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Home My WebLink AboutGANTRY CONSTRUCTORS, INC. - 2004-05-03RECEIVED Y: (Name)' o (Date) CITY CLERK RECEIPT (WY Return DUPLICATE to city 6wies onke after 9!W* tdadng Fl CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA77ON TO: Soo Freidenrich, City Treasurer f FROM: _ r '� - l' /'L.; �� LC� DATE: Ml A( SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. Z/jS�N MSC No. Approved � /"� Z( ( ) Agenda Rom No. 4L� /% City Clerk Vault No. ��. o 1310� #27 g:iidlow up/bondlettw.doc q-)FROM: Joseph Dale, Contract Administrator DATE: August 25, 2008 SUBJECT: Retention Release Payment Company Name: Gantry Constructors Address: P.O. Box 819 City, State and Zip Code: Clarksdale, AZ 86324 Phone Number: (928) 649-2093 Business License Number:801945 Local Address: N/A Notice of Completion Date:August 15, 2008 it8a, Contract Purpose: Final Payment and Retention Release for Construction Contract 1, Lift Station U Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. D Date Tr is K. Ho blic Works Director, Engineering I certify that there are no outstanding invoices on file- r'�J � ` M@ t�s ^ C `�N �� 8 n n of o CC L�ti � �hng j 3"' A. Date ri FreiMnrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. p o LIXI ate Joan Flynn Clerk Final Pymt and Retention Release memo 8/25/2008 2:47:00 PM �4 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIII 1111ill II II II III II IIIIII III II I I IIIII I I II NO FEE 2008000432732 08:01 am 09/15/08 117 73 N12 1 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Joseph Dale, Public Works Dept. P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Gantry Constructors, Inc. who was the company thereon for doing the following work to -wit: LIFT STATION `D' PROJECT; CC-1182 ✓�` � That said work was completed August 15, 2008 by said company according to plans and specifications and to they f satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on August 19, 2008, per City Council Resolution No. 2003-70 adopted October 6, 2003. �! That upon said contract Western Surety 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 August 20, 2008. /Q o`) A Director of ublic Works or City Engineer City of Hu tington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this August 20, 2008 /Q, , . _ /'a„_ Director of qLblic Works or City Engineer City of Huntington Beach, California I:TTMMMAS"M (Name) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating TO: SYaii Freidenrich, City Treasurer FROM: f DATE: SUBJECT: Bond Acceptance have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved e (Coup it Approval Dafe) (Company Name) r Agenda Item No. City Clerk Vault No. :�-I- 3 T #27 gAollowup/bondletfer.doc Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Cindy Ramirez, Charles A Touche, Jaren A Marx, Individually of Phoenix, AZ, its true and lawful A ttomey(s)-in- Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 27th day of March, 2008. �r REyc,, WESTERN SURETY COMPANY 3 ~•40P �Ql�i a e t _ Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 27th day of March, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires } D. KRELL j November 30, 2012 AE NOTARY PUBLIC FJ►s r r SOUTH DAICOTA r 4tititititititititi�•.tistitititititititititi i D. Krell, No ry Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation r_inted on the reverse hereof is still in force. In testimony whereofd have hereunto subscribed my name and affixed the seal of the said corporation this day of Er'^k WESTERN SURETY COMPANY .o - e�PPOgq �;s4 -60cl L. Nelson, Assistant Secretary Form F4280-09-06 Reference Bond #58627814 CONSENT OF SURETY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 TO OWNER: City of Huntington Beach (Name and address) 2000 Main Street Huntington, CA 92648 PROJECT: (Name and address) Lift Station "D" Project at Warner Avenue and Los Patos Avenue OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER ❑ ARCHITECT'S PROJECT NO.: CONTRACTFOR: - Construction CONTRACT DATED: March 16, 2005 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insertname andaddress of Surety) Western Surety Company CNA Plaza Chicago, IL 60685 ,SURETY, on bond of (Insertname andaddress ofContraetor) Gantry Constructors, Inc. P. O. Box 819 Clarkdale, AZ 86324 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Huntington Beach 2000 Main Street Huntington, CA 92648 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: August 15, 2008 (Insert in writing the month followed by the numeric date andyeae) Western S authorized representative) Attest: (Sea)): Jaren A. Marx, Attorney -In -Fact (Printed name and title) S-2134ZGEEF 10/01 , OWNER, FRP Western SuretyCompany' POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Cindy Ramirez; Charles A Touche, Jaren A Marx, Individually of Phoenix, AZ, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds; undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 27th day of March, 2008: S�aE WESTERN SURETY COMPANY P90Ngr�o' g W:4 O{_= Paul . Bruflat, Senior Vice President State of South Dakota County of Minnehaha ss On this 27th day of March, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say:that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to. the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +"'"'''"''"'''"""""" t i D. KRELL November 30, 2012 i ^�� NOTARY PUBLIC SEAS s' J�SOUTH DAKOTA�c s +44tiMb444YsYb�+445ti Y44444, D. Krell, No ary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse Nereof is still in force. In testimony whereof l have hereunto subscribed my name and affixed the seal of the said corporation this _ � r day, / S� �1}� . WESTERN SURETY COMPANY r haf PQ3pq '4r;ys• tif'l`sf Av %,r L. Nelson, Assistant Secretary Form F4280-09-06 CONTRACTOR'S CERTIFICATE I, Raymond E . Bluff, IV , state and certify that: {Name of Declarant) Gantry Constructors, Inc. is the general contractor to the City of Huntington Beach ("City") on Contract No. 1182 (the "Contract") for the construction of the public work of improvement entitled: Sewer Lift Station Improvements for Station D City of Huntington Beach (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold Bled pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at 0 IF t" (� (� �Q I C- A 2 on this ---��- day of I C�Tcln b��' , 20 �? f of APPROVED AS TO FORM By�Q�: f s1i-7/6 -lfJ 3 w-0Le Name: [Type Name] Title: [Type Title] 245914.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: No. 1182 Project: Sewer Lift, Station Improvements for Station.D The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or, the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this /n day of 4tm , 20 a `; at l . CAC �� i — Gantry Constructors, Inc. (Type Contractor Name) Nai ✓/[Typame] Title: // [Typb Title] ASA TO Raymond E. Bluff, IV C1 AM�Y �1I Y � �, President 7L�' 03- � • �o 247542.1 Certification of Compliance with Title VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: No. 1182 Project: Sewer Lift Station Improvements For Station D The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct_ Executed this day of her , 20U , at La f ��"4 le ; £afifamia. Gantry Constructors.. ---Inc. Raymond E. Mutt, 1V President CP .0 24591 E-t / 71�//u J`j Council/Agency Meeting Held: Deferred/Continued to: Approveod` ❑ Conditional) Ap r ved ❑ Denied %� Ci er ' Signa e Council Meeting Date: 6/18/2007 —T Department ID Number: PW 07-028 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY OQUNCIL MEMBERS u SUBMITTED BY: PE ELOPE C LBRETH-G ITY AD IN STRATOR -INPREPARED BY:��ROBERT F. BEARDSLEY, 7,D/ R T R OF PUBLI0 O S SUBJECT: Authorize Increases in Change Order Limit and Supplemental Expenses for Lift Station D Construction Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The construction of Sewer Lift Station D requires additional funding to make the station more compatible with the Orange County Sanitation District (District) design standards. An adjustment in the maximum change order amount will be necessary to complete the project. Additional supplemental expenses are also requested. Funding Source: Funds in the amount of $525,000 are available in the Sewer Service Charge Fund, Sewer Line CIP, Sewer Improvements, 51189002.82600 and will be transferred to Sewer Lift Station CIP, Sewer Improvements, 51189001.82600. Recommended Action: Motion to: 1. Increase the previously authorized 15% change order limit for Lift Station D construction from $621,435 (15%) an additional $375,000 (9%) or for a total change order authorization of $996,435 (24%). 2. Recommend an additional $150,000 in supplemental expenses to complete the project. Alternative Action(s): Do not appropriate the funds and do not make modifications to the station. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/18/2007 DEPARTMENT ID NUMBER: PW 07-028 Analysis: The Lift Station D project along with the associated Warner Gravity Sewer project were undertaken to replace three deficient and aging lift stations and sewer lines along Warner Avenue and Pacific Coast Highway that serve the City of Huntington Beach Harbour area, unincorporated county Sunset Beach area, and the State beach. Due to this lift station and sewer line serving multiple jurisdictions, the City has engaged the District to ultimately acquire and operate the station as part of the District's system. Through discussions with the District the existing Lift Station D design has been evaluated with the specifications and changes are necessary to allow the District to take possession. Engineering staff has evaluated the requested changes and determined that some changes are most cost- effectively completed with the current contractor at this stage of the project, while other modifications are better to be considered at a later date. As the modifications requested by the District are beyond the current scope of, and budget authority for the project, additional authorization is needed to issue new change orders to the contractor, Gantry Construction, Inc. The original construction contract was authorized at $4,142,900, with 15% contingency ($621,435), for a total of $4,764,335. The revised cost for modifications will increase the contingency approximately $375,000 or nine percent (9%). Authorized change orders will total $996,435. The major components of previously issued change orders include differing site conditions, modifications to the original design due to site conditions, and City requested modifications to the original design to accommodate Hearthside (Brightwater) Development. Hearthside Development has reimbursed the City's Sewer Fund $99,674 for the cost of the changes. Supplemental expenditures of approximately 25% ($1,036,000) were allocated for project management, inspection, design engineering support and testing services. The specialized nature of this project necessitated a higher level of outside supplemental services. Additional funding for the project will be allocated from the 2006/07 Sewer Lining Program balance. The planned sewer lining project was awarded in February 2007 and is under construction. Competitive bids resulted in a substantial cost savings. Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems. Public Works Commission Action: Approved at the May 30, 2007 meeting by a vote of 6- 0-1 (Rivera Abstain) Environmental Status: Not required for this action. Attachment(s): -2- 6/13/2007 10:46 AM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Change Order Limit and Supplemental Expenses Increase for Lift Station D COUNCIL MEETING DATE: .tune 18, 2007 sRCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Applicable Staff Report (If applicable) Attached ea El A Noicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable E EXPLANATION,FOR.MISSING ATTACHMENTS RCA Author: L. Daily/T. Hopkins 5599:jg T.t[EREFORE, the sale. first par`.y in considerr lion of the premises and In pur_ sunnce of 1hp ev tote in ouch case made and provided, does hereby grant to the second party, her :.eirs and ass+g,is, that certain real property here:.r,before referred to, and situate in the (� ;7o;:nt;; of 7rxnge, $tsta of California, I more. particularly described as Po.lows,to_«it: Lot Five (5) Block "D" of TraoL No. 845, ae per Map recorded In Hook 25, Page 23, Miscell.sneous Maps, records of Orange Ccuntf,yCalifornia., C nitf, 'A (- IN °,'ITNESS WHEP.EOF said first party`has hereunto, set Us hand the day and year first above -written Don,-S.Hozlsy tax Collector, of. the ;, County;`of Orange,State of California- STATE OF CALIFORNIA, } , County of Orange, }se On tl^is 15th way o f auiy, 1943,. before .rae, B. J Smith, County ij -� Clerk of tine County ;of .Orange and ex-offieio Clerk,of'.the Superior , / aP.) Court of the State of California in and fcr the County of Or nge; personally agneared thrr. ;,: ithin named Com, S Mozley, personall�� ,crown -.to me to be-the}Tax Colieotor of said County of = � Orarge,aiose name la sutecrib�cl to the agnexel lnstrumenL es the ;first party thereto, and per uonally,known tome to be tSe, ndivldual�adeacribed in and who exeoute$ the fLregci r SnstrlL. sr„ ment and subncrihed hie .name therreto ag Tax`rOolleotor, and; a du2y,`aokriowledg8 'to ma that hi - executed re same ae such'TaxColleatorgarthe uses;and pnrpaeee;therpin mentioned �" TN �ITNEs3 WHEREOF I�`have heretin'Eo'saf myhand eiid��fflXedr'sty ofP1a1`pi+ sew as � County Clerk of said County and ex_vPia`1a Clerk of s6iC Superior 1 't at my aiPice �n theme €, Countf of orangethe�day. and year 1n this artifloaLe�Yirat"svt,ior#Ln S ] t y_z ri' a Of of WlUri1S V! s V11KtYi.Y., LSLB! G NP NA41 PVniJ! �* 5 ion ,I hxay y oon?a,�ap rP ula4 r A2and3�rdlie�illowirig reeolutlon`af�9 moved its adoptlori mvi A�eY�'.fles'tYAeiK��:eLi'a;Q t!3 c�...�.. .. >3 :? .r , �y.v.¢ .�s>x ,c 9only 4,a aa,uaa3gge.ru t:, .off+v ,uz+a eviz aeU aaUzi" eo auu�e7l +yWuataiyat::7 ••visor.,, au ap:.+.a ., . •, •, x &:ee and Meridirri, to tLe Soutl eaet corner, of�sail, section'29 Upor aali of. the ro 1 on,Zhe adoption oP said resolution, Sups visors Fred C Rowland, Izv1n (led.,Gordon James A baker, Willard Smith and rillia H liarner:yotrd in f vor i j thereof, and ngrNfervisars votes againet�thesame, and said resolution wan.-'deolared orrrfed y r � �� kk >e if �7 ';No.as : : 3 ' ' ' " "R-eco 'Recorder of NG the '68 0 "IWi I." �11 cross, into �l o the �qqnjll ;ae and natural streams of-iWate. ngthe rig: .1ot,'Aajlh� iaIntenancel operatit i;�Wiii'j6k`the purpoee,of, -'adjacent lands.'j Dn 77,- 77 d `ctler 2, IWO Anderson a Notary.-. County aPo 0 ar ad r oin ,instrument �rZ 5 g, , 4 ;A, TW4,"f" s is and for sal tate. n, jul- 15,1943, in J795 mI ided�at, equest, of �Grantee,, at �l past 0 RECEIVED BY: (Name) y (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shar.' Freidenrich, City Treasurer FROM: / 5/-//4Y�-?�/7 ,r DATE: f SUBJECT: Bond Acceptance I have received the bonds for i t / (Company Name) Faithful Performance Bond No. ' i' Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (Coundil Approval Date) if ,3—;f6 � —16P -/x Agenda Item No. City Clerk Vault No. #27 g:/followup/bondletter doc FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND e*45,H elctN-t -' # I 101 TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3, COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 It. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13, VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16, AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17, WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21, CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23, DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON -ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31, IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 1 TABLE OF CONTENTS, continued PageNo. 33. ATTORNEY'S FEES 34. INTERPRETATION OF THIS AGREEMENT 35. GOVERNING LAW 36. DUPLICATE ORIGINAL 37. CONSENT 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 39. CALIFORNIA PREVAILING WAGE LAW 40. CALIFORNIA EIGHT -HOUR LAW 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 42. EMPLOYMENT OF APPRENTICES 43. PAYROLL RECORDS 44. FEDERAL PARTICIPATION 45. DAVIS-BACON ACT 46. DISCRIMINATION, MINORITIES, ALIENS 47. EQUAL EMPLOYMENT OPPORTUNITY 48. COPELAND "ANTI -KICKBACK" ACT 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 51. ENERGY CONSERVATION 52. HOUSING AND URBAN DEVELOPMENT 53. ENTIRETY 17 17 18 18 18 18 19 20 20 20 21 21 21 21 22 23 23 24 24 24 18 2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FORT THIS AGREEMENT ("Agreement") made and entered into this �— day of } 1,/ 20g2G, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Ij a California INC hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as 0 0 "PROJECT," more fully described as 12 in the City of Huntington Beach; and CONTRACTOR has been selected to perform, said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of agree/forms/federal 4-24 1 work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA agree/forms/federal 4-20 2 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed agree/forms/federal 4.20 3 re;uIr- MI"411n;tq f e"Nc— HLNOPLEP Pvlih f �s Dollars $ � [� f Co ( ! }; as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within -1W0 HUN 3 w6m:=j1-46 *':F'RVf=-NTY{17e ese- Pf'yt-; from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope agree/forms/federa! 4-20 4 of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance agree/fo=&/federal 4-20 5 for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and VW C- rjivuJ> not as a penalty, the sum of � � Dollars ($_ 16501. ) per day for each and every working day's delay in completing the work in excess of the number of agree/forms/federal 4-20 6 working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. agree/forms/federal 4-20 7 No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the famishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/federal 4-20 8 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROTECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14, PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof, From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, agree/forms/federal 4-20 9 if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. agreelforms/Wera! 4-20 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer 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 and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall agreelformslfederal4-20 11 furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE;_ ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; agree/forms/federal 4-20 12 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has agree/forms/federal 4-20 13 been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROTECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no farther obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agmelformslfederal 4-20 14 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, .RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29, NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/fomFs/federal 4-20 15 TO CITY; City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: 40ftJ4-rF%r INC. P 0. PDX P I It The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. agree/forms/federal 4-20 16 33. ATTORNEY' S FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non - prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36, DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date agreedbrms/fe&ral 4-20 1 of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. 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. B. Pursuant to this Agreement and in accordance with Section 1U74 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each agree/forms/federal 4-20 18 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. 40. CALIFORNIA EIGHT -HOUR LAW A. 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 (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section IS 13, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) 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. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agree/forms/federal 4-20 19 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record 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, and 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. 44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement 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. 45. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et ,seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply agree/forms/federal 4-20 20 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION MINORITIES ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 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 US 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. agree/forms/federal 4-20 21 To ensure 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. 48. 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 including, 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. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. agree/forms/federal 4-20 22 50, 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 Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act 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) thorough (d) of this section in every nonexempt subcontract, and farther agrees to take such action as the Government may direct as a means of enforcing such requirements. 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). agree/forms/federal 4-20 23 52. HOUSING AND URBAN DEVELOPMENT 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. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties, No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. agreelformslfederal 4-20 24 CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California GANTRY CONSTRUCTORS, INC. MaytV �izoo ATTEST: Ra and E, Bluff V Print name ITS: (circle one) Chairma residen ice President YY Clerk..��1 AND APPROVED AS TO FORM: By: Michael R. BLuff J,/,,,ZityAtorney print name I 11 S: (circle one) -aecretarylunief Financial Urricelossi ' ecretary -Treasure REVIEWED AND APPROVED: ity Administrator agmelforms/federal 4-20 25 IN17 ND PPROVED: Dlrec"' ublic Works SECTION C PROPOSAL for the LIFT STATION D PROTECT at INTERSECTION OF WARNER AVENUE AND LOS PATOS AVENUE CASH CONTRACT No. 1182 in the CITY OF HLI'TLNGTON BEACH TO THE HONORABLE MAYOR AND NENIBERS OF THE COUNCIL OF HLfNTINGTON 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 specif cations 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 270 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other .contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with Agency at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to Agency of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the Agency will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govem over extended amounts, and words shall govern over figures. City of Huntington Beach — Lift Station D C-1 October 2004 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the Agency's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property.of the Agency and this bid and the acceptance hereof may, at the Agency's option, be considered null and void, Accompanying this proposal of bid, find bid bond in. the amount of $ 1056 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 Xo. Date Received Bidder's S iaature Zal e a -oy C City of Huntington Beach — Lift Station D C-2 October 2004 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an, amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work me and Address of Subcontractor State Licens 1Vumbe Class Zllkk r A! W J'CI , 2 1A///IU arzt -r mw e120S. si," Al ,- A%Y'AkV r$ 7737S1 ¢f w!}G 1'7ifa IGl ee- ANC c.� L yPiz� is , g 3 1 9 7V6 , �L�Lr: Vf dvr'r7�F 76 3 7 -f U 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. City of Huntington Beach — Lift Station D C-3 October 2004 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of 91ZiK Ar i z on a ss. County of OnarAx Yavapa i 'Michael R. BLuff being first duly sworn, deposes and says that he or she is V.Pres. - of Gantry Constructors, Inds party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or aggent thereof to effectuate a collusive or sham bid. Gantry Constructors, Inc Name of Bidder Signature of Bidder P.O. Box 819, Clarkdale, AZ 86324 Address of Bidder Subscribed and sworn to before me this 21 day of Jan 72005 . sooz �AW09 � dvnv� pa �� `'"' euozij{ 10 ains - ongnd AuVIGN '^" GINVdVIViN .H HV11HS ld�s -1dioi�Ao �d�. NOTARY PUBLIC NOTARY SEAL City of Huntington Beach — Lift Station D C-4 October 2004 UTILITY AGREEMENT HONORABLE iWAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract known as the Lift Station D Project, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defiled, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2740, 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. Gantry Constructors, Inc. Contractor 42,��z �-Zo< By Michael R. BLuff V.Pres. Title Date: January 25, 2005 City of Huntington Beach — Lift Station D C-5 October 2004 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. City of Huntington Beach — Lift Station D c-d October 2004 COVTENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Gantry Constructors, Inc. Contractor By Michael R. BLuff V.Pres. Title Date; January 25, 2005 City of Huntington Beach — Lift Station D C-7 October 2004 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the Agency. Section 421614217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the Agency upon request. City of Huntington Beach — Lift Station D C-S October 2004 BIDDER'S LNFORN.[ATION BIDDER certifies that the following information is true and correct: Gantry Constructors, Inc. Bidder Name P.O. Box 819, Clarkdale, AZ 86324 Business Address Clarkdale, AZ 86324 City, State Zip (928 ) 649-2093 Telephone Number 801945 - General Engineering State Contractor's License No. and Class 2001 Originaal Date Issued 12/31/05 Expiration Date The work site was inspected by Dennid Jaich of our office on Jan. loth , 2005 The following are persons, fums, and corporations having a principal interest in thus proposal: Raymond_E. Bluff, 1V - Pres. —Michael- R. BLuff - V.Pres./Asst. Sec. Guy W. Bluff_- Sec./Trea^^_ City of Huntington Beach - Lift Station D C-9 October 2004 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Gantry Constructors, Inc. Company Name Signature of Bidder Michael R. BLuff Printed or Typed Signature Subscribed and sworn to before me this 21 day of January , 200 5. NOTARY PUBLIC aVZFtC4nt sr_I\t_ SHELAII R. MALAPANES NOTARY PUBLIG - state of Arizona YAVAPAI COUNTY My Comm. Expires May 2o, 2008 NOTARYSEAL 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: 1. SEE ATTACHED RESUME Name and Address of Public Agency 2. 3 Dame and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency _ Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed City of Huntington Beach — Lift Station D C-10 October 2004 Licenses GANTRY CONSTRUCTORS, INC. Arizona A-169543 HEAVY CIVIL ENGINEERING CONTRACTORS California 801945 GANTRY CONSTRUCTORS. INC RESUME Address: 917 Main Street PO Box 819 Clarkdale, AZ 86324 Telephone/Fax: (929) 649-2093 (928) 649-0925 Officers: Raymond E. Bluff IV - President Guy W_ Bluff- Secretary/Treasurer Michael R. Bluff— Vice President The above principal individuals have been actively engaged in the general engineering construction business for the past 30 years with projects in California, Arizona, New Mexico, Nevada and Colorado. Gantry Constructors, Inc. was formed and incorporated in August, 2001, for the purpose of engaging in general engineering construction projects in Arizona, California, Nevada, New Mexico and Colorado. We specialize in all types of work including pipeline, earthmoving, concrete structures and water and wastewater treatment plants. The following list is a brief summary of those contracts and the agencies with whom we have contracted. P.0_ Box 8z9 Clarkdale, AZ 86324 928-649-2093 Fax: 928-649-0925 www.gantryconstructors.com COMPLETED & CURRENT CONTRACTS DESCRIPTION CONTRACT AMOUNT WRP Land Outfall Pipeline Repair $ 328,000 City Project # 11602 City of San Clemente, CA Deist-Binsfield, Inc. Start Date: March 2002 380 Avenida Pico, Bldg. N Completion: May 2002 San Clemente, CA 92672 Greg Deist, Engineer (949) 361-6154 2. Holbrook Municipal Airport $ 147,520 AWOS Project, ADOT No. E2F34 City of Holbrook, AZ Allen Roes, City Engineer (928) 524-6225 Z & H Engineering, Inc. Start Date: November 2002 717 W. Dunlap Ave., Suite 100 Completion: April 2003 Phoenix, AZ 85021 John V. Berghian, P.E. (602) 997-7536 3. Bakersfield WWTP #3 $1,305,700 2002 Headworks Upgrade City of Bakersfield, CA Public Works Dept. Start Date: February 2003 1501 Traxtun Ave. Completion: January 2004 Bakersfield, CA 93301 Derrill Whitten, P.E. (661) 326-3724 4. Wastewater System Improvements $1,065,000 Refuge Pump Station & Force Main Project: SS 1770 Lake Havasu City, AZ Burns & McDonnell Start Date: November 2002 2231 E. Camelback Rd., Suite 200 Completion: April 2003 Phoenix, AZ 85016 Roger Greaves, P.E. (602) 3854500 2 DESCRIPTION CONTRACT AMOUNT 5. Truxton Canyon WWTP $ 590,383 Valentine, AZ US Dept. of the Interior Bureau of Indian Affairs Start: February 2003 Western Regional Office Completion: May 2003 PO Box 10 Phoenix, AZ 85001 Gerald Knox, C.O. (602) 379-4029 6. R.A. Skinner Filtration Plant $3,767,510 Sludge Handling Facility Metropolitan Water District of So. CA Start: July 2003 700 N. Alameda Street Completion: August 2004 Los Angeles, CA 90012 Terry Wallace, R.E. (213) 217-6000 7. R.A. Skinner Filtration Plant $1,855,815 Effluent Tank Bypass Pipeline Metropolitan Water District of So. CA Start: August 2003 700 N. Alameda Street Completion: March 2004 Los Angeles, CA 90012 Carolyn Dahlgren, R.E. (213) 217-6000 8. U.S. Filter/Westates Carbon $ 260,516 Wastewater Treatment System U.S. Filter Engineering & Construction Start: July 2003 400 Professional Dr., Suite 390 Completion: December 2003 Gaithersburg, MD 20879 Dave Choate, Egr.Manager (301) 840-6716 9. Henry J. Mills Filtration Plant $ 63,900 Handrail, Stairway & Grating Rehabilitation Metropolitan Water District of So. CA Start: October 2003 700 N. Alameda Street Completion: In Progress Los Angeles, CA 90012 (2l3) 217-6000 3 DESCRIPTION 10. Well 16 Wellhead & Compound Improvements City of Avondale Utilities Department 1211 South Fourth Street Avondale, AZ 85323 Steve Ruppenthal, Water Supt. (623) 932-1909 11. Desert Fire Protection at Whitsett Intake, Iron Mountain, Eagle Mountain and Julian Hinds Pumping Plant Facilities Metropolitan Water District of So. CA 700 N. Alameda Street Los Angeles, CA 90012 Paull Weston/Art Ogden (909) 392-5374 CONTRACT AMOUNT 12. Deer Valley Landfill Gas Extraction System Upgrade City of Phoenix, AZ Project No. PW16550001-REBID City of Phoenix Egr.& Architectural Services 200 West Washington St. Phoenix, AZ 85003-1611 Liz Blakley (602) 256-4109 $ 767,873 Start: April 2004 Completion: August 2004 $3,695,000 Start: Apri12004 Completion: In Progress $ 956,775 Start: August 2004 Completion: January 2005 4 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMNENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requireinnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Gantry Constructors, Inc. Contact Person: Michael R. Bluff Contact Phone. (928) 649-20,9`3,r Signed: ma's Date: 01/21/05 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 BID SCHEDULE FOR SEWER LIFT STATION IMPROVEMENTS - LIFT STATION "D" Item Description Quantity & Unit Price Extended Price No. Unit 1. Lift Station "D" Mobilization and demobilization: shall consist of preparatory work and 1 LS $ $ operations, including, but not limited to; potholing of utilities as indicated on the Drawings or as marked in the field; for the movement of personnel, equipment, supplies, and incidentals to s p >?Dd o p� allb . the Project sites; for the establishment and closing of all offices, buildings, and other facilities/ necessary for work on the Project, preparation of contract schedule, shop drawings, and other submittals; for surveying (except as provided by Agency); for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work on the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate a ent is not provided under other items in the Bid Form, 2. Lift Station "D" shoring: shall include all labor, materials, and equipment necessary for 1 LS $ $ temporary shoring, and internal bracing or equivalent methods. Planning, design, engineering �Q 0 a fees, furnishing and constructing, and removal and disposal of such temporary shoring and 6,60 p 00 • do t7 O'D bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary, shoring, and bracing or equivalent shall constitute full compensation for completion of all trench and excavation shoring and bracing and lift station piles, shoring, and bracing as required to complete the Lift Station "D" project, including shoring for yard piping and all work required for or incidental to the satisfactory completion of the items for which separate a ent is not provided under other items in the Bid Form. 3_ General Lift Station "D" construction: shall include all labor, tools and equipment to construct the sewage lift station and appurtenances complete in place, consisting of but not limited to the following activities / items while coordinating work with others: 3.1 General Conditions 3.1.1 Bonds, Insurance and Permits, etc. 1 LS $ /Oa 0a0 .ai f $ / 0 0/ DOD . 3.1.2 Environmental Mitigation and Monitoritt 1 LS $ o w . , $ ZD. �4� • r City of Huntington Beach Addendum #7 CC#1182 Lift Station Improvements For Station. D 1/13/2005 Item No. Description Quantity & Unit Unit Price Extended Price 3.1.3 Site Dewatering and Drainage, Treatment and Disposal (non- hazardous/contaminated l L5 $ r �pD 000 $ �04 0 �� o� 3.1.3.1 Contaminated Groundwater Treatment and Disposal 20,000 Gal $ 76 $ /L V 00 00 3.1.4 Site Hazardous Waste (Soils)Treatment and Disposal 200 CY $ /00 $ J 3.1.5 Compliance with both NPDES MS5 and De-minimus permit requirements including preparation of and filing of applicable forms/plans (NOI, SWPPP, NOT), Implementation and Maintenance of BMPs, Inspections, Notifications, Monitoring, Sampling and testing. I LS $ J' 000 $ �0 3.1.6 Geotechnical Instrumentation and Monitoring Inclusive, but not limited to twenty (20) surface monitoring points, eight (8) near surface settlement points, as well as monitoring during construction of two (2) inclinometers and two (2) observation wells;, and all other monitoring, equipment, labor and appurtenances associated with Specification 300-5 (modified). 1 LS $ $ 3.2 Sitework 3.2.1 8' Sidewalk 1 LS 3.2.2 Curb and Gutter 1 LS $ Opp 3.2.3 Base — Class 11 for Asphalt I LS $ $ /D v o 6 o� 3.2.4 Paving Asphalt 1 LS $ 30 000 30, POO. 3.2.5 Guardian Style Fence and Gate 1 LS $ /S a a0 3.2.6 CMU Retaining Wall 1 LS $ $ '7 $, 000 3.2.7 Landscaping Improvements I LS $25,000 $25,000 3.3 Lift Station 3.3.1 Excavation for Station including Protection (in Place) of all utilities adjacent to excavation. 1 LS $ /0 00 0 Z7 f $ o 2 �i d/ 060 3.3.2 Backfill and Densification for Station 1 LS $ �j bp0 $ U 0fl a0 3.3.3 Station and Site Concrete (including forms & reinforcement) I LS $ ) 0 ZL ?00 $ I 0 ZL 1 7 00 Pumps, Pump Motors, Mechanical Seals & Triplex Controller 1 LS $o aDD $ go000 ai City of Huntington Beach Addendum #7 CC#1182 Lift Station Improvements For Station D 1/13/2005 Item No. Description Quantity & Unit Unit Price Extended Price 3.3.5 3.3.6 On -site Sewage Pi in Station & B ass includin ail Pi a Fittin sand Valves Duplex Sump Pump System 1 LS 1 LS $ 0 . $ /0 D0U $ ADO $ b d 0°;" 3.3.7 Ventilation System (Fans, Ductwork, Controls, etc.) 1 LS $ ,?5. DOd r $ 75 pod 9' 3.3.8 3.3.9 Misc. Metals (Stairs, Grates, Railings, Pipe Hangers & Supports etc.) Misc. Plumbing including all non -sewage piping and appurtenances 1 LS I LS $ 7 000 0 Do $ ° 7S- DDD.D' $' 00 0 _ 0 3.3.1 224" Ductile Iron Sewer Piping and fittings for Gravity Main connection 1 LS $ G 00 0 r $ 90 ODD 3.3.11 One -Ton Hoist, Trolley and Transfer Cart 1 LS $ (, 6 $ lot) 3.3.12 Manhole Frame and Covers 1 LS $ Z occ $ Z Oe>d> . 3.3.13 Roof Hatches I LS $ 0, $ Oi7p aQ 3.3.14 Magnetic Flowmeter with Local and Remote Indication 1 LS $ �,�� r $ 7i 5_0 0 ,a16 3.3.15 2" Potable Water Service with 1 '/a" Meter and Backflow Preventer 1 LS $ a06 -, $ 0 a 0 ov 3.3.16 3.3.17 Painting and Coatings Cleanup and Testing 1 LS I LS $ 'Y0r 000 $ 7i60 $ 50 $ 3.4 Electrical Work 3.4.1 480 Volt Service Conduits and Slab Box 1 LS $3 $ D 4C3� 3.4.2 400 Amp Switchboard MCC and Gen. Connector I LS $ ��0 0 D-70 $ p Q r 3.4.3 Permanent 250kW NG Generator with Auto Transfer Switch 1 LS $ �p p1 000 f $ I DD '00jq • n - 3.4.4 Exterior Station Light Fixtures I LS $ oD $ 3i OOd, 05- 3.4.5 Interior Station Light Fixtures I LS $ / $ Coo , sr. 3.4.6 Power Outlets 1 LS $ �+j d r $ 0 QA o� 3.4.7 Remote Terminal Unit RTU) including computer operated scada system 1 LS $ 3o A ' $ -3S ao a- 3.4.8 Field Devices including but not limited to Level Sensors, Lack -out -Stop switches, Help Summon contact, Flood Detect contact, Float switches, etc. I LS $ r 7,0000 $ 3.4.9 Instrumentation — Installation and Testing I LS $ $ e� 3.4.10 Conduit and Wiring I LS $ City of Huntington Beach Addendum #7 CC#11$2 Lift Station Improvements For Station D 1/13/2005 Item Description Quantity & Unit Price Extended Price No. Unit 4. Lift Station "D" ltorcemain construction: shall include cutting existing pavement; relocation 1 LS $ $ of existing utilities if required; protection of existing oil and gas lines in place; dewatering and drainage; installation of the pipeline; disposal of excess removed materials and drilling fluids; 'jD000 ao costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways, traffic loops, monuments, striping and any other surface restoration required by the drawings; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. 5. Lift Station "D" Traffic Control: shall include implementing traffic control procedures as 1 LS $ $ required by the contract documents during the construction of Lift Station "13", the 14-inch Forcernain and demolition of the Old Lift Station "D" as well as all associated utility p8 p p cj . relocations including the water and gas main relocations. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, restrping, barricades, signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto for which separate payment is not provided under other items on the Bid Form. 6, Water Main Relocation: shall include cutting existing pavement; relocation of existing I LS $ $ utilities; dewatering and drainage; installation and use of the temporary pipeline in order to maintain continuous water service; protection in place of the existing oil and gas lines; installation of the permanent pipeline; disposal of excess removed materials; costs incurred for use of public water supply; restoring all existing physical features to grade, including £ oa 7 �f 000 pavement, curbs, gutters, sidewalks, driveways and any other surface restoration; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form City of Huntington Beach Addendum #7 CC#1182 Lift Station Improvements For Station D 1/13/2005 Item Description Quantity & Unit Price Extended Price No. Unit 7. Lift Station "D" Gravity main construction from the Existing Lift Station `iD" to the 1 LS $ $ proposed Lift Station "D",: shall include 353 L.F. of 24" dia. SDR-28 PVC, 36 L.F. of 1.5" dv Dia_ SDR-26, associated sewer manhole cutting existing pavement; relocation of existing s, g g P g tJ.�4f doD 40 /'�1DD . utilities if required; protection of existing oil and gas lines in place; dewatering and drainage; installation of the pipeline; disposal of excess removed materials and drilling fluids; costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways, traffic loops, monuments, striping and any other surface restoration required by the drawings; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. 8. Demolition of Existing Lift Station "D", located approximately 350 feet west of the new Lift Station "D" Site and associated force main. 8.1 Work at Existing Lift Station "D" located on the south side of Warner Avenue, approximately 350 feet west of the new Lift Station "D" Site. 8.1 Demolition of Interior and Exterior Piping, Ductwork, Conduit, Wiring and I LS /Z d 00 17 000 ° J Equipment 8.2 Abandonment of Existing Station "D" - Filling with Lean Mix Concrete 1 LS 000 2� b00 d' 8.3 Abandonment of existing sewer force main, and manholes between Existing Lift "D" I LS, ODd Station and OCSD Trmt Main Manhole in Los Patos Ave. as indicated LS shall mean Lump Sum CY shall mean. Cubic Yard Gal shall mean Gallons Total Bid in Words ✓Jls jifttiD"V Ogle �yNDr" faf i �wd ZV00JAMP VIAA0— I A dlL-e.6 h0LtA1?_( TOTAL BID $ NO� -- City of Huntington Beach Addendum #7 CC#1182 Lift Station Improvements For Station D 1 / 13/2005 Add Alternate #1 The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate Item identified/listed below. The City shall award the contract on the basis of the project Base Bid alone. Item I Description Quantity & Unit Price Extended No. Unit Price Alt #1 Demolition of Existing Lift Stations "B",& "C"and associated gravity and force mains Alt# 1.1 Work at Existing Lift Station "B" located on the east side of Pacific Coast Highway, approximately 600 feet north of the intersection of Warner Ave and Pacific Coast Highway. Alt# 1.1.1 Demolition of Interior and Exterior Piping, Ductwork, Conduit, Wirin and Equipment 1 LS Alt# 1.1.2 Abandonment of Existing Station "B" - Fillip with Lean Mix Concrete 1 LS /t7004 Alt# 1.1.3 Abandonment of existing sewer force main, gravity main, and manholes between I LS '� �� • r Existing Lift Stations "B" and "C", as �� indicated Alt# 1.2 Work at Existing Lift Station "C" located on the south side of Warner Avenue, approximately 2,100 feet west of the new Lift Station "D" Site. Alt# 1.2.1 Demolition of Interior and Exterior Piping, Ductwork, Conduit, Wiring and Equipment 1 LS Ali# 1.2.2 Abandonment of Existing Station "C" - Filling with Lean Mix Concrete 1 L5 % Alt# 1.2.3 Abandonment of existing sewer force main, gravity main, and manholes between 1 LS Existing Lift Stations "C" and "D", as indicated LS shall mean Lump Sum LF shall mean Lineal Feet EA shall mean Each f o sZ 01-f Total Add Alternate Bid in Words �' I' f `� l_ cs5 l TOTAL Add Alternate Bid in Figure $ 56 O oa . �� 1182 Addendum 7 Body H 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 20, 2005 Gantry Constructors, Inc. Attn: Raymond E. Bluff, President P. O. Box 819 Clarkdale, AZ 86324-0819 Re: Sewer Lift Station Improvements for Station "D" — CC-1182 CALIFORNIA 92648 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for six months. If your performance bond does not include specific wording for a six-month warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, oan L. yn City Clerk JF:pe Enclosures: Copy of Agreement Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followuplcashconticashcon-letter_doc (Telephone: 714.536-5227) BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Gantry Constructors, Inc. as Principal, hereinafter called the Principal, and the Western Surety Company of Sioux Falls, SD , a corporation duly organized under the laws of the State of South Dakota , as Surety, hereinafter called the Surety, are held and firmly bound unto Cily of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Total Bid Amount Dollars ($ 10% of Total Bid Amount ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Cash Contract No. 1182, Sewer Lift Station Improvements for Station D NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. .].. --P January . _ ,,.� � .�. _, 2005 Gantry Constructors, Inc. (Seal) Principal ^Title 4nces Famswort Witness o-�v�ar�ccr iuw FRP VVestern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Laura Mary Kessler, Charles A Touche, Individually of Phoenix, AZ, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereofr, duly adopted, as indicated, by the shareholders of the corporation - In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to W signed by its Senior Vice President and its corporate seal to be hereto affixed on this 16th day of December, 2004. WESTERN SURETY COMPANY Paul rBmflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 16dr day of December, 2W4, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say. that he resides in the City of Sioux Fails, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation_ My commission expires �44444444444444titiYM4M44 I • D. KRELL + November 30, 2006 ipOIARY PUBLIC IMI SOUTH GAKaIA IS t'444444444444444444�atitih4 D. Krell, NoTary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2.0tb day of January , 2005 WESTERN SURETY COMPANY a L. Nelson, Assistant Secretary Form F4280-01-02 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 ARIZONA ALL-PURPOSE ACKNOWLEDGMENT State of Arizona County of Maricona On _ January 20, 2005 before me, Jacqueline M_ Wanta , Notary Public, personally appeared Laura Mary Kessler 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/she/they executed the same in his/her/their authorized capacity(ies)), and that by his/her/their signature(s) on the instrument the person(s) acted, executed the instrument. WITNESS my hand and official seal. City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS To FORM T ER M.GRATH, ClyAtt suttonfity A}Eonuy i?•[f ti =� g:followuplcashconticashconl .doc procedure #14 1u DECLARATION OF SATISFACTION OF CLAIMS I, T state: (Name of Contractor) 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: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or. items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. (if none, state "NONE") 1 declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of (Location) g:followuplcashconilcashcon2_doc procedure #15 (Signature of Contractor) , 2t) . APPROVEDAS TO FORM 9 NITER McORATH, C3tyAnormy erab s,� }-k apnty City Aft mey RECEIVED BY. (N) (Date) CITY CLERK RECEIPT COPY Retum DUPLICATE to City Clerks Office after signing1dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh Freidenrich, City Tfeasu r FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for A,4A)7-,VS%xjta?kr c ompany Name] ' Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (Ca ncit Approval Date) 4,4 Agenda Item No. City Clerk Vault No. E Ca/-� —boo. 66 #t27 gAa11owuplbot►d1et1uAcc Bond #58627814 AIA Document A312 Performance Bond Conforms with the American Institute of Architects, AIA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where CONTRACTOR (Name and Address): Gantry Constructors, Inc_ PO Box 819 Clarkdale AZ 86324 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington CA 92648 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): Western Surety Company PO Box 5077 Sioux Falls SD 57117-5077 Date: Amount: Four Million One Hundred Forty Two Thousand Kline Hundred and no1100 Dollars ($4,142,900.00) Description (Name and Location): Lift Station "D" Project at Warner Avenue and Los Palos Avenue BOND Date (Not earlier than Construction Contract Date): March 23, 2005 Amount: Four Million One Hundred Forty Two Thousand Dine Hundred and nof100 Dollars ($4,142,900.00) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Gantry Constructors, Inc. (Corporate Seal) Signature: Name and Title: MICHAEL R. BWFF, V. (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telepphone) AGENT or BROKER: Lo% 8 Touch&, Inc. 5090 N 40th Street #M, Phoenix AZ 85018 5021956-2250 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3. I. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise.aften 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to SURETY 5626 (6-92) 5-18521GEEF1t)!99 allonc See Page 2 SURETY Company: 1N 9Surety Company (Corporate Seal) Name and'ltitll-Muta M%ry Kessler, Attorney-( OWNER'S REPRESENTATIVE (Architect, Engineer or other ply): perform the Construction Contract: but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: ` PpROVE.D As To PO Page 1 of 2 f Nj�jyR McG "'r C. '74l Attamey 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shalt be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4. I, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Constriction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS- 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations_ No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work ar part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first_ If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page_ 11 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract- 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof_ (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: SURETY (Corporate Sea]) Company: Signature: Name and Title: Name and Title: Address: Address: S-1852fGEEF 10199 Page 2 of 2 (Corporate Seal) Bond #58627814 ALA Document A312 Payment Bond Conforms with the American Institute of Architects, AIA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Gantry Constructors, Inc. PO Box 819 Clarkdale AZ 86324 OWNER (Name and Address). City of Huntington Beach 2000 Main Street Huntington CA 92648 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): Western Surety Company PO Box 5077 Sioux Falls SO 57117-5077 Date: Amount: Four Million One Hundred Forty Two Thousand dine Hundred and no1100 Dollars ($4,142,900.00) Description (Name and Location): Lift Station "D" Project at Warner Avenue and Los Patos Avenue BOND Date( Not earlier than Construction Contract Date): March 23, 2005 Amount: Four Million One Hundred Forty Two Thousand Nine Hundred and nol100 Dollars ($4,142,900.00) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Gantry Constructors, Inc. (Corporate Seat) Signature: Name and Title: MICHAEL R. BLUFF / (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Lovrtt 8 Touche, Inc. 5090 N 40th Street #200, Phoenix AZ 85018 6021956-2250 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. SURETY 5026 (6-92) S-18531GEEF 3l00 None []See Page 2 SURETY Company: we 'am urety Compan' (Corporate Seal) Signature: Name and ra 4flaF1 Kessler, Attorney -in -Fact, OWNERS REPRESEN-MTIVE (Architect, Engineer or outer party): 3 With respect to Claimants, this obligation shall he null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due- 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and Page 1 of 2 APPROVED AS TO FORM,. J N[FER McG.i�,C#,�,,vtomey .2 have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly, and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof; to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to. the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts- 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which MODIFICATIONS TO THIS 13OND ARE AS FOLLOWS: the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4. 1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page_ Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page_ 13 When this Bond has been furnished to comply with a statutoryor other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein_ The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to he a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 16.1 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to Punish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractoes subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were famished. 16.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 16.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea]) Company: (Corporate Seal) Signature_ Name and Title: Address: Signature: _ Name and Title: Address: S-18531GEEF 3= Page 2 of 2 VVestem Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Laura Mary Kessler, Charles A Touche, Individually of Phoenix, AZ, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirn od. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 16th day of December, 2004. WESTERN SURETY COMPANY o*°0i4� air "+iy fi Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 16th day of December, 2004, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My Commission expires*wr4+.�+arw.rtiatiw•w i + D. KRELL + November 30, 2006 ki;; NOTARY PUBLIC(Sib f SOUTH DAICOTA +� +ti�4SOVti4M44v�,tititi4tistitititi D. Krell, NO-Diry Public CERTIFICATE I, L_ Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed an the reverse hereof is still in farce. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 23" rd _ day of March , 9005 '� WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-01-02 ARIZONA ALL-PURPOSE ACKNOWLEDGMENT State of Arizona County of Maricopa On March 23, 2005 before me, Priscilla L. Itule , Notary Public, personally appeared Laura Mary Kessler _ 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/she/they executed the same in his/her/their authorized capacity(ies)), and that by his/her/their signature(s) on the instrument the person(s) acted, executed the instrument. WITNESS my hand and official seal. 't 1jjj�4�JJii* �• � I } NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F731© Company Profile Page 1 of 2 Company Profile WESTERN SURETY COMPANY P.O. Box 5077 SIOUX FALLS, SD 57117-5077 Agent for Service of Process JERE KEPRIOS, CIO CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIL #: 13188 NAIC Group #: 0218 California Company ID #: 0761-7 Date authorized in California: July 29, 193 0 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: SOUTH DAKOTA Lines of insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glo5sary. LIABILITY SURETY Company Complaint Informrn.ation Company Enforcement Action Documents CompanyPerformance & Comparison Data Composite Complaint Studies http://cdinswww.insurance.ca.gov/pls/wu—co—lines/idb—Co_prof utl.get_co_proPp EID=2... 3/28/2005 DATE IMWDWr rff) ACORR CERTIFICATE OF LIABILITY INSURANCE Gam° 1 04 21 D5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lovitt & Toucher Inc - Phoenix `-'�" ,1 HOLIER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OIL P O Box 80587 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PhoenixAZ 85060-0587 CI-0 r Phone:602-956-2250 Fax:602-956-2258/�z INSURED Gantry Constructors, Inc.✓/ P.O. Box 819 Clarkdale AZ 86324 COVERAGES INSURERS AFFORDING COVERAGE NAIL # INSURERA: 77AVEIMS 11MU urr COMIANY 25658 INSURER B_ TRAVELERS PROP & CAS CO INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER MATEY EMIFdF�ECT E PDATE MWG TION I LIMITS GENERAL LLABIUTY EACH OCCURRENCE $ 1, ODD, DDD X XCOMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR DTC0607BB419IND05 03/01/05 03/01/06 WULA PREMISE ( S�anccurence) $100,000 MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $ 1, 0 0 D, D D 0 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS-COMPIOPAGG $ 2, 000, 000 POLICY X j e - LOC B AUTOMOBILE X LIABILITY ANY AUTO DT8106078B419TIL05 03/01/05 03/01/06 COMBINED SINGLE LIMIT $ 1, 000, DDD BODILY INJURY (Per Peso^) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pereccident) $ X ][ HIREDAUTOS NON-OWNEDAUTOS PROPERTY DAMAGE (Per acddent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT § OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5 ,DDD , 0 0 0 B X1 OCCUR CLAIMSMADE DTCUP607BB419TILOS 03/01/05 03/01/06 AGGREGATE $ 5, 000, 000 s s ]DEDUCTIBLE _ s RETENTION § WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERIEXEGUTIVE APPROV D AS TO P RW TORY LIMITS ER EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER D DESCRIPTION OF OPERATIONS ! LOCATIONS f VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS *Except 10 days nonpayment. REPLACES CERTIFICATE ISSUED 03/31/05. The city of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are Addtl Insda if agreed to in a written contract per attchd CGD2 47(10/02) as respects Lift Station D Project; Cash Contract #1182.lntersc Warner Ave & Los Paton Ave. This insurance is primary CERTIFICATE HOLDER CANCELLATION HUNT02 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILD MAIL 3 0 * DAY$ WRITTEN CITY OF HUNTINGTON BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 MAIN STREET I HUNTINGTON BEACH CA 92648 AGORiD 25 (29U1 JU8) (0 ACORD CORPORATION 1988 Gantry Constructors, Inc. P.O. Box Big Clarkdale, AZ 86324 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DTC06078B419IND05 ISSUE DATE: 04-21-05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY — CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Huntington Beach, it's officers, elected or appointed officials, employees, agents and volunteers PROJECTILOCATION OF COVERED OPERATIONS: APPROVED AS TO F RM. Lift Station "D" project, Cash Contract 1182 /% 701, Warner Avenue and Los Patos Avenue, Huntington Beach, CA r j [IFER McG1;2ATH, C' Attomel 1. WHO IS AN INSURED — (Section II) is amended to include the person or organization shown in the Schedule above. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured at the location shown in the Schedule. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not in- crease the limits stated in Section III — LIMITS OF INSURANCE. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifi- cations; and 11. Supervisory or inspection activities per- formed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional in- sured by a written contract or written agree- ment in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such con- tract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I — Coverages) does not apply to you if the "bodily CG D2 47 10 02 Copyright, The Travelers Indemnity Company Page 1 of 2 COMMERCIAL GENERAL LIABILITY injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, con- tingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this in- surance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occur- rence" or offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. Page 2 of 2 Copyright, The Travelers Indemnity Company CO D2 47 10 02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORU 25 (2p01M) CERTHOLDER COPY STATE P.O- BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSIJRANCIEE FUNDICERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-14-2005 GROUP: POLICY NUMBER: 1718617-2005 CERTIFICATE ID: 13 CERTIFICATE EXPIRES: 03-01-2006 03-01-2005/03-01-2006 CITY OF HUNTINGTON BEACH THIS CERTIFICATE SUPERSEDES AND CORRECTS 2000 MAIN STREET CERTIFICATE #12 DATED 04-01-2005 HUNTINGTON BEACH CA 92648 J08: LIFT STATION D PROJECT CONTRACT #11132 INTER OF WARNER AVE. AND LOS PATOS AVE. This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not -subject to:cancellation by the Fund.except upon 30 days advance.written notice. to the employer. We will also give you:30 days advance notice should this policy be cancelled prior to :its normal expiration - This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notuvlthstaoding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may -pertain, the: insurance afforded by the policy described herein is subject to'all the°terms, exclusions, and conditions, of such policy. ` bA41111- A�,_ e. .AUTHORIZER REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - RAYMOND E BLUFF :.IV 'PRESIDENT - EXCLUDED. ......... ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-14-2605 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT-#2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 04=01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HUNTINGTON BRACH EMPLOYER A�pgOV'En As 1'`' City �,1 p1y-- FER McGRA�H GANTRY CONSTRUCTORS INC DBA: GANTRY CONSTRUCTORS .INC PO BOX 819 CLA.RRDALE AZ 86324 [A86,GPN PRW,r ED, 04-14-20os SCIF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF 1 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-01-2005 GROUP: POLICY NUMBER: 1718617-2005 CERTIFICATE ID: 12 CERTIFICATE EXPIRES: 03-01-2006 03-01-2005/03-01-2006 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 JOB: LIFT STATION D PROJECT CONTRACT #1182 INTER OF WARNER AVE. AND LOS PATOS AVE. This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject.to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. YAAI- AUTHORIZED REPRESENTATIvE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - RAYMOND E BLUFF 1V, PRESIDENT - EXCLUDED. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 04-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HUNTINGTON BEACH AVVROVV-D AS TO FORM: JENNIFER MaGRA , City Attorney 1l�JOS EMPLOYER GANTRY CONSTRUCTORS INC DBA: GANTRY CONSTRUCTORS INC PO BOX 819 CLARKDALE AZ 86324 IMEK,CNI PRINTED: 04-W.2005 5CIF 30262E Aecept# is oerlAmSa only it yo sea a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT' PAGE t OF 7 04121 / 2005 13: 55 9286490925 Lim I Ky L21b I KUU i F'L4Ut 101 GANTRY CONSTRUCTORS, INC. HEAVY CIVIL ENGINEERING CONTRACTORS Apri121, 2005 Christi Mendoza Risk Management City of Huntington Beach 20M Main Street FO. Box 190 Huntington Beach, CA 92648 Praj: Litt Station D Project Cash Contract No. 1182 Dear Chris: QOC189U3 & R" 71M cwwrA t t. 4ww* OD14°45 MW KMAts LUMM W" FAXED oNLY T4: (714) 536-6212 Pursuant to your request, the foll,iwing is a brief description: of the project: Construct a new sewage Lift Station "D" at the intersection of Warner Ave. and Los Paton Ave., including pumps, motors, mechanical systems, electrical & instrumentation. Work also includes demo of existing pump station D, relocation of 380 if of watermain and traffic control. The contract duration is 270 working days. However, the City has not given us a formal start date. The contract revenue is $4,142,900. Please give me a call if you need anything further. Thank you. Very truly yours, Michael . Oluff cc: Job 026 P.O. Sox 819 Ciarlwate. AZ $6324 928449-2093 Fax: 928449-0925 www.gardryconUructors.com INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST RECEIVED 1. Requested by: Christi Mendoza, Risk Management APR 2 8 2005 2. Date: April 28, 2005 City orHunmvton80aci 3. Name of contractorlpermittee: Gantry Constructors, Inc. City t omevs orfi,- 4. Description of work to be performed: Construct new sewage lift station T" at Warner and Los Patos Avenues including pumps, motors mechanical systems, electrical & instrumentaton and demo of existinCl puma station "13" and relocatino of 38U watermain and traffic control. 5. Value and length of contract 14,142,900.00; 270 working days 6. Waiver/modification request: $5,000 deductiblelgeneral liability insurance 7. Reason for request and why it should be granted: Unable to comply with the citVs zerfl deductible requirement 8. Identify the risks t e City in approving this waiver/modification: None. Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. 7rtio approvais are required fora request to be granted, . Approval fro the City.Administrator's office is only required if Risk Mar►ag►ent -t City Attorneys Office disagree. 1. isk Management Approved ❑ DeniedqF Signature Da e 2. City Attorney's Office )6�pproved ❑ Denie T D ignature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date It approved; the. completed waiverAnoWication request is to be submitted to the City Attorney's Office along with the contract for approval. Grace the contract has been approved, , this form is to be filed with; the Risk Management Division of Administrative Services (i GANTRY CONSTRUCTORS, INC. HEAVY CIVIL ENGINEERING CONTRACTORS March 25, 2005 Mr. Joseph Dale Contract Administrator City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 Proj: Lift Station D Project Cash Contract No. 1182 Warner Ave. & Las Patos Ave. Subj: Executed Contract Documents Dear Joe: Arizona License ROC169543 & ROC171891 Caiifomia License 801945 New Mexico License 86505 Nevada License 54805 Enclosed are copies of the following executed contract documents for the above -entitled project: Construction Contract Performance Bond Payment Bond The required insurance certificates are being forwarded to your office under separate cover directly from our agent, Lovitt & Touche in Phoenix. Please return a fully executed copy of the contract once all parties have signed it. Thank you. Very truly vours, Michael . Bluff Encls: As Stated cc: Job #26 P.O. Box 819 Clarkdale, AZ 86324 928-649-2093 Fax: 928-649-0925 www.gantryconstructors.com �q Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved 0 Denied Cit C rl s gnat Council Meeting Date: February 22, 2005 Department ID Number: PW 05-009 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL k4EMBERS SUBMITTED BY: PENELOPE CU RETH�RAFT, ClT DMI I TRATOR PREPARED BY. AUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS SUBJECT: Award Construction Contract For Sewer Lift Station "D" Improvements, CC-1182 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: On January 25, 2005, bids were received for Sewer Lift Station "D" Improvements, CC-1182. Staff recommends the award to Gantry Constructors, Inc., as the lowest responsive and responsible bidder. Funding Source: Funds are budgeted in the Sewer Service Fund, Lift Stations, Sewer Improvements 51189001.82600. Funding for this project includes Sewer Service Charge User Fees and an EPA grant of $873,000. The engineer's cost estimate for this project was $4,764,000. Recommended Action: Motion to: 1. Accept the lowest responsive and responsible bid submitted by Gantry Constructors, Inc., in the amount of $4,142,900 for the Sewer Lift Station "D" Improvements, CC-1182; and 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract; and 3. Authorize the Director of Public Works to expend up to fifteen percent (15%) in construction change orders. Alternative Actions : Reject all bids and direct staff to readvertise or abandon the project. REQUEST FOR ACTION MEETING DATE: February 22, 2005 DEPARTMENT ID NUMBER:PW 05-009 Analysis: This project will construct a new sewer lift station located at the intersection of Warner Avenue and Los Patos Avenue, replacing the existing Sewer Lift Station "D". The existing Station "D" is located on the south side of Warner Avenue near Edgewater Avenue. A 1993 analysis identified the station as having capacity and wet well cycling deficiencies, inadequate pipe supports, a leaking dry well and a 200% deficiency over design. Lift Station "D" is the City's highest priority station for replacement. The proposed replacement location is on the south side of Warner Avenue in an unimproved area between Warner Avenue and Los Patos Avenue. The lift station will be located within the City's right-of-way and safely out of the travel way. Bids were opened publicly on January 25, 2005, and are listed in ascending order: Bidding Contractor Bid Amount 1. Gantry Constructors, Inc. $4,142,900.00 2. Kiewit Pacific $5,935,100.00 The reference check for Gantry Constructors, Inc. provided acceptable responses from past clients. Staff recommends that the City Council accept the bid from Gantry Constructors, Inc., the lowest responsive and responsible bidder. A contingency of approximately 15% is requested for this project due to the complexities of the construction, depth of the excavation and potential for unforeseen conditions. These funds are intended for use only in the event that field conditions warrant an additional expenditure. In compliance with Resolution No. 2002-119, prior City Council authorization is necessary so that construction will not be delayed. Public Works Commission Action: The Public Works Commission reviewed and unanimously approved this project on June 18, 2003. Environmental Status: Pursuant to the California Environmental Quality Act (CEQA), the project required a negative declaration. COASTAL DEVELOPMENT PERMIT 03-15 and MITIGATED NEGATIVE DECLARATION NO. 03-01 were acted upon by the Zoning Administrator of the City of Huntington Beach on November 17, 2004, and conditionally approved. Attachment(s): 1. I Location Map 2. Sample Federally Funded Construction Contract G:IR C A=05105-009 February 22 Erdman (Award Lift Station D).doc -2- 213/2005 5:21 PM ATTACHMENT #1 LIFT CA 77ON LIFT STATION V IMPROVEMENTS LOCATION MAP Fs CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 1 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works pro}ect, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of agree/forms/fedeml 4-20 1 work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated. time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA ageelfornWfederal 4-20 2 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed agree/forms/federal 4-20 3 Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within �) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. b. CHANGES. CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope agree/forrm/federal 4-20 4 of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance agree/forms/federal 4-20 5 for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of agree/forms/federsi 4-20 6 working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. agree/forms/fedeml 4-20 7 No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it fords that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/federal 4-24 8 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, agree/forms/federal 4-20 9 if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16, AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. agree/forms/federal 4-20 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer 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 and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall agree/fontns/fedeml 4-20 11 furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; agreelformslfederal 4-20 12 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has agree/form/federal 4-20 13 been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/forms/federal 4-20 14 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agreelformslfederal 4-20 15 TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matcrs included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. agree/forms/federal 4-20 16 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non - prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date agme/forms/federal 4-20 17 of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. 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. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each agree/forms/federal 4-20 18 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. 40. CALIFORNIA EIGHT -HOUR LAW A. 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 (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. 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) 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. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agreelfonnVfederal 4-20 19 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43, PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record 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, and 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. 44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement 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. 45. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply agree/forms4ederal 4.20 20 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 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. agree/forms/federal 4-20 21 To ensure 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. 48. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (19 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, 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. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. agreelforrnVfederal 4-20 22 50. 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 Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act 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) thorough (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. 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). agreelforms/federal 4-20 23 52. HOUSING AND URBAN DEVELOPMENT 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. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. agreelforms/federal 4-20 24 CONTRACTOR By: print name ITS: (circle one) Chairman/PresidentlVice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/federal 4-20 25 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON -ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 1 TABLE OF CONTENTS, continued Pam 33. ATTORNEY'S FEES 34, INTERPRETATION OF THIS AGREEMENT 35. GOVERNING LAW 36. DUPLICATE ORIGINAL 37. CONSENT 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 39. CALIFORNIA PREVAILING WAGE LAW 40. CALIFORNIA EIGHT -HOUR LAW 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 42. EMPLOYMENT OF APPRENTICES 43. PAYROLL RECORDS 44. FEDERAL PARTICIPATION 45. DAVIS-BACON ACT 46. DISCRIMINATION, MINORITIES, ALIENS 47. EQUAL EMPLOYMENT OPPORTUNITY 48. COPELAND "ANTI -KICKBACK" ACT 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 51. ENERGY CONSERVATION 52. HOUSING AND URBAN DEVELOPMENT 53. ENTIRETY 2 17 17 18 18 18 18 19 20 20 20 21 21 21 21 22 23 23 24 24 24 18 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for Sewer Lift Station "D" Improvements, CC-1182 COUNCIL MEETING DATE: February 22, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Appiicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) �{ „�. Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. AttachedNot Applicable ❑ (Approved as to form by City Attome Certificates of Insurance (Approved b the City Attorney) � AA Y Y Y} Attached Not Applicable ❑ Fiscal Impact Statement (Unbud et, over $5,000) Attached Not Applicable Bonds (If applicable) AttachedNot Applicable Staff Report (If applicable) Attached Not Applicable Commission, Board or Committee Re ort licable If a p � pP } attached Not Applicable Find in s/Conditions for Approval and/or Denial g pp Attached Not Applicable El ED EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO Administrative Staff Assistant City Administrator Initial City Administrator Initial Citv Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: D. Erdman ;GL e 41 i � L/X SECTION A NOTICE INVITING SEALED BIDS for the SEWER LIFT STATION IMPROVEMENTS FOR STATION D CASH CONTRACT No.11S2 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on Tuesday, November 30, 2004. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $150.00 nonrefundable fee if picked up, or payment of a $170.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. (Contractor to provide a shipping account number for use of delivery services other than standard U.S. Postal Service) A Mandatory Pre -Bid conference meeting will be held at 10.00 AM on November 8, 2004 at 2000 Main Street (Room B-7, adjacent to Council Chambers), Huntington Beach, California, 92648. Contractors are required to attend this meeting. The Contractor or the Contractor's competent and qualified representative shall sign -in on the meeting attendance roster to ensure that their presence at the meeting has been recorded. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, The 3rd day of May 2004. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH i City of Huntington Beach Lift Station W Improvements ((,� fin) a Y. CC-1182 L-0 S Pr, - Bid Date & Time: January 25, 2005 2:00 P.M. Engineer's Estimate: $4,763,177 BIDDER'S NAME RANK TOTAL BID AMOUNT IDD 2. % C 3. (61eW OF 4. 5. 6. 7, 8. 9. 10. 11. 12. 13. 14, 15. Page 1 of 1 FAX COVER SHEET JJ CITY OF HUNTINGTON BEACH Public Works Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 FAX (714) 374-1573 I TO: «FirstName)> <<LastName» DATE: November 30, 2004 COMPANY; <(Companp) FAX NO: «fax» NUMBER OF PAGES INCLUDING COVER SHEET: 1 FROM: Doug Erdman, Associate Civil Engineer PR03ECT NAME: SEWER LIFT STATION IMPROVEMENTS FOR STATION D PROJECT NUMBER: CC 1182 PLEASE NOTIFY ME IMMEDIATELY AT (714) 536-5259 IF ALL PAGES ARE NOT RECEIVED PROPERLY. ADDENDUM NUMBER THREE For SEINER LIFT STATION IMPROVEMENTS FOR STATION D CC 1182 Items covered in this Addenda: Revised Bid Opening Date: January 10, 2005 at 2:00 p.m, CONTACT PERSON: Doug Erdman, Associate Civil Engineer/ Project Manager, (714) 374-1735 1182 addednum 3 fax SEWER LIFT STATION IMPROVEMENTS FOR STATION D CC # 1182 ADDENDUM NUMBER TWO November 30, 2004 Bid Opening Date POSTPONED Revised Bid Opening Date pending Estimated : Mid January WMA sponse to this notice. jjj criminate�ag"ammss d o the H U N 7' I IV G T O N B EACH 09806 basis of race, color, national origin, ancestry, Q� .. sox, religion any consideration leading to NDEP-L-i 1111 �� SIAWND the award ofeentract. No hid shah be Con - JL CM CQM(JIL IW. sidered unless it N prepared' on the ap- proved Proposal forms in conformance with the PUBLIC NOTICE I5 Instructions to Bidders. Hmay fs1VEN that flue', The bid must he ac- CITY OF: HUHTINSTOH companied. by a cortif led BEACH, as AGENCY', check, cashier's check, invites sealed bids fu e the above stage Y projects and will recei bids iw the ss t Client Reference #� effic of the City Clerk, Secon I ' Flour, 2000 Main Street, each, Cali- hHBp tthd lR O �! hour of 2:aoP' s ington Beach Independent Tuesday, NGvemberQn 2004. Bids will he publicly open in the Council Chambers unless nclosed is a clipping of your ad from the first publication, A? - - o and expiring on - F you need to make any changes or corrections, arliest convenience. cost of this ad is $ for your cooperation and patronage. Michael Sletten Legal Advertising beginning on please call me at your 18682 Beach Blvd., Ste.160, Huntington Beach, California 92646 (714) 965-3030 Fax (714) 965-7174 A Publication of Times Community News 9 A Division of the 11oz Angeles &imes PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: OCTOBER 28, 2004 NOVEMBER 4,11,18,2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on NOVEMBER 18, 2004 at Costa Mesa, California. M Signature _.S[CMA -s MsN eirterea into pursuant to - - this notice will lncor- porate the provisirnis of HUNTINGTON BEACH, CALIFORNIA, ThOrd day �. the Federal Labor of May2W, It WN URffATO Standards; which are on file at the office of the Attest: /s/loanL.'Flynn Director of PubGe Works, CTMCLERK OF THE CITY RAM 2000 Main Sheet, thin- Ungton Beach, CA 92 OF HUNTINGTON BEACH ti Published Huntington (� �� : The AGENCY will`' ' J;ach lndeperu3aiY �11 11 duct a 10%, refs October 28, November from all -progress', -4,11,18,2004, ments. The "Contractor 104-135 .CROFHUMMWo PUBLIC NOTICE IS may substitute an es, crow holder surety of HEREBY 61VEN that the CITY OF iEUN711H 60 equal value"to;.the BEACH, 'as AGENCY, retention in eccordened invites sealed bids for with the prov�rQnS of the Ca .-,Ila 6tivern- the' above stated proiecis and will receive ment ode, Sbtitiorl 4590' such bids in the office of the City Clerk, Second Ga>l#ractpr. shut[ be tHma#i Floor, 2000 Main Street,e {' teci1tve it rotor@ Huntington Beach, Cali- fornia 9264% up to the hour of 2:00 P.M. on -The, >3 Y . h eb}r; Tuesday, November a tivef ,�, :elisures, 'that 20i)4. Bids' will be be ininori hrisiaees publicly open in the enterprises::>.w.ill- he orded f o afforded Cali; ]3o[tNlilty Council gram6era unless otherwise pasted. to., :iti ,re- Copies of the Plans, sponse .,, 06tice Vie' is - Specifications, and contrast documents are i, avaEabla from the.Offiice crirni� d the of.cg; tofor, j of the Director of Public. 'naiiogel er 'fir' 2000 Main sax, or rel in anti Considaratierr o fi ScreeWorks, Street, Huniingtoit Belch.CA 92Mu on the aviardof- egntract. . No bid shsll • bed coa- paymaat of. a $i50.00 !, sidered . pnlesa i# is nonrefundable fee if plapared; on..the:' op, picked ups or payment prved Proposal 4ornis of a .$1Pd.00 nonre- 110.11 rmanea with the fundable fee. H mailed Instruct" to Bidders. via U.S. Postal Swvire,; The bid uro - be . ac- FedEx, UPS or any other! coftaRied by a etwtified delivery service , check; OShler's check; (Contractor to provide a or. bidder's bond matte shipping account number payable to the AGENCY for use of delivery for an amount no less services other than than 10% of the argeunt standard U.S.. Postal bid. The 'successful Service) bidder shall be licensed. A Mandatory Pre -Bid in accordance with caq#erence meeting will provisions of the Basi- be eld at'1000 AM on ness' and Professions November 8, 2004- at Code and she!E possess 2000 Main Street (Roam a State Contractor's B-7, adjacent to Council License Class at the .Chambers), Hun t�n time of the bid opening. Beach, California, 9 . The successful Con - Contractors are required 'tractor and his sub - to attend this meeting. tractars will be Wired The Contractor or the to oosaass Contractors . competent business licenses from and quatified represen-, the MENCY. tative shalt sign -in on! Tkp AGENCY reserves the meeting attendaneW the ,,iright to irojerjF�.a , roster to ensure the or all bids, to w*vAja. Ry'1 their presence at th irregularity and to take meeting has.;been r a0 bids ®rider advise - corded. meat:}for a maximurn This is a Davis-Baco eriodof 60 days, project and the. Feder c'��BY ORDER of the CITY Regulations will b VuUNCIL of the CITY OF enforced...Puty conk PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: OCTOBER 28, 2004 NOVEMBER 4,11,18,2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on NOVEMBER 18, 2004 at Costa Mesa, California, Signature f entered into pursuant to NM this notice will incur- HUNTINGTOAI BEACH, _ porate the 'provisions ofCMFORNIA, The 3r'd (to 1�1�9 the Fado *lk Labor of May2OO4 Standards;"which are onAttest: 1OF ` file at- the office of the, Director of Pi Works, /S/:Joan L; Flynn CITY CLERK OF THE CITY {) RA .. 2.000 Main Street, Hun HUNTINGTON BEACH fingtoh Beaah, CA 92fi48:. The AGENCY will de- Publisher) Huntington Beach Independent duct a 10% retentien from all proossa..pay- October 28, November 4, 11, 18, 2004 ments. The ontractor 104.135 PUBLIC NOTICE IS HEREBY Eft" that the "a" may substitute an es-:— crow holder : surety of OF HUNirN"QR equal yalee. to the BF.71,CH, as AGEWY. invites sealed bids for ratentiori' n4' cotda the. above- stated to projects soil will receive + : ' Cr►tle --such in the office The tAnlr of the City Cf4k, Second babenefieW1.WAaer Floor, 2000 Main Street; .--to sui'eq ,and shall Huntington Beach, Cali- receive any. 6itare4f forma. to the: 'thereon, - hour of 290 .M on . The AGEtody .hereby Tuesday, . November 30; . affirmst ensMrres 2004. 'Bids will be 'open in the #tgtnps3 publicly sntie. k, witF be ilr Council Chambers unless .af uppeKtynity otherwise pasted. to submit',bids. ,in re. Copies of the Plans, spDn' Abis :: notice Specifications, and .:ta and'. . contract documents are —4o .I .'d ,Frimitiptf.d E-agafasY art: available from the Office the b84ls' of race, color, of the Director of Public notional o►lifri, ancestry, Works, 2O00 Main Street, Huntington payment of a $15O.00 nonrefundable. fee If picked ap ar payment of a .I�170.00 nonre- fundable fee .if mailed via U.S. Postal Service, FedEx, UPS or any oq►er delivery service.. (Contractor to provide a shipping account number for use of delivery services other than standard U.S. Postal Service), A Mandatory Pre -Bid conference meeting will be held at 1O:O0 AM on November 8, 2004 at 20P Main Street (Rap* B-7, adjacent to Council Chambers), Hunt Beach, California, Contractors are required to attend this meeting: The Contractor or, the Contractor's competent, and qualified represen- tative shop sign-ln on the meeting attendance roster to ensure .that their limance -et the meeting- has been :rp- corded. This is a Davis -Bacon project and .the Federal Regulations will be enforced. Any contract sex, or ieligton in any considerab3n leadtng to the awwd'of contract: No bid_ : shall be bon- siderad unless it is prepared.' on the : ap- proved ;P►oposal, forms in obafminaoce,wft the InstructUns to, Bidders. The fill ; must be. ac- compa0W by a certified. check,' iier's check, or 'bidtil s bond' made payableto the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Susi- oess 8nd Professions Cads and shall possess a State Contractor's License Closs at -the time of file bid opening. The successful Con- tractor and his subs - contractors will be requirgd to possess business licenses from the -AGENCY. The AGENCY reserves gie.�right tb -reject -any': aJl.hi�s, t4sivArtt$;$l�i:_ irregularity and to take all bids under advise- ment for a maximum period of 60 days BY ORDER of the CITY COUNCIL of the CITY Of: r J Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Ci le 's ' nature Council Meeting Date: May 3, 2004 Departm nt ID umber: PW 04-40 N � CITY OF HUNTINGTON BEACH REQUEST FOR ACTION _0 r - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS T; SUBMITTED BY: WILLIAM P. WORKMAN, Acting City Administrator'` PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works ' SUBJECT: Authorize Advertisement For Lift Station "D" And Gravity Sewer Improvement Project, CC-1182 Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Status, Attachments) Statement of Issue: Plans and specifications are in final preparation for the Lift Station °D" and Gravity Sewer Improvement Project, CC-1182. Authorization to advertise the project for bids is requested. Funding Source: Funds are budgeted in the Sewer Service Fund, 51185201.82600. Funding for this project includes an Environmental Protection Agency Grant, Sewer Service Charge User Fees and an agreement with the Seal Beach Sanitary District. The engineer's cost estimate for this project is $3,990,000 for the construction of Lift Station °D" and $4,400,000 for the installation of the gravity sewer, for a total estimate of $8,390,000. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for Lift Station "D", CC-1182A and Gravies Sewer'.Jmprovement Project, CC- 1182�. L- Alternative Action(s):19- Direct staff to not move forward with the protect at thisime.��' �,� 57 REQUEST FOR ACTION MEETING DATE: May 3, 2004 DEPARTMENT ID NUMBER: PW 04-40 Analysis: This project will construct a new sewer lift station and force main located at the intersection of Warner Avenue and Los Patos Avenue, replacing the existing Lift Station "D". In addition, approximately 4,100 feet of new gravity sewer main in Pacific Coast Highway and Warner Avenue will be installed, allowing for the abandonment of existing Lift Stations "B" and "C" The existing Lift Station "D" is located on the south side of Warner Avenue near Edgewater Avenue. A 1993 analysis identified the station as having capacity and wet well cycling deficiencies, inadequate pipe supports, a leaking dry well and a 200% deficiency over design. Lift Station "D" is the City's highest priority station for replacement. The proposed replacement location is on the south side of Warner Avenue in an unimproved area between Warner Avenue and Los Patos Avenue. The lift station will be located within the right-of-way, but safely out of the travel way. The estimated construction cost for the replacement of the lift station is $3.9 million. In evaluating the design for the replacement for Lift Station "D", it was determined that, by increasing the depth of the station and replacing the existing gravity and force sewer mains with a single deeper gravity main, the City would be able to eliminate the need for Lift Stations "B" and "C". Both stations "B" and "C" are also on the City's priority list for replacement at an estimated cost of $2.5 million. Maintenance costs for the existing stations are approximately $60,000 total per year. The expanded design of Station "D" and construction of the new gravity sewer will save both capital and operating costs by reducing the number of stations to be maintained. The estimated construction cost for the replacement of the gravity sewer is $4.4 million. Public Works Commission Action: The Public Works Commission reviewed and unanimously approved this project on June 18, 2003. Environmental Status: Pursuant to the (CEQA) California Environmental Quality Act, the project will require a mitigated negative declaration. The Coastal Development Permit and Mitigated Negative Declaration are pending and will be obtained prior to award of project. Attachment(s): RCA Author: Erdmamig G:1R C A12004104-040 May 3 Erdman (Authorize Bid Lift Sta D-Wamer Sewer).doc -2- 4/13/2004 2:35 PM ATTACHMENT #1 LIFT OCA RpM LIFT STATION GRAVITY SEWER D & WARNER LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR LIFT STATION "D" AND GRAVITY SEWER IMPROVEMENT PROJECT, CC- 1182 COUNCIL MEETING DATE: May 3, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Si ned rn full Py the gLtZ Attome Attached Subleases, Third Party Agreements, etc. Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the Ci Aftomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR" DED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ) Ci Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: Erdman 1735 HUN1lfi��rf),�f ��/�["r`�, CA;. f rr,f,� �t '1y iii^.�4' IN ]ICON LC.,`r'i �-D I F.11J:7 f Jim CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK To: % o9 CALI FORNIA 92648 Enclosed -please find your original bid bond issued byAc>_v or- 00 DT L-�Ul4 for 1 � Joan L Flynn City Clerk JF:pe Enclosure g:/follo+vvp/casbcont/retumbidbond.doc ITelephen$:714-538.5227) Proposal Bond KIEWIT PACIFIC CO. Travelers Casualty and Surety Company of America Hartford, CT 06156 KNOW ALL MEN BY THESE PRESENTS, That we, Kiewit Pacific Co - as Principal(s) (hereinafter called the Principal), and TRAVELERS CASUALTY AND SLTRETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation of the State of Connecticut, as Surety (hereinafter called the Surety), are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent of Total Amount of Bid - - - - - - - - - - - - - - - - - ($ 100/, of total amount of bid------ ) Dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, fuinly by these presents. SEALED WITH OUR SEALS this 30 day of November , 2004 WHEREAS, said Principal is submitting herewith a bid, or proposal, for Lift Station `D' Project at Intersection of Warner Avenue and Los Patos Avenue Cash Contract No. 1182 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall be awarded the contract which said Principal has proposed to undertake, briefly described above, and shall, within the time allowed after notice of such award, enter into contract pursuant to such award and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise it shall be and remain in fiill force and effect. PROVIDED HOWEVER, that this Bond is issued subject to the following condition: The Surety shall in no event be liable for a greater amount hereunder than the difference between the amount of the Principal's bid or proposal, and the lowest amount in excess of said bid, or proposal, for which said Obligee may be able to award said contract within a reasonable time. ewit P ci c Co. (Sea)) Ken E. Riley (Seal) Vice President (Seal) Travelers Casualty and Surety Company of America B 3 t fer L. Mil r Attorney -in -Fact S-2328-1 (2-95) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA KI EW IT PACIFIC; (;0. TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Philip G. Dehn, Terry K. Bartel, Jennifer L. Miller, Janet R. Nielsen, Christopher W. Buresh, Tammy Pike, of Omaha, Nebraska, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as frilly and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)- in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to.sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED. That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -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 in the future with respect to any bond or undertaking to which it is attached. (11-00 standard) KIEWIT PACIFIC CO. Tr��rs IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered- losses caused by certain acts of international terrorism. We are providing you With this notice to inform you of the key features of the .Act, and to let you know what effect, if any, the Act will have on your premium' Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will. pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of cowered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal _ .. Government or an insurer can be responsible at $100,000,000,000.00, provided that the: insurer has met its deductible. Please note that passage of the Act does not result in any change' in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has- - been made for the terrorism coverage required by the Act.. The premium,chargethat. is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. - ILT-1018 (2103) KIEWIT PACIFIC M CALIFORNIA ALLr•VURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On January 25, 20135 before me, Dianna Vergara, Notary Public Date Name and TAIe of Officer (e.g., "Jane Doe, Notary Pubic") personally appeared Ken E. Riley Name(s) of Signer(s) n personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Atref subscribed to the within instrument and acknowledged to me that heW/04� executed the same in his/hO fir authorized capacity(les), and that by his/I19(r/ OV/signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) olANNA VERGARA I acted, executed the instrument. Commission # I M559 z Z Rotary Public - California � WITNE my hanZatal seal. LosAngeles County / !Wy(.arrrn- Expires Dec 22, 2005 — SianatuW'd-Rftw Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on ffie-ocument and could prevent fraudulent removal and reattachment of this form to another document - Description of Attached Document Title or Type of Document: Proposal Bond Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ken E. Rile ❑ Individual ® Corporate Officer Title(s): Vice President ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other; I Top of thumb here Signer Is Representing: Kiewit Pacific Co. Signer's Name: El El Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1996 National Notary Association • 9238 Rernmet Ave., P.O. Box 7184 • Canoga Park, GA 91309-7164 Prod. No. 5907 reorder Call Toll -Free 1-890-676-6627 KIEWIT PACIFIC CO. A Kiewit Company P.O. BOX 2297 SANTA FE SPRINGS, CA 90670 "SEALED BID" for the LIFT STATION D PROJECT in the CITY OF HUNTINGTON BEACH 0 NOT OPEN WITH REGULAR MAIL T're 254 J'11�11 ZU05 City of Huntington Beach City Clerk Second Floor City Hall 2000 Main Street Huntington Beach, CA KIEWIT PACIFIC CO. SECTION C PROPOSAL for the LIFT STATION D PROJECT at INTERSECTION OF WARNER AVENUE AND LOS PATOS AVENUE CASH CONTRACT No.1182 in the CITY OF HUNTINGTON BEACH TO THE HONORA13LE MAYOR AND MEMBERS OF TBE COUNCIL OF HDNTLNGT'f N 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. 270 working days, starting, from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with Agency at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to Agency of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based -upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the Agency will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall Govern over figures. City of Huntington Beach — Lift Station D G1 October 2004 11 KtF'`�T',",c",rIC CO. 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 1 -. +orking 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. Bidder's Accompanying this proposal of bid, find Bond in the amount of $102 of bid 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. hate Received idder's Sipmature 1 11/08/04 " 2 11/19/04 3 11/30/04 4 12/10/04 V2.21 sl�2 5 01/03/05 b 01/07/05 7 C1/20/05 City of Huntington Beach — Lift Station D C-2 October 2004 I-,R.C'rreC CO. Sheet I LIST OF SUBCONTRACTORS L, ia. ;ordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. 2 Portion qf Work Name and Address of Subcontractor State license Number Class sim V*6Af* 15 hpLP -4 Z jr�f1 4 Caff 14 fA(0W 6 94mo It-JC- 54"( L WCA, Iwo15 iii Y Ly , arc sync�cr��s, cipllok/iwl 01 II q 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 famished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. J City of Huntington Beach -- Lift Station D C-3 October 2004 ,f s }1 ,117 r'^,CIFIC Co. Sheet 2 LIST OF SUBCONTRACTORS Ire at�ordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Pordon 1Vame and Address of Subcontractor State Liceme I Class of Work I Number 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 famished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. City of Huntington Beach — Lift Station D C-3 October 2004 kCIEWIT PACIFIC CO. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBNJ[ITTED WITH BID State of California Ss, County Of (Na'o Los Angeles Ken E. Riley , being first duly sworn, deposes and says that he or she is Vice President Of Kiewit Pacific Co. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or share; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract .of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Kiewit Pacific Co. Name f Bi Signature of Bidder 10704 Shoemaker Ave. Santa Fe Springs, CA 90570 Address of Bidder Subscribed and sworn to before me this 25th day of January 20 05 MANNA VERGARA EM Commission 01333559 Notary Public- Calftmin Los Angekm County NOTARY PUBLIC QWW Mye«nm.EW=Dw22,2MMM NOTARY SEAL City of Huntington Beach -- Lift Station D C-4 October 2004 K1,-_%`1,?iT PACIFIC CO. U l MITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITE' OF HUNI'INGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract; known as the Lift Station D Project, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements, The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Kiewit Pacific Co. Co a or By Ken E. Riley Vice President Tine Date: January 25, 2005 City of Huntington Beach -- Lift Station D C-5 October 2004 ItrCIFIV CO. 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. City of Huntington Beach — Lift Station D C-b October 2004 KII, V11T PACIFIC CO. COMPENSATION INSURANCE CERTIFICATE Nsuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured. against Iiability 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. Kiewit Pacific Co. Con a or By Ken E. Riley Vice President Title Date: January 25, 2005 City of Huntington Beach —Lift Station D C-7 October 2004 K#LL.4iT PACIFIC CO. THIS PAGE INTENTIONALLY LEFT BLANK DUE To INSTRUCTIONS. UNDERGROUND SERVICE ALERT IDENTIFICATION N TMMER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the Agency. Section 4216/4217 of the Government Code requires a Di- Alert Identification Number be issued before a ]Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This fonn is required for every Dig Alert Idelz4 cation Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the Agency upon request. City of Huntington Beach — Lift Station D C-S October 2004 T U..C31F1C CO. BIDDER'S INFORMATION EIMER certifies that the following information is true and correct; Kiewit Pacific Co. Bidder Name 10704 Shoemaker Ave. Business Address Santa Fe Springs, CA 90670 City, . State Zip ( 562 ) 946-1816 Telephone Number 433176 - Class 'A' State Contractor's License No. and Class May 18, 1982 Original Date Issued 01/31/05 Expiration Date The work site Was inspected by David Linderman of our office on January 10 , 2005 The following are persons, firms, and corporations having a principal interest irl this proposal: Kiewit Pacific Co. Officers: Rrairp E. Grew -cock - President Ken E. Riley - Vice President Michael F. Norton - Secretary Garx Wiebelhaus - Assistant Secretary Michael J. Whetstine - Treasurer City of Huntington Beach -Lift Station D C-9 October 2004 KIEVYFIT PACIFIC CO. The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accnrdance with the plans and specifications set forth. Kiewit Pargific Company Signature onidder Ken E. Riley Printed or Typed Signature DWNHA Subscribed and sworn to before me this 25t1day of January a 2005 VERGARA mtn. Caissinn # iARA z Notary Public - California Loa Angeles County ;'I / _/ /I : - CO-rrrrtFires Dec 22, Z 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: �. Lee Lake Water District 22646 Temescal Canyon Rd., Corona, CA 92883 Name and Address of Public Agency Name and Telephone No, of Project Manager: John Pastore - (909) 277-1414 $6,000,000 Wastewater Treatment Plant Expansion 11/04 Contract Amount Type of Work Date Completed 2, Orange, County Water District 10500 Ellis Ave., Fountain Valley, CA Name and Address of Public Agency - Name and Telephone No. of Project Manager: Mitre Markus - (714) 378-3305 $17,373,800 Microfiltration Facility 06/04 Contract Amount Type of Work Date Completed 3. San Diego Co. Water Authority 4677 Overland Ave., San Diego, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Kathy Schuler - (858) 522-6843 $21,276,871 Construct New Pump Station 12/03 Contract Amount Type of Work Date Completed City of Huntington Beach --Lift Station D C-10 October 2004 KI-ElVi'IT F;;CIFlC CO. BIDDER'S CERTIFICATION* WOUSING AND URBAN DEVELOPNMNT ACT OF 1968 AS ANDAENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or x* Fill hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Kiewit Pacific Co. Contact Person: Ken E. Rile Contact Phone: ( 62 -1816 Signed: Date: January 25, 2005 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previou� s non-compliance with Section 3 could result in disqualification. *We believe that these requirements only apply if HUD funded. our labor agreements require us -to hire employees who are current union members. We will be hiring no employees who are not currently in the union. C-11 KlBrV1T PACIFIC CO. BID SCHEDULE FOR SEWER LIFT STATION IMPROVEMENTS - LIFT STATION "D" Item Description Quantity &. Unit Price Extended Price No. Unit 1. Lift Station "D" Mobilization and demobilization: shall consist of preparatory work and 1 LS $ $ operations, including, but not limited to; potholing of utilities as indicated on the Drawings or as marked in the field; for the movement of perwri el, equipment, supplies, and incidentals to the Project sites; for the establishment and closing of all offices, buildings, and other facilities necessary for work on the Project, preparation of contract schedule, shop drawings, and other 500, o 00— 0,9 p D p submittals; for surveying (except as provided by Agency); for acquiring permits and payment of associated fees, for all other work and operations which must be performed or costs incurred prior to beginning and after completing work an the various Contract items on the Project site; and all work required for or incidental to the satisfactory completion of the Items for which separate payment is not provided under other items in the Bid Form. 2. Lift Station "D" shoring: shall include all labor, materials, and equipment necessary for I LS $ $ temporary shoring, and internal bracing or equivalent methods. Planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary shoring and bracing, as required, complete as necessary for the Work or as required under the provisions of any permits, and in accordance with the requirements of OSHA. Payment for temporary, �� t% 00� s00 0 00 shoring, and bracing or equivalent shall constitute full compensation for completion of all l J trench and excavation shoring and bracing and lift station piles, shoring, and bracing as required to complete the Lift Station "D" project, including shoring far yard piping and all work required for or incidental to the satisfactory completion of the items for which separate payment is not provided under other items in the Bid Form. 3. General Lift Station "D" construction: shall include all labor, tools and equipment to construct the sewage lift station and appurtenances complete in place, consisting of but not limited to the following activities / items while coordinating work with others: 3.1 General Conditions 3.1.1 Bonds, insurance and Permits, etc. 1 LS $ 65-000 — $ S` 000 ..� 3.1.2 Environmental Mitigation and Monitoring 1 LS $ 4, 0040 "'"' $ City of Huntington Beach Addendurn #7 CC#1182 Lift Station hnprovetnents For Station D 1/13/2005 KIEDVVIT PACIFIC CO. Item Description Quantity & Unit Price Extended Price Na. Unit 3.1.3 Site Dewatering and Drainage, Treatment and Disposal (non- l LS $ -2,5'0) 0-00 _ $ 9Z U hazardous/contaminated) 3.1.3.1 Contaminated Groundwater Treatment and Disposal 20,000 Gal $ $ 2 7j ovo 3.1.4 Site Hazardous Waste (Soils)Treatment and Disposal 200 CY $ -7 .� 1 $ 1 Q 0 I � 3.1.5 Compliance with both NPDLS MS5 and De-minimus permit requirements including 1 LS $ $ preparation of and filing of applicable formsfpians (NOI, SWPPP, NOT), r l� y ��®t - ®tQ Implementation and Maintenance of BMPs, Inspections, Notifications, Monitoring, Sampling and testing. 3.1.6 Geotechnical Instrumentation and Monitoring Inclusive, but not liimited to twenty I LS $ $ (20) surface monitoring points, eight (8) near surface settlement points, as well as — monitoring during construction of two (2) inclinometers and two (2) observation 30, 00 d 3 0,� 0 00 wells;, and all other monitoring, equipment, labor and appurtenances associated with Specification 300-5 (modified). 3.2 Sitework 3.2.I 3' Sidewalk I LS $ '5 a00 3.2.2 Curb and Gutter I LS $ 9,000 ' $ �� 00 0 3.2.3 Base -- CIass II for Asphalt I LS $ 2 0 o 0 G $ Z. 0 D a0 3.2.4 Paving Asphalt 1 LS $ �j S SOD 3.2.5 Guardian Style Fence and Gate I LS $ OQ0 $ ` OQ 3.2.6 CMU Retaining Wall I LS $1 QDO $ J �- 3.2.7 Landscaping Improvements I LS $25,000 $25,000 3.3 Lift Station 3.3.1 Excavation for Station including Protection (in Place) of all utilities adjacent to I LS $ / 0 0 00 --- $ % s(� j O 00 excavation. 3.3.2 Backfill and Densification for Station I LS $ /0Q $ Q0 3.3.3 Station and Site Concrete (including forms & reinforcement) I LS ?9 000 3.3.4 Pumps, Pump Motors, Mechanical Seals & Triplex Controller I LS $7 000 - $ . % t j City of Huntington Beach Addendum #7 CC#I 182 Lift Station Improvements For Station D 1/13/2005 KI E� WA - F.4"O FI C CO. Item Description No. Quantity & Unit Unit Price Extended Price 3.3.5 On -site Sewage Piping, (Station & Bypass) including all Pipe Fittings and Valves 1 LS $ $ r` 3.3.6 Duplex Sump Pump System I LS $ $ 3.33 Ventilation System (Fans, Ductwork, Controls, etc.) 1 LS $ / 0 000 $ l I 0 0 0 3.3.8 Misc. Metals (Stairs, Grates, Railings, Pipe Hangers & Supports etc.) 1 LS $ 12 0 000 $ / 2.0 001a 3.3.9 3.3.10 Misc. Plumbing including all non -sewage piping and appurtenances 24" Ductile Iron Sewer Piping and Fitt' for Gravi Main connection 1 LS 1 LS $ 5. 000 s $ L3 D00 $ � d 0 � $ SO DOD r 33.1 I One -Ton Hoist, Trolley and Transfer Cart 1 LS $ r $ 3.3.12 Manhole Frame and Covers 1 LS $ /. 000 $ �'69)toqiq 3.3.13 3.3.14 3.3.15 Roof Hatches Magnetic Flowm.eter with Local and Remote Indication 2" Potable Water Service with 1 Y" Meter and Baekflow Preventer 1 LS 1 LS 1 LS $ y $ r $ -30— $ $ $ -3p0 3.3.16 3.3.17 Painting and Coatings Cleanup and Testing 1 LS I LS $ / / 0 0 0 D $� 00 s' $ 1�o 000 $ 3•4 Electrical Work 3.4.1 480 Volt Service Conduits and Slab Box 1 LS $ yO�Qt�O y $�� ©o O 3.4.2 3.4.3 400 Amp Switchboard MCC and Gen. Connector Permanent 250kW NG Generator with Auto Transfer Switch I LS 1 LS $ $ ' 2,00 0O0 $ 70 00 0 $ /,Z of p 0 Q 3.4.4 Exterior Station Light Fixtures 1 LS $ 0 —r $ ® V r 3.4.5 Interior Station Light Fixtures 1 LS '3S-nQo o i-4.6 Power Outlets I LS $ 3.4.7 Remote Terminal Unit (RTU) including computer operated "a astern 1 LS $ 3.4.8 Field Devices including but not limited to Level Sensors, Lock -out -Stop switches, HelpSummon contact, Flood Detect contact, Float switches, etc. I LS $ S OOD J $ p �}� 3A.9 Instrumentation — Installation and Testing 1 LS $ '5'_ �� ()gyp -- 3.4.10 Conduit and Wiring I LS $ Q 00 $ 0 UO City of Huntington Beach Addendum #7 CC#1182 Lift Station Improvements For Station D 1/13/2005 Y IC Co. Item Description Quantity & Unit Price Extended Price No. Unit 4. Lift Station "D" l+orcetmain construction: shall include cutting existing pavement; relocation I LS $ $ of existing utilities if required; protection of existing oil and gas lines in place; dewatering and drainage; installation of the pipeline; disposal of excess removed materials and drilling fiends; costs incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways, traffic loops, monuments, striping ©QQ / 0 DO and any other surface restoration required by the drawings; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. 5. Lift Station "D" Traffic Control: shall include implementing traffic control procedures as 1 LS $ $ required by the contract documents during the construction of Lift Station "D", the 14-inch Forcentain and demolition of the Old Lift Station "D" as well as all associated utility relocations including the water and gas main relocations. Payment shall be at the percentage lump sum of completed work and shall include all temporary striping, restriping, barricades, �p� ,,goO signs, cones, flagpersons, generators, trucks, permits and all else incidental thereto for which separate pgment is not provided under other items on the Bid Form. d. Water Main Relocation: shall include cutting existing pavement; relocation of existing I LS $ $ utilities; dewatering and drainage; installation and use of the temporary pipeline in order to maintain continuous water service; protection in place of the existing oil and gas lines; installation of the permanent pipeline; disposal of excess removed materials; costs incurred for use of public water supply; restoring all existing physical features to grade, including 1 / �0' coo 9D, dgO pavement, curbs, gutters, sidewalks, driveways and any other surface restoration; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form City of Huntington Beach Addendum #7 CC#1182 Lift Station Improvements For Station D 1/13/2005 KIEWIT PACIFIC CO. Item Description Quantity & Unit Price : Extended Price No. Unit 7. Lift Station "D" Gravity main construction from the Existing Lift Station "D" to the I LS $ $ proposed Lift Station "D",: shall include 353 L.F. of 24" dia. SDR-28 PVC, 36 L.F. of 15" Dia. SDR-26, associated sewer manholes, cutting existing pavement; relocation of existing utilities if required; protection of existing oil and gas lines in place; dewatering and drainage; installation of the pipeline; disposal of excess removed materials and drilling fluids; costs D �0� 000 incurred for use of public water supply; restoring all existing physical features to grade, including pavement, curbs, gutters, sidewalks, driveways, traffic loops, monuments, striping and any other surface restoration required by the drawings; cleaning and testing the pipe and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form, 8_ 1 Demolition of Existing Lift Station "D", located approximately 350 feet west of the new Lift Station "D" Site, and associated force main. 8.1 Work at Existing Lift Station "D" located on the south side of Warner Avenue, approximately 350 feet west of the new Lift Station "D" Site. 8.1 Demolition of Interior and Exterior Piping, Ductwork, Conduit, Wiring and I LS 'Vi? Equipment a 00 7 U Abandonment of Existing Station "D" - Filling with Lean Mix Concrete I LS / 0 0 •r / D�8 �- 8.3 Abandonment of existing sewer force main, and manholes between Existing Lift 1 LS 7- D t�r7p Station "D" and OCSD Trunk Main Manhole in Los Patos Ave. as indicated / LS shall mean Lump Sum CY shall meau Cubic Yard Gal shall mean Gallons Total Bid in Words `r V r /i/-r-,VZ 7ff-ZW—lam ye7 7� 5 'V D/� r . U�fi /Z� />D L kS TOTAL BID $ 5, g 3 Ty- 10 0 City of Huntington Beach Addendum #7 Lift Station Improvei-rents For Station D CC#1182 1/13/2005 KIEWIT PACIFIC CO. Add Alternate #1 The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate Item identified/listed below. The City shall award the contract on the basis of the project Base Bid alone. Item Description Quantity & Unit Price Extended No. Unit Price Alt #1 Demolition of Existing Lift Stations "B",& "C"and associated gravity and force trains Alt# 1.1 Work at Existing Lift Station "B" located on the east side of Pacific Coast Highway, approximately 600 feet north of the intersection of Warner Ave and Pacific Coast Highway. Alt# 1.1.1 Demolition of Interior and Exterior Piping, Ductwork, Conduit, Winn and E ui ment 1 LS .5 0J 000 ' 6-01 000 Alt# 1.1.2 Abandonment of Existing Station "B" - Filling with Lean Misr Concrete I LS de o 000 — / 0" 0 OD — Alt# Abandonment of existing sewer force I LS 1.1.3 main, gravity main, and manholes between Existing Lift Stations "B" and "C", as I f7� 000 ` I Uri indicated Alt# 1.2 Work at Existing Lift Station "C" located on the south side of Warner Avenue, approximately 2,100 feet west of the new Lift Station "D" Site. Alt# 1.2.1 Demolition of Interior and Exterior Piping, Ductwork, Conduit, Wiring and Equipment 1 LS 50 two Alt# 1.2.2 Abandonment of Existing Station "C" - Fillip with Lean Mix Concrete 1 LS Of}0 �!? ODO Alt# Abandonment of existing sewer force I LS 1.2.3 main, gravity main, and manholes between Existing Lift Stations "C" and "D", as .001 000 indicated LS shall mean Lump Sum LF shalt mean Lineal Feet EA shall mean Each Total Add Alternate Bid in Words �� /1�� y`%U5✓f� TOTAL Add Alternate Bid in Figure S 000 Ate) 2- of /Ov 1182 Addendum 7 Body