•5181(oll) LOCAL AGENCY -STATE AGREEMENT NF,W £.A. NuMber: 12`400976 FOR FEDERAL-ATO PROJECTS No. 12-5181 O D 17 Oates January 12, 1993 PROGRAM SUPPLEMENT No. 029 Locations 12-ORA-0-IiNT13 to prcjeot Number: STPL-5181(007) LOCAL AGENCY -STATE AGREEMENT pAtu/E.A. Numbers 12-4009" 'OR FTAERAL-AID PROJECTS No. 12-5181 &49 y0046s% his Program aupple"nt is hereby incorporated into the Local Agency -State VT-aAMOnt for Federal Aid which was onterod into between the Local Agency tfk State on 02/06/78 and is subject to all the tetaa and conditions he ,'- Tnl* Program Supplement is ad0PtQ0 in accordance with Paragraph 2+ f Article II of the atorenontioned MQSLcr Agreement under ss�i*nnr:r.. esoluttvn rl� STATE OF CALIFORNLA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Go.ymor DEPARTMENT OF TRANSPORTATION DISTRICT 12 �s 2501 PULLMAN STREET r SANTA ANA, CA 92705 January 7, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Dave Webb SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Sandoval: Attached is one fully executed signature copy of the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Projects: Project No. Program Supplement No. Service Agreement o. STPL-5181(001) 023 121AO90 STPL-5181(002) 024 12LA091 STPL-5181(003) 025 12LA092 STPL-5181(004) 026 12LA093 STPL-5181(005) 027 12LA094 STPL-5181(006) 028 12LA095 STPL-5181(007) 029 12LA096 STPL-5181(011) 030 12LA097 STPL-5181(012) 031 12LA098 STPL-5181(013) 032 12LA100 STPLN-5181(014) 033 12LA101 STPL-5181(015) 034 12LA102 STPL-5181(016) 035 12LA103 STPL-5181(017) 036 12LA104 `�STPL-5181(O1$)'� 037_ 12LA105 January 7, 1992 Mr. Louis F. Sandoval Page Two If you have any questions, please contact George Saupe at (714) 724 •- 2173. Sincerely, Saied Hashemi, Chief Local Streets & Roads Branch District 12 Attachments SERVICE AGKERENT Contract No. 12LA105 STPL-5181(018) 12-ORA-0-HntB City of Huntington Beach THIS AGREEMENT, made and entered into on this day off T 1993, Q!? by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Lake Street from Orange Avenue to Utica Avenue. hereinafter referred to as "PROJECT"; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: I r SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Totad Cost Federal Funds City Funds* $ 1,000.00 $ 616.00 $ 384.00 * The FHWA will not participate in the 44% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $384.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 fd SQTI OPL I I LOCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $384.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6-2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 1 .. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 3 t IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY ✓Deputy District Director Project Management � -- -1-- 9 3 DATE CITY OF HUNTINGTON BEACH BY �. CONNIE BROCKWAY, CITY CLERK ATTEST BY: / (;�. n-7�� TITLE Deputy City Clerk 5 PROGRAM SUPPLEMENT NO. 037 _ to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5181 Date: October 30, 1992 Location: 12-ORA-0-HNTB Project Number: STPL-5181(018) E.A. Number: 12-400744 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof.-ThiS Program Supplement is adopted in accordance with Paragraph 2 of Article 11 of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: LAKE STREET FROM ORANGE AVENUE TO UTICA AVENUE TYPE OF WORK: PAVEMENT REHABILITATION PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right-of-way 'X; Construction Engineering [X] Construction Ests.mated Costl Federal Funds y $ 660000133C $ 233000�$ 1 S 0; CITY OF HUNTINGTON BEANf By Ld Da t e"- _ — — - Attest LENGTH: 1.2 (MILES) Matching Funds Local OTHER OTHER 427000.$ OI$ STATE OF CALIFORNIA Department of Transportation By 5 _ �^,(DISTRICT DIRECTOR, DISTRICT 12 Date '93 T i t S e De.pu ty-C i ty-C leak her COY •.^rtify -;)Cr) My per50nal knz�..ledge that budgeted f„nds are availar)le for th's enturtrance: Accounting Officip"P"O" Date 0.� $ 233000.00 CrapterI S;o:utes Item Year Program 1BC1 Funa Source 1 AMOAT 58� 19Q2 2660.1U;-890 97-93 70.30.010.810 C 262040 892-F 233000.00 Page I of 2 d" 12-ORA-0-HNTB STPL-5181(018) SPECIAL COVENANTS OR REMARKS DATE: 10/30/92 PAGE: 2 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability.of cost payments for'each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 .j AN-14-' a s T 4. J O5: 0O I P: PPOJECT Mr --,MT 12 TEL NO: 714-724-25g1 U452 P02 l� J Cal trans District. 12 2501 Pullman Street Santa Area, CA 92765 Phone: (714) 724.2007 FAX: (714) 724-2019 FAX TRANSMISSION moon% ,e: %"'v I �� ooYFAlir e• rY MIA&W149* 7Dt-1 ` � H mum*FA J 7 4- From: [ 0" �50AIAVO 4 01:;Ot S70Mrs �10010_S Ors.-. geference: SAW ew mesea9v: frpu,t- .f-577 A 7POZ wrw�S . �d N� r .STPL oP0 DQ /r O-OC. Ali.' C%Y/tf/ AS- IS) —rWLV --ewp On/ roce2 7ka'*x'f'K'J 6riWo ez-e A-ftvT 00br2 Oof cry Olk a��-I . 90443111to _. d94-oc-& -/W *�*a 7 zrwee4.R-l'MVj — Cam` -� /-"02 rl/v� .Uwe IMSM i S0Wie-45. A�i�MreONT—� G✓1�7Z� /��iyG- OM rT��%�'�r, %A �t f� . ice a v.r� f a c.cti /-rf=!-n/ 7'7 o ti1', Pogo:.__ of Z j JAN-12-93 TUE 15:01 -PROGRAM a"P LOCAL AQENC FOR FEDERAL -Aid CALTRANSS k.,,L PROGRAMS KEIVNO . 021 ATE AGREEMENT ZP•!iQ�'B NO. 12-5328 PROGRAM SUPPLEMtNT NO. 031 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO, 12-5181 FAX NO. 916327005' `� P, 92 Data�JanAary 12 1993 Location, 12-0 GR Project Numbers ST�?i�g(G01) NaW E.A. Numbaryi•7-40105 Data: t,ocation: Project Number: 46WE.A. Numbert Yo o y January 12, 1D93 12-ORA-0-HNTb STPL-5181(O1e) 12-4O1fln4 r (�. _f, yoo74� 4 Dates January 12, 1993 PROGRAM 6UPPIZMENT NO. 036 ` LOOationt 12-ORA-0-fiNTB to I Proicat Numbers STPL-5181(017) LOCAL AGENCY -STATE AGREEMENT N&J E.A. Numbers 12� 401034 FOR FEDERAL-AZD PROJECTS NO. 12-5181�� Dates January 12, 2993 PROGRAM SUPPLEMENT NO. 035 Locations 12-ORA-O.HNT8 to 4-4) roject Numbers STPL-5181(016) LOCAL AGENCY -STATE AGREEHrVT E.A. Numbers 12-40i024 FOR FEDERAL -AID PROJOCT8 NO. 12-5181 Dates January 12, 1993 PROGRAM SUPPLEMENT NO. 034 Locations 12-ORA-0-MNTB I to Project Diumbers STPL-5181(015) LOCAL AGENCY -STATE AGREEMENT H9-4 E.A. Humbert 12�4oiQ�� FOR FEDERAL -AID PROJECTS 00. 12-5181 Date: January 12, 1093 PROGRAM SUPPLEMENT NO. 033 LoW Location: 12-ORA-0-H14TB to Projeet NWAbor: STPLN-5181(O14) LOCAL AGENCY-STATZ AGREEMENT x . A. Number: 12 �-4�0 ,004 FOR FEDERAL -AID PROJLCT9 NOq 12-5181 G./" 0 a Date: January 12,•1993 PROGRAM SUPPLEXENT NO. 032 Locations 12-OkA-0-IINTB to project Numbsri-STPL-5181(013) LOCAL AGENCY -STATE AGREEMENT H&4JE.A. Numbert 12-40099A FOR FEDERAL -AID PRO,7ZCT8 NO. 12-5181 R 1,t A.Al e"97 bates January 1" 1993 PROGRAM SUPPLEMCNT NO. 031 I Locations 12-ORA-0-HNTB Co 11! Project Number: STPL-5181(012) LOCAL AGENCY -STATE AGREEMENT NGwJ E.A. Number: 12-400984 ?OR FEDERAL -AID WIWECTS NO. 12-5181 Data, January 12, 1991 7 PROGRAX SUPPLEMENT NO. 030 I Location, 12-ORA-0-HNTB to it Project NumbOrl STPL-51A1(011) LOCAL AGENCY-6TAT$ AGREEMENT Nr,W E.A- Number: 12-400974 FOR FEDERAL -AID PROJECTS NO. 12-5181 r -- . 6AU Ep �7+ I Date, January 11, 1913 PROGRAM SUPPLEXENT NO. 029 Locations 12-ORA-0-HNTB to Prejeat Number: STPL-5181(007) LOCAL AGENCY -STATE AGREEMENT Sev✓E.A. Numbers 12-4009 " 'OR FEDERAL-AZA PROJECTS No. 12-5181 Luau ifoo�6Y hls Program Supplement is hereby incorporated into the Local Agency-Stata 11�ent for Faderal Aid which was ant_erad into between the Local Agoncy aQ th State on 02/06/78 and is subject to all the terms and conditions he 1. TRIs Program Supplcment is ad0pt8d in accordance with paragraph 2i C Article II ' of the afovairlant:ionrd Mattcr Agreement under ftot-h - - I FEDERALLY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EXCEL PAVING COMPANY FOR THE REHABILITATION OF VARIOUS STREETS IN THE CITY OF HUNTINGiON BEACH[ THIS AGREEMENT is made and entered into on this 31st day of _ December , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and EXCEL PAVING COMPANY, a California General Partnership, 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 rehabilitation of various streets, herein listed as: I.S.T.E,A._Q. STPL-5181 (005) STPL-5181 (007) STPL-51B1 (006) STPL-5181 (018) STPL-5181 (002) STPL-5181 (001) STPL-5181 (003) STPL--5181 ( 004 ) STPL-5181 (011) STPL-5181 (012) STPL--5181 ( 013 ) STPL-5181 (014) STPL-5181 (015) STPL-5181 (016) STPL-5181 (017) Limits C.C.,Q. Lake Street P.C.H. to Orange 851 Slater Avenue Golden West to Beach 852 Gothard Street Edinger to Heil 853 Lake Street Orange to Utica 854 Atlanta Avenue Magnolia to Brookhurst 855 Newland Street Garfield to Talbert 856 Newland Street Talbert to Heil 857 Main Street Huntington to Delaware 858 Newland Street Yorktown to Garfield 860 Ellis Avenue Beach to Chapel 861 Graham Street Edinger to Heil 862 Warner Avenue P.C.H. to Edgewater 863 McFadden Avenue Edwards to Golden west 864 Indianapolis Ave. Delaware to Beach 866 Atlanta Avenue Alabama to Delaware 867 in the City of Huntington Beach, California; and 11/23/92:sg -1- 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 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). 11/23/92:sg -2- SPECIFICAIIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in -part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1991 edition of 5tandard pecifications 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 11/23/92:sg -3- 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. 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 Two Million Six Hundred Ninety -Two Thousand Four Hundred Thirty -Two Dollars and Ten Cents ($2,692,432.10) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 11/23/92:sg -4- 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence and complete the work within the total number of working days set forth by each respective street project specification (15 total street projects) starting from the issuance date of each individual street project's respective Notice to Proceed. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents.CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and 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 11/23/92:sg -5- 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 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. A separate Notice to Proceed shall be issued for each of the 15 11/23/92:sg ME separate street projects. 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. 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. WARRANTIU 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. 11/23/92:sg -7- 10. CALIFORNIA FAIRM L T AND HOUSINGT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government suede Sections 12900 et seq. 11. CALIFORNIA PREVAILINGWAGE L W 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 L412or Cody Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Cgde, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA_PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labgf 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. 11/23/92:sg -8- 13. CALIFORNIA EIGHT -HOUR _I,Ai� 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 Califgrnia Labgr 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 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. PPNYME�QF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califgrnia Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 11/23/92:sg -9- 16 . EMPLOYMENT OF -APPRENTTI E,a 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. 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. 11/23/92:sg -10- It is agreed by the parties hereto that in case the total work called for hereunder for each of the 15 individual street projects is not in all parts and requirements finished or completed within the number of working 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 consecutive calendar day's delay in completing the work in excess of the number of working days stated in the specifications for each of the individual 15 street projects, 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 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. 11/23/92:sg -11- 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 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. DIFFERINQ SITE CONDITIONS (1) mice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: 11/23/92:sg -12- (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 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 11/23/92:sg -13- 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 each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn 11/23/92:sg -14- 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, SU$$TITUTION OF SECUiTIU At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS, Of SATISFACTION Qf 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. 11/23/92:sg -15- 26. INDEMIFICATION, DEFENSE, HOLD_ HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's 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. 11/23/92:sg -16- 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 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 11/23/92:sg -17- 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 INS11SED MM16)" Wk y 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 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. 11/23/92:sg -18- 30. DEFAULT AND TERMINAIIQN If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 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. 11/23/92:sg -19- 33. CITY EMPLQYEESAND QFFICIALEj 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. CITY shall be entitled to reasonable administrative and 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. VQTICE S 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. Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein 11/23/92:sg -20- 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 R I P T N 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 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.DAV15-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. _MINQRITIFS, bINS 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 11J23192:sg -21- individuals when job opportunities occur and utilize local business firms when possible. 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 CFE Part 60). 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. 11/23/92:sg -22- 41. COPELAND "ANTI -KICKBACK" Ate' 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 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 =S 327 et. seq.) as supplemented by Department of Labor regulations (29 M, 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 I1/23/92:sg -23- 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, 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 11/23/92:sg -24- 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 DEVELOPMEPLT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICESB T I'NQ FROHIBIJED 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. REST OF PAGE NOT USED 11/23/92:sg, -25- 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: EXCEL PAVING COMPANY a California general partnership By: Palp, Inc. a California corporation General Partner By: C-• I C. P. Brown Its: President By: Signature Lp. Brown Pri"Ilt Name (type or print) Its: Title (type or print) p ATTEST: City Clerk REV EWED AND APPROVED: City Admi istrator CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attorney i�y II-Ly'9Z I ITIATED D APPROVED: Director of Public Works 11/23/92:sg -26- r -.,i'S:7f•.L�ili�.ii'�1.7iLWiir.1►+r�av}Syw#.Oaaa//rtrtravaQQv6 u Y�'�^�J V771�D�i1 April 1, 1984 Ta Whom It May Concern: Excel Paving Company, a General Partnership consisting of the -following general partners: 1. Y.A.K. Corporation . 2. Palp Incorporated Both California Corporations, hereby authorize anyone of the following persons to sign, on behalf of, and to bind Excel Paving Company to contracts, bid proposals, addendams, permits and bonds. Y.A.K. Col?poratlan by K. G. Milli%, Pmldent NIP inc. by C. P. etv=, Pregdmt ,•`�"; : ' s••.rti _ J. . r.,w y`• V •� arWO m" STATE OF CALIFORNIA c;r'F!t^IAL SEAL tv,:CHD E F, 0:'AKULICH t�:L Ili My COmmiWCN EA;;tiZF5 AUL;UST 30, 1993 ACKWWLEDGMEN1—General r t.UMea VertnerSho—Wakorts Farm 236CA—Rev % E2 A�'4982Y1L60TT5,INC (Wks ctlssS-21 ss. On this day of psi 11' _ ' , in the year 19-!ta Wore me, the undersigned, a Notary Public in and for said State, personally appeared �^ personally known to me (or to be the person who executed the within instrument on behall of the — Partnership named therein, and acknow• ledged to me that the -� Partnership executed it WITNESS my hand and attic I seal t L4�x' Notary Public in and for said State. REQUEST FOR CITY COUNCIL ACTION December 7, 1992 Date Submitted to: Honorable Mayor and City Council Submitted by: ��Michael T. Uberuaga, City AdministratorGe �� Prepared by: t"Louis F. Sandoval, Director of Public Works Ai'r"VED BY CITY COUNL OL CIT cLL'x Subject: RECONSTRUCTION AND RESURFACING OF 15 ARTERIAL HIGHWAYS Consistent with Council Policy? [ X Yes [ 1 New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: SIATEMENT QE I On October 19, 1992, the City Council authorized a call for bids for the reconstruction and resurfacing of fifteen street improvement projects, all of which are associated with the Federal Combined Road Program (C.R.P.). KLMOMIAMONA� X. 1. Accept the low bid submitted by Excel Paving Company, 2230 Lemon Avenue, Long Beach, CA 90806 and authorize the Mayor and City Clerk to execute the contract for the reconstruction and resurfacing of 15 arterial highways, for a total bid amount of $2,692,432.10; and 2. Authorize the Director of Public Works to expend $3,000,000 to cover contract cost of $2,692,432.10, anticipated construction change orders of $270,000 and supplemental expenditures of $37,567.90 for the project. ANALYSIS: The following bids were received on November 16, 1992: 1. Excel Paving Company $2,692,432.10 2. Sully Miller 2,750,129.97 3. Shawnan Corp 2,848,255.37 4. Boral Resources 2,862,912.55 5. Griffith Company 3,163,168.94 6. All American Asphalt 3,167,040.89 7. Silveri & LeBouef 3,394,996.46 Engineer's Estimate $4,133,773.00 (Corrected to 2,847,895.37) (Corrected to 2,862,912.57) It should be noted that the low bid is nearly 35% lower than the Engineer's estimate. This proved to be an opportune time in our local economy to advertise such a massive paving project. P10 5185 Reconst. & Resurf. of 15 Arterial Hwys. December 7, 1992 Page 2 Contract Amount Anticipated Change Orders Supplemental Expenses TOTAL $2,692,432.10 270,000.00* 7 ** $3,000,000.00 Sufficient funds are available in the project budget. Federal participation is 88.53% of eligible expenditures. The City share of actual construction costs is expected to be less than $400,000. The Director of Public Works is requesting the authorization to spend up to 10% of respective contract amount for any unforeseen work such as: overexcavation of asphalt concrete and aggregate base in various locations, and increases in asphalt concrete, concrete curb and gutter. ** Monies required to cover soil testing and lab work. ALTERNATIVE ACTION: None AIIACHMNTS Location Map Contract MTU:LFS:LJT:dw 3350g/1 &2 0 1✓�z�/LN© 57' ti � 3 r^ 5 � G.f,T FiFt� Y YO O wN ��8s8 cc gs-/ 4T�ri/T4 4VesF ccc;P!�-45677 * 85S PROJECT LOCATION MAP ACORD CERTIFICAT2� S_ISRA ICE ;�a� �-z 1z11c��z192 0 tR - 171"s CERTIFICATE 1S ISSUED AS A .4ATTER OF INF'OiLNiATIOy ONLY AJtiD � CONTERS'NO RIGHTS U ON THE CERTIFICATE BOLDER. THIS CERTIFICATE �cXANDER & ALEXANDER OF CA DOES NOT A.NCM, fXTY-10 OR ALTER THE COYERA(;g AFMROED BY THE j5D TNW CENTER )RIVE #600 POLICIE.SBELOW. ti _OSIA r-ESA, CA 72626-1907. r . COMPANEES AFFORMNG COVERAGE )entce Grady . ---... %' 14 - 957- 6005 COMPANY LET"rl=, A CARRIERS PER ATTACKED ADDENDUM iP a l!R cn :xcel Pavirq Cony 3.0. Box 16405 _Ong Beach, CA ?C806 _ Lrrm COMPAxY Ls:s slol C CO'APArtY L.eT ru D MMPAN*e L3 rrmK XOKE ;NDEMHITY COMPANY Intarnationat Insurance Co. UNICARE T 03 15 TdC RTEFY THAT THE PCIUCIE3 OF V SURANCB LISTED MOW KAv8 smN rSSUFD TO THE INSURED NA.MBD ABOVE FOR THE POLICY PERIOD INDICATED: NOTIVITHSTANDWo AINY RSQUIRSS 'N . T ERA1 OR CONDITION OF ANY CONTRACT OR O HRR DOCUK T WrM RESPECT r0 WI>7CH THIS CERTIFICATE MAY BE ISSUED OR 14AY PERTAIN. TIM WSURANCE AFFORDED BY THE POLICIM DESCRIBED HEREIN 25 St18JECT TO ALL THE M%(S. VCLUSIONS AND CONDMON'S OP SUCH POLICIES. lLMM 3HOWN W,Y HAVE BEEN REDUCED BY PAID c1.uM. :)D _ POLICY EYnC M! POLICY 07TRAT)ON Tn TYPst or IrmuRArCi roLrcr MUM e:t _ DATNUMLaWM DATE fWUM0m) Lrurry aCtZRALLiAIIILRY GLNULALADGRWATE t 5 MIA A x MMbTICIAL cBNsn�AL G�ASILIrY CO S HP42i34 i DJ01 J92 10f01/93 - • - - rROOucrsCO;n�orAoo. ............. ! .................... 1 000,000 ....= CLAJftMADC X OCCUR. Authority a ADV. DOMY s Inc [udad . ,...PWONAL 0wtisl►z a<cOwMcTOW,$ Plk0T. 40. 0957092/34 OCI.IPLR>Q+Cx $ *1 00D, D00 ---- •- - . ..... , - " CS1. Each Occur. PRE DAMAGE (Asw am tin) - s . 501000 --- ------ 3 Aggraqats MED. EX"SB r/z, as µr&W - f Uct Covered 'WIVMODnA LIABILITY COs TAMED SINGLY _ X - AKYAL, M SAP716900 10/01/92 i0/O1/93 LDAC s 1,Q00,000 - ALL O%WIM At=t POVILY ?4"Y _. 317N3DULJZ AVrO3 : CPU rm"W ! _ X - 31IRbALMOa _.. "--� •. aOOLLY NAl lY f X kOM�wNBDALTO! ." �_• IPw.e"m) CARAC6 L'A#AJ Y z L— r r'I-- lROPIIIIY DAMAGE ! YXCSSS L[ADIlL7iY FACrt 0001.,"MICB f 1, 000, 000 X La1aR�,�PORsi :262121514 10/01/92 10/Of/93 AGGUGATss S 1,QOO,OQO arHER n-LAN UUBKELLA POAM wOxxxRiCOMPZMATIO)i UE01109x414b8 16/01/92 1DIO1J9� x arAT[ITDRY)lkfTt ;= { EACH ACC .a). rr .... .... I .1, 000, DOD Y}i?LCY�A!'LIAatL1TY DLMUE--POL)CYID4IT ! 1 0m 00U 019We_-PACE IDAP OYU .6 1.000.000 arson 93=11Tror or arMTIoNLg4cATtomuvilacLuaraciu mc:Ls a: Cm-bir.ad Aoad Program Street Re -slab Project CC-8S1 thru CC-858, CC-860 chru CC_ C 864, CC-866 and CC-867 ERTFICATE-HOL. ER - _ " CMCELLAVO�1 _ SHOULD ,tint OF T14E ABOVE DFACRMED POLICMS BE C NCM I Br3FORE Txa EXARATTON DATE THEREOF. TIM aSSUING COMPANY WU�L W.AdL 3D DAY3 WRM 13N NOTICS TO nia CERTMCATE HOLDER NAsCW To HE City of Huntington Seach LEFT, 2000 Main Street "Untington Beach CA 92648 AUrMoMin La[ ,:Dsnisa Sra {di,V E-X,—=A:CO VffiONb% r n► v Jum %.s vviwir raL o JL P.O. Box v ., A GENERAL ENGUiEERING OONIRAC IOR LONG BEACK CA 9OW S STATE LKMNSE NO. gffl&ft (213) 599Z 454186 "A" STATE LICENSE NO. 454le6 "A" ECHRATION DATE OF +MARCH 31, 1994 "PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 7028.1.5 I. C.P. ZRM nESIDENT, DECUM MWER PERUZX OF PERMW THAT THE FOREGOING STARTS CONTAiCED HEYE r CONCERNM FAVING CORPANVS CKST ACTORS LICENSE ARE T= AMID CORRECT AND TO THIS D=ARATION IS ME ON TM ]tad IM OF JANUARI, 1992. AT LONG BUCH, CALMRNIA." EXCEL PAVING COMPANY i P. BROWN 'RESIDENT (LL r.L 'YH, V 11r %3 V VlrAJrl`IL1 % A P.O. SOX 16405 -AC iNEIM ENGVQXR C3 OONTRACTM TANG WACK CA 9OWSM STATE LICENSE NO. (213)5995841 454186 "A" C.P. Brown — 33 years experience working for other general contractors with the past 13 years being self-employed as an active partner in own general engineering contracting business. K.C. Mille. —_35•years experience vorking for other general contractors with the past 13 years being self-employed as an active partner in own general - engineering contracting business. 41 *OENGY,Oa OWNER eA0JEC1 LOCATION TYPE OF WAK s AMOUNT COMPLETE s l..v.............._ ...................rasrarrarrerrrarrarsrtFrtetaarrararFFrraarar.{aresr......trirrfrarretrri�rCt ' LEVER BROTHERS 6300 E. SHEILA ST.. COIWERCE OIL TREATMENT 6 DUST CONTROL. 6.970 12/90 IIOML-BANK 1217 N. CATALINA, RED. BEACH SEAL L STRIPE 2.810 01/91 BOWERS TRACTOR SERVICE, INC. 1300 S. BEACH, LA HABRA AC TRENCH PATCH 2.470 T1/9D L.B. COM. COLLEGE OUST. ALAMEDA S NAY AVE.. LB PARKING LOT CONSTRUCTION 74.400 OT/91 CBE OISTR16UTION 2225 NINE* ST.. SAN PEORO AC RAMPS TO SCALE 1.500 12/90 CANTER CORP. TRASUCO CANYON SEWER TRTMM AC PATCHING 600 61/91 JOHH fYALLOY CRISWALO ST.. SAN FERNAN00 AC PATCHING 3.900 12/9Q POMONA VALLEY EQUIP. 2010 W. 71H ST.. LONG BEACH AC TRENCH rATCNING 13.8214 12/90 RICHARD LANE 11101 HENDRY. L II1TN, LA TRENCH PATCH 1.585 02/91 C/O HIODEN HILLS 5151 ROUND MEADOW. CALASASAS STfRPING 2.570 03/91 s1Ee[A fAiIfIC CL1rRAur A!C?OLT TRfMIf PATCH 1.1-0 OI (, g t COIV CF LC5 ANCE1_(S :•AN lIU`S YLVD. 1,111LL1 IMf!:OY[I1lt1S 5".20! C"-/!.; OlkwID01E CONS1. Co. 1200 G[ilY CENTER DR.. LA CL(^mjNC. GRADING. STRtICTUtk[ 113.76g AI/q1 ELHOI'L POPE JACKING fAY-8("14f) TAXI PrG.. LA AC PAHfH 1.80G f.1(g1 J.W. SIEPHE*4S LLEC. 6100 ~L&T AVE.. VAN NUYS S1RtET INPROVEMENIS 1.650 02/91 1lAJIMA INTLXMIIOKAL, INC. 201 CENTRE PLAZA DR., M0011. PARK 1EMCO"ItV ACCESS ROAD 11:779A 01/91 CALIF. S144TE U"IV. OON MILES 1000 E. VICTORIA ST.. CARSON CONCRETE HIES PAD 279,53 05/91 RAWLINGS NECHANMCAI COer_ LAPHAH St.. EL SEG/1000 TRENCH PATCH 2.000 03/9, OIIILIIO[ItE CONSt. CO. I7011 G(TTY CENIEf OR.. L.A. /tOAA CONSI*AMCIION C4.872 05fgt AOYAIICEO NECNANICAL CHLVRON RCP.. EL SEfUNVO 1RENCN PATCH 1.753 03/31 CARNEY 69FOTHERS. rkC. 1200 VISTA OEL PAR, L.A. PAVE TRE44" 12^4 03/91 RAVMOND DOLLAR 1919 SANTA #"ICA OLVD. A.C. PATCH 7.240 05/91 SINCLAIR CORP• PRINCESS i 14o F11Y. NEWHALI A.C. PATCH 2.275 05/91 SHNCLAIR CORP. 7tN ST. C BELLFLOWER, L.R. A.C. PATCH 2.375 05l9t 114NR4i"WPASA AIRPORT AWN. 2627 110LLYWOOD ►KY. KVMANK A.C. f11 vlxc 26."2 0561 AMERICAN LANDSCAPE CUCVCR 4@ MAOISAN. CULVER CITY PARKING LOT 107.750 10/91 CITY OF REOOM o @cAcN AVE. G G PAN, RED. UACK STREET CONSTRUCTION "'"9 0E4M1 AOVANCEO MECHANICAL 3855 1A16EW000 OLVO.. L.G. TRENCH PATCH 650 05/91 St" TAYLOR LAX - IIRADLEY TERMINAL MISC. A.C. PATCH 2.000 07/91 JOHN MALLOY EUCLID 6 VARIOUS. FULLERTGM TRENCH PAYE 314400 06/91 CITY Of SOU VALLEY SYCANOU G ROYAL STREET RENMILITATION ?6.974 07/'91 SCHULTZ fECHAMICAL 2270 G WIm"TQN, CAP30N rRE1101I PAVE tt.942 C7/491 HOC OOKS MXTIOM 2531 E. 67M ST., N.L.a. A.C. PATCH 1,700 05191 AOV*A= OIECILANICJAL 324 W. Et SEOINIDO •LVO., E.S. A.C. IATCN 2040 05/31 II`L ROAD oAa RESURFACE G SEAL 13,218 10/91 IM1111S LONG RCACH PICK %� A.C. PATCK 3.100 47/1T tA11LIN0 MECHANICAL &I NORTNROP AVE.* NAIP111lHAf1E 1RCNCH PATCH 3.Do3 07/91 11LL ROGERS ORAS" AVE., St"AL KILL FIVE GRADE AM A.C. PAYE 2,315 07/91 ..A. CO. PUB. WORKS PCH. I OM# CITY RETAINING HALL 6 ,"43 OE/91 ELKS LOOCE 4101 E. VII.LOH ST., LONG OEA.1i PHSTALL R1012 TUBA LANE 40,120 0"1 :ITY OF LOS ANGELES SOTO ST. 6 46TH ST., L.A. TURNEL CLOSURE 16*30 "1 111HFS Int"EST 601 SO. FICUEROA ST., L.A. STREET RESURFACE 17@"Q 06/431 ALTRANS FAIRFAX AVE. G 10 FWrt., L.A. PARKING LOT 60,713 11/91 ALIF. FAIRS fINAMC. AUTH. " FAIR ORMYE, COSTA MESA A.C. PATCHING C RESURFACING 96,669 67/91 ONVERSE ENYIR011Nfj m 1700 OCLARK St., LONG GEM* TRENCH PATCHIII[G 920 07/91 .A. 00- SANT. GIST. VARIOUS LOCATIONS, TORRAIICE STRM PATCHING 4.5" 07/91 CIRILTZ f1EmmocAL CHE"44, CL SEx11D0 fINC C&AOE G A.C. PAVE 27,167 OTMI LWJOMES NORTHPOIMT, Il0WAR0 IIUQIIES am STREET IM rIWVE1fJa$ 32,600 12/f 1 I&WASI UR ILiSOCIATES . ..700 31LVER SM,- fAtAS- EROES——A.t..WICK— - - 3 400o7fs-. EVER 4100S. 63" E. SHEILA ST., L.A. A.C. PUEFMOYALS i REPLACE � ili.�71 099/" MAN K AIRPORT 2627 OKLYiA00 WHY, OU RGANK A.C. ftlu 3,000 ' =I rw WILSHIRE G.K. PATCHING 1105087i1x�sTE #vjAiEWjff 55NOIMIMIC, L SPEED 00 AGLNGv OR OMNCR PROJECT LOCA140H TYPE OF WORK $ ._AMOUNT - COMPLETE rEr Ccf�la.lficiafc...r..F.......rFrLFFFirCaaiFlila......calilicFl.......iicC!!!i!i!!i!!filifiil........ ilaa!!!i!!f>:tl�!! � p I. f..LICTRIC, INC. x1 HORIHRur AVE. MAWTMORRE A/C PATCHING 1.390 08/97 X4 CONStR47CTION FfRES1ONf CENTER. NORtlALK A/C PATCHING 3,650 08/91 FLUOR OANIEL. INC. UNOCAL, 1JILKINGION A/C IIIE14CH HPAICKING 16.000 10/91 IPL 4800 OAKGROVE. PASADENA A/C RESURFACE 5.984 08/91 3ELLAMAR#mE-JtFFERSOH M.S. A/C PATCHING PARKING L07 IMPROVEMENTS 7.BOO 08/91 ,R8. INC. 102I E. SEPULVEDA. CARSON BASE L PAVE 52.020 11/91 :ITT OF OGEANS4DE STATE TREE OR.. OCE.AMSHOE STREET MlMPING 157.634 11/91 ITY OF L.A./OWP ARTESIAN ST. @ AVE. 26. L.A. A/C PAVE 7,007 10/91 8%no HSA1110N ELE►tERIARY 1PLVGRND AESUILF. 6 CONC. FENCE 284s.5" 11/91 6 R ELECTRICAL 9TH 6 HARBOR FWT. L.A. TRENCH PATCH 7.000 09/91 +OBIL OIL CO. }700 W. 1401o. 10RUANCf A.C. PAYE 5,145 oq ENKIN CONSTRUCTION CO. 1AI18fRT t PUENTE, BREA TAENCN PATCH ,lil l<!t'1 C.UNy',f.1C1 :�H1 }/%; Cf%&-ca(' Ai111Ciltf: f, f•.v ll:ft•t'1. PAYE Y"OA7 41q/01 Ilr Of CORONA Cp1A IT. 0tWGRATH pRIVE SIZE OLVfLOr4fhJ PRd`JEC7 19t).843 I;/!Pt 41 I-CUSv1 <1 1. H('tYl, Rf U. Of At'H If:flic" 1'�1(M 7.4'10 014 tqI .L. WI:GIM). IhL. 1923" SAI.COY 51.. KLSEOA SR[NCM PAVt 3.590 09/91 RMS14LONG RCHINEf.Y iO.j rAIA1A sl.. SOUTH GAP( PAC%S*G LOI PAVE 7,406 Oq/91 VOCAL IbbO W. AHAMEIM GRADE LAC PAVE 13.488 09/qI .A. CO. SANI. 04S1. 4125 U. VALLEY BLVD _ vALNVI GRADE G PAVE 224.647 11/91 tWLINGS MECHAMfCAL I MURIHRIIP AVE.. NAWIHORk( TRENCH PATCH 2.000 10/91 iNKLY COHPARas 20,71 HOt&V401U WAY. Slfs:(u.Iltc 1AXIUAY OCIVL 14.%01. 11/91 )VAIICED HECHARICAL BUSCH. VAN NUTS TRtNCM' PAVE 1,200 11/91 1VANCEO MCHANICAL CriEVRON USA. EL S(GUNOO 1/t(NCH PAVE $00 10/91 A. CO. SANT. GIST. WORKMAN HILL ROAD, WHITTIER CONCRETE STORAGE PAO f6.369 01/92 4EA 1AYLOR IMPERIAL L VISTA Oft "AS. t.A. ROADWAV PAVE 3.500 10/9, A. DEP1. Of AIRPORIS TAXIWAY -F-. LAX PE TROf4AT t4.832 11/91 IB /EEtL. CRANE "I SO. LAKE ST.. 1'ASADEMA TRENCH PATCH 5" 11/9l VANC0 CONST. DIVISION/SENUETT, L.B. ALL" RECONSTRUCTION 17.516 12/91 WIN C"S1. 2650 1114E AVE.. L.B. PARXLNG 1.01 PAVE 2.166 11/91 TV Of CYPRESS CEDAR GLEN PARK PARKING LOT REPAVE 21.905 03192 NK114 CONST. CHEVRON WINERY. EL SEGUNDO TRENCH PATCH 5.64,0 11/91 R CONST.. INC. MIRAFAR SHERATON MOTEL, S.M. STORE DRAIN SYSTEM IIA4200 I "I P VEOOES Nce1oAN HARCISSA i SWU1 SAY DR. ROAD RL.PAIR 2.760 11/91 L 2"1 HILLOII ST., LONG BEACH PARKING LOT PAVE 316w T1/91 t� LONG BEACH PIER J MILL SITE 7REk4X PAVE 2,628 11/9t A4S LONG BEACH E P.Q. COROR tAT1ON ISLAND COWFEE TRENCH ?AVE 20,000 01/92 T CENT my 102 SWI WARI2 AVE.. SO. LATE RECOIL AUCT RlTAD140T 231278 32nI 171n'a2-1ti W. CENTURY. FNGLCU000 STORTI GRAIN 2,100 12/41 W* ELECTItiC 4600 OAR SROVE OR.. PASADENA TRENCH PAYE 1.956 6I/92 'Y Of INDUSTRY PHOENIX DR. G ROBIN WAY A.C. OVERLAY ST. 24I1544 01/12 CM .. Co. MR EO ftUOC STORAGE 3272-3200 MOTOR AVE., L.A. STREET IMPROVEMENT 30,026 12/91 It 11iJ�CaI COfOi• COLLEGE S351 JUN" ST., OKTARIO CLARK i CARSON, LOMC KApH SITE pMffA6E REPAIR SEAL G STRIPE =7.255 12/!1 12,500 41/v DOW SATTHNG CAGES )901 PARAMXXT OLVD., LAKEWOOD SEAL = STRIPE 2,310 OT/92 OLE >fJFTE,RPRISES 1512 V. 7TH St., LONG REACH TRENCH PATCH 7.5m 01/92 K IIOPPS HS WNG REACH 1576 TORRAKE BLYO. SEAL L STRIPE 3,200 OT/4J2 IRE PROPERTIES PIER J VARIOUS - PATCH TRENCH PAVE PARKING LOT REPAIR 4,000 01/22 a.029 "1 E DEIIELOPHEIIT ILTZ fHECIHANICAL ORANG11/004) CHMME1N45 NOW AC PATCH 1."5 01/0 L111CS gIJCHAIIICAL- ... _ &MLSEY CANTON RD. - CHATSWQATlt 01 MORTMW AVE. 0HALl1110RIHE POTHOLE PATCHING 3,1160 0/92 -TREJM PAVE-- , .��.. �--.^�3.00Q--a2i9Z-e •-. WWI 1iLI mic :RILL COH[STRIICTIOK 12723 E. 166Tit. emsTOS TRENCH PATCH SR�Q ' Z 7C EMGfMEERHNG EERTH 91, SAN PEORO TRO M PATCH ON 02/92 !R DANIEL 3700 E. SOUTH ST., LAMOM I ISCEU.AREOUS PAYHFIG 1."3 O�n 2 ELECTRIC UNOCAL REFINERY, VILMNCTOM A.C. PATCHMAN ;,y00 O4/92 TR1f PCN S MIN ST., HUM. R£AC1H TRENX PATCH 1,700 02f92 MiCtfic TRARSP. a. 1 6 PALISADES. SAHTA MNICA TRENCH PAYE 425 0"2 MIS cut. ST., L.A. ROAD a0WA, 4.136 QV32 Ali f��i,IRIC. Y yaNST•. ro. . AIRLINES tOPULSION LABORATORY IIIG SYSTEMS INC. ;TEPHENSON U40 BANK Of CALIF. ,K ROGERS IRpORAT10N �v. --_--_ --_=srrcarcerccerccccer c cc cc e c c=c c_u a---cc _t-cceccs.c+accecee I.B. NAVALsU 51+IVPYA� 7PENCH PATCH eecccecec Ea9i 02192 CANOGA @ OXNARD. I.A• TRENCH PATCH 9. 03 WORLD 4800 PASADENA TPAVE 1515 - 755 04'92 OAKGROVE. 21ST TRENCH PATCH HE 1.260 03192 ST. Q CHERRY AVE.. S.N. TRENCH PATCH PIER f/BERTH 2O6. LONG BEACH SITE PAVE S.6 a3/42 11345 OLYMPIC SM.. L.A. TA7CH. SEAL i STRIPE 5.429 3/92 1250 E. SECONO ST.. L.B. PARKING LOT 5.205 NEECE t 42KO ST.. TORRANCE RECOKSTRUCT ROAD 1+:733 0$%92 04/92 EXCEL. PAVING COMPANY ' ` P.O. .Box 6405 A GENERAL ENGINEEF NG CONTRACTOR LONG BEACH, CA 9U806 5195 STATE LICENSE NO. 409=M (213) 599,5841 454186 "A" LIST OF REFERENCES I. CITY OF TANG BEACH, 333 WEST OCEAN BOULEVARD, LONG BEACH, CA. 90802 OONTACT: BOB HOWARD, 310590-6441 CONTRACT AMOUNT: $2,988.948.00 TfCPE OF HONK: STREET RECONSWCTION, CURB, DATE COMPLE'TED.-J LY, 1991 GUTTER, SIDEWALK, SEM, S"RH DRAIN & WATER LINES 2. CAL TRANS, 3195 AIRPORT LOOP DRIVE #B, COSTA MESA, CA. 92686 CONTACT: LAM 1E.I.ERt1AH, .714 556-9334 COTsi7.'btACT AHOUNT: $1,878,871.00 • TYPE' OF WORK: LAGUNA CANYON ROAD. ASPBA,LT DATE -COMPLETE: OCTOBER, L991 RESURFACING. STORK DRAIN. CURB, C'UT'!ER 3. LOS ANGEL COUNTY PUBLIC WORKS, 900 SOUTE FREHONT AVENUE, ALSMRA,-CA CONTACT: BILL. DALY, 818-•458-3118 CONTRACT AMOUNT: $655,149.00 TYPE OF WORK: SIERRA HiGMWs STORK DRM; DATE COMPLETED: APRIL. 1991 VATEK,-SEWM, ELCAVATIOK AND- A.C.•PAVIN0 4. PORT OF LONG BEAM, 925 RARBOR PLAZA, LONG BEACH, CA. 90802 CONTACT: RON BUSH#-310-590--4129 VARIOUS PROJF(.'TS PERFORMED �. L. A. EUBOR DEPABTJ=, •425 SOUTH.PAW YEB,DE STREET, 90 MRO, CA. 90731 COHTACTt GIL ALBERTO, 310-519-3522 VARIOUS .PROJECTS PERFORMED 6. JET PROPULSION LABORATORY, 4800 OAK GROVE DRIVE, PASADERL, CA. 91109 CONTACT: BERME RAM=, $181354-4654 VARIOUS PROJECTS PERFORMED RECEIVED BY !l T reasurer s $ 4,133,773.00 ave Weil331NZER`S ESTIMATE_ PROFOCINEEt JOB AND CC NUMBER: CC— Combined Road -Rrxgr�m BIDDERS NAME RANK TOTAL BID AMOUNT All kmerican Asoh $ 3 ? Q Boral Resource $ Excalibur Const. $ Excel Paving $ Griffith Co. $ Irvine Pipeline $ L & W Engineering $ Bobbie Mack --F �$ Pavement Recycling Systems 1$ Silva Const. Is ;i.lveri & Le Bouef I $ ;20141 a az 4(/ Shawnan Corp. Smithson Elect. S. U. Sully Miller $ a, 750, lag. q� RECEIVED CITY CLERK CITY OF HUNTI?Mr.l?i ^-Fe.rlf, CALIF. Noy I G 2 oo PH T ZGI 111 TO �-', , 91 AGN J3 Al. 03h]133>- Bond No. .'CHUBB GROUP OF INSURANCE COMPANIES BID BOND FEDERAL INSURANCE COMPANY Amount $ Know All Men By These Presents, That we, Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars (S 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 9 day of November A. 0- nineteen hundred and 92 WHEREAS, the Principal has submitted a bid, dated \ovember 16 1992 , for Federally Assisted Pavement rehabilitation Project CC-851-858 : CC 860-867 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Excel Paving Company Principal By. U. rovIR FreSWIVIL_ - FEDERAL INSURANCE COMPANY By: Doff as A. Rapp At rney in Fact PNhTE7 S .5_wCqnN l-W) W4706 CZXC USA POWER OF ATTORNEY Know all. Mon by these Presents. That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren. New Jersey. an Indiana Corpora - ion, has Constituted and appointed• and does hereby Constitute and appoint Douglas A. Rapp of Santa Ana, California— !ach its true and lawful Attorney -in -Fact to execute under Such designation in its name and to atftK its corporate seal to and deliver for and on its behalf as surely hereon or otherwise, bonds of any of the following classes, lo-wiL 1- Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or fried with any Sheriff or Magislrate, for the doing or not doing of anything specified in such Bond or Undertaking- 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the taws or regulations relating to Customs or Internal Revenue, License and Permit Bonds or other indemnity bonds under the laws. ordinances or regulations of any Stale. City, Town. Village, Board or other body or organization. public or private. bonds to Transportation Companies. Lost Instrument bonds, Lease bonds, workers' Compensation bonds. Miscellaneous Surety bonds and bonds on behalf Of Nalaries Public. Sheriffs. Deputy Sheriffs and similar public officials- 3- Bond! on behalf of contractors in connection with bids, proposals or contracts. 1n WlsneW 111111fiM70r. the a•d FEDERAL INSURANCE COMPANY has. pntsusim Io 11s By Laws. tausW These pl*"-4 to be %,fined by ns Vice Pros"M s^d Assistant. SaCt{tary {red hS corporate MN ' be h.rNo sRned this 30th dal' o' .Tune 19 92 FEDERAL WSURANCE COMPANY By D D:tron Vice Pre110"m .TATt Of KIM dtRsty :ounty of Somerset ss- On r►r 30 t h d, or June 19 92 . bear. RM personally carte Ac hud D O Connor to ma known and by me known ro be AttRtanl secretary or the FEDERAL INSURAWX -OMPAMY. the corpornon described In and Which executed the W*2dn? Power a Arwroy, and the amid R.cru.d D O'Connor being by rrte ditty P-ANn. and deAose and sr! that ha vs AUMW Secrwmry 01 the EDERAL INSURANCE COMPANY and knows trip corporata will rhenad. inn ins wet affixed to fife br99wV POeet of Anormy is awn cowale seal and was lherero mrflad rrf aulltOrdy of I"* Brts" d amid ornp" and trial he .9 "4 Power of Artprney u Assroarm Secrrary of said Corr+pamy by like m ahonry. and Ihal he rs mcduainled wnh James D Dimon and krq.s him 10 be me vice Pres4ent or said Cornpery. .not Iltn dte aymaswe or said James D Dunn tubsertbW I0 1610 Power or Attorney a vt"genuine hanpwming of said James D Dion and was them subscrbed by sMhonry 01 said BY taws and on deponer++s prownwe lolar.al seal" �Y nth S. ,: Oih Acknim wag" an0 S n to berore me J�L► ,o' PIN the dais .nmen w y PL>OI10 1 41:[NAI( Nouty I.W. S TI Nola,y L e�w...i c ru•''<, slato of New hour CERTIFICATION A No. 2091359 .LATE of NEW JERSEY Commission Expires J* 29 }yam � ss- ;ounty of Somerset 1. " unaerogriea. A 191WIt Satrwery of the FEDERAL INSURANCE CtMAPANT. do nor" eenhy that the Iciftw.ng is a I" a"rpt Irbm the BrLlws of Ine said Company as adopted by its Board nl Directors -t March 2. Im and trill this Br Law .s in full brie and emect "ARTICLE XVM Secion 2 AD donda. vr0enaa�ngs. Comm= and ahel rrrNfulneras olrNr than as sbote I0r and 0n behalf a1 the company which It to aulhori=W by Saw 0r at chaMt to esatule mry and anal] be a"Culea n the M1amf and 06 peltalr at IlM Company paher by the Channan or the vie CyuRman or the Pnsgent or a Vice Ptisbem. FrMly with the Seuetary or an Assrslem Secretary under wow r"o"ne da'sVnwrons. except rho am1' one of m0ne owners or snorneys rn.ha dengnared in any raaotrron of RH Beard 0f 03metors or the Esecutne Committee. of rn any powet or anwney esecvW as prw4ed 10r rut Somon ] bebow. may eketute any Such bond. un0erraking or other edrparvin as provided In, such IvWulon 0r pOwar or 0110n'tPy S.aom 1 AN p0 ars d amrney lot and on behan d vte c intili y may and "be womitaid in er rt "ww 0n bonalr ol top Corn"rvj ed»r by fife Chrmian or the Vie Cho mw or the Plea okra or a Vie Pneaoere or W AasrMn %hoo Pfelisdom. lortry with the Secrwry in an Aasman ter_,wary. wider tow tespectrre dpe4nabona Tire ah¢+alnre a aucn oncxers Rray be or grout. prnaro or Mhograar,ea The a gnalure d e uh 01 the tpopsrrhg othoaH Gre:n+w. Vp Ctta rrrnan. Ptes4ex. mr7 Yte Pres4enl, ant Aaalsrara Yca P+efdeA. mry Seaeury. arty Aealant Socmnaryand The sad d 1he Com p" mvfbe srl.Kea br taes+m+ae b any poi-w of nl0mney or carer 0ertticJla nalmohg the no appo.atnp Agatrant seasrano or Hbmeyp+r Foci ax pwpoan DNy CO etMM" mild afrealtng bonds pro undartakrttgs and otrwr wrings ob+pawry on ere tlalure in~. arid any such Pow@ d anorneY or cem+rCars bearing such hCk.n1le stgnnure p hcimGe will Shan to vakd and wnong upon tie Company and any such power so /=/cured and cenrt.ed by such ladlmse srgnnurs and twe"Lle ten /hall be vakd and Diint" upon Rip Comparry wlnh reaped 10 any bold or uno"king 10 vhCh tl A anacnad .. I further O&nft that sad PEDERAL INSURANCt COMPANY .a duty kDansed to tnnsaet ed" and Surety ovslnmss ateach or the States of the UnaW Stetei d Amarrta. Daur rry at Columbia- Pwno Wco- end eactn 01 the rW inM Or Cohada wnh In* aseephon or Pnna Edward tend. and n ns0 duly kc"W to become spit auWyon bor+Os. undanakrnga. W . parmmed or mduaed by law t.1ha untrained Aas.atant Set ens y o1 FEDERAL INSLIRAIICE COMPWV. d0 hereby cen.ty thw the roreDan9 Power of Ait0rnay b in lull lone and /lien+. T yi� G"nundard ermyhandthe Nd alsaidCompanywwarren.NJ,trig 9 day November .19 92 orpor r i� Aaalptanl SlIcreloy r a i �kDIAM�' wl.+tto t5l40t i e. 4-Vw GENtIPAE rcpauPpLY 2. ID03331 1:PA o� Tal:� T All , a h FEDERALLY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EXCEL PAVING COMPANY �-- FOR THE REHABILITATION OF VARIOUS STREETS IN THE CITY OF HUNTINGTON BEACH Table of Contents Section Page 1 STATEMENT OF WORK; ACCEPTANCE OF RISK . . . . . . . . . . 2 2 ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS . . . . . . . . . . . . . . . . 3 3 COMPENSATION . . . . . . . . . . . . . . . . . . . . . . 4 4 COMMENCEMENT OF. PROJECT .. . . . . . . . . . . . . . . . . 5 5 TIME OF THE ESSENCE . . . . . . . . . . . . . . . . . . . 5 6 CHANGES . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 NOTICE TO PROCEED . . . . . . . . . . . . . . . . . . . . 6 8 BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 WARRANTIES . . . . . . . . . . . . . . . . . . . . . . . 7 10 CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT . . . . . . . 8 11 CALIFORNIA PREVAILING WAGE LAW . . . . . . . . . . . . . 8 12 CALIFORNIA PREVAILING WAGE LAW - PENALTY . . . . . . . . 8 13 CALIFORNIA EIGHT -HOUR LAW . . . . . . . . . . . . . . . . 9 14 CALIFORNIA EIGHT -HOUR LAW - PENALTY . . . . . . . . . . . 9 15 PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE . . . . . . . 9 16 EMPLOYMENT OF APPRENTICES . . . . . . . . . . . . . . . . 10 17 PAYROLL RECORDS . . . . . . . . . . . . . . . . . . . . . 10 18 INDEPENDENT CONTRACTOR . . . . . . . . . . . . . . . . . 10 19 LIQUIDATED DAMAGES/DELAYS . . . . . . . . . . . . . . . 1 20 DIFFERING SITE CONDITIONS . . . . . . . . . . . . . . . . 1� 21 VARIATIONS IN ESTIMATED QUANTITIES . . . . . . . . . . . 13 22 PROGRESS PAYMENTS . . . . . . . . . . . . . . . . . . . . 14 23 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES . . . 15 24 AFFIDAVITS OF SATISFACTION OF CLAIMS . . . . . . . . . . 15 25 WAIVER OF CLAIMS . . . . . . . . 15 26 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 16 27 WORKERS' COMPENSATION INSURANCE . . . . . . . . . . . . . 16 28 INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . 17 29 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS . . . . . . . . . . . . . . . . . . 18 30 DEFAULT AND TERMINATION . . . . . . . . . . . . . . . . . 19 31 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS . . . 19 32 NON -ASSIGNABILITY . . . . . . . . . . . . . . . . . . . . 19 33 CITY EMPLOYEES AND OFFICIALS . . . . . . . . . . . . . . 20 34 STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 20 35 NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . 20 36 CAPTIONS . . . . . . . . . . . . . . . . . . . . . . . . 20 37 FEDERAL PARTICIPATION . . . . . . . . . . . . . . . . . . 21 38 DAVIS-BACON ACT . . . . . . . . . . . . . . . . . . . . . 21 39 DISCRIMINATION, MINORITIES, ALIENS . . . . . . . . . . . 21 40 EQUAL EMPLOYMENT OPPORTUNITY . . . . . . . . . . . . . . 22 41 COPELAND "ANTI -KICKBACK" ACT . . . . . . . . . . . . . . 23 42 CONTRACT WORK HOURS AND SAFETY SATANDARDS ACT . . . . . . 23 43 IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT . . . . . . . . . . . . . . . 24 44 ENERGY CONSERVATION . . . . . . . . . . . . . . . . . . . 2410 .A 45 HOUSING AND URBAN DEVELOPMENT . . . . . . . . . . . . . 25 46 LEGAL SERVICES SUBCONTRACTING PROHIBITED . . . . . . . . 25 l 47 ENTIRETY . . . . . . . . . . . . . . . . . . . . . . . . 26 • v t F) V �y 6�V �,41Co —11 cc85� ATL YA � Z G4� sT 7- 4q4 PROJECT LOCATION MAP 3 1� FEDERALLY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EXCEL PAVING COMPANY FOR THE REHABILITATION OF VARIOUS STREETS IN THE CITY OF HUNTINGTON BEACH E • • 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 EXCEL PAVING COMPANY, a California General Partnership, 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 rehabilitation of various streets, herein listed as: STPL-5181 (005) STPL-5181 (007) STPL-5181 (006) STPL-5181 (018) STPL-5181 (002) STPL-5181 (001) STPL-5181 (003) STPL-5181 (004) STPL-5181 (011) STPL-5181 (012) STPL-5181 (013) STPL-5181 (014) STPL-5181 (015) STPL-5181 ( 016 ) STPL-5181 (017) C•C• Lake Street P.C.H. to Orange Slater Avenue Golden West to Beach Gothard Street Edinger to Heil Lake Street Orange to Utica Atlanta Avenue Magnolia to Srookhurst Newland Street Garfield to Talbert Newland Street Talbert to Heil Main Street Huntington to Delaware Newland Street Yorktown to Garfield Ellis Avenue Beach to Chapel Graham Street Edinger to Heil Warner Avenue P.C.H. to Edgewater McFadden Avenue Edwards to Golden West Indianapolis Ave. Delaware to Beach Atlanta Avenue Alabama to Delaware in the City of Huntington Beach, California; and 11/23/92:sg -1- 851 852 853 854 855 856 857 858 860 861 862 863 864 866 867 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: 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 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 Hid Sheet(s). 9 11/23/92:sg -2- • • CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY.. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work Covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1991 edition of Standarific4t-ionsr Public wQrk5 Cgns1ru tion, 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, 1 the Special Instructions to Bidders and the Contractor's 11/23/92:sg -3- 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. 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. 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 Two Million Six Hundred Ninety -Tao Thousand Four Hundred Thirty -Two Dollars and Ten Cents ($2,692,432.14) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 0 11/23/92:sg -4- • • • ti+! +�! �Tal�3s�lXi�� CONTRACTOR agrees to commence and complete the work within the total number of working days set forth by each respective street project specification (15 total street projects) starting from the issuance date of each individual street projects respective Notice to Proceed. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents.CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and 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 11/23/92:sg -5- 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 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. 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. A separate Notice to Proceed shall be issued for each of the 15 1� �/ 11/23/92:sg -6- ID separate street projects. 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. 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. 11/23/92:sg -7- 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING_ACT 0 CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the Clifornia Gayernmenb Code Sections 12900 et seq. 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. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California La or 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. 11/23/92:sg -8- 13. CALIFORNIA EIGHT -HOUR LAW California LabQj Cg!de, 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 Lat2gj Qgde 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. CALIFORNJA EIGHT -HOUR LAW_- PENALTY Pursuant to this Agreement and in accordance with Section 1913, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each worker employed hereunder by CONTRACTOR or any subcontractor for 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 Califor-nia Labor Code Section 1815. 15. PA Nj QF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Californi-a_Labor QQde, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 11/23/92:sg -9- �/ 16. EMLOYMENT._OF AFPRENTI-CES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. I ':.c.9) 19 0:5 BWOTTII� 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 CalifQrnia Labog Qde Section 1776, in general. � 0-4 J1qU0 �V • � to :_' tip . 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. 11/23/92:sg -10- • 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder for each of the 15 individual street projects is not in all parts and requirements finished or completed within the number of working 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 consecutive calendar day's delay in completing the work in excess of the number of working days stated in the specifications for each of the individual 15 street projects, 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 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. 01 �j• I1/23l92:sq -11- v CONTRACTOR shall, within fifteen (15) days from the 0 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 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: �!1 '7 11/23/42:sg -12- Y • • (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time- Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 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 11/23/92:sg -13- 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. Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) is days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn fj 11123/92:sg -14- 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. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS_ OF_ SATISFACTJON_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. 5' 11/23/92 : sg -15- '�/ I 26 . 0=1FICATION, _DEFENSE,_ HQU__ HA MESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and .demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 27. KQRKERS' CQMPENSA3!1QN_ INSUMNCE Pursuant to 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. is 11/23/92:sg -16- 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 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 immediate) notify CITY of an known depletion of a tit Y Y p aggregate 11/23/92;sg -17- limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 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 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 yto the City Attorney for approval prior to any payment hereunder. �1 j 11/23/92 : sg --18- 3 0 . DEEAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 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. 11/23/92:sg -19- 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 GQvernment Code Sections 1090 et seg. CITY shall be entitled to reasonable administrative and 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 7' Sections of this Agreement are for 0 convenience and reference only, and the words contained therein 11/23/42:sg -20- • • • shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 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 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. 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. DI-SCRIM!NATION, 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 !� g 11/23/92.•s -21- individuals when job opportunities occur and utilize local . business firms when possible. 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 M Part 60). 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 (36 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 0 subcontractor when applicable. 11/23/92:sg -22- • • 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 repair of public work, to give up any part of the compensation to which he is otherwise entitled. The CONTRACTOR shall comply with the provisions of Sections 1.03 and 107 of the Contract Work Hours and Safety Standards Act (40 3U 327 et. seq.) as supplemented by Department of Labor regulations (29 M, 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 11/23/92:sg -23- materials or articles ordinarily available an the open market or contracts for transportation. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, 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. 1 :r!_ • _s •, Agreements with federal participation shall recognize ti mandatory standards and policies relating to energy efficiency 40 �j� 11/23/92:sg -24- 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.). CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SEEVICESI H HI E 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. REST OF PAGE NOT USED $A 11/23/92;sg -25- 4 7 . ENTIRE 0 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: EXCEL PAVING COMPANY a California general partnership By: Palp, Inc. a California corporation General Partner By: C. P. Brown Its: President By: Signature Name (type or print) Its: Title (type or print) ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator 3a i� 11 /23/92:sg -26- CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor APPROVED AS TO FORM: 7 City Attorney 5 F 1 L ,l-tq-jZ I ITIATED D APPROVED: Direc I or of Public Works • • STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; (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, punted and published in the City of Huntington Bbach, County of Orange, State of Caffornia, 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: October 22, 29, 1992 November 5, 1992 qr I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November S , 199 L- at Costa. a a, California Sign ure 'PUB..0 NOiFrES PUBLIC NOTICES PUBL�� NOTL'ES NOTICE INVITING SEALED BIDS CASH CONTRACT NUMBERS 851 856 862 852 857 863 653 658 684 854 860 866 85S S61 887 Notice Is hereby given that the City Council of the City of Huntington Beach, Catrfomia, vatl recewo seated bids for the Combined Road Pro- gram Street Rehabilitation Projects within the City of Huntington Beach, California, in accordance with the Plans and Specifications and altecial provisions on file In the office of the Director of Public Works. Docu• manta will be avallable on October 20. 1992. A charge of $225-00, not refundable, will be required for the Bid Proposal package, Specifications and accompanying Drawings DIRECTOROF PUBLIC WORKS ESTIMATE C.C. Engineer's No- Protect Name - LImits` Estimate 051 LAKE STREET - P.C-H- to OrwVo S126,060-00 852 SLATER AVENUE - Golden West to Beach 230.696-00 S53 GOTIK&RD STREET - Edinger to Heil 162,376-00 854 DEDUCTIVE BID SCHEDULE. LAKE STREET - Orange to Utica 632,330-00 855 ATLANTA AVENUE - Magnolia to Brookhurst 694.137-00 856 NEWLAND STREET - Garfield to Talbert 412.807-00 857 NEWLAND STREET - Talbert to Heil 628,929-00 858 MAIN STREET - Huntington to Delaware 161.492.00 860 NEWLAND STREET - Yorktown to Garfield 172.204-00 861 ELL1S AvENuE - Beach to Chapel 56.545.00 862 GRAHAM STREET - Edinger to Heil 268,761.00 863 WARNER AVENUE - P-C.H, to Edgewater 163.199.00 864 MCFADDEN AVENUE - Edwards to Golden West 171,696.00 866 INDIANAPOLIS AVENUE - Delaware to Beach 140.163-00 867 ATtANTA AVENUE - Aiabama to Delaware t t 0.378 00 TOTAL ENGINEER'S ESTIMATE $4,133,773.00 Plans and Spedfications, together with Bid Proposal Package, may be - obtained at the office of the Director of Public Works, City Hall, Hunting- ton Beach. CalltorNa- No bid will be received unless It Is made on a blank form furnished by the Dltec for of Put9tc Wotks. The specW attention of prospective bid- ders Is called to the proposal requirements. set forth In the Bid Proposal Package and apecificatlons, for fWl directions as to the bidding. All bids Wit be compared on the basis of the Director of Public Works estlmate of the quantities of work to be done. - Each bid Shall be make out on a fort to be obtained at the office of the Director of Public Works, Developmerd Wing, 20M Whin Street, Hvntir*- _ ton Beach, California; Shall be sealed and filed With the City Clerk at the: Civic Center, Second Floor Admintstration Buttding, 20M Main Street, - Huntington Beach, California, on or before 2.-M PM of November 16, 1992. and Shan be opened by a committee composed of the Coy Cle&- the City Attorney, and diroctor of Public Works or their authorized- sentative, and the results of Bald bidding will be reported to the City Counelf of laid City of Huntington Beach at their regular meeting to be held on Monday, the 7th of December, 1992, at the hour of 7:00 P.M- In the C1ty Council Chambers In the Civic Center of Bald City of Huntington Beach. and shall be acted upon by said city Cxrinra of o.. I 1 PROOF OF PUBLICATION - NOTICE INVITING SEALED BIDS CASH CONTRACT NUMBERS 951 856 862 8S2 857 963 853 858 964 954 860 866 855 961 867 Notice is hereby given that the City Council of the City of Huntington Beach, California, will receive sealed bids for the Combined Road Program Street Rehabilitation Projects within the City of Huntington Beach, California, in accordance with the Plans and Specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on October 20, 1992. A charge of $225.00, not refundable, will be required for the Bid Proposal package, Specifications and accompanying Drawings. C.C. Engineer's N14. - Proiect Name - Limits Estimate 951 LAKE STREET - P.C.H. to Orange $128,060.00 952 SLATER AVENUE - Golden West to Beach 230,696.00 853 GOTHARD STREET - Edinger to Heil 162,376.00 854 DEDUCTIVE BID SCHEDULE LAKE STREET - Orange to Utica 632,330.00 855 ATLANTA AVENUE - Magnolia to Brookhurst 694,137.00 856 NEWLAND STREET - Garfield to Talbert 412,807.00 857 NEWLAND'STREET - Talbert to Heil 628,929.00 859 MAIN STREET - Huntington to Delaware 161,492.00 860 NEWLAND STREET - Yorktown to Garfield 172,204.00 861 ELLIS AVENUE - Beach to Chapel 56,545.00 862 GRAHAM STREET - Edinger to Heil 268,761.00 863 WARNER AVENUE - P.C.H. to Edgewater 163,199.00 864 MC FADDEN AVENUE - Edwards to Golden West 171,696.00 866 INDIANAPOLIS AVENUE - Delaware to Beach 140,163.00 867 ATLANTA AVENUE - Alabama to Delaware 110,379.00 TOTAL ENGINEER'S ESTIMATE $4,133,773.00 Plans and Specifications, together with Bid Proposal Package, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the Bid Proposal Package and specifications, for full directions as to the bidding. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. N-1 Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 PM of November 16, 1992, and shall be opened by a committee composed of the City Clerk, the City Attorney, and Director of Public Works or their authorized representative, and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 7th of December, 1992, at the hour of 7:00 P.M. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of December 7, 1992. The City of Huntington Beach, California, reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this 19th of October, 1992. ATTEST: Connie Brockway City Clerk 3333g/10&11 N-2 REQUEST FOR CITY COUNCIL ACTION October 19, 1992 Date Submitted to: Honorable Mayor and City Council AppgOVED BY CITY C�i3NCIL 14-- !9 Ism• Submitted by: �QMichael T. Uberuaga, City Administrator Prepared by: t-Louis F. Sandoval, Director of Public Works ct Subject: RECONSTRUCTION AND RESURFACING OF 15 ARTERIAL HIGHWAYS Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception X Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments; &Ica • Staff has completed Plans and Specifications for pavement reconstruction and resurfacing of fifteen (15) street improvement projects, all of which are associated with the Federal Combined Road Program (CRP). These projects have been approved for advertising by the Federal Highway Administration. Approve the Plans and Specifications for the following projects and authorize the Director of Public Works to solicit bids for construction: Location Wmits CK, # Lake Street P.C.H. TO Orange Ave. 851 Slater Avenue Golden West St. to Beach Blvd. 852 Gothard Street Heil Ave. to Edinger Avenue 853 Lake Street Orange Ave. to Utica Avenue 854 Atlanta Avenue Magnolia St. to Brookhurst 855 Newland Street Garfield Ave. to Talbert Ave. 856 Newland Street Talbert Ave. to Heil Avenue 857 Main Street Huntington St. to Delaware St. 858 Newland Street Yorktown Ave. to Garfield Ave. 860 Ellis Avenue Beach Blvd. to Chapel Ln. 861 Graham Street Edinger Ave. to Heil Ave. 862 Warner Avenue Edgewater Ln. to PCH 863 McFadden Ave. Edwards St. to Golden West St. 864 Indianapolis Ave. Delaware St. to Beach Blvd. 866 Atlanta Ave. Alabama St. to Delaware St. 867 ANALYSIS: Last year, Congress enacted the Intermodel Surface Transportation Efficiency Act (ISTEA). This Spring, Caltrans encouraged each County in the State to quickly submit highway projects in order to exhaust remaining funds from the old highway act, so that Combined Road Program (CRP) guidelines would be used in processing funding requests. Those guidelines are somewhat streamlined compared to proposed new ISTEA guidelines. Also, ISTEA funds will be spent primarily for such things as transit, car pool, bicycle, traffic operations centers, alternate fuel vehicles, and transportation demand management programs — not for simple highway projects. J ' P10 5/85 RCA - Reconstruction & Resurfacing of 15 Arterial Highways October 19, 1992 Page 2 This June, OCTA encouraged each City to submit a list of arterial highway rehabilitation projects for 88.53% CRP funding. With rehabilitation projects, the review process could be very short. The State laid down some very restrictive deadlines. All projects were to have completed plans and project approvals by September 30 of this year, with all projects to be awarded for construction by December 30, 1992. During the months of July and August, the City of Huntington Beach design staff developed, completely designed, and submitted seventeen (17) highway projects. The September 30 deadline for project approvals has now passed and Caltrans has announced the final results. Statewide, $93 million in federal funds has been authorized by the Federal Highway Administration, with Orange County receiving the "lion's share", $47.5 million. - This amounts to ninety-eight (98) projects, county -wide. The second highest number in the State was only thirty-two (32) projects for San Bernardino County. Many counties were unable to submit even one project, given the timing restraints. Of the ninety-eight (98) projects approved for Orange County, Huntington Beach has received approval for fifteen (15) projects. This is the largest number of projects in the County. Federal funds from the ISTEA Program have been committed to encumber up to 88.53% of all eligible construction cost (including construction engineering and management) with the remaining 11.47% and ineligible cost to be paid by the City. The total estimated construction cost for these fifteen (15) projects is $4,787,000. Of the $4,787,000 estimated construction cost, the City will be responsible for approximately $725,000, with the remaining $4,062,000 being reimbursed to the City by the Federal Government upon submittal of the construction invoices. Construction of these fifteen (15) projects will begin in January and probably continue through 1993. FUNFUNPING SOURC The majority of the construction cost of the project (approximately 8S%) will be funded by the Federal Government through the ISTEA Program. The remaining portion of the construction cost will be funded by the City from Gas Tax monies budgeted for said purposes in Account No. E-SF-PW-979-6-32--00. ALTERNATIVE ACTION: Deny approval of the Plans and Specifications and forfeit the pre -approved Federal (ISTEA) Funding of 88.53% construction cost encumbrance. LiEIK'P+TIZU i Project Location Map MTU:LFS:LJT:gd 3324g/11-13 V W,OmW45�2 tlts� 1 SA I =�/fJ•'///fl/11�f' NI �F,�Ov��'✓ •�lr� cc-¢ Cc* 6.5Z MOMMMMA Now 1 PROJECT LOCATION MAP • EXCEL PAVING COMPANY 2230 Lemon Avenue LONG BEACH, CALIFORNIA 90806 TO CITY OF HUNINGTON BEACH 2000 MAIN STREET HUNINGTON BEACH, CA. 92648 SEALED BID: COMFINED ROAD PROGRAM FOR THE FEDERALLY ASSISTED STREET REHABILATATION PROJECT CC-851-858, CC-860-864 CC-866-867 BID DATE: NOVEMBER 16, 1992 @ 2:00 P.M. l i I 1 I CITY OF HUNTINGTON BEACH 2000 MAIN STREET Louis F. Sandoval Director Notice To All Bidders: - P. O. BOX 190 CALIFORNIA 92648 COMBINED ROAD PROGRAM GENERAL BID PACKAGE for the FEDERALLY ASSISTED PAVEMENT REHABILITATION PROJECT CC--851 - 858, CC -860 - 967 ADDENDUM NUMBER 1 October 30, 1992 Public Works Department (714) 536-5431 The City of Huntington Beach is changing the format of this project from awarding fifteen contracts to one Contractor, to awarding one contract for the construction of fifteen street rehabilitations to one Contractor. Please make the following changes to you bid package: Discard the original general bid document (green title sheet) denoted as: "Combined Road Program - C.R.P." "General Bid Package" and replace it with the new General Bid Package (orange title sheet) included with this Addendum Number One. 2. Disregard sections: A - Notice Inviting Sealed Bids B - Instruction to Bidders C - Proposal D - Sample Contract in all of the fifteen individual project specifications. These sections are now null and void and have been replaced by the new Notice Inviting Sealed Bids, Instruction to Bidders, Proposal, and Sample Contract that have been included in the new General Bid Package. All other sections in the individual Project Specifications shall remain in force. We request that all bidders acknowledge the receipt of this Addendum with their proposal by completing the attached acknowledgment and submitting a copy of it with the bid package. CC No. 851 — 858, CC-860 — 867 Addendum Number One October 30, 1992 Page two Please be advised that the Project Plans, Engineers' Estimate, bid items and their related quantities for this project remains unchanged by these revisions. Should you have any questions regarding this Addendum, please call David Webb of this office at (714) 375-5077. City of Hun ington 13 fey' Doug Kato, P. E. Principal Engineer DK:DW:gd This is to acknowledge receipt and review of Addendum Number One, dated October 29, 1992. We, the undersigned, understand that this revision of the new document shall be included in the Bid Documents. Excel Paving Compaq Company Name _ — 3�1 t�.Z Date 3330g/9& 10 - C- �, IN�� By C.P. Brown President CITY OF HUNTINGTON BEACH 2000 MAIN STREET Louis F. Sandoval Director Notice To All Bidders: P. O. BOX 190 CALIFORNIA 92648 Public Works Department (714) 536-5431 COMBINED ROAD PROGRAM for the FEDERALLY ASSISTED STREET REHABILITATION PROJECT CC-851 - 858, CC-860 - 864, CC-866 - 867 ADDENDUM NUMBER 2 November 11, 1992 The following revisions/corrections shall be included in the bid documents: 1. GENERAL BID PACKAGE, STPL-5181 (006) CASH CONTRACT 853, page C-6s Bid Item #006-12 states: Construct 0.75' P.C.C. bus pad. REVISE TO: Construct 0.75' P.C.C. bus pad/0.67' Aggregate Base Course. 2. GENERAL BID PACKAGE, STPL-5181 (018) CASH CONTRACT 854, page C-8s, Bid Stem #018-7 states: Aggregate Base Course. REVISE TO: Asphalt Concrete Base Course. 3. The bidder shall remove the FEDERAL SUPPLEMENT from any of the 15 project specifications and co. mplete the necessary forms within said supplement. Once completed, it shall be submitted with the GENERAL BID PACKAGE. 4. The AGENCY has established the Disadvantaged Business Enterprises (D.B.E.) goal for this project at 13 percent. 5. The following is hereby added to the Special Provisions of each respective project specification: 7-8 Project Site Maintenance 7-8.1 Cleanup and Dust Control (The second paragraph is amended to read): Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean wherever construction, including restoration, is incomplete. l �S Addendum Number 2 Combined Road Program November 11, 1992 Page two 6. The bidder is instructed that the installation of Pavement Fabric will require a tack coat regardless of the dry pavement temperature. All bidders shall acknowledge the receipt of this Addendum with their bid proposal. These revisions do not change the Engineer's Estimate of the Bid Opening Date/Time for this project. Should you have any questions regarding this Addendum, please call Douglas Stack of this office at (714) 375-SO78. City of Huntington Beach Douglas Kato, P.E. Princip,41 Engineer DSK 1 have reviewed Addendum Number 2 dated November 11, 1992. I understand that the Federal Supplement along with Addendum Number 2 shall be included in the bid documents. Excel paving Company Company Name L Date 3342g/21 &22 By C.P. Brown President SECTION C PROPOSAL for the FEDERALLY ASSISTED PAVEMIENT REHABILITATION PROJECT in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTMGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the number of working days set forth by each respective project specification starting from the date of each respective Notice to Proceed. BIDDER declares that this proposal is based Upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sc rn prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and maybe readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and w-ords shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. C-1 r_ Accompanying this proposal of bid, find 1bj- in the amount of $ /Oz ' which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signaturt i r j 106/� z C.P. Brown ftida C.P. Brown Prmiden C-z STPL-5181 (No.) C.C. No. PROJECT NAME - LIMITS AMOUNT BID 005 $51 LAKE STREET - P.C.H. to Orange % QQ 007 852 SLATER AVENUE - Goldenwest to Beach �v J 28 006 853 GOTHARD STREET - Edinger to Heil 018 854 LAKE STREET - Orange to Utica 002 855 ATLANTA AVENUE - Magnolia to Brookhurst 001 856 NENVLAND STREET - Garfield to Talbert1'�198 ID 003 857 NEWLAND STREET - Talbert to Heil I4C71 004 858 MAIN STREET - Huntington to Delaware 4. �C�J r . `011 860 NEWLAND STREET - Yorktown to Garfield 012 861 ELLIS AVENUE - Beach to Chanel 013 862 GRAHAM STREET - Edinger to Heil � D 10, 014 863 WARMER AVENUE - A.C.H. to Edgewater 015 864 WFADDEN AVENUE - Edwards to Goldenwest 016 866 INDIANAPOLIS AVEI LIE - Delaware to Beach 017 867 ATLANTA AVENUE - Alabama to DelawareO-Z TOTAL AMOUNT BID: $ /,�� J /� D TOTAL AMOUNT BID IN WOR S��f: � C-3 GENERAL BID TABLE ju- BED SCHEDULES _ STP1-5181 (005) LAKE STREET - P.C.H. to Orange CASH CONTRACT 851 BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 005-1. Jump sum Mobilization � 11Y Dollars to (/ Cents S s Per lump sum 005-2. lump sum Traffic Control Plan f83 ��,,-��"� °� Dollars �7 U $ Cents Per lump sum 005-3. 9,280 Cold mitt edges of existing A-C. pavement sq ft O (� Doiiars Cents Per squa a foot 005-4. 1,490 Unclassified Excavation . cu yd " r -t� (� Dollars s D• M � Cents Per cubic yard 005-5. 300 Place 12" wide reinforcing membrane over Jin ft sealed cracks r-� J �v 5 Dollars S Cents Per linear foot 005-6. 2,573 tons 1.45' aggregate base � .�> � 7�d Ua p�.J � � Dollars Cents S Per ton 005-7. 430 0.25' A.C. base course tons a t� t �—W D Dollars n �n F- � � s Cents Per ton S STPU5181 (005) CAS s CASH CONTRACT 851 Item Estimated Item witb unit price Unit Price Extended No. Quantity written in words Amount 005-8. 500 0.15' A.C. overlay tons @ 4 O Dollars -7/ 120 v.. Cents $ue- A9 Per ton 005-9. 7 Recoat sewer manholes each T t-,—) U \ Dollars OD % Cents Per each 005-10. 9 each Adjust sewer manhole covers to d T-W —, D s b_U °ls�- a �� Cents Per each 005-11. b Adjust water valve covers to grade each d 00 Dollars n 5 o Cents Per each AMOUNT BID IN FIGURES: $' AMOUNT BID IN WORDS: A o��S t nC C-2s STP1,518I (005) CASH CONTRACT $51 STPI,5181 (007) CASH CONTRACT 852 STPL-5181 (007) SLATER AVENUE - Goldenwest to Beach CASH CONTRACT 852 BID SCiFEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 007-1. lump sum Mobilization 10 ® Dollars $s1 0b Cents Per lump sum 007-2. lump sum TraControl P!t'k Dollars � �21ry� pD JVf/ Cents S $ Per lump sum 007-3. 47,990 Cold rnill A-C. pavement r,,q ft n (� Dollars ((�� 0d L/r—) lid 5 Cents Per square foot 007-4. 111 Unclassified Excavation cu yd ®� e" Dollars /�� 190 b Cents Per cubic yard 007-5. 33,000 Place pavement reinforcing fabric over entire sq yd project area $ f ® Dollars Cents Per square yard 007-6. 696 tons A.C.B. leveling course -�. (� Dollars Cents Per ton 007-7. 73 A.C. base course tons � I �ollars JPO $ Cents Per ton i rA STPL-5181 (007) C-3s CASH CONTRACT 852 Item Estimated Item with unit price Unit Price Extended No. Quantity wntten in words Amount 007-8. 3,213 0.15' A.C. overlay tons CC Dollars Cents Per ton 007-9. 31 R oat sewer ma#holees� V �\ each ®4 �� 1 OD Cents Per each 007-10. 31 Adjust sewer mar ole covers to grad -each e us `7 li-j Z, v "\. Dollars Cents Per each 007-11. 32 Adjust water vat<ve cover$ to grade � ti� U f� �'� d�-��C d\ each (� �� Dollars ill Cents S Per each 007-12. 15 Replace traffic det�Ctor loop each Dollars Cents Per each 007-13. 101,960 Place anionic seal coat sq fl .s @ Dollars l � eats $ $ tj�- Per square foot AMOUNT BID IN FIGURES: $ q2121,00 AMOUNT BID IN WORDS: h o d e � -c v � � -e��- � 6 � i t f J •� r� o C—C,f��J STPL-5181 (007) C-4s CASH CONTRACT 852 STPLL5181 (006) CASH CONTRACT 853 STPL-5181 (006) GOTHARD STREET - Edinger to Heil CASK CONTRACT 853 BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 006-1. lump sutra Mobilization ® O Dollars fJf/ � Cents Per lump sure 006-2. lump sum TraT control plan�A\ ® \t � u n c £ r� Dollars YZ Cents S Per lump sum 006-3. lump sum Furnish project ( Tcontrol �� lollars 00 ® v k, " � r U Cents Per lump sum 0064. 21.940 Cold plane. grind A.C. pavement sq ft d ® Dollars f S� S U Get t Cents alL Per square fo 006-5. 149 Cold plane grind P.C.C. gutter tin ft Dollars a 4-4 - Cents Per linear f 006-6. 350 Remove existing 8" curb and gutter 'Po Iin ft U r (� Dollars DL) f)f'; 00 �/'� G S $ Cents Per linear foot 006-7. 2,625 Remove existing sidewalk sq ft ^ldri}}veway () V (� Dollars ✓r\ U S� Srn Cents Per square foot STP1r5181 (006) C-5s CASH CONTRACT 853 Item Estimated Item with unit price Unit Price Extended No. Quantity wntten in words Amount 006-8. 287 Unclassified Excavation cu. yd Dollars 00 Cents S Per cubic yard 006-9. 350 Construct 8' P.C.C. curb and gutter lin ft C� Dollars t� J r-. 01 7 15- s s,6 Cents Per linear fool- 006-10. 338 sq ft Construct P.C.C. commerical driveway jl� arst90 U Cents Per square foot 006-11. 2,625 Construct P.C.C. sidewalk sq ft ® W D Dollars ��j�� n Q V-k C-) y� v i% S Cents Per square foot 006-12. 1.200 pp cc f/ ��e. MO �AbS pC8%tASE. sq ft EGAfE Dollars / /7P� v !/ CentsS/ Per square foot 006-13. 510 Construct A.C. base course ton t �t�J ® Dollars /j 0 OD D Cents Per ton 006-14. 1,640 top Construct A.C. pavement overlay UDollars ® AH'!`� In Y � c� Cents S Per ton 00&15. 48,180 Apply SS-1 seal coat sq ® a Dollars 1 Cents Per square toot STPL.-5181 (006) C-6s CASH CONTRACT 853 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 006-16. 800 Place 12' wide pavement reinforcing lin ft membrane over seaJed cracks v (� _ _ Dollars S oo �1 b Cents $ Per linear foot 006-17. 9 each Adjust manhole to grade r( f OIL,, le U hLti^r Q olla � a /� d S 0S Cents Per each 006-18. 9 each Recoat sewer manhole ]v w V �, k�t 11 /)1'�} 4 ® D611ars �U Cents Per each 0D6-19. 20 each Adjust water valves to grade Dtolar 4 42 P 5l�— s jJC� O Cents Per each 006-20. 20 each Install traffic loops , `, k ®�.6 Dollars Cents Per each AMOUNT BID IN FIGURES: 1 $ AMOUNT BID IN WORDS: U �l k d f C-7s _-aall . �1A STPIr5181 (006) CASH CONTRACT 853 STPL,5181 (018) CASH CONTRACT 854 STPL-5181 (018) LAKE STREET - Orange to Utica CASH CONTRACT 854 BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 018-1. lump sum Mobilization U p P 0 o ®� Doll rs vv,iy. d � Cents Per lump sum 018-2. lump sum Traffic Control P n 1�rP4 I �� ®_ 1 I �sK " t Dollars 55Z22— Cents Per lump sum 018-3. lump sum Furnish project tra fic control Dollars Cents Per lump sum 0184. 28,475 Cald milt ed�'es of eXIStIn 2 A_C. pax•ement sq ft i d Dollars Y/ $ Cents C 5 uare foot 018-5. 9,465 Unclassified Excavation cu yd S `' 1 Dollars S JD'[20 S Z)0,0 Cents Per cubic yard 019-6. 3,537 Prace 12" wide reinforcing membrane over iin ft sealed cracks Dollars �� S 0 % (J S. -. f Cents Per linear foot 018-7. 9,235 Aggfftvlek�acowtsw ASPHALT CONCRETE tons BASS COli RAE �� J ® 1��J4 Dollars )1 /7 V VA S $U Cents Per ton 7 STPL-5181 (018) C-8s CASH CONTRACT 854 D Item Estimated Item with unit price Unit Price Extended No. Quantity wntten in words Amount 018-8. 3,673 0.15' A.C. overlay tons Ui"'r` 'l 1 PAL Dollars Cents Per ton -- 018-9. 27 each Recoat sewer manholes Dollars Cents Per each 018-10. 27 each Ad ust manhole covers to grad �� J l� �� V h Cg? Dolars00 U Cents Per each 018-1I. 35 each1, Adjust water valve covers to erae , Dollars /a /7 ,l Cents (/ SOW, Per each 018-12. 140 Install 3" SCH. 80 P.V.C_ conduit tin ft tires S Dollars tn V Cents 5� Per linear foot 018-13. 4 each Install rll boxes c G ` U 1k G" J i� �' \ y� —Q ® Dollars f� � � $ Cents Per each AMOUNT BID IN FIGURES: � � /1� 5D AMOUNT BID IN WORDS. A 6�I�-�s c C-9s STPL-5181 (018) CASH CONTRACT 854 STPLr5181 (002) CASH CONTRACT 855 STPL-5181 (002) ATLANTA AVENUE - Magnolia to Brookhurst CASH CONTRACT 855 BII] SCHEDULE Item Estimated ]tern with unit price Unit Price Extended No. Quantity written in words Amount 002-1. lump sum Mobilization ® Dollars h Cents Per lump sum 002-2. 244,980 sq ft Cold plane grind U ® Dollars S 1LJLCL S �J Cents Per square foot 002-3. 4.381 Unclassified Excavation cu yd. ® 1 A ( Dollars Cents Per cubic yar 002.4. 12,534 Construct asphalt concrete pavement tons - Dollars Cents I Per ton 002-5. 14 each Adjust water aloe to grade W b V, G ,, 4al Do�ars Dv �� Cents SG Per each 002-6. 17 each Adjust manhole to grade [[ - �- ®�Lu� �' `��.4�`� � ��} Doll rs 4 4ra,00 ifv h o s Cents Per each 002-7. lb each Recoat sewer manhole �v"J,-,j ��WO Dol a s r a� Cents Per each STPL-5181 (002) C-10s CASH CONTRACT 855 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 002-8. 5,858 Install pavement fabric sq yd ��J ® Dollars $ Cents Per square yard 002-9. 200 Place 12" wide pavement reinforcing Iin ft membrane over sealed cracks d0 Dollars $ Cents Per linear foot 002-10. 40 Install traffic loops �� _ each ®� 0 k irk A--� J ' -Doli�r� (ID av h 0 Cents Per each 002-11. 1 Install traffic pullboxll each 1 b IL v k PV—<- cl ® Dollars (1L .�j0 Cents Per each 002-12. 112 Jack and bore 1.5 ' P. V.C. under sidewalk lin ft y— �!-W Lbutr Dollars .�� lJ "-YA •r% Cents Per linear foot 002-13. 450 Furnish and install new conductor cable hn ft (4 wires) and connect to new detector loops/cabinet (/ U ► � s $ ® Dollars Cents Per linear fi 002-14. lump sum Furnish traffic control plan Dollars Cents Per lump sum STPL5181 (002) C-11 s CASH CONTRACT 855 Item No. Estimated Quantity Item with unit price written in words Unit Price Extended Amount 002-15. lump sum Furnish project traffic control ` C� Dollars a /I S Cents Per lump sum AMOUNT BID IN FIGURES: $ � 9G5 �O 11 AMOUNT BID IN WORDS: 61--� ') uS A--,-d hk 4 [ � d C', r-I-3 _� � V-� hUWd" Gf- QUk STPLr5181 (002) C-12s CASH CONTRACT 855 STPL-5181 (001) CASH CONTRACT 856 i -4 STPL-5181 (001) NEWLAND STREET - GarCeld to Talbert CASH CONTRACT 856 BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 001-1. lump sum Mobilization J 411-� �+� W U —k cs 5 Dollars 0 Cents Per lump sum 001-2. Sump sum Traffic control plats AA �- � --�h o uS ® ! Dollars '0 I7. O (� o Cents SU S Per lump sum 001-3. lump sum Fumish project traffic contro 4_4\ �v� hDollars Cents Per lump sum 001-4. 54,406 Cold mill edges of existing A.C. pavement sq n �\ o a Dollars Cents $ Per square foot 001-5. 387 Unclassified Excavation cu ya j - t`J Dollars ®`�� Cents Per cubic yard 001-6. 31,097 Place pavement reinforcing fabric over entire sq yd I project area 1 -11 �� Dollars S ✓ 44f._q TJ-1-A ® L2 Cents Per square yid 001-7. 5,590 Asphalt concrete for overlay and tons reconstruction Cents Per ton ?v STPIr5181 (001) C-13s CASH CONTRACT 856 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 001-8. 19 each Adjust water valve to grade ®� �) is i1 U k-11 A D011 Dl� d� U Cents S� Per each 001-9. 25 Adjust manhole to grade each liars Qn S Gents Per each 001-10. 20 Recoat sewer manhole each ollars %., po L� Cents Per each 001-11. 40 Install traffic loops each } w . Pam �Aollars - U Cents Per each AMOUNT BID IN FIGURES: I$S/ _jg AMOUNTBID IN WORDS: :Iwo � v h o� A '� It Q r S- i tc--T\ c -?-� STPLr5181 (001) C-14s CASH CONTRACT 856 r.' STPL-5I8I (003) CASH CONTRACT 857 T T - STPL-5181 (003) NEWLAND STREET - Talbert to Heil CASH CONTRACT 857 BID SCHEDULE heat Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 003-1. lurnp sum Mobilization ® Llars 1 \ ` Cents Per lump sum 003-2. Iump sum Traffic control plan ® Dollars n h,7 f]00 2 Cents Per lump sum 003-3. lump sum Furnish project traffic control j1 I c Dollars � ' � Cents Per lump sum 003-4. 77,272 Cold miii edges of exist-Ing A.C. pavement s9 ft Q ® Dollars !(! Cents Per square foot 003-5. 1,306 Unclassified Excavation cu yd Dollars — 1 ` Cents Per cubic yard 003-6. 51,900 Place pavement reinforcing fabric over entire sq yd project area O Dollars � . L � ents _ S 0.4 S� Per squ re yard 003-7. 8,800 Asphalt concrete for overlay and tons reconstruction o (.� �-�11ars V V Cents Per ton STP1r5181 (003) C-15s CASH CONTRACT 857 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 003-8. 67 Adjust water valve to grade each L_ d -k—, e,{�;�t �` _ Dollars Cents Per each 003-9. 35 eacb Adjust manhole to grade _ � b u h ®- _ Doll r D� �� , Q Cents Per each 003-10. 34 each Recoat sewer manhole �\ v rL• c t� f� 1 vi vDoli L ] Cjf Cents Per each 003-11. 50 each Install traffic loops �f ® 1.,� Dollars? Cents Per each AMOUNT BID IN FIGURES: 1 $ �D AAIOUNT BID IN WORDS: t-- � J \, " I S I 4J1, +--kJ c, C-15s STPL-5181 (003) CASH CONTRACT 857 STPL-5181 (004) CASH CONTRACT 858 STPU5181 (004) MAIN STREET - Huntington to Delaware CASH CON'?rRACT 858 BID SCHEDULE Estimated Item with unit price Unit Price Extended Quantity written in words Amount lump sum Mobilization ad"" T Dollars �` r rN ' Cents Per lump sum lump sum TrafficControl Plan �u uW ® Dollars Cents Per lump sum 004-3. lump sum Furnish projecS traffic control d t, ToUi.ck- a Dollars �O S V Cents Per lump sum 0044. 6,481 Cold trill existing A.C. pavement sq ft �. � O ® Dollars g Cents Per square f of 004-5. 816 Unclassified Excavation cu. yd U t_� Dollars DU � oCf Cents Per cubic yard 004-6. 256 Remove existing 6' curb and gutter lin ft t� l `�� Dollars /'7� p U Cents Per linear foot 004-7. 1,077 Contruct 6" P.C.C. curb lin t J Dollars J� ents Per linear f091 STP1,5181 (004) C- Ps CASH CONTRACT 858 Item Estimated Item with unit price Uuit Price Extended No. Quantity written in words Amount 004-8. 2,151 tons Construct A.C. pavement Lit-e la �) Dollars Cents Per ton AL 004-9. 191 cu yd Construct P.C.C. pavement `' ON I 69b o Cents f Per cubic yard 004-10. 600 Place 12' wide pavement reinforcing lin ft membrane over sealed cracks �r Dollars $ t ' Cents Per inear W 004-11. 10 each Adjust water valve to grade ®' ` 1✓ iN'" �� Dolla N� . W �p l/`� dda a Cents cod _ Per each 004-12. 16 each Install traffic loops { !! u U R PO GIMP DoIlars 5 Cents Per each AMOUNT BID IN FIGURES: $ /✓J 11� / U / AMOUNT BID IN WORDS: 0 A-1 � c�-, d -L) ! S 1;� --�k L v� " A I a U f- h h ct,,-e J -9--4- n t w� C-18s STPIr518I (004) CASH CONTRACT 858 L r STPL-5181 (011) CASH CONTRACT 860 r- STPL-s181 (011) NEWLAND STREET - Yorktown to Garfield CASH CONTRACT 860 BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 011-1. lump sum Mobilization /� ® Dollars Cents Per lump sum 011-2. tump sum Traffic control plan u J " Dollars ! Cents 5 S Per lump sum 011-3. lump sum Furnish project traffic contro Dollars v �~ b Cents Per lump sum 0114. 27,680 Cold plane grind sq ft ur t, (� Dollars e� Cents $ $ Per square foot 011-5.- 122 Unclassified Excavation cu yd ( , J (� } -�-v Dollars !n� D� Cents Per cubic yard 011 19,139 Place pavement reinforcing fabric over entire sq yd project area Dollars $ S ql ® Cents er square yard 011-7. 2,014 Asphalt concrete for overlay and tons reconstruction 1 Dollars SJ •� Su `� v r` Cents Per ton STPir5181 (011) C-19S CASH CONTRACT 960 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 011-8. 19 each Adjust water valve to grade U t� ci �� G Dollars l U - LA Cents 400. b Per each 011-9. 16 each Adjust manhole to grade J - ®�� U u N � ri L )' - s ]� 17� �/� Q � Cents Per each 011-10. 10 Recoat sewer manhole each k o� r. t� �� 1 f U "� ollars v Cents Per each AMOUNT BID IN FIGURES: $ ///�� IqFl GD 1 AMOUNT BID IN WORDS: k-A- Gk,)'-1 ih I K--a, ( —e4r--� C-20s STPL-5181 (011) CASH CONTRACT 860 P.� STPL-5181 (012) CASH CONTRACT 861 STPL-5181 (012) ELLIS AVENUE - Beach to Chapel CASH CONTRACT 861 BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 012-1. lump sum Mobilization u S Dollars U V� Cents Per lump sum 012-2. lump sum Traffic Control Plan a 00 (� Dollars 490,t Q n Cents Per lump sum 012-3. ' lump sum Furnish project t ffic control b 6e 0 �' 1`'t Dollars U 6 Cents Per lump sum 012-4. 12,785 Cold plane grind sq fi ® l � Dollars (� Cents Per squ re foot 012-5. 25 Unclassified Excavation cu yd .� @ � '� � Tb `'� � Dollars Cen t s Per cubic yard 012-6. 100 Place 12` wide reinforcing membrane over v lin ft sealed cracks O� Dollars $ S � Cents Per linear foot 012-7. 941 Construct A.C. pavement tons , _ Q _ ®)`^1 �"`—Dollars Cents Per ton STPL5181 (012) C-21s CASH CONTRACT 861 O Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 012-8. 5 each Recoat sewer manholes U-) 0 � U h c� �7 1 al Doll s �_ 1J av- s% V-V a Cents Per each 012-9. 5 each Adjust manhote covers to grade j ®"r , 1 � � {., � � q D�I lars �� v $ n Cents Per each 012-I0. I0 each Adjust water valve clovers to grade �r� U U ��`�Q ]',` Dollars ��,,II�� UW Cents Per each AMOUNT BID IN FIGURES: AMOUNT BID IN WORDS: STPIr5181 (012) C-22s CASH CONTRACT 861 STPL-5181 (013) CASH CONTRACT 862 STPL-5181 (013) GRARAM STREET - Edinger to Heil CASH CONTRACT 862 BID SCREDULE Item Estimated Item with trait price Unit Price Extended No. Quantity written in words Amount 013-1. lump sum Mobilization J'h U Cents Per lump sum 013-2. lump sum Traffic control p1 -} to, r " s A � (J p u h v k^� a Dollars Cents Per lump sum 013-3. lurnp sum Furnish project ffic control �, �5 r� yr up Dollars Gv J� Cents Per lump sum 013A. 2,043 cu yd Unclassified Excavation f ® -_Lh� Dollars 5 S Cents Per cubic yard 013-5. 17,030 Pavement reinforcing fabric sq yd b 0 Dollars D r G Cents Per square ya d 013-6. 575 Portland cement for Cement Treated tons Pulverized Material�� $_ a s a� [tars Cents Per ton 013-7. 3,112 Construct A.C. pavement tons --P_� (� Dollars �J Cents Pei ton STPIr5181 (013) C-23s CASH CONTRACT 862 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 013-& t each Adjust manhole to grade Cents Per each 013-9. 1 each Recoat sewer manhole y Do]lar �D S� $ (�/D •D� Cents Per each 013-10. 12 each Install traffic loops ^ T W C4? - — G - - - Dollars �h C-) Cent, Per each AMOUNT BID V\ FIGURES: 1 $ 11 AMOUNT BID IN WORDS: I w u k o n J---4 a -e:� E1 C-24s STPIr5181 (013) CASH CONTRACT 862 PIN STPIr5181 (014) CASH CONTRACT 863 STPIr5181 (014) WARNER AVENUE - P.C.H. TO Edgewater CASH CONTRACT 863 BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 014-1. lump sum Mobilization /j C ® W `i� ' 1 G V S�pollars OD Cents Per lump sum 014-2. lump sum Traffic Control Plan �?" `1 a v� � �� G� � U Dollars SAW, v Cents S Per lump sum 014-3. lump sutra Furnish project traffic control J _41k U i � 4 CL� h ,21 W � "'\\\ u��1111 Dollars Cents Per lump sum 014-4. 16,985 Cold plane grind sq h ®k-h,0 Dollars d� `Ij el Cents Per square t 014-5. 745 Unclassified Excavation cu yd ® W CA, �^ �' Dollars Cents Per cubic yard 014-6. 100 Place 12' wide reinforcing membrane over lin ft sealed crac ® U Dollars 4A L Cents Per linear f SC ov 014-7. 4,310 Construct A.C. pavement tons Dollars $ SZd ents Per ton STPIr5181 (014) C-25s CASH CONTRACT 863 n Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 014-8. 7 Recoat sewer manholes A each � � � � U ►� �e Dol a � t Cents Per each 014-9. 7 each Adjust manhole covers to grad h 4-1-e q L- U � ®1 Do(Iars Cents Per each 014-10. 14 each Adjust water v Ive covers to grade W D h�� Gv Dollars /�I� Cents ap50f�' Per each AMOUNT BID IN FIGURES: I $ AMOUNT BID IN WORDS: A,,j u A 6 1 k c. r � i n 6 C-e� C-26s STPL-5181 (014) CASH CONTRACT 963 A,,j u A 6 1 k c. r � i n 6 C-e� C-26s STPL-5181 (014) CASH CONTRACT 963 STPL-5181 (015) CASH CONTRACT 864 f STPL-5181 (015) McFADDEN AVENUE - Edwards to Goldenwest CASH CONTRACT 864 BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 015-1. lump sum Mobilization �/j 6 �Do -T c US ars Cents Per lump sum 015-2. lump sum Traffic Control Plan" �; �J• � � Dollars /y� U -'� o Cents Per lump sum 015-3. lump sum Furnish project traffic contr I r~ � Id—', ® Dollars &M.w � W ✓h U Cents Per lump sum 0154. 1 27,920 Cold plane grind s9 (� O Dollars �t � Cent $ S ' s Per square foot 015-5. 746 Unclassified Excavation cu yd 0- Dollars ��-^-- $ Cents Per cubic y 015-6. 100 Place 12" wide reinforcing membrane over lin ft sealed cracks �—j D 0 � �' � Dollars p Cents Per linear foot 015-7. 3.220 tons Construct A.C. pavement W -( L2�� Dollars $ Cents Per ton STPL-5181 (015) C-27s CASH CONTRACT 864 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 015-5. 4 RetQ t sewer manh vles r �� each Dollars fjQ Cents $ $ Per each 015-9. 6 Ad- t manhole c vers to r de r! PA 1 �each U ® Dollars 1$L0 1 /} � �! E / (/ Cents Per each 015-10. 16 Adjust water valve covers to grade j each , ` ' 1 �W L � v n �t £� "`'�Doll rs � ^, `-A COCents t�. Per each 015-11. 24 Install traffic loops 11 each ®i W Doll6 Cents Per each A1110UhT BID 1N FIGURES; $ AMOUNT BID IN WORDS: � KJ —�LYClIi� G U S"'1 Ca G r v h t C-28s STP1,5181 (015) CASH CONTRACT 864 STPIr5181 (016) CASH CONTRACT 866 STPL-51.81 (01 6) ML4LNAPOLIS AVENUE - Delaware to Beach CASH CONTRACT 866 BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 016-1. lump sum Mobilization (a� Dollars �r V Cents Per lump sum 016-2. lump sum Traffic control 1 D�Cl V Dollars ® Cents Per lump sum 016-3. lump sum Furnish project t f to control Dollars Cents Per lump sum 016-4. 1,415 Unclassified Excavation cu yd -) Dollars Cents Per cubic yard 016-5. 2,770 tons Construct A-C. pavement `�.p W `-Dollars DU Cents Per ton 016-6. 7 each Adjust water valve to grade L'`� �' u � � � ®`� I Dollar aja a� Cents Per each 016-7. 3 each Adjust manho a to grade -- , f b v h GJ {. —pl) 11 O� Cents Per each STPIr5181 (016) C-29s CASH CON"MACT 866 6 Item No. Estimated Quantity Item with unit price written in words Unit Price Extended Amount 016-8. 3 R oat sewer manhole 1� +\. ' each � � � L-5 h L)" � (� Dollars Cents Per each 016-9. 8 each Install traffic loops `� L �1 v k G (� ! Dolla Cents Per each AMOUNT BID IN FIGURES: - $ W ��51 OD 11 AMOUNT BID IN WORDS: h I h 1 r-- -11� o W 0'-%- � u dl- t. c� n C-30s STPL-5181 (016) CASH CONTRACT 866 STPIr5181 (017) CASH CONTRACT 867 ' STPL-5181 (017) ATLANTTA AVENUE - Alabama to Delaware CASH CONTRACT 867 BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 017-1. lump sum Mobilization —1 � — ® Dollars ,�j ��09 -^Y1 U Cents ��'l�Ci Per lump sum 017-2. lump sum Traffic cco�ntrol p an fit-- U v h DollarsGv (� ( !Q�] Cents Per lump sum 017-3, lump sum Furnish project traffic Control L' `` Dollars," Cents Per lump sum 017-4. 2,837 Cold plane grind sq ft ® � Dollars n/� �0 O Cents $ i_ Per square foot 017-5. 1,019 cu yd Unclassified Excavation ' 1 l Dollars $ $ Cents Per cubic yard 017-6. 2,025 tons Construct A.C. pavement ®� t"}`J Dollars i7j� 7 ! 1 C nts 4 Per ton 017-7. 7 each Adjust water valve to grade r \,j u � t}"f � p � Dollars S �}�}� 00 / Cents Per each 01 STPL -5181 (017) C-32s CASH CONTRACT 867 Item No. Estimated Quantity stern with unit price written in words Unit Price Extended Amount 017-8. 6 Adjust manhol t0 Brae �_ each ¢� Jc} Dollars l GI' O Cents $ $16 (J . Per each 017-9. 6 each Recoat sewer abole 11 ! ®T L� Dri �, d 'Q Doll ' DD J� 150 Cents Per each STPL-5181 (017) C-33s CASH CONTRACT 867 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4I04, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Nance of Subcontractor and Address Stare License Number Class IfWA fnc, �I1IfA 72A a\ r ,. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 -------------------- - -STATE OF CALIFORNIA ss COUNTY OF _ _ ins Amfir[ts On this Y 3 day of /jl0y£m bE. 2 _ in the year 19l z, before me, the undersigned, a Notary Public In and for said State, personally appeared FICIAL SEAL ' , personally known to me fgo] LE E. DRAKULtCH (or proved to me on the basis of satistaclory evidence) to be the person who executed the ��hl'c - Ca lilo�n+ar— 4f_Ir/u 0"'CE Ili�N4EI withrn Instrument on behalf Ot the to me that the �--Partnership Partnership named therein, and acknow- executed it. k. C,�NTYledged 1PIS P.UWST 30. 1993WITNESS my hand and ofbc' I seal Notary Public In and for said State ACK�fnVIEdGMEHf—GenNal a L�mt0C Prtroru*o—Wood+s smm 2J6CA—qev 5 82 '?;962 WDLLDI IS. INC (PfK* Vass 6 2i UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTIT'GTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 27W, as follows: "Qualified Person": A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. ' The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 1 9Z_ _f I Excel Paving Company Contractor C.P. Brown Nsident Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No ✓ If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 STATE OF CALIFORNIA COUNTY OF f f LOS ANGELES OFFICIAL SEAL MICHELE E. DRAKULICH � Nniolv %hlic - Cofifgrnla 4 M.. rRIKO,. AL OFFICE IN LV. ANI;,FLES COUNTY MT �OMM15510N EXPIRES AUGUST 30, 1993 ACNNOWLEDGLIENT.-Gonaa1 v LM1e0 Partner511q—W01C41t5 Form 236CA—Pro 5 e2 t 1982 WOLC01Ts 1NC WKSUassa 2) ss. On this 13 day of / 1e)VE: n f E2 1n the year 19 , before me. the undersigned, a Notary Public In and for said State, personally appeared By own, President personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Partnership named therein, and acknow- ledged to me that the _- Partnership executed it WITNESS my hand and official seal. CA,, j- ct" Notary Public in and for said State COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Excel Paving Company Contractor By T C.P. Brown President Tale Date: 13 l y9 Z C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name P. 0. Box 16405 Business Address Long Beach, California 90806 599-5841 Telephone Number STATE LICENSE 0 454186 A StateContractor's License No. and Class Original Date Issued 3�y Expiration Date The work site was inspected by r?iaRlr ELL.o Tr of our office on W Io , 19 %Z. The following are persons, firms, and corporations having a principal interest in this proposal: Excel Paving Company 1A C-9 01 4-- - STATE OF CALIFORNIA COUNTY OF LOS ANCELE5 Iss On this 1-3 day of �nUFnT &F IR -, in the year 194Z. it betore me, the undersigned, a Notary Public in and for said State, personally appeared k% t personally known to me (or proved to me on the basis of satisfactory evidence) to be The person who executed the OFFICIAL SEAL within instrument on behalf of the - Partnership named therein, and acknow- a MICHELE E. DRAKULICH ledged to me that the ----r Partnership executed it Nntary Publit - ColilonrQ •!; PRINCIPAL OFFICE jp4 ;At, &LWAI ES Ccsulvrr WITNESS my hand and official seal. IAY imh11�►1$40" EXPIRES AUGIM io, 1993 1 J� Notary Public in and for said State v \\ ACKNOWLEDGMENT-�ne+af a Lamm f'jnnnt>+,p-N1pkol1t Fam 2J6CA-Rer 5E7 sDiWWOLCOTTS WC (p"nn511•21 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposers work and improvements in accordance with the plans and specifications set forth. Excel Paving Company ompan Name ignature of Bidder C.P. Brawn President Printed or Typed Signat'F 0. Box 16405 Address of BiddeLong Beach, California 90806 { (310) 599.5841 Telephone Number Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: �.SEE AIIACHED Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Complet 2. Name and Address 3. Name and Telephone No. of Project Manager: Contract Amount Type of Work ate Completed Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Workate CornpletR C-10 EDERAL REOUIR£MENIS (BID PROPOSAL) e�eral Lobbvina Restrictions Section 1352, Title 310 United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. if any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Fora - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the proposal. Signing the proposal shall constitute signature of the Certification. The above -referenced oertification and disclosure of lobbying activities shall be included in each subcontract and any lower - tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously file by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, j- `'_ (3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. 1 Lobbying Can 0b84-90 Certification for Federal Aid Contracts The prospective participant certifies. by signing and submitting this bid or proposal. to the best of his or her knowledge and belief, that: 0) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Coogrrss, an officer or employee of Congress, or an employee of a Member of Congress in connecaort with the awarding of any Federal c mvam the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation. renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreererm (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or atumpting to influence an officer-w-ompkWee-of any Federal agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, gram. loan, or cooperative agreement. the undersigned shall complete and submit Standard Form-L.I.L, 'Disclosure of lobbying Activities.` in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this trartsacnon was made or entered into. Submission of this cati5cation is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31. U.S. Code Any person who fails to file the required cerri icauon shall be subject to a civil penalty of not less than $10.000 and not mort han $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such svbrecipcents shafl certify and disclose accordingly. (1) STATE OF CALIFORNIA I0S ANGUZ 55 COUNTY OF On this f 3 day of _ ,/� y 5Z. �ul`�2-t JJ' € 2 _ _ _ , m the eaT t 9 !ti before me, the undersigned, a Notary Public in and for said State. personally appeared ors}CIA- SEAL £' 1 MICHE:L E E. MAKULICH rN,-+,rw r Co�!ifcrnlo N /rSY cOMM)SVO) V EXFvRES AUGUST 3U. 1943 Dy C. Brown, r nt , personally known to me (or proved to me on the basis of satisfactory evidence) to de the person who executed the within instrument on behalf of the Partnership named therein, and acknow- )edged to me that the executeit WITNESS my hand and official seal, ` Notary Public in and for said State. ACKh6WLEDGµEHT—Gews• at L►Med KMnR'SMP—W*0115 Form 2MCA—PI, 5 92 8 1982 WOtCOT TS. i.tiC UK" Ctuf8•?! . DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.0 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a "Cortrsc1 ❑ a Drdrotlerlapplrcatan a �t� u o grant b_ MwLil awartf a marrra� u+any* C. C. � "a""TM"' c. post -award For Material Change Only: e- loan quarant" yaw qua :e, f. ekn rwrame Cal! 01 last report 4. Na and Adress of Reporting Entity: S. If Reporting Entity In No. 4 Is Subawardee. Enter Prime Subawardee (•a Name and Address of Prime: Tier , if known Congressional District, if known. Congressional Distrlet, if known. 6. Federal DoparlmontlAgancy: 7. Federal program NameMsscription: CFDA Number, it applicable a. Federal Action Number, if known: 9. Award Amount, if known: „ s 1o. a. Name and Address of Lobbying Entity b. Individuals Performing Services (inclueog addross if (d individual, test name, rust name, M!): ddfefent fmm No. • f 0a) (last name, first name, Ml): (attach Continuation Sheet(s) if necessary, 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $ actual planned i retainer b cr> Dina (as 12. Form of payment (check ail that apply): c_ commission Sa. casts d. contingent fee b. in -kind; specify: nature a deferred value f- other, specify: 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officor(s), emptoyse(s), or members) contacted, for Payment Indicated In Item 11: (attach Continuation Sheet(s) if necessary) I 15. Continuation Sheat(s) attached: ❑ Yea (!fNo 16. t+ omattsn noAom sn"tam in mawmwd A its 21 was Signature: seeeen 11M D" d "W% cold" a "8W la a ffA% l ftw000^i Print Name: C.P. Brown Pimsident the.erasaon was woo or Mtew woo. tide arerearw to regrai fW"NWM to st uac. is" "" Werrwelran WW to r"a re to eener..a Title: C.P. Browp P Mom" rawy err WIN be ev"oM fer �tle InepAel% Any p"Met 1Mra reSident- taib to ew 00 wMi ebdenn step he eubwel M a ew, MM "evr of net ■ee thin $10xon erta nN Me.. ~ Mix= 1W *am mum %mum Telephone No.: 31 Q Man Date: _ A no :ec '� �7Li �eF•oc.. Federal Use Only: sere,- cc (2) INSTRUCTIONS FOR COMPLETION OF SF-LLL. DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be compacted by the reporting entity, whether subawardcc or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is nequutd_for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the Iasi~ previously submitted report by this reporting entity for this covered Federal action. -- 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g.,the first subawardee of the prime is the fast tier. Subawards include but are not Lmited ID subcontracts, subgrants. and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee' then enter the full name, address, city, state and zip code of the prime Federal recipient Include Congressional District, if know:, __ _ __ 6. Enter the name of the Federal agency malting the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. - - 7. Enter the Federal program name or description for the covered Federal action (item 1). If lrnown. enter the full Catalog of Federal Domestic Assistants (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g.. Request for Proposal (RFP) number, Invitation for Bid (1FB) number, grant announcement number, the contract grant or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90.001.' 9. For a coved Federal action whert th= has bmn an award or loan commiunent by the Federal agency. enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. I0. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entiry (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related actin tv: not As: ume spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) cuntacted'or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her none title and telephone number. ~ Public repotting burden for this collection of information is esumated to average 30 minutes per response, including time for reviewing instrticuoa, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or am other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Manacement and Budget. Paperwork Reduction Protect (0348-0046), washineton. D.C. 20503. F 1I.L lnsw:Qoru Rc.- Ob 04• 90 (3) STATE GF CALIFORNIA COUNTY OF Los JWMB ' s � OFFICIAL SEAL MICMELI E DRAKIlIICFi Y , j, C: •A 1 NrAcrV nul:'.ic • C3lilornia ?nit.rC'IVAL CFFrCE IN to+.US ',NGELCL :.OUNTV MY GOMMSWON EXPIRES AUGUST 30, 1993 ACxNOWLEDGMENT-Gardir a tv%lla P7nrwrsr„o-Wor[ons form 216CA--Pav 5 82 GJ19E2 WtXCOITS. rhC Ip¢acwf 0-2) On this % day of Al --out m dc--,,t , in the year 19-2Z, Wore me, the undersigned. a Notary Public in and for said State, personally appeared ' President personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Partnership named Therein, and acknow- ledged to me that the-----r-Partnershlp executed it WITNESS my hand and 0Ifiiciiai seal Notary Public in and for said State NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. - County of Orange - �- 1J being first duly sworn, de ores and says that he or she is of the party making the foregoing bid that the bid is not m de in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly • or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, 'or conference with anyone to fix the bid price of the bidder or any other bidder, or to 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; that all statements contained in the bid are true; and, further, that the bidder has .= not, directly-or'indirectly, submitted his or her bid price or any. breakdown the reof,or 'the contents thereof, or divulged f information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organi- zation, bid depositary, or to any member or agent thereof to effectuate a collusive or sham bid. Excel Paysng enmoanu Name of Bidder Bir%sturs of Bidder 1,,r, Won ftideh# hddress of Bidder P. 0• Box 16405 2230 Lemon Avenue ' Long -Beach California 9Qf306 ALL SIGNATURES MUST BE WITNESSED Qy NOTARY ,', (aAtaah appnopn.t.a to Ju at-6 ) 3-31-69 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREYIOLS CONTRACTS OR SUBCONTRACTS SUBJECT r0 THE EGUAL OPPORTUNITY CLAUSE AND THE PILING OF REQUIRED REPORTS The bidder J , proposed subcontractor �. hereby certifies that he has ✓ , has not `, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11131, or 11266, and that he has ✓ , has not _, filed with the Joint Reporting Committees the Director of the Office of Federal Contract Compliance, a federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Excel Paving Q mpaM _ i� aanyT' By: C C.P. Browa Nsideot Tic e Hate: LEM �2 L Note: ,The above certification is required by the Equal Employ- ment'Opportunity Regulations of the Secretary of Labor (il CTA 60-1.7 (b) (1)) , and must be submitted by bidders and proposed sub- contractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 61 CPR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Fors 100 (ZZO-1) is the only report required by the Executive orders or their implementing regulations. proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive i Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcon- tracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director. office of Federal Contract Compliance, U.S. Department of Labor. rpRM tic-44 i STATE OF CALIFORNIA LOS ANGELES Iss COUNTY OF On this day of in the year 162—, , before me, the undersigned, a Notary Public in and for said State. personally appeared �� r e G41Ai4A1M CELESTE:Itv� K. OWn r-tBB g � known to me 1} w 5L ,personally to be the person who executed the.4;•,;.c;,��+x within Instrument on behalf of the �~ Parinership named Sherem, and acknow• Am aC1 ' r "raw ��' �1D, IM ledged to me that the Partnership executed It. WITNESS my hand and oea4 tfi a x ,7 " Notary Public ,n and for said State RLK40WLEr1G4E NT—GeMral M 1'm1*G 7&rlryithip—WyTOf15 fpfm 2}$Cl—ROv 5$2 ktt9$2WOLCOTTS.:NC IDFPGGCL r,a21 BIDDER DBE INFORMATION o Be Completed by Agency Agency: Federal Project #E: Project Description: Assigoad DBS Goal . i„`_% Name of Caltrans Certified DBE Decription of Work DBE Amount $ % Bid Amount $ Excel Paving Company Bidder: P. Q' BOY s rAQ5 Address: 2230 Lemon Avenue Long Beach, Calitornia Person completing this Form Name: Phone # : ( ) -- (310) 59&5841 Dollar Value of Contract Item #E Subcontract THIS FORM MUST BE USED TO PROVIDE REQUIRED DBE INFORMATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29. DEBARMENT AND SUSPENSION CERTIFICATION The bidder under penalty of perjury, certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer. manager: is not currently. under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within Past three years; does not have a proposed debarment pending; and has not been indicted, Convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered In determining bidders responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Fed. 8-22-88 SECTION 14. FEDERAL REOUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENERAL.-- The wort herein proposed will be perpay rather than as a sworn statemun as permitted by financed in whole or in part with Federal funds, and .2& USC. Sec. 17". is included in the proposal. therefore all of the statutes, rules and regulations J promulgated by the Fedesai Government and eppbcabte tb PAFMCtPATION BY MINORITY BUSiNISS work financed in whole or in part with Federal funds vrA ENTERPRISES IN SUBCONTRACTING.-- Pan 23 Title apply to such wort The 'Required Contract Provisions. 49. Code al Federal Regulations applies to this Federal. Federal -Aid Construction Contracw'Forrn FKWA 1273,.._ aid Project. Pertinent sections of said Code are an included in this Section 14. Whe"ver in said foquirsd incorporated in part or in as entirsty wahM o*her sections contract provisions references are made to OSHA of these spaial provisions. contracting officer'. OSHA resident engineer. or 'authorized representative of the SHA'. such references Schedule B--Information for Deternuning Joint Venture shall be construed to mean 'Engineer as defined it►—�ig�3ity Section I-I.10 of the Standard Specifications- - (This form need not be filled in if all joint venture firms PERFORMANCE OF PREVIOUS CONTRACT.• i arity owned.] addition to the provisions in Section IL 'NondiscrimiON- and Section VII. 'Subletting or Assigning the Contract.' of -- — 1. Name d joint venture the required contract provisions. the Contractor shall ca." with the k0owo: 2. Address at 'pint venture The bidder shall execute the CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REOUIRED REPORTS located in the proposal. No request for subletting or assigning any Penton of the contras in excess of $10.000 will be considered under the provisions of Semen VI of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above. executed by the proposed subcontractor. NOW -COLLUSION PROVISION.-- The provisions in this section are applicable to all oonM= except contracts for Federal Aid Secondary proISCIL Title 23, United Stares Code. Section 112. requires a a condition precedent to approval by the Federal Highway Administrator of the contract for this wort that sash bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contras is to be awarded. certifying that such parson, limns~. association. or corporation has not, either directly or indirectly, entered into any agreement, par icipa sd in any collusion. or othe+wise taken any action in ►estraim of free competitive bidding uh connection with the submrtled bid. A form to make the non-collusran atlidam slatemni required bq Section 112 as a canicalton under penalty of 3. Phone number of joint venture 4 Identify the firms which comprise the pint venture. (The MBE partner must complete Schedule A-) a. Describe the role of the MBE firm in the pint venture. b4 Describe very briefly the experience and business qualifications of each non -MBE joint venturer. S Nature o1 the pint venture's business Q. Provide a copy of the joint venture agreement. FR-1 i180rra 12-6-10 7. What is the claimed percentage of MBE venture work and the payment therefor and any proposed changes m any of the pint venture arrangements and to ownership? permit the audit and examination of the books, records & Ownership of pint venture: (This need not be- and hiss of the pint venture, or those of each pint venturer relevant to the pint venture, by authorized representatives filled in i} described in the pint venture agreement, of the grantee or the Federal funding agency. Any provided by question 6.). material misrepresentation wilt be grounds for terminating any contract which may be awarded and for initiating a. Profit and loss sharing, action under Federal or State laws concerning false b. Capital contributions, including - twoments." equipment. -- c. Other applicable ownership interests.........»»........»«..........».....».....»...............................»...».. Name of Firm Name of Firm I Control of and participation in this contract. Identify by name, race, sex, and 'firm• those "'� �- -___ ..._......._. ..._.... p.....�__..._.._ individuals (and their titles) who are responsible for �-:�. signalufo S' nature day -today management and policy decision making, including. but not limited to, those with prime . »."»_...-......... ................ ........... .... ......................... responsibility for. Name Name a. Financial decisions _ Title »..........................._. Title b. Management decisions, such as: .............Oats »... »........................ Date ...... 1. Estimating ' 2 Marketing and sales Date 3. Hiring and firing of management State of personnel 4, Purchasing of major items or supplies c. Supervision of field operations Nate. --If, after filing this Schedule B and before the completion of the pint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either directly or through the prime contractor d the pint venture is a subcontractor. Affidavit County of On this day of . 19 � before me appeared (Name) , to me personalty known, who. being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit - and did to as his or her tree act and deed. Notary Public 'The undersigned swear that the foregoing statements Commission 19gWes are correct and incfude ail material information necessary - {Sealj to identify and explain the terms and operation of our pint _ -Oats venture and the intended participation by each pint venturer in the undertaking. Further, the undersigned Mate of covenant and agree to provide to grant*$ current. County of complete and accurate information regarding actual pint _ - Q-4 69 FA-2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Section I, Paragraph 2: Page Section IV, paragraphs 1, 2.3.4. and 7; 1. General ............................................ ....... ...FR-4 Section V. paragraphs 1 and 2a thnx,gh 2g. If. Nondiscrimination.........................................FR-4 ._ Ill. Nonsegregated Facilities ............................. FR-6 _ 5. Disputes arising out of the tabor standards IV. Payment of Predetermined provisions of Section IV (except paragraph 5) and Sectiow Minimum Wage ....................................... ......FR-6 V of these Required Contract Provisions shall not be V. Statements and Payrolls......„....................FR-10 subject to the general disputes clause of this contract. VI. Record of Matensls. Supplies, Such disputes shall be resolved in accordance with the and Labor ............ ...... .... ............. ..,.,,.,..,.-„FR-1 L— procedures of the U.S. Department of Labor (DOW as set VII. Subletting or Assigning the Contras ....... ...FR-11— - - forth in 29 CFR Parts S. G, and 7. Disputes within the Vlll. Safety: Accident Prevention .......................Fit-12- meaning of this clause include disputes between the IX. False Statements Concerning contractor (or any of its subcontractors) and the Highway Projects ........................................ FR-12 T contracting agency, the DOL. or the contractor's X. Implementation of Clean Air Act and — -employees or theff representatnres. Federal Water Pollution Controf Act............FR-13 X). Certification Rega wig Debarment, 4 Car0flcation of E3lglblllty: By entering into this Suspension. Ineligibility, and Voluntary contract, the contractor certifies as follows: Exclusion - Lower Tier Covered Transactions ............................................... FR-13 a. Nether the contractor not any pennon or firm GENERAL L These contract provisions shall apply to all work performed on the contract by the contractors own organization and with the assistance of workers under the contractor's immediate superintendence and to all work ,performed on the contract by piecework, station work, or by subcontract. 2 Except as otherwise provided for in each section. the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions. and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as pravrded rn 29 CFR 5.12: who has an interest in the contracxoes firm is ineligible to be awarded Government contracts by virtue of Section 3(s) of the Davts-Bacon Act, 29 CFR 5.12(a)(1), or 49 CFR 29. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act. 29 CFR 5.12(a)(1), or 49 CFR 29. c. The penalty for making false statements is prescribed in the U.S. Criminal Code. 18 U.S.C. 1001. 11. NONDISCRIMINATION (Applicable to Federal -aid construction contracts and related subcontracts and purchase orders exceeding s1 o.00a.) 1. Selection of Labor: During the performance of this contract, the contractor shalt not: Fi-MA +2T! Rev a82 +?-rttia FR-4 a, discriminate against labor from any other State. possession, or territory of the United States, or bi. employ convict labor for any purpose within the limits of the proled unless a is labor performed by convicts who are on parole, supervised release, or pmbauon• On this — day of 19 before me appeared (Name) 10 me personalty known, who, being duly sworn. did exeWe the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Pubfic Commission expires IS44 FR•7 2-•-ae