HomeMy WebLinkAboutJ. & B. KOVAC ENGINEERING - 1993-10-04,0 1` ."��-,•,-G
CITY OF HUNTINGTON BEACH
•� INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES
Accounting & Records
Subject 10% RETENTION PAYMENT Date
tVkS C - 3 ( 1
i3
e_ 2--1-�
The conformed copy of the Notice of Completion for the above contract has been filed. The
thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the 10% retention payment is recommended so long as no stop notices or
outstanding invoices are on file with the City.
I certify that no stop notices are on file on
Date: 4 " %" 4
AN T. VI LELLA
Director of Finance
h subject cont ct at this time.
LOUIS F. 'ANDOVAL
Public Wo cs Director
I certify that no stop notices are on file on the subject contract and that a guaranty bond
has been filed.
Date: �c r� : ' l�•th
CONNIE 13ROCKWAY
City Clerk
I certify that there are no outstanding invoices on file.
Date:
D014ALD WATSON
City Treasurer
0574J.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
March 9, 1994
Lee A. Branch, Recorder
County of Orange
P.O. Box 238
Santa Ana, CA 92702
CALIFORNIA 92648
Enclosed please find a Certificate of Completion to be recorded and returned to the Office
of the City Clerk, City of Huntington Beach, 2000 Main Street, Huntington Beach,
California 92648.
Enclosed also is a copy to be returned as a conformed copy - document number,
recording date, page and number.
Connie Brockway
City Clerk
CB:cc
Enclosures (3 & B Kovac Eng. MSC-361)
(Telephone: 714536 5227)
WHEN RECORDED MAIL
C:.ity-if Huntington
Office of the City
P. 0. Box 190
Huntington Beach,
TO:
Beach
C1 erk
CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the
City of Huntington Beach, California to J & B Kovac Engineering, 9272 Cloudhaven Drive,
Huntington Beach. CA 92646 who was the company thereon for doing the following work
to -wit: South Shores Enhancement Area, MSC-361.
Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648
Site: 39 Acres East and West of Bushard, North of Yorktown Avenue Nature of Interest:
Easement
That said work was completed by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of Huntington Beach and that said
work was accepted by the City Council of the City of Huntington Beach at a regular
meeting thereof held on Monday, March 7, 1994. That upon said contract the Insurance
Company of the West was surety for the bond given by the said company as required by
law.
Dated at Huntington Beach, California, this 9th day of March, 1994.
Connie Brockway
City Clerk and ex--officio Clerk
of the City Council of the City
of Huntington Beach, California
By. `
Deputy City Clerk
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach)
I, Connie Brockway, the duly elected and qualified City Clerk and ex-officio Clerk of
the City Council of the City of Huntington Beach, California do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and
that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the
Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this 9th day of March, 1994.
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
free of charge.
Connie Brockwav
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By: 9V�[c��
`('9 (, 00 . 'FO
WHEN RECORDED MAIL
City of Huntington
Office of the City
P. 0. Box 190
Huntington Beach,
TO:
Beach
Clerk
CA 92648
NOTICE OF COMPLETION
C # 94-0202465
22—MAR-1994 03:+08 PM
Recorded in Official Records
of Orange County, California
Lee A. Branch, County Recorder
Page 1 of 1 Fees: F 4.V"
Tax". -11 6.00
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the
City of Huntington Beach, California to J & B Kovac Engineering, 9272 Cloudhaven Drive,
Huntington Beach, CA 92646 who was the company thereon for doing the following work
to -wit: South Shores Enhancement Area, MSC-361.
Owner: City of
Site: 39 Acres
Easement
Huntington Beach, 2000 Main Street, Huntington Beach, California 93648
East and West of Bushard, North of Yorktown Avenue Nature of Interest: R
That said work was completed by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of Huntington Beach and that said n
work was accepted by the City Council of the City of Huntington Beach at a regular
meeting thereof held on Monday, March 7, 1994. That upon said contract the Insurance
Company of the West was surety for the bond given by the said company as required by
law.
Dated at Huntington Beach, California, this 9th day of March, 1994.
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach)
Connie Brockwa
City Clerk and ex-officio Clerk
of the City Council of the City
of Vington Beach, California
By.
Deputy City Clerk
I, Connie Brockway, the duly elected and qualified City Clerk and ex-officio Clerk of
the City Council of the City of Huntington Beach, California do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and
that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the
Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this 9th day of March, 1994.
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
free of charge.
Connie Brockwav
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By. j
WHEN RECORDED MAIL TO:
City of Huntington Beach
Office of the City Clerk
P. 0. Box 190 Q
Huntington Beach, CA 92648 p
O G
10
NOTICE OF COMPLETION
THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON 22-NAR--1994,
DOCUMENTNUMBER94-02LL,04. _ '�
L E�. A e R;;ANC i COUNTY RECORDER
ORANGE COUNTY RECORDER'S OFFICE
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the
City of Huntington Beach, California to J & B Kovac Engineering, 9272 Cloudhaven Drive,
Huntington Beach, CA 92646 who was the company thereon for doing the following work
to -wit: South Shores Enhancement Area, MSC-361.
Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 9364E
Site: 39 Acres East and West of Bushard, North of Yorktown Avenue Nature of Interest:
Easement
That said work was completed by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of Huntington Beach and that said
work was accepted by the City Council of the City of Huntington Beach at a regular
meeting thereof held on Monday, March 7, 1994. That upon said contract the Insurance
Company of the West was surety for the bond given by the said company as required by
law.
Dated at Huntington Beach, California, this 9th day of March, 1994.
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach)
Connie Brockwav
City Clerk and ex-officio Clerk
of the City Council of the City
of Hun ington Beach, California
By. r
Deputy City Clerk
I, Connie Brockway, the duly elected and qualified City Clerk and ex-officio Clerk of
the City Council of the City of Huntington Beach, California do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and
that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the
Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this 9th day of March, 1994.
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
free of charge.
Connie Brockwav
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By:•
REQUEST FOR CITY COUNCIL
UU /! g",
ACTION
Date
March 7, 1994
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator Le
Prepared by: 4r7 ouis F. Sandoval, Director of Public Worksl
Barbara A. Kaiser, Deputy City Administrator/Economic Developm nt
Subject: SOUTH SHORES ENHANCEMENT AREA; MSC-361
APPROVED BY CITY COUNCIL
Consistent with Council Policy? C ] yes [ ] New Policy or Exceptio
3-7
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative
CTIY
STATEMENT OF ISSUE:
J & B Kovac Engineering has completed the reconstruction and improvements of Perch Circle.
RECOMMENDED ACTION:
Accept the project improvements and authorize the City Clerk to file the Notice of Completion.
ANALYSIS:
On October 4, 1993, Council awarded a construction contract to J & B Kovac Engineering for
the reconstruction and sidewalk/curb improvements of Perch Circle. The construction of these
improvements is now complete per the approved plans and specifications; therefore, the
Director of Public Works recommends acceptance of the project and requests that the City
Clerk be authorized to file the Notice of Completion.
.i he final project costs are summarized as follows:
Contract Costs
Construction Contingencies
Supplemental Expenditures
1 TOTAL:
OMMM WXI• • y,
$27,966.00
2,800.00
6,234.00
$37,000.00
(1) Actual field quantities were greater than originally estimated.
irme.14114UP
$29,396.00 (1)
-0-
$29,396.00
_
Sufficient revenues for this improvement project are included in the appropriate 1993/1994
Community Development Block Grant Project Account #E-HM-ED-24-3-90-00.
ALTERNATIVE ACTION:
Deny acceptance of improvements.
None
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
November 16, 1993
J. B. Kovac Engineering
9272 Cloudhaven Drive
Huntington Beach, CA 92646
CALIFORNIA 92648
RE: Construction of Street Improvements in the South Shore
Enhancement Area
, PROJECT MSC-361
Enclosed is a copy of the executed contract with the City of Huntington
Beach, a Declaration of Satisfaction of Claims and a Certificate of
Compliance form. The Declaration of Satisfaction of Claims and the
Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE
PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS.
In addition, the following item must also be on file, with this office
before the City can release any retention funds:
A warranty bond guaranteeing the final amount of work and
materials for one year. If your performance bond does not
include specific wording for a one year ::arranty, then a
rider or separate bond must be submitted.
Should you have any questions or concerns regarding the enclosures or
items that must be on file in this office prior to release of retention
funds, please call Don Noble, Contracts Administrator, 536-5441.
Connie Brockway
City Clerk
CB:bt
Enc: Cash Contract
Declaration of Satisfaction of Claims
Certificate of Compliance
c Tel. pho n e: 714Z-1"227 i
I have received Maintenance Bond
for South Shores Street Rahahii;tom+;cContrast #MSGT36
on behalf of the Treasurer's Office.
Dated
By:�
J & B Kovac Engineering
9272 Cloudhaven Drive
Huntington Beach, CA 92646
i
UR-t�- 4 TUE t t : 34 INS CO OF THE WEST
FAX NO. 714 633 9726
P. 02
rL_j1!%jQvj'
MAINTENANCE BOND
INSURANCE COMPANY OF THE WEST
P. 0. BOX 85663 • SAN DIEGOCALIFORNIA 92t38.5563 APii3C41;D AS TO Fa �
(6191 546.2400 000) 877-1111 GAIL FUT T0:1
CITY ATTOIUM Bond]
KNOW ALL MEN BY THESE PRESENTS: BY �ttorm�
DePUt;� City
That.. ,-J. &-B_KOVAC ENGINEERING. J.V.
126-97-76 -A
as Prinnpal.
a td . INSURANCE COMPANY OF THE WEST a atjpn or ari:Sd under
CALIFORNIA CALIFORNIA
the laws of the State o nd outhori:ed to do a surety business to the State .!
as Surety. ark- held and hrnly bound unto the --CITY OF HUNTINGTON BEACH
in the Sum o! -
TWENTY-NINE THOUSAND THREE HUNDRED NINETY-SIX DOI-LARS qga 01L 9=396.00 —} !aw!vl nc.-..y
— -- -- �..., . - --
of the United states of A neri=. for the paymeru of wh. r surf well and truly to be made, we 6i.-d ou. setyes, cur heirs, exocu;cts_
admi -ist ctors, successors and css!grs. lo!ntly and severally. ^rmly by these presents:
SEALED w!th our seals and dated this TTH DAY OF MARCH 1994
W':i:?4AS, an tie 4TH DAY OF OCTOBEER 1993 ALa aC,,d_J & B Kovac=naineerina. J.V.
as corit:actor, e,te'ea into a "_`r``- !e-- South Shores Street Rehabilitation Contract - MSC-361
far ttescraof Twenty -Seven Thousand Nine Hundred and Sixty -Six Dollars and no Cents--
27,966.00
f s l: and.
WFEREAS, u-:er .!to :e.=s o! -he spe:1=1:o:a [or sc:d w:r[, the sajrL Contractor
a Irons fp�wenty-Seven Thousa
nd Sixty -Six Dollars --
a required to ;:ve
f3 Z /, 96b . UU-- 1, :a praise :he
Contractor
result of faulty material■ or workmanAlup !or a pv!od of caa year Lora and efts: the date of the co=p[et!3 : and cc.eptanes of $a •.
:tc=sly, ur,tt Une year from the date of acceptance
NOW, TI-fEREFORE, if the said Contractor
•fta!1'pr a period of sae yec:::o- and a::er :he dais
of the cor..Qlrtlon end aacaptance of ScaS by as rl C1 ty of _Huntington. Beach _ -
•Splc:e a ty trd all
defstna easing in Said work -he'we: res%thing [roe defectl•e ma:orlals or defective Work=anshits, then I.he aSova oblLg=ton :o be veld;
wher,r:■e to remc:rt in full force and e!fect.
J & V NG[NEERING, J.V.
Branimir Kovac, Joint Venture
NSURA,NCdCOMPANtOV THE WEST
jFjoid,� ��WA
e
a
INSURANCE COMPANY OF THE WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW AL_ MEN BY THESE PRESENTS- That INSURANCE COMPANY OF THE WEST, o Corporation duly
authorized and existing under the laws of the State of California and having its principal
office in the City of San Diego, California, does hereby nominate, constitute and appoint:
C. MICHAEL HENLEY
its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in
its name, place and stead, to execute, seal, acknowledge and aeliver any and all bonds.
undertakings. recognizances or other written obligations in the nature thereaf.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the
authority Of the following Resolution adapted by the Board of Directors of INSURANCE
COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973.
which sflid Resolution has not been amended or rescinded and of which the following is o
true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -
Fact to represent and act for and on behalf of the Company, and either the President or
Secretary, the Board of Directors or Executive Committee may at any time remove such
Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further
RESOLVED: That the Attorney -in -Fact May be given full power to execute for and in the
name of and on behalf of the Company any and all bonds and undertakings as the business of
the Company may require, and any such bonds or undertakings executed by any such Attorney-
in-FoGt shall be as binding upon the Company as if signed by the President and sealed and
attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here-
unto affixed and these presents to be signed by its duly authorized officers this
11rh day of July, 1989.
INSURANCE COMPANY OF THE WEST
��yl��rar
r;,�VQyr�e
n ■
• : �+'P"-�� resident
STATE OF CALIFORNIA
COUNTY OF SAN DIEGD 55:
On this Ilth dayof July, 1989 before the subscriber, a Notary Public of the State
i of California, n and for the County of San Oiego, duly eammiasioned and qualified, comfit
BERNARD M. FELDMAN. President of INSURANCE COMPANY OF THE WEST, to me personally known to
be the individual and officer described in and who executed the preceding instrument, and
he acknowledged the execution of the some, and being by me duly sworn, deposeth and saith,
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature as such officer were duly affixed and subscribed to the
Baia instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City
of Son Die o the day and year first above written.
.vt•r.� '�.�rars44^�
f� J NIS E. THEODORE
�, •Li-••_ 4J�a3r :J9I L `��If Q; SIB � ,
le �n..:--.2, r
=� ,_� v< Kt,w otory Pub is
��11 sAh h
p VT
STATE OF CAtiTFiJFt rE�i 55Y rNkL
COUNTY OF SAN DIEGD •
I, the undersigned, JAMES W. AUSTIN. III, Secretary of INSURANCE COMPANY OF THE WEST. do
hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true
and correct copy, is in full force and effect, and has not boon revoked.
IN WITNESS WHEREOF, I hovo hereunto suhscribed my name as Secretary, and affixed the
Corporate Seal of the Corporation, this f day of (.�La 19 �L(
CD #►ak,
t Oi 1 •,�66yq,rro f 7 j. - - - - --.
O ��-'�ecretnry
ICW CAL 37(REV. 5/07) s `"t•'�'�
I
I have received the Faithful Performance Bond and the Payment Bond on
behalf of the Treasurer's Office for street improvements in the -Soutti
Shores Enhancement Area - MSC-361
Dated: //- //- 93
By:
IU
r '
INSURANCE COMPANY OF THE WEST
I.C. W.PARK l.O.11OX tti0b3
SAN DIEGO. CALIFORNIA 02115
PERFOPJ4WCE HOND
Bond No. 126-97-76
Preru ml: $419. 00
gPPr?O L ; A5 TO FORD `t
GAIT,
CITY
Depuf,. r
.ttO 07
KNOW ALL MEN BY THESE PRESENTS: That we. J & B Kovac Engineering, A Joint Venture
(hereinafter sailed "Principal'! as lttiedpaL area_ _ latsursnce Company - of the west a corporation «Q<srr
teed and e>setittg'ttndet• the laws of thy. State — otllfotnfa
and authorized to transact business In the State of California
(hetelnerfter sailed 'SwetY'). as Surety. are held !uaJT bound unto The City Of Huntington Beach
(hereinafter =Mad 'Obligee"), as Obligee, In the penal sum of Twenty —Seven Thousand, Nine Hundred Sixty -
Six Dollars and no/100•---------
Do1krrs (i 27, 966.00 ). good and lawlol money of the United States of America. f« the payment of which. well and truly to
be mad+, we bind ourselves, our heirs, admintstrators, executors, successors, and assigns. lofAdy and severally: flrm?'t by these presents.
Signed. Sealed and bated this 18th day oI October , 19 93
Whereas, the abeve bounden Principal bus entered into a attain written contract with the above -named Obligee. doled the
4th daya( October ,)2 93for South Shores Street Rehabilitation
Contract #MSC--361
which contract is hereby referred to and made a part hereof as fully and to the same sxlent as if copied of length herein.
NOW, THEREFORE, TU CONDITION OF TRZ ABOVE OBUCATiON lS SUCH. That it the above bounden ➢iincipal shall wail and
truly Item, do and perforat, oach and every, all and slagulat, the matters and things in said contract set focth and specified to be
by the said Priricipal kept, done and performed at the time and in the manner in said contract specified, and shall pay over. fluke
goad and reimburse to the above -named Obligee, all lose and damage which said Obligee stay sustain by reason of failure or default
on the part of said Principal. then this obligation shall be void. otherwise to be and remain in full force and effect., for a period
of one (1) year following acceptance of this project by the City of Huntington Beach.
J S B KOvac Bering, A Joint Venture
Prirtciyal
V BY: elx
URANCE
/ltlorn yIn•Fact
C. Michael Henley,
THE WEST
1CW-CAL122
INSURANCE COMPANY OF THE WEST
MOMS OFFICE: SARI DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly
authorized and existing under the laws of the State of California and having its principal
office in the City of San Diego, California, does hereby nominate, constitute and appoint:
C . MIC HAEL HENLEY
its true and lawful Attarney(s)-in-Fact, with full power and authority hereby conferred in
its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,
undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the
authority of the following Resolution adopted by the Board of Directors of INSURANCE
COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973.
which said Resolution has not been amended or rescinded and of which the following is a
true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -
Fact to represent and act for and on behalf of the Company, and either the President or
Secretary, the Board of Directors or Executive Committee may at any time remove such
Attorneys-in-Foct and revoke the Power of Attorney given hire or her; and be it further
RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the
name of and on behalf of the Company any and all bonds and undertakings as the business of
the Company may require, and any such bonds or undertakings executed by any such Attorney -
in -Fact shall be as binding upon the Company as if signed by the President and sealed and
attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY
unto affixed and these presents to
llth day of July, 1989.
`�erurr�
�5�ser�o f�
N
+4ON L Im
STATE OF CALIFORNIA riino�w��
COUNTY OF SAN DIEGO
OF THE WEST has caused its official seal to be here -
be signed by its duly authorized officers this
INSURANCE COMPANY OF THE WEST
On this llth day of july 1989 before the subscriber. a Notary Public of the State
of California, in and for the County of San Diego, duly commissioned and qualified, came
BERNARD M. FELDMAN. President of INSURANCE COMPANY OF THE WEST, to me personally known to
be the individual and officer described in and who executed the preceding instrument, and
he acknowledged the execution of the some, and being by me duly sworn, deposeth and saith,
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature as such officer were duly affixed and subscribed to the
said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City
of San Diegoi_the day and year first above written.
STATE OF dif ffdR4tiCA
COUNTY OF SAN DIEGO
CF'+',•AL TEAL
1.;R.[$ E. THEODORE
"";Alr '`!LI` r EIF)e'SIA
PP=.N-- PAL OA%tiE 1N
$Am OcGO CCA-NT"
Yf _}-N• .%Sv2 r", ::ne 4 1990
ry euoric
I. the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do
hereby certify that the original POWCR OF ATTORNEY, of which the foregoing is a full, true
and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the
Corporate Seal of the Corporation, this lath day of October 19 93
LO�P4�I
0JQ
Secretary
ICW CAL 37(REV. 5/87) *"�•"�'~ �'
PAYMENT BOND PUBLIC WORKS
Bond No. 126-97-76
Premium included in the Performance
Bond
INSURANCE COMPANY OF THE WEST
"OMF MCC • &M csMo C i . i A iL GRii:,X
KNOW ALL MEN BY THESE PRESENTS: R4 _ ;3 �y City At tc _- �7
That we, J & B Kovac Engineexing, A Joint Venture "Priadpol,
and Lnsurst►ce Company of the Wpt , irworporaw under the lens oI the State of C;lifornfs and
aut.hortted 10 execute bongs and undertakings as sole surety, as Surety, are held and firmly bound unto any and ail persons anted
in California OTO Cod* Section 3181 whose claim has not boon paid by the contractor, coinpany or corporation, in the argtreQats
total of Twenty -Seven Thousand, Nine Hundred Sixty -Six Dollars and no/100-- --
laollars, is 27, 966.00--- ),
for the payment wliereof, well and truly to ba made, said Pnnelpal and Surety bind themselves, their heirs, administrators, sucressots
and assigns, jointly and severally, &inly by these presents.
The Condition of the latnoing obugation is such tbal;- whereas the above bounden Prindyal has eatered Into a contract, dated
October 4, . 18 93. with the City of Huntington Beach
to do the Wowing word, to -wit.
South Shares Street Rehabilitation
: Contract nMSC-36I
Now. Therefore, it the above bounden Principal contractor, poison, cvrnymriY or corporation, or his or its sub-contractar, lal:s to pay
'6n7 claimant named in Section 3101 A the Civil Coda of thu' State of Colifornlo;, or amounts due under the Unemployment Insurance
Code, wilh respect to wok or labor per$wwtd br any such claimant, that, the Surely on this bond will pay the same, in an amouat
not erceedinq the aggregate ,turn specified In this bond. and also. in crew suit is brought upon this bond, a reosonaole atlorney's fee,
which sAell be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit
Thal bond shall inure to tbo benefit of any persort named in Section 3181 of the Civil Code of the Stal. of California so as to give a
righl of action to diem or their assignees In any suit brought upon this bond.
This bond is executed and hied to comply with the provisions of the act of legislature of the State of Colifoento as designated in
Civil Code, Sections 3247.3252 Inclusive, and all amendments thereto.
Signed and Seated this 18th day of October J & B
BY:
INS RAMC
• ors .
ICW-CAL-123
is Lirieering, A Joint Vesituf-6
QIiRCi
P OF THE WEST
.ty
L Henley, lit r+.y.ln-Fact
c
i
INSURANCE COMPANY OF THE WEST
HOME OFFICE: SAN DIEGO. CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a Corporation duly
authorized and existing under the laws of the State of California and having its principal
office in the City of San Diego. California. does hereby nominate, constitute and appoint:
C. MICHAEL HENLEY
its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in
its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds.
undertakings. recognizances or other written obligot Eons in the noture thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the
authority of the following Resolution adopted by the Board of Directors of INSURANCE
COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February. 1973,
which said Resolution has not been amended or rescinded and of which the following is a
true, full. and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -
Fact to represent and act for and on behalf of the Company, and either the President or
Secretary. the Board of Directors or Executive Committee may at any time remove such
Attorneys -in -Foci and revoke the Power of Attorney given him or her; and be it further
RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the
name of and on behalf of the Company any and all bonds and undertakings as the business of
the Company may require, and any such bonds or undertakings executed by any such Attorney-
in-Foct shall be as binding upon the Company as if signed by the President and sealed and
attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here-
unto affixed and these presents to be signed by its duly authorized officers this
llth day of July, 1989.
INSURANCE COMPANY OF THE WEST
�'�UFOIIN�*
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
rest
On this llth day of july, 19B9 before the subscriber. a Notary Public of the State
of California, in and for the County of San Diego, duly commissioned and qualified, came
BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to
be the individual and officer described in and who executed the preceding instrument, and
he acknowledged the execution of the some. and being by me duly sworn, deposeth and saith.
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature as such officer were duly affixed and subscribed to the
said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City
of San Die9ot-the day and year first above written.
STATE OF dAYiftR4f4A
COUNTY OF SAN DIEGO
CF'!C-AL ii AL
.",,NIS E. THEODORE
PR tie PAL SY..LE 11
SA" D -E Go CJL,1990
h r.
Uar1C
I. the undersigned. JAMES W. AUSTIN. III. Secretary of INSURANCE COMPANY OF THE WEST, do
hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full. true
and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the
Corporate Seal of the Corporation. this 18th day of October 19 93
��„0�:4, � VI �i W•
�o
N *J ecretory
ICW CAL 37(REV. 5/87) �'• •' `'�t
C4t,1C,rx ►
.%..P 6 "!? . ,F�ea
DECLARATION OF SATISFACTION OF CLAIMS
I�J&B KOVAC ENGINEERING , 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 MSC-361 - RECONSTRUCTION AND
a n d dated IMPROVEMENT OF PERCH CIRCLE
2. All workers and persons employed, all firms supplying
materials, and all subcontractors for the
above -mentioned project have been paid in full.
3. The following are either disputed claims, or items in
connection with Notices to Withhold, which have been
filed under the provisions of the statutes of the State
of California: (if none, state "NONE")
I declare under penalty of perjury that the foregoing is true
and correct.
Execut d at on this 12) day of
19
(Signature of Contractor)
City of Huntington Beach
Department of Public Works
P.O. Box 190
Huntington Beach, California 92648
Attention:
Subject: Certification of Compliance with
Title VII of the Civil Rights Act
and Equal Employment Opportunity
Act of 1972
Gentlemen:
The undersigned, contractor on
MSC -361 RECONSTRUCTION AND IMPROVEMENT OF PERCH CIRCLE
Project No. Title
hereby certifies that all laborers, mechanics, apprentices, trainees,
watchmen and guards employed by him or by any subcontractor perform-
ing work under the contract on the pro3ect 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 � �
CERTIFICATE OF INSURANCE sHH
PRODUCER
00TH AND SI1PSON INS
[ 0. BOX 8006
tANOGA PARK CA 91309-8006
;.J & B KOVAC ENGINEERING
rOSIP KOVAC CONSTRUCTION
272 CLOUDHAVEN
NTINGTON BEACH, CA 92646
1
00237 -mm DATE (MM/DONy)
CONFERS NO RICK S UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POUCMS BELOW.
COMPANIES AFFORDING COVERAGE
OIWANY
A CONTINENTAL CASUALTY
LETTER
COMPANY
LETTER
8
COMPANY
LETTER
C
COMPANY
LETTER
D
COMPANY
LETTER
E
..
j COWRAGESTHIS
IS TO Ep E E.........
NDICATEDCNo�i1M�T} TANDING POLICIESOF
uETIHT9RLU OR CONOMON GFBANY CONNTRACTOOR bTt4EA OODCUMEENDTAWrrH FtESPECTTPOLICY
EWHrCHE PERIOD
EXCL SIIOONS AND CONDITIONSS OF SUCH PO J%IESCLI INSURANCE
SHOwAFFORDED
AYDF ADVE BEET REpuCEa 6Y P,UD CW AEAg IN IS SUBJECT TO ALL THE TERMS.
I:O
POUCV F"ECrn
POUCY E]PIRAnOM
-TA
TYPE OF INNCE SURA
POLICY MUMMER
TE &A M/M"
DATE (MMlOQ M
uum
'y
GENEPALLLMLM
120958248
1/15/93
1/15/94
GENIERALADc.RECATE
2,000,00
PRODUCTS-OOMPKIP AGG.
11000, 00
IAL GENER4L UABILRY
MS MADE D]oOGUR.
7ER
U
PERSONAL & ADV- PURY
S 11000,00
i
Id
CONTRACTDWrS PROT
EACH OCCURRENCE
S 11000,00
IRE DAMAGE W+Y one ,I,*)
50,00
MED EXP. W,Y one p.non)
--
AUTOMOBILE
UABTUTY
120958251
1 / 15 / 9 3
1 / 15 / 9 4
00mswm SINGLE
ANY AUTO
UMUT
S11000,00
X
BOD4Y INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
IpM per+w9
BODILY HJURY
RED AUTOS
NON -OWNED AUTOS
(PM wcjdbnq
t
GARAGE UTABRM
PROPERTY DAMAGE
EXCESS
UABRJTY
120958279
1/ 15 / 9 3
1/ 15 / 9 4
EACH OCCuRR "rE
AGGREG ATE
5,000,00
UMBRELLA FORM
TNER ThAN UMBRELLA FORM
- - - -
- -
WORKE" COMPEMATIOM
AND
EMPLOYERS* LIAWLM
WC120958265
AYPROV ED AS TO FOR11:i
1/15/93
1/15/94
STATUTORYUMfM
s 11000,00
EACH ACC,OENT
DISEASE-POLCY UMTT
= 11000,00
DISEASE -EACH EMPIAYEE
1 1090,00
OTHER
CITY ALTO
By:�
no,,,,ty rity Attorne
--„v::wL0CATww3A/EHICLES/5PEG4L law
'1-:P?'PTFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED, AS PER FORM CG 2010
11/85) ATTACHED, AS RESPECTS J & B KOVAC ENGINEERING'S RECONSTRUCTION &
IMPROVEMENT OF VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BEACH (MSC-34 )
'ERTIFICA'CE HOLDER CANCfLLATM - -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPYRAT1OH DATE THEREOF, THE ISSUING COMPANY W1LL)<K#FM
CITY OF HUNTINGTON BEACH MAIL �_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
2000 MAIN STREET LEFT•IQXKA(iXAPKX9(419�K;E4N(JfpF1�1�194�Cf'Rf�C919(4(�X�if�1P�X+
HUNTINGTON BCH CA 92648 G1��i�EklqXl�6l4(4197��t�Q9AM(?€R�(4l(yA��}f'�f
AUTHORi MD REPRESEMTATTVE 131UY H PSON
(O C
BY: Gail A. Romer 1 �+
ACORD 25S (7/90)
CORPORA
NAMED INSURED: J & B KOVAC ENGINEERING
pOLICy NU&v3EM 120958248
COMMERCIAL GENERAL Lt ABIL[ Y
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
n,t.OMM..ir pov under fie foillowbW
COMMERCIAL GENERAL LtABIE1TY COVERAGE PART.
SCMMULE
Name ofPen=orOrganlatlox CITY OF HUNTINGTON BEACH, ITS OFFICERS,
AGENTS & EMPLOYEES
(If no entry appears above. information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule. but only with respect to liability arising out of "your work" for that insured by or for you.
CG 20 10 1185 Copyright. Insurance Services Office. Inc_. 1984 0
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND J & B KOVAC ENGINEERING
FOR STREET IMPROVEMENTS IN THE SOUTH SHORES
ENHANCEMENT AREA (MSC-361)
THIS AGREEMENT is made and entered into on this 1 6th day of
I•Ioveniber , 1993, by and between the CITY OF HUNTINGTON BEACH, a
Municipal Corporation of the State of California, hereinafter referred to as "CITY," and J & B
KOVAC ENGINEERING, a joint venture hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as
"PROJECT," more fully described as street improvements in the South Shores enhancement
area in the City of Huntington Beach, California, and
CONTRACTOR has been selected and is to perform said work;
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows -
CONTRACTOR shall furnish, at its own expense, all labor, plant, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of
the nature of the project, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connected with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
shown and described in this Agreement, and in accordance with the requirements of CITY
under them for the compensation set forth in the accepted bid proposal_
However, the total compensation to be paid is to be computed on the basis of
the units of work as it is actually performed, in accordance with the stipulated prices named in
the Bid Sheet(s).
2_ ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all of the terms,
conditions and obligations of this Agreement and the Contract Documents (as hereinafter
defined), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its investigation of all such
matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement_
"Contract Documents" as defined herein mean and include -
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C_ The 1991 edition of Standard Specificationsfor Public
construction, published by Builders News, Inc-, 3055 Overland Avenue, Los Angeles, California
90034, and all amendments thereto, written and promulgated by the Southern California
Chapter of the American public Works Association and the Southern California District
Associated General Contractors of the California Joint Cooperative Committee;
D_ Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
2
Slag reelkovaG09/29193
E. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the
plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of public Works of CITY (hereinafter referred to as "DPW'), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk
and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the contract documents, a sum not to exceed
Twenty Seven Thousand Nine Hundred Sixty -Six Dollars ($27,966) as set forth in the Contract
Documents, to be paid as provided for by the terms and conditions of this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion
within ten (10) working days from the execution of this Agreement by CITY, excluding delays
provided for herein.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the contract Documents_
CONTRACTOR shall prepare and obtain approval as required by the contract
Documents for all shop drawings, details and samples, and do all other things necessary and
3
61agreelkovad0929M
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the contract documents.
CONTRACTOR shall coordinate its work with the work of all other contractors,
subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the
efficient completion of the PROJECT and in accordance with the terms and conditions of this
Agreement. CITY shall have complete control of the premises on which the work is to be
performed and shall have the right to decide the time and order in which the various portions of
the work shall be performed and the priority of the work of other contractors, subcontractors
and CITY forces and, in general, all matters conceming the timely and orderly conduct of the
work on CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the contract documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been
agreed upon in writing by the DPW_
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR, thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
4
61agreelkovad09/29193
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work site will be available on the date the Notice to
Proceed is issued. In the event of a delay in commencement of the work due to unavailability of
the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension
equal to the delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful
performance of the work; one in the amount of one hundred percent (100%) of the contract
price to warrant such performance for a period of one (1) year after CITY's acceptance thereof;
and one in the amount of one hundred percent (100%) of the contract price to guarantee
payment of all claims for labor and materials furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in
the work, shall have the option to make appropriate repairs or replace the defective item or
items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or
replacement at CONTRACTOR'S nsk and expense.
10 CALIFORNIA FAIR EMPLOYMENt AND HOUSING ACT
CONTRACTOR agrees to comply with all requirements and utilize fair
employment practices in accordance with the California Governmentsections 12900 et
seq.
5
61ag reehcovac/09129193
11. CALIFQRNIA PREVAILING WAGE LAW.
The CITY has ascertained from the Director of Industrial Relations of the State of
California the general prevailing rate of per diem wages and the general prevailing rate for legal
holiday and overtime work in the locality in which the work is to be performed for each craft or
type of work needed to execute this Agreement, and the same has been set forth by resolution
on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it
shall pay not less than said prevailing wage rates to all workers employed on this public Works
Agreement, as required by California Labor Code Sections 1771 and 1774_ In accordance with
the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure
payment of compensation to every employee
12. C61JFORNIA_PREVAILING WAGE LAW - PENALTY
Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the
California, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five dollars ($25)
for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any
of its subcontractors) less than the prevailing wage rate established for that particular craft or
type of work
13. CALIFORNIA EIGHT -HOUR LAW
Qalifomia 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 Califomia-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.
6
61ag reelkovacJO9129193
14_ CALIFORNIA EIGHT HOUR LAW- PENALTY
pursuant to this Agreement and in accordance with California Labor Code
Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for
each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar
day during which such worker is required or permitted to work more than eight (8) hours in any
one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California
Labor Code Section 1815
15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
Section 1773 8 of the California Labor Code, regarding the employment of
apprentices, is applicable to this PROJECT.
16. EMPLOYMENT OF APPRENTICES
Section 1777.5 of the California Labor Code, regarding the employment of
apprentices, is applicable to this PROJECT.
17. PAYROLL RECORDS
CONTRACTOR agrees to keep accurate payroll 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 Californo
Labor Code Section 1776, in general.
18 INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times
hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR
shall secure, at its expense, and be responsible for any and all payment of income tax, social
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6/a9reelkovar109/29193
security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and employees, and all business
licenses, if any, in connection with the PROJECT.
19_ LIQUIDATED DAMAGES/DEL,eYS
It is agreed by the parties hereto that in case the total work called for hereunder
is not in all parts and requirements finished or completed within the number of working/calendar
days as set forth herein, damage will be sustained by CITY; and that it is, and would be,
impractical and extremely difficult to ascertain and determine the actual damage which CITY
would sustain in the event of and by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two
Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the
work in excess of the number of working days set forth in section 4 herein, which sum
represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the
foreseeable losses CITY would sustain in the event of and by reasons of such delay; and
CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY
may deduct the amount thereof from any monies due or that may become due to
CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays of subcontractors due to such causes_
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto.
B
6129ree/kovac /D9129193
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished by CITY, or by damage caused by fire or
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented
in writing to CITY within fifteen (15) days of the commencement of such delay.
No claim for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
20. DIFFERING, SITE QONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before such conditions
are disturbed, notify the DPW in writing of:
(a) subsurface or latent physical conditions at the job site differing materially
from those indicated in this Agreement or the contract documents; or
(b) unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as
inherent to work of the character to be performed under this Agreement_ The DPW shall
promptly investigate the conditions and if it finds that such conditions to 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;
57
6/ag reencovacJ09F29/93
(2) Time extension- No claim of the CONTRACTOR under this section shall
be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
21. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
section_ The DPW may, at its sole discretion, when warranted by the fact and circumstances,
order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR
where the actual quantities used in construction of the PROJECT are in variation to the
quantities listed in the bid schedule_ No claim by CONTRACTOR for an equitable adjustment in
price or time for completion shall be allowed if asserted after final payment under this
Agreement_ If the quantity variation is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances and make such adjustment
for extending the completion date as in its judgment the findings warrant.
22PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous payments
since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent
(50%) or more of the value of the work as determined from the bid schedule, and if the DPW
finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid
such sum as will bring the payment of each month up to one hundred percent (100%) of the
value of the work completed since the commencement of the PROJECT, as determined by
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61ag ree/kovatJ09t29f93
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a notice of completion by CITY. Payments shall be
made on demands drawn in the manner required by law, each payment to be accompanied by
a certificate signed by the DPW, affirming that the work for which payment is demanded has
been performed in accordance with the terms of the Agreement and that the amount stated in
the certificate is due under the terms of the Agreement. Partial payments on the contract price
shall not be considered as an acceptance of any part of the work_
23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
24 AFFIDAVITS.OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon p have been paid in full and
that there are no claims outstanding against PROJECT for either labor or material, except
certain times, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California.
25. WAIVER OF CLAIM,?
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
26_ INDEMNIFICATION —DEFENSE. HQLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs
11
61agree/kovad09129193
and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including
those arising from the passive concurrent negligence of CITY, but save and except those which
arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation_
27. WORKERS COMPENSATION -INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
28. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, productsicompleted operations, and blanket contractual liability. Said insurance shall
also include automotive bodily injury and property damage liability insurance. All insurance
shall be underwritten by insurance companies in forms satisfactory to CITY for all operations,
12
6/agree/kova cJ09129193
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers,
agents and employees, and all public agencies as determined by the CITY as Additional
Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and
effect during the life of this Agreement, in a amount of not less than One Million Dollars
($1,000,000) combined single limit coverage if coverage is provided under a form which
includes a designated aggregate limit, such limit shall be no less than One Million Dollars
($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify
CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to
waive its subrogation rights against CITY and agrees to provide certificates evidencing the
same
29. FI F INSURANCE ADDITIONALINSURED
Prior to commencing performance of the work hereunder, CONTRACTOR shall
fumish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required herein; said certificates shall provide the name and
policy number of each carrier and policy, and shall state that the policy is currently in force and
shall promise to provide that such policies will not be canceled or modified without thirty (30)
days prior written notice to CITY_ CONTRACTOR shall maintain the foregoing insurance
coverage in force until the work under this Agreement is fully completed and accepted by CITY
The requirement for carrying the foregoing insurance coverage shall not
derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of
this Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and
timely manner, the premiums on all insurance policies hereunder required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
13
6lagree/kovacIO9129193
30. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision
of this Agreement or the contract documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice to any other
remedy it may have, terminate this Agreement upon the expiration of that time. Upon such
default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY
may make good the deficiency in which the default consists and deduct the resulting costs from
the progress payments then or to become due to CONTRACTOR.
31. DISPOSITION OF PLAN. EEaTIMAJES AND OTHI=R DQCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall
be delivered to CITY and become its sole property at no further cost_
32. NON-ASSIQNAQILIR
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety
33. CITY EMPLQYEESI
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 et
seq_
1a
6lagreelkovaG09l29193
34_ STOP NOTICES;F ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements arising out of the processing of Stop Notices, Notices to
Withhold, or any similar legal document_ Said obligation shall be provided for in the labor and
materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of
One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether
or not CITY is named in an action to enforce such stop notices. CITY may set off any
unreimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
35. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by
such party.
36. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
37. FEDERAL PARTICIPATION
The PROJECT pursuant to which the work covered by this Agreement is being
executed is being assisted by the United States of America. Several contract provisions
embodied herein are included in this Agreement in accordance with the provisions 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_
15
6/agreelkovac/09129193
38. DAVIS-BACON ACT
CONTRACTOR agrees to pay and require all subcontractors to pay all
employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem
wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40
USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement
CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said
provisions are incorporated herein by this reference.
39_ DISCRIMINATION, MIN, RITIES, ALIENS
CONTRACTOR shall not discriminate nor allow its employees, agents,
principals, or subcontractors to discriminate against any employee or applicant for employment
on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take
affirmative steps to hire local qualified minority individuals when job opportunities occur and
utilize local business firms when possible_
40 EQUAL EMPLOYMENT OPPQRTUNITY
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 QE6 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
16
61agreelkova d09129/93
after their discharge and (2) qualified disabled veterans throughout their working life if they have
a thirty percent (30%) or more disability.
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
41. COPELAND "ANTI -KICKBACK" ACT
CONTRACTOR and its subcontractors shall comply with the provisions of the
Copeland "Anit-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.
42. CONTRACT WORK HOURS AND SAFETY STANU61RDS 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 1-112 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.
17
6lagreelkovac109129193
(a) CONTRACTOR stipulates that all facilities to be utilized in the
performance of this Agreement were not listed, on the date of contract award, on the United
States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 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 DPA 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.
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. ).
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.
18
6/ag reelkovac/09/29/93
46. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY and CITY shall not be liable for payment of any legal service expenses incurred by
CONTRACTOR.
47. ENTIRETY
The foregoing represents the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers, the day, month and year first above written.
J & B KOVAC ENGINEERING
BY: _r
Branim r Kovac,
Principa�
ATT T: �
City Clerk
i
19
CITY OF HUNTINGTON BEACH,
a municipal corporation
of the State of California
Mayor
APPROVED AS TO FORM:
City Attorne ) GS�K�
f:26 -f3
INITI T D AND AP ' D
Director of Pubic Wor s
6/agree/kovac/09/29/93
,r
REQUEST FOR CITY COUNCIL ACTION
October 4, 1993
Date
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrat
Prepared by:_DK. Louis F. Sandoval, Director of Public Works
Barbara A. Kaiser, Deputy City Administrator/Economic Develop eA _
Subject: SOUTH SHORES ENHANCEMENT AREA: MSC-361 (PHASE 1)
APPROVED BY CITY COUNCILI
Consistent with Council Policy? [ A Yes [ ] New Policy or Exception - 10 ` E .— 19.V
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative
STATEMENT OF ISSUE:
On September 7, 1993, the City Council authorized a call for bids for the Soutb Shores
Enhancement Area (Phase I).
RECOMMENDED ACTION:
1. Accept the low bid and award a contract to JB Kovac Engineering for South Shores
Enhancement Area; MSC-361 (Phase 1); and
2. Authorize the Director of Public Works to expend a total of $37,000, which includes the
contract cost of $27,966, estimated construction Change Orders of $2,800, and
anticipated supplemental expenditures of $6,234 for the South Shores Enhancement Area
(Phase 1); MSC-361.
ANALYSIS:
The South Shore Enhancement Area is an approximate 39 acre section of Huntington Beach,
located east and west of Bushard Street and north of Yorktown Avenue (see the attached
Vicinity Map). City forces will furnish and install replacement trees with the $6,234 in
supplemental expenditures.
Phase I of this project consists of one cul-de-sac, Perch Circle.
The engineer's estimate of the construction costs, including 10% contingency, is $40,0 �
� x
Bids were received on September 21, 1993, and are listed below in dollar amount:
Contractor Bid Did Am = = =°`"
5 ,Tt
JB Kovac Engineering $27,966.00
Nobest Contraction 28,043.00 =�
Sully Miller Contracting 31,213.00
Damon Construction 33,918.25
Camino Viejo Paving 33,992.00
Excel Paving Company 37,545.70
PI O 5/85
i
ACA: South Shore Enhancement
October 4, 1993
Page two
ENVIRONMENTAL -STATUS
This project is categorically exempt.
EUNDINQ SOURCE:
Contract Amount $27,966
*Project Change Orders 2,800
**Project Supplementals 6.234
TOTAL $37,000
* Standard 10% administrative Change Order limit (not to exceed $50,000) per City
Council Resolution Number 4896. Examples of possible Change Orders include changes
in field conditions, unavailable materials, errors in the Plans, and changed City
requirements.
** Examples of Supplementals include soil testing, City Services (tree planting).
South Shores Enhancement Area - Street Improvement Capital Program Funds as approved in
FY 93-94 budget using Federal Community Development Block Grant Funds.
ALTERNATIVE ACTIQN:
Reject low bid or all bids and do not proceed with the construction.
ATTACHMENTS:
Project Location Map
MTU:LFS:ERC:gd
3474g/6&7
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S I
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O� N
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PROJECT:
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BOLSA AVE
Nc FADDEN
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VICINITY MAP
I have received Bid Banda frnm ramine 1)3mon_ ap_g *metio , EXCLI f,yiUg
J & B Kovac, Nobest, and Sully -Miller
for MSC - 361, South Shnrps Rtreet Rivabl-7 i;atfee
on behalf of the Treasurer's Office.
s
INSURANCE COMPANY OF THE WEST
P. O. BOX 85563 -SAN DIEGO, CALIFORNIA 92138.5563
BID OR PROPOSAL BOND
KNOWALL MEN BY THESE PRESENTS:
That we, J & B Novac Engineering, A Joint Venture
9272 Cloudhaven Dr.
Huntington Beach, Ca. 92646
(hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under
and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety
upon bonds or undertakings required or authorized by the laws of the State of California
as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the obligee)
in the just and full sum of Ten Percent of Total Amount Bid-- —
Dollars (S 10% j lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents.
THE CONOITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in
and submit to the obligee a bid or proposal dated 9/21/93 for South Shores Street Rehabilitation
Contract #361
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
NOW. THEREFORE, if the bid or proposal of said principal shalt be accepted, and the contract for such work be awarded to the
principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as
required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 14th
Jay of September 11993
J & B Kovac Engineering, A Joint Venture
BY:
E COMPANY OffHE WEST
l C. Michael Henley Att
CW CAL 120
,_ INSURANCE COMPANY OF THE WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly
authorized and existing under the laws of the State of California and having its principal
office in the City of San Diego, California, does hereby nominate, constitute and appoint:
C. MICKAEL HENLEY
its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in
its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,
undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the
authority of the following Resolution adopted by the Board of Directors of INSURANCE
COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973,
which said Resolution has not been amended or rescinded and of which the following is a
true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -
Fact to represent and act for and on behalf of the Company, and either the President or
Secretary, the Board of Directors or Executive Committee may at any time remove such
Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further
RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the
name of and on behalf of the Company any and all bonds and undertakings as the business of
the Company may require. and any such bonds or undertakings executed by any such Attorney -
in -Fact shall be as binding upon the Company as if signed by the President and sealed and
attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here-
unto affixed and these presents to be signed by its duly authorized officers this
llth day of July, 1989.
tLtiArA*r�
a' `'CA�►OR���o`�
7 �
STATE OF CALIFORNIA SS: r'lnatcx•►
COUNTY OF SAN DIEGO
INSURANCE COMPANY OF THE WEST
resident
On this llth day of july, 1989 before the subscriber, a Notary Public of the State
of California, in and for the County of San Diego, duly commissioned and qualified, come
BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to
be the individual and officer described in and who executed the preceding instrument, and
he acknowledged the execution of the some, and being by me duly sworn, deposeth and saith,
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature as such officer were duly affixed and subscribed to the
said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I
of San Diego the day
r�r�".Y1Y,�di
STATE OF G+ALiF4Rd+FTA9
COUNTY OF SAN DIEGO
have hereunto set my hand and affixed my Official Seal, at the City
and year first above written.
Jr„`r''jJC- THEODORE
SAN0 GOC:tivr.
tory Public
I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do
hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true
and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the
Corporate Seal of the Corporation, this 14tt1 day of September 19 93
(AJ. ecretory
ICW CAL 37(REV. 5/87)
,ice.
CBIC
CONTRACTORS BONDING
AND INSURANCE COMPANY
KNOW ALI. NIEN BY THESE PRESENTS.
That we, NOBEST INCORPORATED
BID BOND
California:
23172 Plana Pointe Drnvv
Suite 185
Laguna Hills. CA 92653
(714) 770-9733
(800) 274-CBIC National
(714) 770.9805 FAX
Bond No. W /A
Premium included in Bid Bond Service Undertaking
as Pnncipal, (hereinafter called the "Principal"), and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation
duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"). are held firmly bound unto
CITY OF HUNTINGTON BEACH
as Obligee, (hereinafter called the "Obligee").
in the sum of TEN PERCENT OF THE TOTAL AMt UNT _ OF THE Alt]
nottoexcecd_ FIFTEEN THOUSAND AND NO1100'S Dollars
(g 15,000.00 ), 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
SOUTH SHORES STREET REHABILITATION (PHASE I) MAINTENANCE SERVICE CONTRACT
NO. 361
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
-id sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material in the prosecution
ereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to
e Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the
bligec may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,
herw•ise to remain in full force and effect.
gned and sealed this
16TH day of SEPTEnnE.R A p 19 93
Witness
Witness
4-100til. 8.75 198717
td in conperauun Wrlh the American ]nodule of Arctwccts (AIA) by Conu¢rors
ing and Insurance Company. The language in ttus document conforms exacdy :o r.14
_ 1p used in AIA Druumenr A-310. February 1970 Edition
1140
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By
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(Seal)
Prfr cipa
'Wit le
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Attorney -in- Fact
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CONTRACTORD aONOM ANOINSURANC6 COMPANY
It
43
P-L min
:err so••,- :' �' F
STATEOFCALIFORIAA—COIAIrYOFORANGE r`r.aly�'!Q�• r
On ! 10 4 / 4 3 , bates a.s, rainede z wg., ■ Notary Pn b+c ern wild for TM shire of f.lfe+rs, Coe ey d amps, pwsorray wppsasd RL Th y1 and tter9u. Ter✓, p"o iullo l on to eta to ik
R,t parson whose as"* we edraateo to: W xt%t Lir•i if Power of Attarraq rid sckwwwtidlsd to no k A ttwf wca*rd In same in Thai nfhwired vptaos aid Mal by heir or errs on Ibis
L,ntyd Foss• d Atlornay C61G sesarha the LrnraaQ Paaeat d Atternsy
per MMMM Vaal BMW. I howl, rwevalo sae
The u+designed ocluq eedw we" of 1trpNp6iFW4i11VM
$C OM XV NMMAkCi Wt1PA.4T. tbR lime sheet wnQ boa"
Ptraer elAlo-nty r s efrl h ford and ~. -
GpVM—d..n
CA —�_ fills 1 b - de of
!rm at in heu at cWtilcsta of it* Share I of COWPACTCe19
by ted Cer'ip m end does hereby tame owafy !hal M said
SE P ts^ 93
milmrrly
SEABOARD SURETY COMPANY
37
HOME OFFICE: NEW YORK, N. Y.
PROPOSAL BOND BOND NO. 766046(18605)
PREMIUM: INCLUDED IN BBSU
Xtwty all Arn hg t4tat 11rearnts:
THAT WE, SULLY -MILLER CONTRACTING COMPANY
3000 E. SOUTH STREET
LONG BEACH, CA 90805
as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State
of New York, having its principal place of business in the City of New York, New York, as
surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH
as obligee, in the aum of ten percent (10%) of the total amount of bid in
DOLLARS, lawful money of the United States of America, for the payment of which, well and
truly to be made, we bind ourselves, our beirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 21st day of SEPTEMBER ig 93
WHEREAS, the said principal is herewith submitting its proposal for
SOUTH SHORES STREET REHABILITATION PHASE I MAINTENANCE SERVICE
CONTRACT NO. 361
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal
shall be awarded the contract upon said proposal and shall within the required number of days
after the notice of such award enter into a contract and give bond for the faithful performance of
the contract, then this obligation shall be null and void; otherwise the principal and surety will pay
unto the obligee the difference in money between the amount of the bid of the said principal and
the amount for which the obligee may legally contract with another party to perform the said work
if the Iatter amount be in excess of the former; but in no event shall the surety's liability exceed
the penal sum hereof.
13-iczErs t:ct:ise no. is on vkg
Thy; liccnse expiral.e;:, sate is
2-28-94 _ . Ti.F represenlatiom
mane herein ai a mane under
penalty of perjury
SULLY -MILLER CONTRACTING COMPANY _
_ Principal
Byw _. _��
J . Blair Assistant Secretary
SEABOARD SURETY COMPANY
� yr
'-Lina Tlichey Attorney -in -Fad
Form IM
s-
v
State of Washington )
County of Spokane
I certify that I know or have satisfactory evidence that
Linda Tichev signed this document;
on oath stated that he/she was authorized to sign the
document and acknowledged it as the agent or
representative of the named surety company which is
authorized to do business in the States of Washington and
California, for the purposes mentioned in this document.
DATED on
Signature of N
My appointment expires 9-15-95
Certified Copy SEA4PARD SURETY CO NVA- 915 8
No.
11321 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW RSEY
1. POWER
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has
made, constituted and appointed and by these presents does make, constitute and appoint George C. Schroeder or
Carla Holt or Linda Tichey or JoAnne Thnani or Richard W. Merrill or W.W. Weller or William
Dinneen or Lois Stewart or Rhonda A. Doerschel
of Spokane, Washington
its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and
other instruments of similar nature as follows: Without Limitations
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII,-SECTION 1:
"Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and Instruments relating thereto.
Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other
writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President, a Vice -President or a Resident Vice -President and by the Secretary, an Assistant Secretary, a Resident
Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the
President or a Vice -President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice -
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this -.29. 1.-----.
day of ----------------- May-------- -----------, 19 --- 92.
o %13 RE Ty
`TQ Attest: SEABOA SU ETY M �N
1927
By
l'lFOi I:C�iCQ� (Seal)-4z1��.�� . .---- -- -- ------ ------------------------------------------------•----�
Assistant Secretary ce-President
STATE OF NEW JERSEY ss.:
COUNTY OF SOMERSET
On this--------------29th------- day of ----- ........ May- ----------------- ----------------------------.--------- , 1992-....... before me personally appeared
M ehael..B3 Keec3an......................................................... a Vice -President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New-,Texsey........ ;
that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing
instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal;
that it was so affixed -by order of the Board of Directors of said CompZ!?
thereto as Vice -President of
said Compa bylik' -'L' ority. �TRcRS
�3 a, 1�� LINDA SM` W JERS
' + NOTARY pULLIC OF NEW
(Seal) 9l Pti3t�- �� cx '�res Dec. 16,1................
"OP tyE�N My -Notary Public
C E R T I F I
1, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY d Power of Attorney of which the foregoing is
a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice -President who executed the said Powerof
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VII, Section 1, of the By -Laws of
SEABOARD SURETY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of
Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970.
"RESOLVED. (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII, Section 1, of the By -Laws
appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other
instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is
authorized and approved."
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this
QlQ� S *ErY c� - ---- -- --2_l .................... ------ day of ------ 8..1 -PTi i 19 93 ..
` 1927
W
^i * a Assists t Secretary
arNEW�e Form 957 (Rev. 7/84)
For verification of the authenticity of this Power of Attorney you may call, collect, 903-658-3500 and ask for the Power of Attorney clerk. Please refer to the Power
of Attorney number, the above named individual(s) and dstails of the bond to which the power is attached. In New York, Dial 212-627-5444.
�.� RELIANCE INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we DAMON CONST. CO.
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania,
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT
OF THE BID
Dollars ($ ), for the
payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for SOUTH SHORES STREET REHABILITATION MSC NO. 361
(PHASE 1)
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within
such time as specified in the bid, enter into a contract in writing and give bond with good and
sufficient surety, or, in the event of the failure of the Principal to enter into 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.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to
execution of the final contract shall furnish evidence of financing in a manner and form acceptable to
Principal and. Surety that financing has been firmly committed to cover the entire cost of the project.
Signed and sealed this 21 day of SEPTEMBER 19 93
DAMON CONST. CO.
(Witness) (Principal) (Sear;
RELIANCE I URANCE COMPANY
(A orney-in-Fact)
HENY F. WRIGH
BDR-2323 2/90
�- RELIANCE INSURANCE COMPANY
.�
HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State
of Pennsylvania, does hereby make, constitute and appoint Henry F. Wright, individually, of Pasadena, California, its true and lawful
Artorneyls)-in-Fact, to make, execute, seat and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of
suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and
other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and
attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article V11 of the By -Laws of RELIANCE INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKING
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Anorneylsl-in-Fact and to
authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings
obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in- Fact at any time and revoke the power and authority given to them_
2. Attorneyis)4n-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to
execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity
and other writings obligatory in the nature thereof,
3. Attorneyis)-in-Fact shall have power and authority to execute affidavits required to he attached to bonds, recognizances. contracts of
indemnity at other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors
of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution
has not been amended or repealed:
'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such
Power of Attorney of any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing
such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed
and certified by facsimile signatures and facsimile seal shad be valid and binding upon the Company, in the future with
respect to any bond or undertaking to which it is attached.'
iN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President
and its corporate seal to be hereto affixed, this 24 day of August, 1993
RELIANCE INSURANCE COMPANY
♦,-_ - --Yid
.I
STATE OF Washington,io.. «! Vice President
COUNTY OF Kingss.
On this 24 day of August, 1993 personally appeared Lawrence W. Carlsttom
to me known to be the Vice President of the RELIAN COMPANY, and acknowledged that he executed and attested the
foregoing instrument and affixed the seal of sai a F� and that Article VIh. Section 1, 2, and 3 of the By -Laws of said
Company,and the Resolution, set forth therein, a
N OTP4Y� o
a PUBLIC o
7 3-05-96 ti Notary Public in and for State of Washington
Residing at Puyallup
I, Robyn Layng, Assistant Secretary of the RELIA Sw PANY, do hereby certify that the above and foregoing is a true and
correct copy of a Power of Attorney executed by sai RANCE COMPANY, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 21 day of SEPTEMBER 1993
Assistant Secretary
e011.11931 Ed 3193
INSURANCE COMPANY OF THE WEST
P. 0. BOX 85563 - SAN DIEGO, CALIFORNIA 92138.5563
Lill) OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Camino Viejo Paving, Inc.
(hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under
and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety
upon bonds or undertakings required or authorized by the laws of the State of
as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the obligee('
in the just and full sum of Ten Percent of amount Bid
Dollars (S 10% of Amt . Bid ) lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves and our and each of out successors and assigns, -jointly and severally, firmly by these presents.
THE CONOITION OF THIS OBLIGATION IS SUCH THAT, WHE REAS, the above bounden principal as aforesaid, is about to hand in
and submit to the obligee a bid or proposal dated 9/21/93 for South Shores Street Rehabilitation
Maintenance Service Contact No. 361
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the
principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as
required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this I4th
day of September 119 93
Camino Viejo Paving, Inc.
r I
INSURANU. COMPANYIIF TBE WIE � � rD�r
I cw CAL 120
Ted E . Adamson Attorney -in -Fact
INSURANCE COMPANY OF THE WEST
HOME OFFICE: SAN DIEGO. CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the Insurance Company of the West, a Corporation duly authorized and existing
under the laws of the State of California and having its principal office In the City Of San Diego, California, does hereby nominate.
constitute and appoint: TED E . ADAMSON HOWARD SMITH
its true and lawful Attorney (s)-in-Fact. with full power and authority hereby conferred In its name, place and stead, to execute,
seal, acknowledge and deliver any and ail bonds, undertakings, recognizances or other written obligations In the nature thereof.
This Power of Attorney Is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Slxth day of
February, 1973. which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete
copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and
on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time
remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her. and be it further
"RESOLVED: That the Attorney -in -fact may be given full power to execute for and in the name of and on behalf of the Company
any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by
any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the
Secretary."
IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to
be signed by its duly authorized officers this 19TH DAY OF DECEMBER 1965
INSURANCE COMPAN OF THE WEST
C41lla `* President
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
On this19TH DAY OF DEC'EMBER ll?Xre the subscriber, a Notary Public of the State of California, in and for the County of
San Diego, duly commissioned and qualified, tame ERNEST RADY , President of INSURANCE COMPANY OF THE WEST,
to me personally known to be the individual and officer described in and who executed the preceding instrument, and he aCknpw.
tedged the execution of the same, and being by me duly sworn, deposeth and saith, that he 15 the said officer of the Corporation
aforesaid, and that tAe seat affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and
direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year
first above written.
7 l�-,+ti1►.i1ti4's`t'�'L�S: 51.�'t'1,'4M11,'bM1ISfL'L�V
CFF:Ci_.r SEAL NORMA PORTER
MO1MPT PUEUC.CALIFORfIIA
ProbvOW OFf" w, San D.cev County
'S IAr co+nmi"n t.p- Jan e. 1416
r5.'LNLrVif�tiFi!'Sf,r,.1.'�fYN5�4ir5as��y1�'1f1„�
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS`
Notary Public
I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER
OF ATTORNEY, of which the foregoing is a fun, true and correct copy, Is In full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation,
this 14th daY of September 1993.
ICW CAL 37 (REV. 5/82)
CHUBB GROUP OF INSURANCE COMPANIES
0
CHtJF3�
Bond No.
That we,
BID BOND
FEDERAL INSURANCE COMPANY
Amount $
Know All Men By These Presents,
Excel Paving Company
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surely), as Surety, are held and firmly bound unto
City of Huntington Beach
(hereinafter called the Obligee),
in the sum of Ten percent of the total amount of the bid Dollars
(S 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 15 day of September
A. D. nineteen hundred and 9 3
WHEREAS, the Principal has submitted a bid, dated September 21 , 1993
for
South Shores Street Rehabilitation (Phase I)
Maintenance Service Contract No. 361
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid
of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and
give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure
of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif-
ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which
the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount
be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect.
Excel Paving Company _
Principal
By: C I �-�,4C.P. Brown Pfestdent
FEDERAL INSURANCE COMPANY
By: 46.e"
Dou as A. Ra13rp
Attorney in Fact
PA TF
Fdm 1l Oi 0002 (Rev 4.20) �74706 (ZNJ u
POWER OF ATTORNEY
Kn a"'• Il'kbn by these Presents. That the FEDERAL iINSURANCE: COMPANY, 15 Mountain View Road. Warren, Now Jersey. an Irdiana Corpora.
lion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of
SantaAna, California-------------------------------_----------------------------------------
e true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety
t or otherwise, bonds of any of the following classes, to -viol=
1. Bonds and undertakings (other than Bait Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing
or not doing of anything specified in such Bond or Undertaking_
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the taws or regulations relating to Customs
or Internal Revenue: License and Permit Bonds or other indemnity bonds under the lawn, ordinances or regulations of any State, City, Town, Village. Board
or other body or organization. public or private; bonds to Transportation Companies, lost instrument bonds: Lease bonds. Volorkers' Compensation bonds.
Miscellaneous Surety bonds and bonds on behalf of Notaries Public. Sheriffs, Deputy Sheriffs and similar public officials
-
3. Bonds On behalf Of contractors in Connection with bids, proposals or contracts.
In Wtbess VRiterod. the aaad FEDERAL INSURANCE COMPANY has. pursuam to its OrLo". cavaad tie" presents to be 4gned by its Vice Prssdsnt snd Assistare Secretsry and b Corporate Magi
Io Of hereto Mlrb.d ma 20th dar of July 19 92
Corporara Saki
{ Aaalayttl
STATE OF NEW \JERSEY as
County of Somerset
FIDE URANCE COMPANY
ay
O Dion
Was pro~
//f - — /,.,/
on tit. 20 dw of July ' is 9 2. . berme ma peraonally scree FI~ D O'Conrar b me known and by ms known to a Assam Secretary d die FEDERAL MURAMM
C'OMPAMY. die Obrpdratlpn defGibeO in and wlfiell aaecsnad the rorsgvhrtg Ploom of Afmrfivy and the Meld FlWterd O Orenew berrtp by me d+,hy worn_ did depose and say char he is Ankinant Secrerarf br rho
FZ OERAL 1NSURANCt COMPANY and knowa the wrpOraN goal tPWrW-. d+n the s" *?fixed to the congaing Po wr of Abpney a suCh corppMe sagi are was thereto, allmad by 110hiirby Of the arUM of said
Company and tarp he @anted said Puteer of At4rmy as As.stw secraWy of sad Camp" by are wmortrtr and mat he is a[Aaamned with James D Dhion acid knows him to be ine V-" President or said Company.
am she sprrture Of SW James o Orion M+rbsc+ibad 10 laid Parer Or Noti ear is to Re ganvne hand.Rng d said Jams o Dabn and was derero at+bsCnbad by auttwrlty Or sold arLAft and in deppers's pregarip
�r
* G Ack+tor+edpad sane S+om 10 bgprs ma
f_ on the date above
• Ngary Public
CEWIFICA110111 JANEi A. SCaVONE
Notary Dub"C, rr-% Ci New Jersey
STATE Of MEW JERSEY �� � " _ j
- Cahrnissipri
County Of Somerset SSocr ]"_r i, i994
1. the undensyned. Assistant Seem" of the FEDERAL INSURANCE COMPANY. do hervW Cechy that the ldiowrip s •sass giCerpt hom the ertJwf d ,tag wd Ca^Pany a ,doped a ra !!Dare d D�rgetore
on March 2. IM and that I" Drum is n " Ida and g1tM.
ARTICLE XV111
Sedan 2 All bor+ds, undanakinga. CDhIMM WA Crhaf irMhurttettts Other ratan as Alan br and On behalf d the Coinipany whch w a atlhWed by Mw Or rn Chatter to aascute. may and "it be esecutad
rn 1M name and OR bafelf or the Gomparry gnher Of the Crmahrman or The Ves Chairmen Cc the President or a VCg Pyerduit. pinny with the Saemary Or on Asselara Secraary. under thaw respechie
dearg^atrafta. efcepa that ens pie ot more diners on aeorr+eys-rt-tad 0019nasW in, fury reedtnon d tie Board of D, veto, or me Esactena Committee. or in any pwwr d sWney akaared as proinded
car in Sedan 3 betohv. may eiceuhrs any such bOrtd. tmdortakmq of deer obtrgatOn u Provided n such .Meottmon or pester of sapniey -
SGO-On 1 Aa Powell of mrkirnelr W and On behalf of the Caro" may and OW be waesngd n Me nine and on b" ar IPA Carnpeny_ ester by the Chairmen or me Vice Chaimman p this Prefdgns or a VCa Prsedna
Or an Ap.pent VCI Pn dard_ p "wren ate Secretary W an ai/titan SecrWary. Vnder lieu retpim a de"Aa bra{ The arpristYn d such offrom may be angrMd. v"sd or kinOyraphed ?no sipnouta d each
d IPA fOgOwrig ORKers- Chairmen. Vcs Chairman. Prphddi t pry V" Prasidant, dry Aef4tare VCa Pea4ent. terry Secretary. ere ASYRtrt Secretary and lee seal Of the C4Knpany may be a fated by hewride to any
Omw Of sfbrney or fa"oarnfhaft Wong thereto sppow" Assetrlt secretaries or A1Wmrj%. Faa b pt+rboess may bt gsdtag and a prig bonds are undenata ga and arim wrhrigs obligatory n ore hours
Itergd. Mnd dry such pmW of anbney or mebfrcw bearing such facgnm% tignmum or %csttrta wet shall ba veld and t red sup+ tee Camp" and arty wcri poeer so executed ■rid CW*d by Stich IecswnAw
34"111re and reef uncle,set ahaa tole vsPd and brrtdrrrg upon the Company w.fh respaO lb grey bond Of Vridartakwg 10 whrCh a s alocned.-
I Iunhgr Canty tftr laid rMRAL INSURANCE COMPANY ieduty f+cereed to uMn&W fdalny and surey busirees.n each of die States or IPA United states of Amerr AL ikffriol d Columba. Puerto RCo, rid Sao of the
PrvmnCef d Canada wnh the enspon of Prmm Edwnd Island. and a AUC""nsed to baomha sbhe at+rsty an bonds, undertakvn etC . pgnnMM Of MWw0d by taw
I. the Widaregred Assistant Secretary of FEDERAL INSURANCE COMPANY. do hereby ferthfylhat the tbregpng Power of Mornay is in fue lore and ef}ec1.
Gruen uridw my hand and the gar d said Company at Warren. N.J.
+ O
�• c _ _7fF C
r�rOlpt+p
Form iS1P-Df 411M GENEAAL IFOaVEALY 21-Xj}03331
15
Se tember 1 93
L•l
pWTEU
u 1"k
MSC - 361
SOUTH SHORES STREET REHABILITATION
CAMINO $33,992.00
DAMON CONSTRUCTION 33,918.25
EXCEL PAVING 37,545.70
** J & B KOVAC 27,966.00
NOBEST 28,043.00
SULLY -MILLER 31,213.00
RECEIVED
CITY CLERK
CITY OF
HUNTINGTON i;ZACII. CALIF.
SEP 21 2 oo Pri '93
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) Ss.
County of Orange )
I am a Citizen of the United States and a
PUBLIC NOi
TICE �
resident of the County aforesaid; I am
SECTION A
NOTICE INVITING
over the age of eighteen years, and not a
SEALED BIDS '
for the South-°
"
party to or interested in the below
Shores Street
Rehabilitation
entitled matter. I am a principal clerk of
MAINTENANCE
SERVICE CONTRACT,
the HUNTINGTON BEACH INDEPENDENT, a
No. 361 (PHASE 1)
In the
newspaper of general circulation, printed
CITY OF
HUNTINGTON BEACH
and published in the City of Huntington
PUBLIC NorrCE- IS .
HEREBY GIVEN that the I
l
Beach, County of Orange, State of
CITY OF H
9E,4CN, as AGENCYGENCYTON .. in. +
I
California, and that attached Notice is a
rates sealed bids for', the
above-stated
in
true and complete copy as was printed
VvJJ SUchl bids r
SeCortthe o d Floto theor, 20Clerk; i
00 Main
and published in the Huntington Beach
Street, Huntington Beach.
GCalifornia648 ornia 92. up toothe the
and Fountain Valley issues of said
hour of 2-00 PM, on
SEPT21. 1993_ Bids will be
newspaper to wit the issues) of.
pubficfyopen in the Coun-
il Chambers unless other-
cbl Cha
wise posted_
Copies of the plans.
Specifications and contract
documents are available
from the Office of the Di-
rector of Public Works,
2000 Main Street, Hunting.
Set t r 9 . 16. 1993
�?
ton >1enrGA upon
paymcpaymento of a S75 00_nanre
fundable fee it picked up.
or payment of a $17.00
nonrefundable lee it
mailed_
Any contract entered Into !{I
declare, under penalty of perjury that
,
pursuant to the notice will
rnCOrporate the provisions
the foregoing is true and Correct.
of the State Labor Code.
Pursuant to the provisions
of the Labor Code of the
State of California, the min-
imum preumilrng rate of per
diem wages for each crah,clas
Executed on Septeber 16 r 199 3
work l+[aLOn a typo of lfj
workman needed ,to ex-
at Costa Mesa, California.
ecute the contract shall, be 1
those determined by the
Director of Industrial Rera-
lions of the State of Califor-
nia, 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 'ail
progress payments. The
u.clarmay substitute
L-�
an escrow
an es holder surety of
Signature
equal value to the retention
in accordance with the pro-
visions of the Califorrua
Government Code, Section
4590. The Contracror Shan
be beneficial owner of the
surety - and Shall receive
any_inter�rst thereon_ .-
The' AGENCY hereby at-
firmatively ensures that mi-
nority business enterprrses
will be afforded fun op-
portunity 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 Cdnsrderation leading
to the award W contract.
No bid -shall be consid-
ered unless it is prepared
on the approved Proposal
forms in confgrmance vrith
the Instructions to Bidders -
The bid must be. aC-
companied by a certified
check, Cashier's Check, or
bidder's .bond made pay-
able to the ACENCY for an
amount no less than 10%
of the amount bid.
The successful bldder
shaft be licensed in ac-
cordanre with provisions of
the Business and Profes-
sions Code and Shall pos-
sess a State Contractor's
license Class at the time
this contract is awarded -
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. t0 waive any irregular-
ity, and 10 take all bids
under advisement for a
maximum period of 60
dayBY ORDER of the
CITY COUNCIL of the
CITY OF HUNTINGTON
BEACH, CALIFORNIA,
the 7TH day of SEP-
TEMBER, 1993.
Attest: Connie Brock-
way. CITY CLERK OF
THE -CITY OF HUN-
TINGTON BEACH
Published Huntington
Beach -Fountain Valley In-
dependent September 9,
16. 1993-
091.101
SECTION A
NOTICE INVITING SEALED BIDS
for the
South Shores Street Rehabilitation
MAINTENANCE SERVICE CONTRACT No. 361 (PHASE 1)
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 project 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 PM on SEPT.21, 1993. 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 $15.00 nonrefundable fee if picked up, or payment of a $17.00 nonrefundable fee if mailed.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the
minimum prevailing rate of per diem wages for each craft, classification or type of workman
needed to execute the contract shall be those determined by the Director of Industrial Relations
of the State of California, which are on file at the Office of the Director of Public Works, 2000
Main Street, Huntington Beach, CA 92648.
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.
A-1
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 this contract
is awarded. 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 _ TrH day of _SEPTEMBER,1993
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTIN T N BEACH
�I.
CREATE A FILE
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0895I
REQUEST FOR CITY COUNCIL ACTION
PwD "
Submitted to:
Submitted by:
Prepared by:
Subject:
Date
September 7, 1993
Honorable Mayor and City Council
Michael T. Uberuaga, City Administrator
"` Louis F. Sandoval, Director of Public Works
Barbara A. Kaiser, Deputy City Administrator/Economi
APPROVED BY CITY COUNCI
SOUTH SHORES ENHANCEMENT AREA; MSC-361 (PHASE I)
Consistent with Council Policy? [X1 Yes ( ) New Policy or Exception
19AI
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: L��Xgd*y
STATEMENT OF ISSUE:
Plans and Specifications for street improvements in the South Shores Enhancement Area
have been completed. Staff requests authorization to call for bids.
RECOMMENDED ACTION:
1. Approve the Plans and Specifications and authorize the Director of Public Works to
solicit bids for construction, and
2. Approve the attached sample contract, subject to award of the construction to the
lowest responsive bidder, of street improvements for the South Shores Enhancement
Area; MSC-361 (Phase I).
ANALYSIS:
The South Shores Enhancement Area is an approximately 39 acre section of Huntington
Beach, located east and west of Bushard Street, north of Yorktown Avenue (see the
attached Vicinity Map). Curb, gutter, sidewalk, and driveways, damaged by overgrown
tree roots, are in need of repair. The City will furnish and install replacement trees by
utilizing the available Community Development Block Grant Funds for this project.
Phase 1 of this project consists of street improvements to one cuI-de-sac, Perch Circle.
The engineer's estimate of the construction costs, including 10% contingency, is $40,000.
ENVIRONMENTAL STATUS:
The project is categorically exempt pursuant to Class I, Section 15301 of the California
Environmental Quality Act.
FUNDING SOURCE:
South Shores Enhancement Area - Street Improvement Capital Program Funds as approved
in FY 93-94 budget using Federal Community Development Block Grant Funds.
No 5/85
RCA; MSC-361 (Phase
September 9, 1993
Page two
ALTERNATIVE ACTION:
Deny approval of construction.
ATTACHMENT:
1. Vicinity Map
2. Sample Contract
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21
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CITY OF "L.\TINC" ON BEACH
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VICINITY MAP
SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS CONSTRUCTION CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
FOR STREET IMPROVEMENTS IN THE SOUTH SHORES
ENHANCEMENT AREA (MSC 361)
IRVSAMPLE FEDERALLY FUNDED COMMUNITY ELOPMENT
BLOCK GRANT FUNDS CONSTRUCTION CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
FOR STREET IMPROVEMENTS IN THE SOUTH SHORES
ENHANCEMENT AREA (MSC 361)
Table f Content5
Section
Page
1
Statement of work; Acceptance of Risk . . . . . . .
. 1
2
Acceptance of Conditions of Work; Plans
and Specifications . . . . . . . . . . . . . ... . .
. 2
3
Compensation. .
4
4
Commencement of Project
4
5
Time of the Essence . . . . . . . . . . . . . . . .
. 4
6
Changes . . . . . . . . . . . . . . . . . . . . . .
. 5'
7
Notice to Proceed . . . . . . . . . . . . . . . . .
. 6
8
Bonds . . . . . . . . . . . . . . . . . . . . . . .
. 6
9
Warranties . . . . . . . . . . . . . . . . . . . . .
. 7
10
California Fair Employment and Housing Act. . . . .
. 7
11
California Prevailing Wage Law. . . . . . . . . . .
. 7
12
California Prevailing wage Law - Penalty. . . . . .
. 8
13
California Eight --Hour Law . . . . . . . . . . . . .
. 8
14
California Eight -Hour Law - Penalty . . . . . . . .
. 8
15
Payment of Travel and Subsistence Allowance
9
16
Employment of Apprentices . . . . . . . . . . . . .
. 9
17
Payroll Records . . . . . . . . . . . . . . . . . .
. 9
18
Independent Contractor . . . . . . . . . . . . . . .
. 10
19
Liquidated Damages/Delays . . . . . . . . . . . . .
. 10
20
Differing Site Conditions . . . . . . . . . . . . .
. 12
21
Variations in Estimated Quantities. . . . . . . . .
. 13
22
Progress Payments . . . . . . . . . . . . . . .
. 14
23
Withheld Contract Funds, Substitution of Securities
. 15
24
Affidavits of Satisfaction of Claims. . . . . . . .
. 15
25
Waiver of Claims . . . . . . . . . . . . . . . . .
. 15
26
Indemnification, Defense, Hold Harmless . . . . . .
. 15
27
Workers' Compensation Insurance . . . . . . . . . .
. 16
28
Insurance . . . . . . . . . . . .
17
29
Certificates of Insurance; Additional Insured
Endorsements. . . . . . . . . . . . . . . . . . . .
. 18
30
Default and Termination . . . . . . . . . . . . . .
. 18
31
Disposition of Plans, Estimates and Other Documents
. 19
32
Non -Assignability . . . . . . . . . . . . . . . . .
. 19
33
City Employees and Officials . . . . . . . . . . . .
. 19
34
Stop Notices; Recovery of Administrative Costs. . .
. 20
35
Notices . . . . . . . . . . . . . . . . . . . . . .
. 20
36
Captions . . . . . . . . . . . . . . . . . . . .
. 20
37
Federal Participation . . . . . . . . . . . . . . .
. 21
38
Davis -Bacon Act . . . . . . . . . . . . . . . .
. 21
39
Discrimination, Minorities, Aliens. . . . . . . . .
. 21
40
Equal Employment Opportunity . . . . . . . . . . . .
. 22
41
Copeland "Anti -Kickback" Act . . . . . . . . . . . .
. 23
42
Contract Work Hours and Safety Standards Act. . . .
. 23
43
Implementation of Clean Air Act and
Federal Water Pollution Control Act . . . . . . . .
. 24
44
Energy Conservation . . . . . . . . . . . . . . . .
. 24
45
Housing and Urban Development . . .
46
Legal Services Subcontracting Prohibited. . . . . .
. 25
47
Entirety . . . . . . . . . . . . . . . . . . . . . .
. 26
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND
FOR STREET IMPROVEMENTS IN THE SOUTH SHORES
ENHANCEMENT AREA (MSC-361)
THIS AGREEMENT is made and entered into on this
day of 1993, by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY,"
and
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project,
hereinafter referred to as "PROJECT," more fully described as
street improvements in the South Shores enhancement area in the
City of Huntington Beach, California; and
CONTRACTOR has been selected and is to perform said work;
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made and exchanged, the parties covenant
and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCEOFRISK
CONTRACTOR shall furnish, at its own expense, all
labor, plant, tools, equipment, supplies, transportation,
utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike
manner.
CONTRACTOR agrees to assume the risk of all loss or
damage arising out of the nature of the PROJECT, during its
progress or prior to acceptance, from the action of the
8/18/93:sg -1-
SAMPLE ONLY
elements, from any unforeseen difficulties which may arise or be
encountered in the prosecution of work, and for all other risks
of any description connected with the work, including, but not
limited to, all expenses incurred by or in consequence of the
suspension or discontinuance of work, except such as are herein
expressly stipulated to be borne by CITY, and for well and
faithfully completing the work within the stipulated time and in
the manner shown and described in this Agreement, and in
accordance with the requirements of CITY under them for the
compensation set forth in the accepted bid proposal.
However, the total compensation to be paid is to be
computed on the basis of the units of work as it is actually
performed, in accordance with the stipulated prices named in the
Hid Sheet(s).
• _ L • • a • • • 1.4
CONTRACTOR acknowledges that it is fully familiar with
all the terms, conditions and obligations of this Agreement and
the Contract Documents (as hereinafter defined), the location of
the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its
investigation of all such matters and is relying in no way upon
any opinions or representations of CITY.
It is agreed that the Contract Documents are
incorporated into this Agreement by this reference, with the
same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its subcontractors, if any,
8/18/93:sg -2-
SAMPLE ONLY
shall be bound by said Contract Documents insofar as they relate
in part or in any way, directly or indirectly, to the work
covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The 1991 edition of Stgndard Specif-icatiQnsfor
Public Works ConstructiQn, published by Builder's News, Inc.,
3055 Overland Avenue, Los Angeles, California 90034, and all
amendments thereto, written and promulgated by the Southern
California Chapter of the American Public Works Association and
the Southern California District Associated General Contractors
of the California Joint Cooperative Committee;
D. Bid documents including the Notice Inviting Bids,
the Special Instructions to Bidders and the Contractor's
Proposal (attached hereto as Exhibit "A");
E. The particular plans, specifications, special
provisions and addenda applicable to the PROJECT. Anything
mentioned in the Specifications and not indicated in the Plans
or indicated in the Plans and not mentioned in the
Specifications, shall be of like effect as if indicated and
mentioned in both. In case of discrepancy between any plans,
specifications, special provisions, or addenda, the matter shall
be immediately submitted by CONTRACTOR to the Department of
Public Works of CITY (hereinafter referred to as "DPW"), without
whose decision said discrepancy shall not be adjusted by
CONTRACTOR, save only at its own risk and expense.
8/18/93:sg -3-
SAMPLE ONLY
Should there be any conflict between the terms of this
Agreement and the bid or proposal. of CONTRACTOR, then this
Agreement shall control and nothing herein shall be considered
as an acceptance of the terms of said bid or proposal which is
in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as
full compensation for the faithful performance of this
Agreement, subject to any additions or deductions made under the
provisions of this Agreement or the Contract Documents, a sum
not to exceed
($ ) as set forth in the Contract Documents, to be paid as
provided for by the terms and conditions of this Agreement.
4. COMMENCEMENT QF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten
(10) working days after notice to proceed is issued and shall
diligently prosecute PROJECT to completion within
( ) working days from the execution of this Agreement by
CITY, excluding delays provided for in Section 19 herein.
5. TIME _OF SHE 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
8/18/93:sg -4-
SAMPLE ONLY
1J
the progress schedule set forth in the Contract Documents.
CONTRACTOR shall coordinate its work with the work of
all other contractors, subcontractors and CITY forces working on
the PROJECT, in a manner that will facilitate the efficient
completion of the PROJECT and in accordance with the terms and
conditions of this Agreement. CITY shall have complete control
of the premises on which the work is to be performed and shall
have the right to decide the time and order in which the various
portions of the work shall be performed and the priority of the
work of other contractors, subcontractors and CITY forces and,
in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6. CHARGES
CONTRACTOR shall adhere strictly to the plans and
specifications set forth in the Contract Documents unless a
change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials
and perform all work necessary within the scope of the PROJECT
as the DPW may require in writing. Under no condition shall
CONTRACTOR make any changes without the written order of the
DPW, and CITY shall not pay any extra charges made by CONTRACTOR
that have not been agreed upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall
submit immediately to the DPW a written cost proposal reflecting
the effect of the change. Should the DPW not agree to such cost
proposal, the work shall be performed according to the changes
ordered in writing by the DPW and the proper cast thereof shall
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be negotiated by the parties upon cost and pricing data
submitted by the CONTRACTOR; thereupon, CITY will promptly issue
an adjusted change order to CONTRACTOR and the contract price
will be adjusted upward or downward accordingly.
No work, services, material, or equipment shall be
performed or furnished under this Agreement unless and until a
Notice to Proceed has been given to the CONTRACTOR by CITY.
CITY does not warrant that the work site will be available on
the date the Notice to Proceed is issued. In event of a delay
in commencement of the work due to unavailability of the job
site, for any reason, relief to the CONTRACTOR shall be limited
to,a time extension equal to the delay due to such
unavailability.
CONTRACTOR shall, prior to entering upon the
performance of this Agreement, furnish the following three bonds
approved by the City Attorney: One in the amount of one hundred
percent (100%) of the contract price to guarantee the
CONTRACTOR'S faithful performance of the work; one in the amount
of one hundred percent (100%) of the contract price to warrant
such performance for a period of one (1) year after CITY'S
acceptance thereof; and one in the amount of one hundred percent
(100%) of the contract price to guarantee payment of all claims
for labor and materials furnished.
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9. WARRANTIFS
The CONTRACTOR unconditionally guarantees all work done
under this Agreement including, but not limited to, any
installation, fabrication, material or structural facilities
constructed. CONTRACTOR, within ten (10) days after notice by
CITY of any defect in the work, shall have the option to make
appropriate repairs or replace the defective item or items.
Upon expiration of such ten (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR'S risk and
expense.
10. CALIFORNIA FAIR EMPLOYMENT AND HQUSING _ACT
CONTRACTOR agrees to comply with all requirements and
utilize fair employment practices in accordance with the
California Gov_erssment_ Cody Sections 12900 et seq.
The CITY has ascertained from the Director of
Industrial Relations of the State of California the general
prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime work in the locality in
which the work is to be performed for each craft or type of work
needed to execute this Agreement, and the same has been set
forth by resolution on file in the office of the City Clerk of
CITY. CONTRACTOR and any subcontractor under it shall pay not
less than said prevailing wage rates to all workers employed on
this Public Works Agreement, as required by CalifQrnia L b r
Code Sections 1771 and 1774. In accordance with the provisions
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i •
of Section 3700 of the California Labor Code, CONTRACTOR agrees
to secure payment of compensation to every employee.
12. CALIFQRNIA PR M ILINGWAGE LAW - PENALTY
Pursuant to this Agreement and in accordance with
Section 1774 and 1775 of the California Labor- Code, CONTRACTOR
shall, as a penalty to CITY, forfeit twenty-five dollars
($25.00) for each calendar day or portion thereof for each
worker paid (either by CONTRACTOR or any of its subcontractors)
less than the prevailing wage rate established for that
particular craft or type of work.
13. CALIFORNIA EIGHT -HOUR LAW
California LabQr Cody, Sections 1810 et seq., shall
apply to the performance of this Agreement; thereunder, not more
than eight (8) hours shall constitute one day's work and
CONTRACTOR and each subcontractor employed by its hereunder,
shall not require more than eight (8) hours of labor per day or
forty hours per week from any one person employed by it
hereunder, except as stipulated in California -Labor -Code Section
1815. CONTRACTOR and each subcontractor employed by it
hereunder shall, in accordance with California
Section 1812, keep an accurate record, open to inspection at all
reasonable hours, showing the name and actual hours worked each
calendar day and each calendar week by each worker employed in
connection with the PROJECT.
14. CALIFORNIA EIGHT-BOUR_LAW - PENALTY
Pursuant to this Agreement and in accordance with
Ca,lifoKnia Lak2gKSection 1813, CONTRACTOR shall, as a
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penalty to CITY, forfeit twenty-five dollars ($25.00) for each
worker employed hereunder by CONTRACTOR or any subcontractor for
each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any one (1)
calendar day or forty (40) hours in any one (1) calendar week in
violation of California Labor Code Section 1815.
15. PAYMENT CF TRAVEL AND SUBSISTENCE ALLOWANCE
Section 1773.8 of the Ca-li-fo-rnip Lal2or Coft, regarding
the payment of travel and subsistence payments, is applicable to
this PROJECT.
16. EMPLOYMENT OF APPRENTICES
Section 1777.5 of the California LabQr Code, regarding
the employment of apprentices, is applicable to this PROJECT.
17. P&YROLL RECORDS
CONTRACTOR agrees to keep accurate payroll records
showing the name, address, social security number, work
classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman,
apprentice or worker employed by it in connection with the
PROJECT, all deductions from wages, and agrees to require each
of its subcontractors to do the same. CONTRACTOR further agrees
that its payroll records and those of its subcontractors, if
any, shall be available at all reasonable times to the CITY, the
employee or his representative, and the Division of Labor
Standards Enforcement and the Division of Apprenticeship
Standards, and to comply with all of the provisions of
California Labor Code Section 1776, in general. CONTRACTOR
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shall submit weekly a copy of its payroll records concerning the
Project to the CITY for transmission to the Department of
Housing and Urban Development, and shall require all
subcontractors to do the same.
18. INp$PENDENJ CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and
shall be, acting at all times hereunder as an independent
contractor and not as an employee of CITY. CONTRACTOR shall
secure, at its expense, and be responsible for any and all
payment of income tax, social security, state disability
insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and
employees, and all business licenses, if any, in connection with
the PROJECT.
It is agreed by the parties hereto that in case the
total work called for hereunder is not in all parts and
requirements finished or completed within the number of
working/calendar days as set forth herein, damage will be
sustained by CITY; and that it is, and would be, impractical and
extremely difficult to ascertain and determine the actual damage
which CITY would sustain in the event of and by reason of such
delay; it is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of Two
Hundred Fifty Dollars ($250) per day for each and every working
day's delay in completing the work in excess of the number of
working days set forth in Section 4 herein, which sum represents
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a reasonable endeavor by the parties hereto to estimate a fair
compensation for the foreseeable losses CITY would sustain in
the event of and by reason of such delay; and CONTRACTOR agrees
to pay said damages herein provided, and further agrees that
CITY may deduct the amount thereof from any monies due or that
may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and
will not be assessed damages for any portion of the delay in
completion of the work due to unforeseeable causes beyond the
control and without the fault or negligence of CONTRACTOR,
including, but not restricted to, acts of God or of the public
enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays of subcontractors due to
such causes.
CONTRACTOR shall, within fifteen (15) days from the
beginning of any such delay (unless the DPW shall grant a
further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the
delay and CITY shall extend the time for completing the work if,
in its judgment, the findings of fact thereon justify the delay;
and the decision of the DPW shall be conclusive on the parties
hereto.
Should CONTRACTOR be delayed in the prosecution or
completion of the work by the act, neglect or default of CITY,
or should CONTRACTOR be delayed waiting for materials required
by this Agreement to be furnished by CITY, or by damage caused
by, fire or other casualty at the job site for which CONTRACTOR
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is not responsible, or by the combined action of the workers, in
nowise caused by or resulting from default or collusion on the
part of CONTRACTOR, or in the event of a lockout by CITY, then
the time herein fixed for the completion of the work shall be
extended by the number of days the CONTRACTOR has thus been
delayed, but no allowance or extension shall be made unless a
claim therefor is presented in writing to CITY within fifteen
(15) days of the commencement of such delay.
No claims for additional compensation or damages for
delays, irrespective of the cause thereof, and including without
limitation the furnishing of material by CITY or delays by other
contractors or subcontractors, will be allowed and said
extension of time for completion shall be the sale remedy of
CONTRACTOR.
W1211"D f r
(1) Notice: The CONTRACTOR shall promptly, and before
such conditions are disturbed, notify the DPW in writing of:
(a) subsurface or latent physical conditions at
the job site differing materially from those indicated in this
Agreement or the Contract Documents; or
(b) unknown physical conditions at the job site,
of an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent to work of the
character to be performed under this Agreement. The DPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and cause an increase or
decrease in the time required for performance of any part of the
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work under this Agreement, whether or not changed as a result of
such conditions, an equitable adjustment shall be made and the
Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under
this Section shall be allowed unless the CONTRACTOR has given
the notice required hereunder, provided, however, the time
prescribed therefor may be extended by CITY.
21. VARIATIONS IN ESTIM&IED QUANTITIES
The quantities listed in the bid schedule will not
govern final payment. Payment to the CONTRACTOR will be made
only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and
specifications. Upon completion of the PROJECT, if the actual
quantities used are either more than or less than the quantities
listed in the bid schedule, the bid price shall prevail subject
to the provisions of this Section. The DPW may, at its sole
discretion, when warranted by the fact and circumstances, order
an equitable adjustment, upwards or downwards, in payment to the
CONTRACTOR where the actual quantities used in construction of
the PROJECT are in variation to the quantities listed in the bid
schedule. No claim by CONTRACTOR for an equitable adjustment in
price or time for completion shall be allowed if asserted after
final payment under this Agreement. If the quantity variation
is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances
and make such adjustment for extending the completion date as in
its judgment the findings warrant.
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22. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of
the work performed by CONTRACTOR and the value thereof. From
each progress estimate, ten percent (10%) will be deducted and
retained by CITY and the remainder, less the amount of all
previous payments since commencement of the work, will be paid
to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW,
faithfully executed fifth percent (50%) or more of the value of
the work as determined from the bid schedule, and if the DPW
finds that satisfactory progress has been and is being made, the
CONTRACTOR may be paid such sum as will bring the payments of
each month up to one hundred percent (100%) of the value of the
work completed since the commencement of the PROJECT, as
determined by DPW, less all previous payments and less all
previous retained amounts. The final payment, if unencumbered,
or any part thereof unencumbered, shall be made thirty-five (35)
days after the acceptance of the work and the filing of a Notice
of Completion by CITY. Payments shall be made on demands drawn
in the manner required by law, each payment to be accompanied by
a certificate signed by the DPW, affirming that the work for
which payment is demanded has been performed in accordance with
the terms of the Agreement and that the amount stated in the
certificate is due under the terms of the Agreement. Partial
payments on the contract price shall not be considered as an
acceptance of any part of the work.
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23. WITHHELD CONTRACT FUND5, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any
thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies
withheld by CITY to ensure performance under the terms of this
Agreement.
24. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this
Agreement, CONTRACTOR shall file with the DPW its affidavit
stating that all workers and persons employed, all firms
supplying materials and all subcontractors upon PROJECT have
been paid in full and that there are no claims outstanding
against PROJECT for either labor or material, except certain
items, if any, to be set forth in an affidavit covering disputed
claims, or items in connection with Notices to Withhold which
have been filed under the provisions of the statutes of the
State of California.
25. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the
final certificate shall constitute a waiver of all claims
against CITY under or arising out of this Agreement.
26. INDEMNIFICAT_ION_._DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify
and hold and save harmless CITY, its officers, and employees
against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from death or
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•
injury to CONTRACTOR'S employees and damage to CONTRACTOR'S
property, arising directly'or indirectly out of the obligations
or operations herein undertaken by CONTRACTOR, including those
arising from the passive concurrent negligence of CITY, but save
and except those which arise out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and
expense. CITY shall be reimbursed by CONTRACTOR for all costs
or attorneys fees incurred by CITY in enforcing this obligation.
27. WORKERS' !OMPENSATIQN INSURANCE
Pursuant to California Labor -Code Section 1861,
CONTRACTOR acknowledges awareness of Section 3700 et seq. of
said code, which requires every employer to be insured against
liability for workers' compensation; CONTRACTOR covenants that
it will comply with such provisions prior to commencing
performance of the work hereunder.
CONTRACTOR shall maintain Workers' Compensation
insurance in an amount of not less than One Hundred Thousand
Dollars ($100,000) bodily injury by accident, each occurrence,
One Hundred Thousand Dollars ($100,000) bodily injury by
disease, each employee, Two Hundred Fifty Thousand Dollars
($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide
such Workers' Compensation Insurance for all of the
subcontractors' employees. CONTRACTOR shall furnish to CITY a
certificate of waiver of subrogation under the terms of the
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Workers' Compensation Insurance and CONTRACTOR shall similarly
require all subcontractors to waive subrogation.
28. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on
all operations to be performed hereunder, general liability
insurance, including coverage for bodily injury, property
damage, products/completed operations, and blanket contractual
liability. Said insurance shall also include automotive bodily
injury and property damage liability insurance. All insurance
shall be underwritten by insurance companies in forms
satisfactory to CITY for all operations, subcontract work,
contractual obligations, product or completed operations and all
owned vehicles and non -owned vehicles. Said insurance policies
shall name the County of Orange, the CITY and its officers,
agents and employees, and all public agencies as determined by
the CITY as Additional Insureds. CONTRACTOR shall subscribe for
and maintain said insurance in full force and effect during the
life of this Agreement, in an amount of not less than One
Million Dollars ($1,000,000) combined single limit coverage. If
coverage is provided under a form which includes a designated
aggregate limit, such limit shall be no less than One Million
Dollars ($1,000,000). In the event of aggregate coverage,
CONTRACTOR shall immediately notify CITY of any known depletion
of aggregate limits. CONTRACTOR shall require its insurer to
waive its subrogation rights against CITY and agrees to provide
certificates evidencing the same.
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29 . CERTIFICATES_ OF _INSURAItCE; ADDITIONAL INSURED
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance
subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required herein; said
certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently
in force and shall promise to provide that such policies will
not be cancelled or modified without thirty (30) days prior
written notice to CITY. CONTRACTOR shall maintain the foregoing
insurance coverages in force until the work under this Agreement
is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance
coverages shall not derogate from the provisions for
indemnification of CITY by CONTRACTOR under the terms of this
Agreement. CITY or its representative shall at all times have
the -right to demand the original or a copy of all said policies
of insurance. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement
to each of CONTRACTOR'S insurance policies, naming the CITY, its
officers and employees as Additional Insureds shall be provided
to the City Attorney for approval prior to any payment hereunder.
30. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work
hereunder with diligence, or fails to complete the work within
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the time specified, or is adjudged a bankrupt or makes an
assignment for the benefit of creditors or becomes insolvent, or
violates any provision of this Agreement or the Contract
Documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within
ten (10) days after such Notice of Intention has been served on
CONTRACTOR, CITY may, without prejudice to any other remedy it
may have, terminate this Agreement upon the expiration of that
time. Upon such default by CONTRACTOR, CITY may elect not to
terminate this Agreement; in such event CITY may make good the
deficiency in which the default consists and deduct the
resulting costs from the progress payments then or to become due
to CONTRACTOR.
• i• • • SiLePAISIIJA
CONTRACTOR agrees that upon completion of the work to
be performed hereunder, or upon earlier termination of this
Agreement, all original plans, specifications, drawings,
reports, calculations, maps and other documents pertaining to
this Agreement shall be delivered to CITY and become its sole
property at no further cost.
32. N
CONTRACTOR shall not sell, assign, transfer, convey or
encumber this Agreement, or any part hereof, or any right or
duty created herein, without the prior written consent of CITY
and the surety.
33. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any
regular CITY employee in the work performed pursuant to this
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Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California
Government Code Sections 1090 et seq.
34. STOP N TI E• RECOMERY OF ADMINISTRATIVE QQST
CITY shall be entitled to reasonable administrative and
attorney's fees, costs and necessary disbursements arising out
of the processing of Stop Notices, Notices to Withhold, or any
similar legal document. Said obligation shall be provided for
in the labor and materials payment bond required of CONTRACTOR.
CITY may charge an administrative fee of One Hundred Dollars
($100) for every Stop Notice filed in excess of two, regardless
of whether or not CITY is named in an action to enforce such
stop notices. CITY may set off any unreimbursed cost or expense
so incurred against any sum or sums owed by CITY to CONTRACTOR
under this Agreement.
35. NOTICES
All notices required or permitted hereunder shall be
delivered in person or by registered or certified mail to an
authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other
place designated in writing by such party.
36. CAPTIONS
Captions of the Sections of this Agreement are for
convenience and reference only, and the words contained therein
shall in no way be held to explain, modify, amplify or aid in
the interpretation, construction or meaning of the provisions of
this Agreement.
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3 7 . FEDERAL PARTICIPATION
The PROJECT pursuant to which the work covered by this
Agreement is being executed is being assisted by the United
States of America. Several Contract Provisions embodied herein
are included in this Agreement in accordance with the provisions
applicable to such federal assistance. As federal funds are
financing all or part of this work, all of the statutes, rules
and regulations promulgated by the Federal Government and
applicable to the work will apply, and CONTRACTOR agrees to
comply therewith.
38. DAV I S-BaCON ACT
CONTRACTOR agrees to pay and require all subcontractors
to pay all employees on said PROJECT a salary or wage at least
equal to the prevailing rate of per diem wage as determined by
the Secretary of Labor in accordance with the Davis -Bacon Act
(40 USC Section 276a, et seq.) for each craft or type of worker
needed to perform this Agreement. CONTRACTOR agrees to comply
with all applicable federal labor standards provisions; said
provisions are incorporated herein by this reference.
39. DISCRIMINATION, MIN R I AL E
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.
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40. EQUAL EMPLOYMENT QPPORTUNITY
The CONTRACTOR will comply with all provisions of
Egegptiye Ordgr 11246, entitled "Equal Employment Opportunity,"
and amended by Exesutive.Order 11375, and as supplemented in
Department of Labor regulations (41 CR 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, sea or age to
ensure equality of opportunity in all aspects of employment.
Section 503 of the Rehabilitation Act of 1973 (29 USC
Section 701, et seq.) prohibits job discrimination because of
handicap and requires affirmative action to employ and advance
in employment qualified handicapped workers.
Section 402 of the Vietnam Era Veterans' Readjustment
Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits
job discrimination and requires affirmative action to comply and
advance in employment (1) qualified Vietnam veterans during the
first four (4) years after their discharge and (2) qualified
disabled veterans throughout their working life if they have a
thirty percent (30%) or more disability.
To assure compliance with these requirements, the.
CONTRACTOR shall provide the CITY its written affirmative action
plan prior to commencement of work. The CONTRACTOR is required
to provide the CITY with a listing of its subcontractors
together with a completed affirmative action program from each
subcontractor when applicable.
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41. CQPELAND "ANT -KI BA K"
CONTRACTOR and its subcontractors shall comply with the
provisions of the Copeland "Anti -Kickback" Act (18 USC Section
874), as supplemented in Department of Labor regulations, which
Act provides that each shall be prohibited from inducing, by any
means, any person employed in the construction, completion, or
repair of public work, to give up any part.of the compensation
to which he is otherwise entitled.
The CONTRACTOR shall comply with the provisions of
Sections 103 and 107 of the Contract work Hours and Safety
Standards Act (40 LQK 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
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supplies or materials or articles ordinarily available on the
open market or contracts for transportation.
GEC
(a) CONTRACTOR stipulates that all facilities to be
utilized in the performance of this Agreement were not listed,
on the date of Contract award, on the United States
Environmental Protection Agency (EPA) List of Violating
Facilities, pursuant to 40 C.F.R. 15.20.
(b) The CONTRACTOR agrees to comply with all of the
requirements of Section 114 of the Clean Air Act (42 USC Section
7401, et seq.) and Section 308 of the Federal Water Pollution
Control Act (33 USC Section 1251, et seq.) and all regulations
and guidelines listed thereunder.
(c) The CONTRACTOR shall promptly notify the CITY of
the receipt of any communication from the Director, Office of
Federal Activities, EPA, indicating that a facility to be
utilized pursuant to this Agreement is under consideration to be
listed on the EPA List of Violating Facilities.
(d) The CONTRACTOR agrees to include or cause to be
included the requirements of paragraph (a) through (d) of this
section in every nonexempt subcontract, and further agrees to
take such action as the Government may direct as a means of
enforcing such requirements.
44. ENERGY CONSERVATION
Agreements with federal participation shall recognize
mandatory Standards and policies relating to energy efficiency
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which are contained in the State energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (42
USC Section 6201, et seq.).
45. HOUSING N 8AN DEVELOPMEN
CONTRACTOR agrees to comply with any and all rules,
regulations, guidelines, procedures and standards of the United
States Department of Housing and Urban Development and complete
any and all reports and forms that may be required in accordance
therewith.
46. LECAL SERVICES aUBCONTRA_CTINQPROHIBLED
CONTRACTOR and CITY agree that CITY is not liable for
payment of any subcontractor work involving legal services, and
that such legal services are expressly outside the scope of
services contemplated hereunder. CONTRACTOR understands that
pursuant to Huntington Beach City Charger § 309, the City
Attorney is the exclusive legal counsel for CITY; and CITY shall
not be liable for payment of any legal services expenses
incurred by CONTRACTOR.
REST OF PAGE NOT USED
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47. ENTIRETY
The foregoing represents the entire Agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized
officers the day, month and year first above written.
CONTRACTOR
By:
(Signature)
Name (type or print)
Its:
Title (type or print)
By:
(Signature)
Name (type or print)
Its:
Title (type or print)
ATTEST:
City Clerk
AND APPROVED:
City AdYaiifistratdr
CITY OF HUNTINGTON BEACH
a municipal corporation of
the State of California
Mayor
APPROVED AS TO FORM:
City Attorney ?a.k
r� fa s-t-q3
INITIATED AND APPROVED:
- Director of Public Works
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I
SECTION C
PROPOSAL
for the
South Shores Street RebabWfttion
(PHASE 1)
MAINTENANCE SERVICE CONTRACT No. 361
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
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 10 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
C-1
r
,
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.
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 in the amount of S
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. Dam Received Bidder's Signature
PROJECT BED SCHEDULE
Item
Estimated
Item with unit price
Unit Price
Exteuddd
No.
Quantity
written is words
Amount
1.
10 ea.
Remove/dispose of parkway moos
® �itYTX Dollars
Cents
Per Each
2. ,
10 as.
Install root barrier
® %07t C7r"'-C `t - Dollars
$
boo
Cents
Per Each
3.
655 l.f.
Remove/dispose of curb and gutter
® S _ _ _ Dollars
s�
s4
Cents
Per 1. f.
4.
1815 B.f.
Remove/dispose, of P.C.C. driveway
Dollars
S Uxlx
Cents
Per s. f.
5.
2095 s. f.
Remove/dispose of P.C. C. sidewalk
® C7 Dollars
26
$
S
Cents
Per s. f.
6.
655 s.f.
Removeidispose of asphalt concrete
Dollars
S
S
Cents
Per s.f.
7.
6S5 1. f.
Construct P.C.C. curb and gutter
Dollars
O
Cents
Per 1. f.
C-Is
Item
)estimated
Item with unit price
Unit Price
Extended
No.
Quimtity
written in words
Amount
S.
1815 a. f.
Constmt P.C.C. driveway
®- TLA3 c) Dollars
$ 2
S 6 3 0
Cents
Per s.f.
9.
2085 s. f.
Construct P.C. C. sidewalk
® �.�.�N te. _� Dollars
s l ��o
s I3 Se
T Cents
Per s. f: .
10.
20 ton
Construct asphalt concrete
0 �--� +T Dollars
cents
-
Per ton
TOTAL AMOUNT BID IN FIGURES: S
TOTAL AMOUNT BID IN WORDS:
C-2s
MST 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 Name of Subcontractor and Address State License Class
o, f Work 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 furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WrM BID
State of California
ss.
County of Orange
MyM-L' iAg first duly s rn, deposes and says thhe r she is
of 9 �J U � ' the party making the foregoing
bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
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.
J k 3 kOvAc-- �� �•
Name of Bi er
bk�'�
Signature of Bidder
Address of Bidder
Subscribed and sworn to before me this -�O day of 4�. , 1993 .
NOTARY
NOTARY SEAL
C-4 JAMES T. DUNCAN
COMM. #955615
g e �► NOTARY PUBLIC . CALIFORNIA
ORANGE COUNTY +
My Comm. Expires Feb o, toga
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in
the contract, known as South Shores Street Rebabilitation, (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:
"Quallfled Person: A person who, by reason of experience or instruction, is familiar with
the operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: 9 -?_l- 93
IX6 ��byNc__
ontractor
By
C-5
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DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on
or completing a Federal, State or local government project because of a violation of law or a
safety regulation?
Yes No
If the answer is yes, explain the circumstances in the space provided.
NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-G
COMPENSATION INSURANCE CERTMCATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate and shall submit same to the
AGENCY prior to performing any work on this contract:
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date: q `fit — 9-3
A-6� v -
ontractor
Y
s, iTe
C-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133
a minimum of two working days before scheduled excavation.
Dig Alert IdeWcation Number
Contractor
Title
Date:
Note: This form is required for every Dig Alert Idenit cation Number issued by U. S.A. during
the course of the Work. Additional forms may be obtained from the AGENCY upon request.
C-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
1i
Business Address
9 ZG4 (O
964 - 44)5-(D
Telephone Number
s99-14( 14s
State Contractor's License No. and Class
G-30-9C)
-30-9¢
The work site was inspected by 'a) Ir-- of our office on 9- 19 - , 1993.
The following are persons, firms, and corporations having a principal interest in this proposal:
JoSP 1�0���
KoyP c,
C-9
The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their
ability, financially or otherwise, to perform the contract for the proposed work and
improvements in accordance with the plans and specifications set forth.
JAMES T. DUNCAN
� � ,•^ COMM. C855615
NOTARY PUBLIC - CALIFORNIA C
ORANGE COUNTY
M Y Comm. 9Wrft Feb e, less
9ro 4 - 4-(arb
Telephone Number
Subscribed and sworn to before me this )-Q day
NOTARY
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:
2.
0
Name and Address
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
Name and Address
Name and Telephone No. of Project Manager:
Contract Amount Type of Work ate Completed
Name and Address
Name and Telephone No. of Project Manager:
Contract Amount Type of Workate Completed
C-10
SHEETI.OFZSHEETS
CITY OFI-1UNTINGTONSEACH.CALIF. BID SUMMARY SHEET FOR; SOUTH SHCRES STREET REHABILITATION
L1 0 DEPARTMEN T OF PUBLIC WORKS
BIDS OPENED SPRT05021 19.33_ ENGINEERS ESTIMATE. 535,009.00 _ CCNa MSC-3-6- AHFP NO -
rN,�7sKIO+p.LN -
BIDDERS
J&B KOVAC, E.YG.
NOBFST, INC.
SULLY -MILLER
OAMON CONST. CO.
No
ITEMS OFWORK
QUA mrj TY
UNIT
7•MICg
AMOUNT
-RIC!
AMOUNT
/114GE
AMOUNT
PLAICE
AMOUNT
REMOVE/DI5PCSE CF PARKWAY TREES
10
EA
160.00
1,60C.00
195.00
$ 1 95C.00
130.00
S 1,300.00
S145.00
1,450.00
2
INSTALL ROOT 9ARRIER
10
EA
80.00
800.00
120.00
1,200-00
85.00
.650-00
350.00
3,50C.00
3
RE.%IOVr-/DISPCSE OF CLRS AND UTTER
655
L.F.
7.00
4,585.00
4.00
2, 620.00
5.00
3,275.00
5.00
3, 275.00
4
RE-%lCVE/DI52CSE OF P.C.C. ORI"-IE iAY
1815
S.F.
1.00
1,815.00
1-00
1,815.00
1.25
2,268.75
1.10
11996.50
5
RMVE/DISPOSE OF P.C.C. SIDEWALK
2085
S.F.
1.00
2,085.00
.60
1,251.00
.50
1,042.50
1.^5
2.189.25
6
PF-MOVE/DISPOSE OF ASPHALT X,�RETF
655
S.F.
1.00
655.00
2.00
1,310.00
.65
425.75
1.00
655.00
7
C.7fIS'rRUCT P.C.C_ CURB AMID GUI",rR
655
S.F.
12.00
7,860.00
11.00
7,205.00
13.30
8,711.50
15.00
9,825.00
8
CONSTRUCT P.C.C. DRIVEWAY
1815
S.F.
2.CO
3,630.00
2.40
4,356.00
3.50
6,352.50
2.50
4,537.50
9
:CKMUCT P.C.C. SME'WALK
2085
S.F.
1.60
3,336.00
1.60
3,336.00
2.20
4,587.00
I 2.00
4,17C.00
1G
C✓'NSTRUCI ASPHALT CCNC'RE':E
20
TCN
84�.00
I, 600.00
150.00
3,000.00
1120.00
21400.00
116.00
2, 320.00
V
I
TOTALS
S27, 966.00
$28, 043.00
531, 213.00
$33, 918.25
SHE FTZ—OF2—SHEETS
0 CITY OF HUNTINGTON SEACH,CALIF. BID SUMMARY SHEET FOR; SOUT4 SHORES STREET REHABILITATION
A' DEPARTMENT OF PUBLIC WORKS
BIOS OPENED 19!;,i ENGINEERS ESTIMATE $35,000.00 CCNo_:ISC-361 _ AHFP NO
BIDDERS
GAMING VIGJO PAVING
EXCEL PAVING CO.
No
ITFMS OF WORK
QUANTITY
UNIT
PRICE
AMOUNT
PRICE
YOyNT
PRICE
AYO UNT
IPRICE
•YQyN[
1
REVIOVE/DISPOSE OF PARKWAY TRESS
10
EA
$140.00
1,400.00
S140.00
5 1,400.00
2
INSTALL ROM ?AR M
10
EA
95.00
950.00
137.00 1,370.00
3
R£?".OVE/CISPCCc^. OF C"13 .AND GTI':ER
655
L.F.
3.40
2,227.00
8.00
f 5,240.00
4
I-EF-VVE/DISPOSE OF ?.."..C. DRIVEWAY
1815
S.F.
1.00
1,815,30
.70
1,270.50
5
RE'l VE/DISPOSE OF P.C.C. SIDEWALK
2085
S.P.
.75
1,563.75
.70
1,459.50
6
RE?10VE/DISPOSE OF ASPHALT CONCZET£
655
S.F.
1.00
1 655.00
1.18
772.DO
7
CC2STRCCT P.�.Z. ::IJR3 AND G=R
655
S.:.
17.6Q
11,528.00
17.70
lIr:93.50
3
C^_NP.C.C. DRIVEWAY
1615
S.F.
3.00
5,445.00
3.22
5,844.30
9
CONSTRUCT P.G.C. SIDEWALK
2085
S.F.
2.45
5,108.25
3.00
6,255.00
i0
CASPHAUx ^-0NC =
20
N
MIN-NS'�L'C:
165.00
3,300.00
117.00
21 340.00
1
TOTALS
$33, 992.00
$37, 545.70
9272-
HV^rPOC, -7O.� beAa-- j C,A - 9 Z 64t
SEP 21 8 30 hi '93
C� t C`f C,L-tom- 2rt� Imo- �c�o
2-000 Pia a s T •.
3ekt, CA. 92G45