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HomeMy WebLinkAboutJ. CARDENAS CONSTRUCTION - 2001-08-064 RECEIVED BY: CITY CLERK MCEIPT COPY' ReturriUPLICATE to Jeffrey Hughes (ext. 5260) (Name) after signing/dating `f lG-�n (Date) OT CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION � y TO: Shari Freidenrich, City Treasurer ,ATTN: Jim Slo ojan, Deputy City Treasurer ,y FROM: DATE: i° SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. . cw �Am cam�� � w , (Company Name) -----�i hcc)-4 r CC No. °1V MSC No. Approved 6� - & —()I (Council Approval Date) Agenda Item No. City Clerk Vault No "I to �A t;�. 75 h g1jah/bondletter.doc RECEIVED BY: CITY CLERK RECEIPT COPY• Return DUPLICATE to r>� ba r C�. Jeffrey Hughes (ext. 5260) (Name) o after signing/dating (Date) e CITY OF HUNTINGTON BEACH .� INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATT, N: Jim jS]llo�boojjan, Deputy City Treasurer 1oh FROM: ,J!� I �"'�'t DATE: US - 16 vz- SUBJECT: Bond Acceptance I have received the bonds for U _ CA" EVNs (0V 51vQV41,-N (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Ns c W_ A Re: Tract No. CC No. MSC No. 83(6s`IP Approved Agenda Item No. (Council Approval Date) CA 6(Z. (� (Z75 City Clerk Vault No. �• g:/jah/bondletter.doc Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk Recorder WHEN RECORDED MAIL TO: !111111.1 I!;II!L 1111'[;!!!1I;i11II!;I!11I 111111111 11111NO FEE CITY OF HUNTINGTON BEACH 2002028901912:05pm 04105/02 Office of the City Clerk 200 25 N12 1 P.O. Box 190 — 2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to J Cardenas Construction who was the company thereon for doing the following work to -wit: WSC-016 l� This project includes Water Meter Box Replacement Project. That said work was completed February 15, 2002 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 Director of Public Works on March 7, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Indemnity Company of California was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 31, Director of Public Works or City Engineer STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach } I David Webb 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. Dated at Huntington Beach, California, this 311 �laZ Director of Public Works or Z;it;_Itngineer WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 t_ a CITY OF HUNTINGTON BEACH 2600 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 19, 2002 County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, 4�0 90 ,G ooe� Connie Brockway, CIVIC City Clerk /jh Enclosure: Notice of Completion — J. Cardenas Construction — WSC-016 —Water Meter Box Replacement g:/followup/cashoont/=obce-lette2002.doc (Telephone: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to J Cardenas Construction who was the company thereon for doing the following work to -wit: WSC-016 This project includes Water Meter Box Replacement Project. That said work was completed February 15, 2002 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 Director of Public Works on March 7, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Indemnity Company of California was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this Direc-to-ro-fl5i lic Works or City Engineer STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) David Webb 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. Dated at Huntington Beach, California, this 3// vaz . 224. zjj� Director of Public Works or City ngineer WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Su ity NOTICE OF COMPLETION SUBMITTAL TO CITY CLERK'S OFFICE Hwt Bexh• Please transmit this form with the Notice of Completion to the City Clerk's Office. Please Note: the City Clerk's Office has 10 days from the COMPLETION DATE of the Project to file the Notice for recordation (per City Council Resolution No. 2002-10 adopted February 19, 2002). To: Connie Brockway, City Clerk x5404 1. Name of Company: J. Cardenas Construction 2. Contract Information: A. MSC 016 B. Date Project Awarded by Council: August 6, 2001 C. Corresponding Agenda Item No.: E-16 3. Date of Completion: March 7, 2002 liNN% ' d2— 1�-UL PLEASE INCLUDE: Rick Olson Ext 5351 Name/Extension March 15, 2002 Date Submitted to City Clerk's Office Attachment — Notice of Completion City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Rick Olson, Water Distribution Supervisor DATE: October 3, 2001 SUBJECT: Retention Release Payment Company Name: J. Cardenas Construction Address: P. O. Box 15938 City, State and Zip Code: Santa Ana, CA 92735-0938 Phone Number: (714) 541-1509 Business License Number:A222158 12/02 Local Address: N/A Notice of Completion Date: February 15, 2002 Contract Purpose: Retention Release Authorization The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on ct at this ti Date Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on file. S-►s-,)z Date Freidenrich, City Treasurer certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 5 /o v z,,-- a Connie Brockway, City Cl retention release memo 5/8/2002 5:03 PM a 02/27; 2002 18: 20 '7148433257 _ BEACH PROJECT M36 F)m-Na -and PAGE 05 City of14%4n tvn Beach Depatttneut of PubUc Works Poxt Office Box 190 Huntiagtaa Beach, CA 92648 5ubj=t: Certif3cation of Complia = with rkle VII of the CiW Rights Act and Equal Employment Qppaminity Act of 1972 Crcatleamen: The undlersiSned, contamew tm c. Pr*a No. hereby certifies that all laborers, mmchv ics, apprt ntices, tcaiwa, %viachmm and ,guards "loycd by Mn or by any subconimaor performing work under the mnftct on the project have tm paid ivaps =t antes not teas than d a t required by the contract provisions, and drat the work perfomied by each such lakmm, t cchartie, apprentice or trsAkec conformed to the classifications set forth in the contract -or tmL-ting progmm provisions applicabic to the image rate paid. c�U L LYE- Vn Si d `d Tctle Fi',IJ 41 MIJ'fill tJ J q 3'-1 02/27/ 2002 18: 20 714B433257 BEACH PROJECT PAGE 04 M ";: %iiG :,Xdcm 0 1 -nna Via, ci -Ibioi bEC .A1 T F SATISFACTF-- Qv Q state: I LM he general coml,%etot for %,%& C;iry of 14unfingtw, 5ach, -as to the project Mott fully dzSCA!)6d ir"611C VU contract entitlicd & 41CM:LkXt, and dated 2. All %%orkas and (ITIPIOYce, rill firms sup,?Iyinz m-st-tral.%, and all subooraractors for the above -mentioned projecthalm b*W PAd in ftlll, 3, The follolving vie efther *ws%tedd ClAimr, or gnwi, ?n mw=fion with Notices to Withhold, %vWch havc been filed under the provisions of the, statutes ofthe. State of California: (if nerve, autc 'NONEI RECEIVED DEPT. OF PUBLIC WORKS MAR 0 5 2002 WATER DIVISION HUNTINGTON BEACH, CA I declare under penalty of perjury that the fbrego4 is true and correct. Executed at on this day of LC6 VU.PnZ- t 5!WCw%MM2 C' telln' ci V-LO P412 01% H:)U.3E[ NULON UNM 4M5.9 INSCO INSURANCE SERVICES, INC. insc%ico Underwriting Manager for: �p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 MAINTENANCE BOND BOND NO.: 831654P(Duplicate orig.) Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT we, J. Cardenas Construction , as Principal, and Indemnity Company of California , a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Twenty two thousand, five dollars and no/00.—______________-________ ($ 22,005.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: Replace water meter box project #WSC-016 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or worlananship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 14th day of March 2002 YEAR Indemnity Company of California B.Y ew C. Welty Attomey-in-Fact A'PPRO TD A."- ' 3 70,12 ' GA'IL IETJ 'Tr'X, ID-1201 (CA) (One Year Term) (REV. 3/01) r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Riverside On March 14, 2002 before me, Veronica L. Pratt, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC personally appeared Matthew C. Welty ' NAMES) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), f y� v=°111",L m' ( -f or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand and offic' I se SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S 959D (4/94) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623.049) 263-3300 KNOW ALL MEN BY THESE; PRESENTS, that except as cxprasly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OI' CALIFORNIA, do each severally. but not jointly, hereby make, constitute and appoint: ***GEORGE J. BURCHFIEL, MATTHEW C. WELTY, VERONICA L. PRATT, SUE BURCHFIEL, JOINTLY OR SEVERALLY*** as dtc true and lawful Attorneys) -in -Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds. undertaking's and contracts of suretyship giving and granting unto said Auomcy(s)-in-Fact lull power and authority to do and to perfomi every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and rcvtx:atiou, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confined. This Power ul' Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVE•LOPi:RS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OFCALIFORNIA, effective as of November I, 2000: RESOLViD, that the C'haimtan ul'the Boanl, the President and any Vice President of (hc corportlion be, and that cash of them hereby is, authorized to execute powers of Attorney, qualifying the attomcy(s) named in the flowers of Attomcy to exceutc. on bchall'ol'the corporations. bonds, underlakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of' such officers may be affixed to any such Power of Attorney or to any certificate relating thcrclu by facsimile, and any such Power ol'Auurncy or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undcrtaking or cuntracl of suretyship io which if is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presenls to be signed by their respective Executive Vice President and attested by their respective Secretary this V day of November, 20M. Bv: David H. Rhodes, Executive Vice President r1 11y:...... — Walter A. Crowell, Secretary STATI; OFCALIFORNIA ) )SS. COLNTY OF ORANGE } ? ••`` ipY AND ti• O SEAL 's 1936 .10 �'•. /OW P %•• ) COMPANY 0 :A GOPPOR�T O w� OCT.5 p 1967 z 2 g c-10Foa�`P / On November R, 2(X)O, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (ar proved to me on the basis of satisf story evidencel to be the persons whose names are sabscribcd to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of'which the persons acted, executed the instrument. WITNESS my hand and official scat. Signature-- C'ERTIFICATF: M E J. KA! YATA N0WY PUeUG-CALF0W n ORANGE COUNTY My Garrott. EV. Jun 8, 200Z The undersigned. as C'hicl'Operating Officer of DEVELOPERS SURF,TY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomcy remains in full force and has not been revoked, and litrthcmtorc, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ol'Attomcy, arc in force as of the date of this Certificate. This C'crtificatc is executed in the City of Invine, California, the 14th .. day of March — 2002 By Dot id G. Lana, t'hicf Operating Officer — ID-1380 (111;00) a `Kx COUNTY OF LOS ANGELES W REGISTRAR-RECORDER/COUNW CLERK s �< �b 12400 IMPERIAL HWY. - P.O. BOX 53592, NORWALK, CALIFORNIA 90650 - (662) 462-2177 CONNY B. McCORMACK REGISTRAR-RECORDER/COUNTY CLERK Certificate of the Clerk in Re -Surety (1057A C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, Conny B. McCormack, Registrar-Recorder/County Clerk for the County of Los Angeles of the State of California, do hereby certify: That IMEMNITY CCMPANY OF CALIFOPMA has been certified by the Insurance Commissioner of the State of California as an insurer admitted to transact Surety Insurance in this State, as required by Sections 12070 to 12072 of the Insurance Code. I further certify that according to the records in this office, said authority revoked, cancelled, annulled or suspended. IN WITNESS WHEREOF, I have hereunto set my hand California, for the County of Los Angeles this 27th day of _ CONNY B. Registrar-R affixed the seal of the State YrEMBE t 20 01 Clerk . Hayes Deputy R1265 3/01 ;, #& CITY OF HUNTINGTON BEACH `aL-1 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: October 9, 2001 TO: J. Cardenas Construction ATTENTION: Javier Cardenas Name 14221 Whispering Sands Drive DEPARTMENT: Street Vi etprvi l l e, CA 92392 REGARDING: Construction Contract City, State, Zip WSC-016 See Attached Action Agenda Item E-16 Date of Approval 08/06/01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: R. Beardsley DPW x x x bonds Name RCA Agreement Insurance R. Olson DDepPW bonds Name Department RCA Agreement Insurance Other S. Freidenrich Tress. x bonds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza Risk Mgmt. x x Name Department RCA Insurance L (Telephone: 714-536.5227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND J. CARDENAS CONSTRUCTION FOR THE INSTALLATION OF WATER METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT, made and entered into this 6th day of August 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and J. CARDENAS CONSTRUCTION, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the installation of meter box replacements at various locations in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to 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 in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully 01 agree/meterbox/7 / 10/01 completing the work within the stipulated time and in the manner shown and described in this AGREEMENT, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as they are actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this AGREEMENT and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this AGREEMENT based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this AGREEMENT by this reference, with the same force and effect as if the same were set forth at length 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; 01 agree/meterbox/7/10/01 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition including 2001 supplement, of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of 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 that is in conflict herewith. 01 agree/meterbox/7/10/01 3 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 Two Thousand Five Dollars ($22,005.00), as set forth in the Contract Documents, to be paid as provided in this AGREEMENT. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute the PROJECT to completion within thirty (30) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this AGREEMENT. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this AGREEMENT and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this AGREEMENT. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 01 agree/meterbox/7/10/01 4 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by 6= When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work 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 CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 01 agree/meterbox/7/10/01 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 of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent 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 of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this AGREEMENT including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 01 agree/meterbox/7/10/01 6 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the AGREEMENT), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. 01 agree/meterbox/7/10/01 7 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 no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify 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. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this 01 agree/meterbox/7/10/01 8 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 CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this AGREEMENT. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be 01 agree/meterbox/7/10/01 9 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 DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined 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 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 a acceptance of any part of the work. 15. 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. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this AGREEMENT, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, 01 agree/meterbox/7/10/01 10 all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in 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. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including but not limited to concurrent active or passive negligence, those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. 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 01 agree/meterbox/7/10/01 11 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. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance 01 agree/meterbox/7/10/01 12 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; 3. promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 0 1 agree/meterbox/7/1 0/01 13 A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its agents, officers, employees and volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged 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. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this AGREEMENT, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this AGREEMENT shall be delivered to CITY and become its sole property at no further cost. 01 agree/meterbox/7/10/01 14 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this AGREEMENT, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT. No officer or employee of CITY shall have any financial interest in this AGREEMENT in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative 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. 27. 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. 01 agree/meterbox/7/10/01 15 28. 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. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's fees. 01 agree/meterbox/7/10/01 16 v" 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. J. CARDENAS CONST UCTION, a sole CITY OF HUNTINGTON BEACH, a proprietorship municipal corporation of the State of i� / r t, California By: l ie denas, proprietor qa-u� MayW REVIEWED AND APPROVED: ATTEST: City dministrator City Clerk APPROVED AS TO FORM: o City Attorney7O D APPROVED: to Direc r of Public Works 01 agree/meterbox/7/ 10/01 17 SECTION C PROPOSAL for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 97 Remove and replace City furnished Water Meter Box in existing sidewalk, per City of Huntington Beach Standard Plan 217. $ $ 86 @cva Dollars �t N Cents Per ea. 2 2,800 Remove and replace concrete sidewalk, per City of Huntington Beach Standard Plan 217. $ ( .30 $ r- @�i Dollars AA1_0 6G< l 60----------- Cents SF Per SF Total Amount Bid in Figures: $ 'Z� Total Amount Bid in Words: - o!l Note: Construction Change Orders (additive or deductive) Shall be Based Upon Unit Price. C-2 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 IND 86 AD in the amount of $ 7 2"which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. F=rtion Name and Address of Subcontractor State License Class Number N p, NIX N By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange JAvttR C4& CN4f , being first duly sworn, deposes and says that he or she is O '-IN /Z of Cif(lQS GdyS v� 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. MATTHEW C. WELTY COMM. #1294782 # NOTARY MM-CAUPOR M RIVERSIDE COMY My Camp. Exp. Feb. A 2W5 rr■r■r�rrwvrr■ ■ i. roo C�o6�) Name of idder Si e dde-ry ILIZZI VICJ 2AVJ Lam, CA ct?wZ Address of Bidder Subscribed and sworn to before me this � day of ,_a_ , 2000. NOTARY PUBLIC - NOTARY SEAL C-5 UTILITY AGREEMENT 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 the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: (56 - P7 — O / 'S- CAje zxgg upr S C&r j Sj CCjC#0A) Contractor nCA-3 X_fc� Title C-6 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 O 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 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: 06- ?7- Q I S. �.� �P�criu•4cS �1ivS7`•�C1lO�V Contractor 75;< [11Ee cA.e-o ��tj ©W AIel-:,� Title 5— BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: S- C A 4317 E.u/-T Cd-OU S Z-A- c7tOA' -� Bidder Name f�i/o7b7 t Cs�.3 rfij/'S Phi '�n,6cS �•u GtS Business Address City, State Zip (7/4/) 5V-16ilas Telephone Number State Contractor's License No. and Class 48A8 9 Original Date Issued Ck3 -:3/-0 Expiration Date The work site was inspected by ZSAVIF? C14R0jFAfAAour office on 06-- a 6, , 2000. The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature Subscribed and sworn to before me this 2-7 day of JaPt , 2000. NOTARY PUBLIC -a E A 2 i9 690 J, Ark PbL,%(t D & ri � PT 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: Name and Address of Public Agency Name and Telephone No. of Project Manager: 739- V81 .1;t 2. C /-/- Name and CGG�� of Public Agency Name and Telephone No. of Project Manager: /*AJ - GK5,A&72 E no100-0 IeR. S PkLek Contract Amount Type of Work 3. LA'evC1 �"%' a XXY03 Name and Address of Public Agency Date Completed and Telephone No. of Project Manager: Sff twny 'As-call5g4 9V9 5`17- z/a�l� 60,000 4- /NS{CL-Gp-LC a Oa-01 Contract Amount Type of Work,4,,,,,,� lam (- Date Completed 0* /, 41 fax C-11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of U E aq P l 6 County of d? 5yel�S/-per On 2 7- 011 before me, — & A� C , (-) F L—T X , DATE `` NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTAKY PUBLIC - personally appeared NAME(S) OF SIGNER(S) ❑ personally known to me - OR XP roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized r„_,,,......,......y...�..--------� capacity(ies), and that by his/her/their MATTHEW C. WELTY I signature(s) on the instrument the person(s), COMM. 01294762 N0TM'K"-QftlF=M or the entity upon behalf of which the Y% �SI°ECt-"2 acted, executed the instrument. tib cam. E*. Feb. 20, person(s) WITNESSifiv hand and-G icial seal. OPTIO Though the data below is not required by law, it may fraudulent reattachmedt of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYpES) SIGNATURE valuable to persons relying on the document and could prevent DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S 959D (4/94) ACORN CERTIFICATE OF LIABILITY INSURANCE e Ra2 °AT owlVo;°"Y, vaoouceR I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Na�ck &Dean / InterWest HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 401 Wait Avenue �(r 1� j J , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i lJl` vJ�1 Sacranlcnto, CA 95864 � _ COMPANIES AFFORDING COVERAGE ComApany State Compensation Insurance Fund wsur�D Company ResourceB _......_._ _........... _........_._ ...... _ _.._ _..._ _......___.... 160 Chesterrield Drive Company Cardiff by the Sear CA 92007 C »_ _ __._ _.........._. _....__._..._-.-.__..»._._. Company D COVERAGES TEAS IS TO CERTIFY TNAT Tl-IE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOA THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT14 RESPECT TO W MCH THYS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL rrM TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO -'-'."... _'•"-...__...._-� POLICY EFFECTIVE POLICY EXPIRATION LT TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMOWM LIMITS GENERAL LIABILITY I 1 GENERAL AGGREGATE S PRODUCTS-COMP/OP AGG S COMMERCIAL GENERAL. LIABILITY CLAIMS MADE Cl OCCUR. PERSONAL 6 ADV INJURY S EACH OCCURANCE _� S OWNER'S & CONTRACTOR'S PROT I M_ S FIRE DAMAGE (Any oneirc) I MED EXP (Any one peISM) S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO ALL AUTO SCHEDULED AUTOS BODILY INJURY (Per perM)HIRED INJURY S S AUTOS FROM AS TFORM:,BODILY NON-OWNEOAUTOS G TL HUTTON, Attorney.(Perzodden) iity $ ; Deputy City AttornoY I . PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ I ANY AUTO i I i OTHER THAN AUTO ONLY; - 1 I I I . . EACHACCIDENT ( � AGGREGATE S S EXCESS LIABILITY I �i EACH OCCURANC£ i UMBRELLA FORM j i -- AGGREGATE OTHER THAN UMBRELLA FORM j S WORKERS COMPENSATION AND ; I EMPLOYERS' LIABILITY I A I 1.604493-00 11./11/2000 I 11/11/2001 X WC sr;TU OTH- ""1 �013Y-uMLTS EL EACH ACCIDENT-- - $1,0011,000 S 1,000,000 THE PROPRIETOR/ INCL I EL DISEASE - POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE, EXCL ! I R OTHER I i EL DISEASE - EA EMPLOYEE S 1.000,000 DESCRIPTION OF OPERATIONSNEHICLESISPECIAL ITEMS CI,IF.NT: J. CARPENAS CONSTRUCTION License No.: 563 ONLY EMPLOYEES OF EMPLOYERS RESOURCE AS LONG AS T1iEY ARE PERFORMING NVORK WITHIN THE NATURE AND SCOPE OF THEIR EMPLOYMENT ARF. INSURED UNDER EVIDENCE OF COVERAGE PROVIDED. RF- WATER METER BOX REPLACEMENT. PROJFCT WS,C-016 CERTIFICATE HOL:DF-R City of Huntington Beach I Attn: Rick Olson 2000 Main Street Huntington Beach, CA 92648- ACORD 25-S(1/95) CANCELLATION'.-. to drys for Book-p lyMflt Of premiam SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL MAIL —SO' --DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAME TO THE LEFT, I AUTHORIZED REPRESENTATIVE William O'Keefe AOORD CORPORATION INN . l SEP-13-2001 16:24 99% P.02 r� 5EP-13-2001 THU 11:14 AM CalBond t909 371 2027 P.002/002 ACOR ,,. CERTIFICATE OF LIABILITY INSURANCE TOATI!(MMMDNY) l PRODUOIR ", CALBOND SURETY INSURANCE �'Ij�lj C 400 SOUTH RAMONA SUITE 4205 V��� CORONA, CA 91719 FAX 909 371-2027 + THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INSURED JAVIER CARDENAS DBA: J. CARDENAS CONSTRUCTION 14221 WHISPERING SANDS DRIVE VICTORVILLE, CA 92392 INSURERA.. GOLDEN EAGLE INSURANCE CORP. INSURERS INSURER INBURER0. INSURER I. r;LTilf/wl-7.Trg3I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Imak R TYPE OF INSURANO! POLICY NUMBER F e wxl LIMITS A GBNIML LIABILITY }{ COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR CCP-689313-00 05/29/01 05/29/02 EACH OCCURRENCE $1 0 0 O 0 0 0 FIRE DAMAGE"aneN.) $10 0 000 MED EXP M om pwoDN e 51000 SADVINJURY sli,0001.000 -PERSONAL GENERAL AGGREGATE s2,000,000 GEML AOOREOATE UMIT APPLIES PER. X POLICY F7 PR F7 LOC PRODUCTS - CONPIOP AGO 11,000,000 A AUTOMOBILE LIMILITY ANY AUTO ALL OWNEOAUTOB X BCHEDULEDAUTOS X HIREDAUTOR X NON'OWNED AUTOS CCP-689313-00 05/29/01 05/29/02 OOMB)NED BIN3LE LIMIT R..etl r;om S 1, 0 0 0, 0 0 0 BODILY INJURY (PervanoN = BODILY INJURY (Per) s PROPERTY DAMAGE 0�.tioa1d°"J _ com /colt $500 CARA96 LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTNER THAN EA ACC AUTO ONLY: ,KGB S S EXCESSUMILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION S AP GA By: PROVED AS TO IL Hti T ON , Deputy City FOR City A OT Attorney EACH OCCURRENCE S EGATE S s S S WORKBRB COMPENSATION AND EMPLOYERS' LIABILITY TV E.L. EACH ACCIDENT S EL DISEASE . EA EMPLOYEE S E.L DISEASE - POLICY LIMIT S A OTHER INLAND MARINE CCP-689313-00 05/29/01 05/29/02 SCHEDULED EQUIPMENT — $142,935 MISC TOOLS-$10 000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLEIIEXCLUBIONS ADDED BY INDORSIMINT/SPECIAL PROVISIONS CERTIFICATE HOLDER, ITS AGENTS, OFFICERS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED PER THE ATTACHED FORM. PROJECT: WATER METER BOX REPLACEMENT PROJECT— WSC-016. CERTIFICATE HOLDER I X I AnmTnwu_ muuon. Iuauson I2Ra - CANCFI I ATInN SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE OMOELLeD BEFORE THE EXPIMTION CITY OF HUNTINGTON BEACH DATE THIReOP, THE ISsuma INSURER WILL TOREM OR'TO'MAIL 0* DAYS WRRTEN ATTN : PUBLIC WORKS DEPARTMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 MAIN STREET P.O. BOX 190 HUNTINGTON BEACH, CA 92648 AUTHOR D RES Vi DP 09.13.01 ACORD 26-e (7197) SEP-13-2001 11:41 & -in hdV uniina pnia! algmi 909 371 2027 96: 9ACORD CORPORATION 1035 P.02 4 INSCO INSURANCE SERVICES, INC. Issued in one original counterpart Ir'15CQjc0 Underwriting Manager for. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 PERFORMANCE BOND — PUBLIC WORK Bond No. 831654P $ 440.00 premium is for contract term and is subject to adjustment based on final Contract Price. KNOW ALL MEN BY THESE PRESENTS: That we, J. Cardenas Construction As Principal, and Indemnity Company of California , a corporation duly authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety, are held and firmly bound unto City of Huntington Beach't ;T7021 City A �G LLfiZxLL% �'itb naA y As Obligee in the full and just sum of Twenty two thousand, five dollars and no/00 --------------------------------------------------------------------------------------------------------- Dollars, ($22,005.00 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas the above bounden Principal has entered into a contract, dated , 2001 , with the Obligee to do and perform the following work, to -wit: venR Water Meter Box replacement project - WSC-016 as is more specifically set forth in said contract, to which contract reference Is hereby made; Now therefore, If the said Principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full -force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 13th day of August 2001 YW J. Cardenas Construction Indemnity Company of California Principal C. ID•1219 (CA) (REV. ?J01) AYtomey-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Riverside On August 13, 2001 before me, Veronica L. Pratt, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC personally appeared MATTHEW C. WELTY NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the - viRo�vi{,H °yA,tT person(s) acted, executed the instrument. COW #1191M Cr /•Y:�sl .-. N(IiP,RY PUBLIC - CALIFORNIA O U� RIVERSIDE COUNTY ?4CWn,Expftvspuq.28,W__ WITNES my hand and official seal. L SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERBON(S) OR EN 1TY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S 9590 (4/94) 4G',L INSCO INSURANCE SERVICES, INC. Issued in one original counterpart 'n •� `� ers Surety an Manager for: Developers Surety and Indemnity Company e e Indemnity Company of California 17780 Fith, Suite 200 • Irvine, California 92614 • (949) 263-3300 PAYMENT BOND — PUBLIC WORK Bond No. 831654P Premium included in Performance bond KNOW ALL MEN BY THESE PRESENTS, That J. Cardenas Construction APPP'G I) AS TO F()Ak al GA;L RUTTON, City Attorney EY: Deputy City Attorney , as Principal, and Indemnity Company of California , a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach , as Obligee in the sum of Twenty two thousand, five dollars and no/00 --------------------------------------------------------------------------------------------------------- Dollars ($22,005.00 1 for the payment whereof, in lawful money of the United States, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, Jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas, the above bounden Principal has entered into a contract, dated 2001 , with the obligee to do the following work, to wit: vow Water Meter Box replacement project - WSC-016 Now, therefore, if the above bounded Principal, contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of Califomia, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the Surety on this bond will pay the same, In an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, and attorney's fees to be taxed as costs in said suit. This bond shall Inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of Califomia as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 13th day of August 2001 YEM J. Cardenas Construction Principal ID-1210 (CA) (REV.1/01) Indemnity Company of California surety CALIFORNIA State of California County Of Riverside A0RNOWLEDUMEN1 On August 13, 2001 before me, Veronica L. Pratt, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. JANE DOE, NOTARY PUSLIC- personally appeared MATT W C. WELTY NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the �:✓ vE91ov�cA PRATTperson(s) acted, executed the instrument. . - Comm NOTARY PUBLIC -Crti;-CFNW C RIVERSIDE COUNTY WITNESS my hand and off' ial s I. !Ry Comm. Expires Aug- 28, 20C2 SIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM EM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONM OR ENrrtYOEM DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S 959D (4/94) POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRV1Nr. CA 92623 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY ANI) INDEMNITY COMPANY" and INDEMNITY COMPANY OF CALIFORNIA, do each severalty. but not jointly. hereby make, constitute and appoint: ***GEORGE J. BURCHFIEL, MATTHEW C. WELTY, VERONICA L. PRATT, SUE BURCHFIEL, JOINTLY OR SEVERALLY*** . % the true and lawful Attorneys) -in -Fact. to make, execute, deliver and acknowledge, fur and on behalf of said cotporations as sureties, bonds, undertaking, and contracts of suretyship giving and granting unto said Attorncy(s)-in-Fact full power and authority w do and to perfumt every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations fill power of substitution and revocation, and all of the acts of said Alfomcy(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Altomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the nspeciivc Hoard of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, cftcctivc as of November 1, 20(H): RESOLVED, that the Chairman of Utc Board, the President and any Vice President of the corporation be. and that each of them hereby is. authorized to execute Powers of Attorney, qualifying the atturricy(s) named in the Powers ol'Atlomey to execute. on behalf of the corporations. bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such ofliccrs may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and anv such Power ofAuorncy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to anv bond, undertaking or contract ofsurelyship to which it is attached. IN WITNESS WHERL'OF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 811° day of November, 2000. By: 1 David H. Rhodes, Executive Vice President k1k Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) ,oP�Y AND jNO•.,, Goa SEAL ?. 1936 50 •. K/MpANyO� GO�O kpo C��' W� ? ocT.s p 1967 2 7 s \ °g41FO P / On November H, 2(H)O, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person.% whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WIT14ESS my hand and official seal. Signature. CERTIFICATE DIANIEJ.ffAWATA COMM. M11WIM 7 1WIJIR KOUC-CALFORM a ORANGE OOUM Y cann,Eq. J&L8,2M The undersigned. as Chicl'Operating Ofliccr of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY" COMPANY OF CALWORNIA, does hereby certify that the foregoing. Power of Attomcy remains in full force and Ica% not been revoked. and tiarthcrntore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomcy. arc in force as of the date of this Certificate. This C'ertifrcatc is executed in the City of Irvine, California, thel3th day of August _ , 2001 mil. By - caDavid Ci. Lana Chief Operating Officer ID-1380 0 1,`00) 09/07/2001 14:20 909-371-2027 CALBOND INSURANCE PAGE 02 ---------- iix�w VLUU LIL--rWAL.E: PAGE 01 No. 5466 STATE OF-CALIFORMA DEPARTMENT OF INSURANCE SA FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of Me State of California, Indemnity Compmay of Ca4forala Of Irvine, California, organized under the laws of California, subject to its Anicles of Incorporation or other flodawatal organizational docurnerlts, is hereby authorized to irawaa within this Suite, subject to All provisions of this Cert ficale, the following classes of insurance: Surely as such classes are how or may hereafter be defined In the Insurance Laws of the State of Cal{ foma.: THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being InAll compliance with all, and not in violation of any, of the applicable laws and lawful requiremefi'U made under authority of the law4 of the State of California as long as such laws or requirements are in effeci and applicable, and as such laws and requirements now are, or may hereafter be chaged Or amended. Fee $77.00 Roe. NQ, 486211 Ffled 10/20189 IN WITNESS WHEREOF, effective as of the 10th day of June, 1991,• 1 have hermwo set not hand and caused my offidal seat to be affwd this loth day of June, 1991. By Certification John Garamendi Inawame Coomtssionff Victoria S. Sidbuiy Dv�o, 1, the undersigned Inwranee Commissioner of the State o, f 'Cakfbmia, do hemby certify That I have colnp=d the CaboVe conv of Cer9f e&, nfAuthnrity uu11H ll+s, ekenli—Ton ..f....�..;..--1 •--�.• ,-- nr_ :_ .__. _rc_ o �� CCG-M7-7AR1 14:17 9G19 171 7A77 Qom' 10/01/2001 11:39 909-371-2027 CALBOND INSURANCE PAGE 02 COUNTY OF LOS ANGELES REGISTRAR-RECORDER/COUNTY CLERK 12400 WEPJAL HVW, - PA. BOX 53682, NORWALK, CALVORNIA 60680 - (5W) 482-2177 i CONNY B. MCCORMACK R5MsTRAR•Re=Dmc(x mCLERK Certificate of the Clerk in Re -Surety (1057A C-C F-) STATE OF CALIFORNLA, COUNTY OF LOS ANGELES I, Conny B. McCormack, Registrar-Recorder/County Clerk for the County of Los Angeles of the State of California, do hereby certify: That INDEMNM COMPANY OF CALIFUEMM has been certified by the Insurance Commissioner of the State of California as an insurer admitted to transact Surety Insurance in this State, as required by Sections 12070 to 12072 of the Insurance Code. I further certify that according to the records in this office, said authority revoked, cancelled, annulled or suspended. IN WITNESS WBEREOF, I have hereunto set my hand California, for the County of Los Angeles this 27th day of - CONNY B. By: C affixed the seal of the State c ETEME t .2001. MACK 'County Cleric . Deputy . Raves R1263 M 1 cc 0 nn i C ECE1VcD CII'Y CLEV'li ClTY Op HUNTINGTON BILACH, CA 2001 JUN 21 P I. 3 b �� �� l 0,K .. V INSCO INSURANCE SERVICES, INC. �R�C�lco Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17760 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-Woo BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, J. Cardenas Construction BOND NO. 21295-04 as Principal, and Indemnity Company of California a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of ten percent of amount bid Dollars, ($10% of amount bid ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Water Meter Box Replacement #WSC-016 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, or in the event of the failure of the Principal to enter such Contract, 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. Signed and Sealed this 26th day of June 2001 versa Indemylity Comp f California Sure By: _ tthe . elty _ Attomey-in-Fact r' ID-1198 (Bid Bond) (REV. 1/01) CALIFORNIA ALL-PURPOSE State Of California County Of Riverside On June 26, 2001 before me, Veronica L. Pratt, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared MATTHEW C. WELTY NAME(S) OF SIGNER(S) N personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), F.��.�.t or the entity upon behalf of which the �.RuN!! A L. PRATT r". " PuailG-GAIfORNIA person(s) acted, executed the instrument. RIVERSIDE COUNTY o �Y Comm. Expnes pug. 2B, 2002 j_ WITNES my hand and official SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL N ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S 959D (4/94) POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300 KNOW ALL MIiN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDFMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally. but noijointly. hereby makc, constitute and appoint: ***GEORGE J. BURCHFIEL, MATTHEW C. WELTY, VERONICA L. PRATT, SUE BURCHFIEL, JOINTLY OR SEVERALLY'`' as the true and lawful Attorncy(s)-in-Fact. to makc, execute, deliver and acknowledge, for and on bdtall'o1'said corporations as surctics, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perforrtt every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporation., fill power of substitution anti revocation, and all of the acts ol'said Atlontey(s)-in-Fact, pursuant to these presents, are hereby ratified and continued. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, ci cclivc as ol'Novcmbcr 1, 20(H): RESOLVED, that the Chairman of the Board, the President and any Vice President ol'the corporation be, and that each of them hereby is, authorized to exectnc Powers of Attorney. qualifying the attornev(s) named in the Powers of Attorney to execute. on behalf ol'the corporations. bonds, undertakings and contracts of suretyship, and that the Secretary or anv Assistant Secretary of the corporations be, and each of them hereby is, authorized to attc-st the execution ofany such Power of Attorney: RESOLVED. FURTHER, that the signatures ol'such officers may be affixed to any such Power of Attorney or to any certificate relating therclo by facsimile, and any such Power ofAttumcy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so aflixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is arrached. IN WITNESS WHI:RI;OF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY Of CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this gar day of November, 2000. By: �: `ZY AND David H. Rhodes, Executive Vice President Q<G•,,...........,,•O� .J,�OptF01�y;�:Jy$ '¢-' SEAL ' -c ; 1936 JO o Wafter A. Crowell, Secretary STATI; OF ('.ALIFORNIA ) )SS. COUNTY OF ORANGE ) GONtPANY O� w= OCT.5 �� Y' O 1967 z z s OF On November R, 2(100, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (Or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNFSS my hand and official seal. Signature.--, ignature.-- -- ... .. _..--- CERTIFiCATE ant+le a. tcawaTA COMM. Mf 1e7M 7 1401ItRYPUBLIC-CAIfORN1t m ORANGE GOUNW my t,la4.Jm.(t,20M The undersigned. as C'hicf Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY CO.%•1PANY OF CALIFORNIA, does hereby certify that the foregoing Power ofAttorney remains in full force and has not been revoked, and tinrthernnxe, that the provisionsof the resolutions of the respective Boards of Directorsol'said corporations set forth in the Power ol'Attomey. arc in force as ofthc date ol'this Certificate. This C'crtiticute is executed in the City of Irvine, California, the26th By David G. Lane, ChicfOperating Officer day of_ June - 2001 1D-1380 (1 V001 Council/Agency Meeting Held: —3-0) Deferred/Continued to: )kAp ved ❑ Conditionally Approved ❑ Denied lki. ClItSignature Council Meeting Date: August 6, 2001 Department ID Number: PW 01-067 CITY OF HUNTINGTON BEACE REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, City Administrator oVal PREPARED BYCMOBERT F Award Construction Contract for the Water Meter Bdx Replacement Project; WSC 016 SUBJECT: BEARDSLEY, Director of Public Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On June 4, 2001, the City Clerk received and opened bids for the Water Meter Box Replacement Project and the project now stands ready to award. Funding Source: Water Operating Fund $35,000 is budgeted in Water Meters, Account 50685805.83700. Recommended Action: Motion to: 1. Accept the low responsive/responsible bid submitted by J. Cardenas Construction for the Water Meter Box Replacement Project; and 2. Authorize the Mayor and City Clerk to execute a construction contract between the City of Huntington Beach and J. Cardenas Construction in substantially the same form as the attached sample contract, including required insurance and upon approval as to form by the City Attorney, in the amount of $22,005; and 3. Authorize the Director of Public Works to expend a total of $35,000, including the contract amount of $22,005, change orders in the amount of $2,200.50, and supplemental expenditures of $10,794.50 Alternative Action(s): Cancel the construction project or authorize the rebidding of the project. N o o = c z -e rr D +� � c1 o o n� l� n REQUEST FOR COUNCIL ACTION MEETING DATE: August 6, 2001 DEPARTMENT ID NUMBER: PW 01-067 Analysis: The purpose of this project is to replace damaged or broken water meter boxes, thereby reducing the potential liability caused by such meter boxes. The project targets water meter boxes located in the sidewalk at various locations throughout the City. On June 4, 2001, the City Council approved plans, specifications and a sample contract, and authorized the Director of Public Works to request bids for the Water Meter Box Replacement Project. On June 27, 2001, bids were received and publicly opened by the City Clerk. The engineer's estimate for this project was $30,000. Summarized below, in order of least dollar amount, are the bids submitted to the City: 1. J Cardenas Construction 2. W.A. Rasic Construction 3. C.J. Construction 4. J.A. Salazar Construction $22,005.00 $31,738.00 $35,730.00 $47,950.00 Environmental Status: The project has been reviewed and determined to be Categorically Exempt pursuant to the California Environmental Quality Act Section 153010. Attachment(s): RCA Author: R. Olson:jm 01-067 August 6, Olson (Meter Box Replacement Award).doc -2- 7/27/01 3:30 PM ATTACHMENT #1 Location Index DISTRICT 163 DISTRICT 262 16946 Coral Cay Dr. 7621 Vantage Dr. 16956 Coral Cay Dr. 7622 Vantage Dr. 3575 Courtside Ln. 7631 Vantage Dr. 3585 Courtside Ln. 7632 Vantage Dr. 3602 Courtside Ln. 7642 Vantage Dr. 16972 Marinabay Dr. 7662 Vantage Dr. 7672 Vantage Dr. DISTRICT 189 17612 El Nopal DISTRICT 339 17632 El Nopal 19815 Deep Harbor Dr. 17642 El Nopal 19685 Seacliff Ln. 6901 Via Angelina 19691 Seacliff Ln. 6911 Via Angelina 19696 Seacliff Ln. 6912 Via Angelina 19715 Seacliff Ln. 6931 Via Angelina 19721 Seacliff Ln. 6892 Via Carona 6891 Vista Del Sol DISTRICT 434 6902 Vista Del Sol 8582 Salt Lake 6911 Vista Del Sol 8591 Salt Lake 6921 Vista Del Sol 8601 Salt Lake 6932 Vista Del Sol 8662 Salt Lake 8671 Salt Lake DISTRICT 199 8691 Salt Lake 18031 Cliffview 8692 Salt Lake 6551 Lakeview 19561 Topeka 6561 Lakeview 19591 Topeka 6571 Lakeview 19632 Topeka 18021 Shoreview 18022 Shoreview DISTRICT 456 18011 Upperlake Cr. 9561 Erskine Dr. 18042 Upperlake Cr. 9571 Erskine Dr. 18061 Upperlake Cr. 9591 Erskine Dr. 18072 Upperlake Cr. 9602 Erskine Dr. 18011 Westlake Cr. 9611 Erskine Dr. 18021 Westlake Cr. 9621 Erskine Dr. 18022 Westlake Cr. 9501 Friarscourt 18041 Westlake Cr. 20761 Glencairn 18042 Westlake Cr. 20722 Hunter Ln. 18051 Westlake Cr. 20742 Hunter Ln. 18061 Westlake Cr. 20772 Hunter Ln. 18071 Westlake Cr. 9582 Jura Dr 18081 Westlake Cr. 9841 Kite Dr. 18091 Westlake Cr. 9901 Kite Dr. 18092 Westlake Cr. 9911 Kite Dr. 18101 Westlake Cr. 9912 Kite Dr. 18102 Westlake Cr. 9922 Kite Dr. 18111 Westlake Cr. 20702 Queens Park Ln 18112 Westlake Cr. 20871 Queens Park Ln 20872 Queens Park Ln DISTRICT 262 20931 Queens Park Ln 7532 Vantage Dr. 20941 Queens Park Ln 7551 Vantage Dr. 20891 Woodlea 7572 Vantage Dr. 20901 Woodlea 7601 Vantage Dr. Annendix 1 ATTACHMENT #2 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF WATER METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT, made and entered into this day of 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and , a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the installation of meter box replacements at various locations in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to 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 in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, 01agree/met:rbox/5/1/01 1 SAMPLE - 3 except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this AGREEMENT, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as they are actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this AGREEMENT and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this AGREEMENT based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this AGREEMENT by this reference, with the same force and effect as if the same were set forth at length 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; �i 30 01 agree/meterbox/5/1 /01 2 SAMPLE C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition including 2001 supplement, of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of 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 that is in conflict herewith. 01agree/meterbox/5/1/01 3 r 3� SAMPLE }� 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this AGREEMENT, subject to any additions or deductions made under the provisions of this AGREEMENT or the Contract Documents, a sum not to exceed Dollars (S ), as set forth in the Contract Documents, to be paid as provided in this AGREEMENT. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute the PROJECT to completion within working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this AGREEMENT. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this AGREEMENT and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this AGREEMENT. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 3� �. 01agree/meterbox/5/1/01 4 SAMPLE subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work 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 CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 01 agree.'meterbox/5/1 /01 5 33 SAMPLE L'3 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 of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent 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 of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this AGREEMENT including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 01 agree/meterbox/5/1 /01 6 SAMPLE 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S____) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the AGREEMENT), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. 01 agree/meterbox/5/1101 7 3� SAMPLE ' 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 no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and, said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify 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. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this 3� 01 agree/meterbox/5/1 /01 8 SAI:IPLE 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 CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this AGREEMENT. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be 31 01agree/meterbox/5/1/01 9 SAMPLE L-5. 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 DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined 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 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 a acceptance of any part of the work. 15. 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. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this AGREEMENT, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, 01 agree/meterbox/5/ 1101 10 SAMPLE all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in 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. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including but not limited to concurrent active or passive negligence, those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. 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 01agree/meterbox/5/1/01 11 31 SAMPLE �.., 5. 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. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance �i 01 agree/meterbox/5/1 /01 12 SAMPLE coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; 3. promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the AGREEMENT CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 01aVve/meterbo.%/5/1/01 13 SAMPLE A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its agents, officers, employees and volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged 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. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this AGREEMENT, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this AGREEMENT shall be delivered to CITY and become its sole property at no further cost. 01 agree/nwterbox/5/1 /01 14 SAMPLE 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this AGREEMENT, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT. No officer or employee of CITY shall have any financial interest in this AGREEMENT in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative 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. 27. 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 - of agree/meteftV. 5/1 /o l 15 +3 SAMPLE L-5. 28. 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. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's fees. 01agree/meterbox/91/01 16 SAMPLE 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chairman/President/Vice President AND By: r-. print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney - _A 01 City Administrator INITIATED AND APPROVED: Director of Public Works 01agree/meterbox/5/1/01 17 SANIPLE �� 3, RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for the Water Meter Box Replacement Project; WSC-016 COUNCIL MEETING DATE: August 6, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the Pity Attome) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ) f" EXPLANATION FOR RETURN OF ITEM: IFEM RCA Author: Rick Olson:jm One (1) Copy to City Clerk One (1) Copy to Project Manager Two (2) Copies to Front Desk WATER METER BOX REPLACEMENT PROJECT WJfSC--016 BID DATE: JUNE 27, 2001 at 2:00 PM Engineer's Estimate: $30,000 BID LIST BID, BB'SN".� RAM TOTAL BID"OUNT 1. C. J. CONSTRUCTION $ 1 i 2. J. A. SALAZAR CONSTRUCTION $ + 3. J. CARDINAS CONSTRUCTION 4. JOHN O'NEILL CONSTRUCTION $ 5. OREN CONSTRUCTION $ 6. V & S CONSTRUCTION CO., INC. $ 7. W. A. RASIC CONSTRUCTION $ 1 + 8. $ 9. $ 10. $ 11. $ 12. $ 13. $ 14. $ 15. $ Page one of one CITY CLERK a c CITY OF HUNTINGTON BEACH. CA x ;C= � — p. Zvi JUN 21 P 2: 00 O cz N N X -< M c- 10 -Z d L Z N(lf NZ m VO'HOd38 NOIDNI1NnH N JO 'kilo o c� W31O A11O o n rj-? A ! J'11N PROOF OF PUBLICATION STATE OF CALIFORNIA) .. ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, ' County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: June 14, 2001 June 21, 2001 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 21 2001 at Costa Mesa, California. Signature NOTICE, INVITING may substitute an SEALED BIDS escrow holder surely of equal value to the reten- for the tion in accordance with WATER METER the provisions of the Cal - BOX ifornia Government REPLACEMENT Code, Section 4590. PROJECT at The Contractor shall be VARIOUS beneficial owner of the LOCATIONS surety and shall receive THROUGHOUT THE any interest thereon. The AGENCY hereby af- CITY OF firmatively ensures that HUNTINGTON minority business BEACH enterprises will be af- WATER SERVICES forded full opportunity to CONTRACT No. submit bids in response WSC-016 in ttte to this notice and will not be discriminated against CITY OF on the basis of race, HUNTINGTON color, national origin, l BEACH ancestry, sex or religion PUBLIC NOTICE IS in any consideration HEREBY GIVEN that leading to the award of the CITY OF HUNT- contract. INGTON BEACH, as No bid shall be con - AGENCY, invites sealed sidered unless it is olds for the above stated prepardd" on the ap- projects and will receive proved, Proposal forms such bids in the office of in conformance. with the the City Clerk, Second instructions to Bidders. Floor, 2000 Main Street, The bid must be ac- Huntington Beach, Cali companied by a certified fornia 92648, up to the check, cashier's check hour of 2:00 p.m. on or bidder's bond made June 27, 2001. Bids will payable to the AGENCY for less be publicly opened in the an amount no Council Chambers un- than 10% of th amount less otherwise posted. bid. The succel bid - Copies of the Contract der shall be licensed in Documents, Specifi- accordance with cations and Standard provisions of the Busi- Drawings are available ness and Professions from the Office of -the Di- Code and shall possess rector of Public Works, a State Contractor's 2000 Main Street, Hunt- License Class at the ington Beach, CA time of the bid opening. 92648; upon paymet of The successful Contrac- a $5.00 non-refundable for and his subcon- .fee if, picked up, or pay- tractors will be required rnent of a $15.00 noe-re- to possess business fundable tee 1, mailed:. licenses from the Any contract entered AGENCY,, this" no -The, AGENCY re - rate theserves 9�m the right to reject e Stateany rsuarrt to or all bids, to waive any irregularity and to the provisions of the La- take al bids under bor Code of the State of advisement for a California, the minimum maximum period of 60 prevailing rate of per- days. diem wages for each BY ORDER of the craft, classification or CITY COUNCIL of the type of workman needed CITY OF HUNTINGTON to execute the contracts BEACH, CALIFORNIA, shall be those de-, the 4th day of June, termined by the Director 2001. of Industrial Relations of Attest: the State of California, which are on fife at the Connie Brockway, ConITY CLERK OF THE Office of the Director of CITY Public Works, 2060 OF ,HUNTINGTON Main Street, Huntington CA BThe' BEACH Published Huntington Agen wi11 de- Beach -Fountain Valley duct a 10% retention Independent June 14, from all progress pay- 21.2001 063-905 ments. The Contractor RIL Cl p�ND5 66-14-01 04-21-01 fl� 1� ZIP Hughes, Jeffrey From: Olson, Rick Sent: Monday, June 11, 2001 7:18 AM To: Hughes, Jeffrey Subject: FW: Clipping Here is what we advertised the last time. I changed the dates to represent the current project. I deleted the advertised dates, so if you can fill those out, once we know when they are, that would be appreciated. Thanks for your help. Please let me know if there are any problems or concerns. Thanks! -----Original Message ----- From: Rudd, Linda Sent: Friday, June 08, 2001 5:06 PM To: Olson, Rick Subject: Clipping SECTION A NOTICE INVITING SEALED BIDS for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 in the CITY OF HUNTINGTON BEACH. PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on June 27, 2001. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Contract Documents, Specifications and Standard Drawings are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $5.00 non-refundable fee if picked up, or payment of a $15.00 non-refundable 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 perdiem 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 surely of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved, Proposal forms in conformance with the instructions to Bidders. The bid must be accompanied by a certified check, cashier's check or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Busniess and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of June, 2001. Attest: Connie Brockway, CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach -Fountain Valley Independent June , 2001. OWN I mq - A;� Council/Agency Meeting Held: Ob— Oy^a Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied --0-- W-City Clerk Signature Council Meeting Date: June 4, 2001 Department ID Number: PW 01-067 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator<F49 PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Worksr I SUBJECT: Approve and Authorize Advertisement for Water Meter Box Replacement; WSC 016 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The plans and specifications for the replacement of water meter boxes throughout the City are complete. Should the City Council approve the plans and authorize the advertisement for bids? Funding Source: Funds totaling $35,000 are budgeted in the Water Fund, Account 50685805.84300, Water Meters. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to request bids for the replacement of various water meter boxes throughout the City (WSC 016); and Q r- 2. 4ppRve the attached sample contract, subject to award of the contract to the lowest 'esensible/responsive bidder. oco hub*iv ction(s): Ccel the proposed construction project and re -direct the funds. Delaying meter CJ CM ball replacements at this time could increase the City's liability for claims. REQUEST FOR ACTION MEETING DATE: June 4, 2001 DEPARTMENT ID NUMBER: PW 01-067 Analysis: Staff has completed the design for the replacement of various water meter boxes throughout the City. The purpose of this project is to replace damaged or broken water meter boxes located within the sidewalk area, thereby reducing the potential liability. The engineer's estimate for this construction project is $30,000. This budget also includes $5,000 for supplementals and contingencies. Public Works Commission Review: Not required by Municipal Code Chapter 2.111. Environmental Status: The project has been reviewed and determined to be Categorically Exempt pursuant to the California Environmental Quality Act Section 15301(b) and is Categorically Excluded, per 24 CFR Part 58, Section 58.35(a)(1)(ii) in accordance with the National Environmental Policy Act of 1969 as amended. Attachment(s): City Clerk's Page Number 1. Contract Documents Water Meter Box Replacement Project RCA Author: RFB:DEM:RFO 01-067 May 21 Olson (Meter Box Replacement) -2- 5/24101 4:42 PM ATTACHMENT #1 CONTRACT DOCUMENTS SPECIFICATIONS AND DRAWINGS for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: June 27, 2001 2:00 p.m., 2ND FLOOR City Clerk's Office ROBERT F. BEARDSLEY, DIRECTOR DEPARTMENT OF PUBLIC WORKS ASPECS.doc CITY OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 Prepared Unde�r�aon of: Dennis E. Macl,. P.E. No. C 015167 Approved by: Date Rober F. Beardsley, P. E., Director of Public Works Date NOTE: If there are any questions relative to this project, please call Richard Olson at: (714) 536-5453. ii CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS..................................................................................... A-1 SECTION B INSTRUCTIONS TO BIDDERS.............................................................................................B-1 1. Proposal Forms............................................................................................................B-1 2. Proposal Guarantee......................................................................................................B-1 3. Proposal Signature.......................................................................................................B-1 4. Delivery of Proposal....................................................................................................B-2 5. Return of Proposal Guarantee......................................................................................B-2 6. Taxes............................................................................................................................B-2 7. Disqualification's of Bidders.......................................................................................B-2 8. Contractor's License Requirement...............................................................................B-2 9. References....................................................................................................................B-2 10. Listing of Subcontractors...........................................................................................B-3 11. Discrepancies and Misunderstandings.......................................................................B-3 12. Equivalent Materials..................................................................................................B-3 13. Legal Responsibilities................................................................................................B-3 14. Award of Contract......................................................................................................B-3 15. Material Guaranty......................................................................................................B-4 16. Execution of Contract................................................................................................B-4 17. Submission of Bonds and Insurance..........................................................................B-4 18. Addenda.....................................................................................................................B-4 ul SECTION C PROPOSAL................................................................................................................................ C-1 ProjectBid Schedule.....................................................................................................C-2,3 List of Subcontractors......................................................................................................C-4 NoncollusionAffidavit....................................................................................................C-5 UtilityAgreement............................................................................................................C-6 Disqualification Questionnaire........................................................................................C-7 Compensation Insurance Certification.............................................................................C-8 Underground Service Alert - I.D. Number.......................................................................C-9 Bidder's Information.................................................................................................C-10,11 SECTION D SAMPLECONTRACT............................................................................................................ D-1 SECTION E SPECIALPROVISIONS..................................................................................... E-1 PART 1 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS ........................................E-1 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK.........................................E-2 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-10 AUTHORITY OF BOARD AND INSPECTION SECTION 4 - CONTROL OF MATERIALS...................................................... E-4 4-1 MATERIALS AND WORKMANSHIP IV SECTION5 - UTILITIES....................................................................................E-5 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK ...................................... E-6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR .........................E-7 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7- PROJECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8 - FACILITIES FOR AGENCY PERSONNEL ............................. E-11 8-1 GENERAL SECTION 9 - MEASUREMENT AND PAYMENT ........................................ E-12 9-3 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS....................................................... E-13 201-1 PORTLAND CEMENT CONCRETE v PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK.......................................................................E-14 300-1 CLEARING & GRUBBING 300-2 UNCLASSIFIED EXCAVATION SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION.............E-15 303-5 CONCRETE CURBS, WALKS GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, WHEEL CHAIR ACCESS RAMP AND DRIVEWAY REFERENCE SPECIFICATIONS - Maintenance Work Traffic Control Manual APPENDIX I - LOCATION INDEX APPENDIX II - STANDARD PLAN NO.217 APPENDIX III — LOCATION MAP vi SECTION A NOTICE INVITING SEALED BIDS for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 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 p.m. on June 27, 2001. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Contract Documents, Specifications and Standard Drawings are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $5.00 nonrefundable fee if picked up, or payment of a $15.00 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. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of June 2001. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the co -partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. B-2 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event B-3 will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. B-4 SECTION C PROPOSAL for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 97 Remove and replace City furnished Water Meter Box in existing sidewalk, per City of Huntington Beach Standard Plan 217. $ $ @ Dollars Cents Per ea. 2 2,800 Remove and replace concrete sidewalk, per City of Huntington Beach Standard Plan 217. $ $ @ Dollars Cents SF Per SF Total Amount Bid in Figures: $ Total Amount Bid in Words: Note: Construction Change Orders (additive or deductive) Shall be Based Upon Unit Price. C-2 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 $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of 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. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 2000. NOTARY PUBLIC NOTARY SEAL C-5 UTILITY AGREEMENT 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 the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Contractor Title C-6 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: 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. Contractor Title C-8 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 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by State Zip of our office on .2000. The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _ day of , 2000. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 SECTION D SAMPLE CONTRACT n-1 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF WATER METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 AND SPECIFICATIONS 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 16 32. ENTIRETY 16 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF WATER METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT, made and entered into this day of 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and , a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the installation of meter box replacements at various locations in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to 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 in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, 01 agree/meterbox/5/ 1 /01 1 SAMPLE except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this AGREEMENT, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as they are actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this AGREEMENT and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this AGREEMENT based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this AGREEMENT by this reference, with the same force and effect as if the same were set forth at length 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; 01 agree/meterbox/5/1 /01 2 SAMPLE C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition including 2001 supplement, of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of 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 that is in conflict herewith. 01 agree/meterbox/5/ 1 /01 3 SAMPLE 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this AGREEMENT, subject to any additions or deductions made under the provisions of this AGREEMENT or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in 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 the PROJECT to completion within () working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this AGREEMENT. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this AGREEMENT and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this AGREEMENT. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 01 agree/meterbox/5/ 1 /01 4 SAMPLE subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work 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 CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 01 agree/meterbox/5/1 /01 5 SAMPLE f kk 00 y 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 of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent 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 of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this AGREEMENT including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 01 agree/meterbox/5/1/01 6 SAMPLE 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the AGREEMENT), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. 01 agree/meterbox/5/1 /01 7 SAMPLE 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 no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify 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. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this 01 agree/meterbox/5/ 1 /01 8 SAMPLE 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 CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this AGREEMENT. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof From each progress estimate, ten percent (10%) will be 0l agree/meterbox/5/ 1 /01 9 SAMPLE 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 DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined 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 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 a acceptance of any part of the work. 15. 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. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this AGREEMENT, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, 01 agree/meterbox/5/ 1 /01 10 SAMPLE all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in 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. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including but not limited to concurrent active or passive negligence, those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. 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 01 agree/meterbox/5/ 1 /01 11 SAMPLE 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. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance 01 agree/meterbox/5/ 1 /01 12 SAMPLE coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; 3. promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 01 agree/meterbox/5/ 1 /01 13 SAMPLE A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its agents, officers, employees and volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged 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. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this AGREEMENT, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this AGREEMENT shall be delivered to CITY and become its sole property at no further cost. 01 agree/meterbox/5/ 1 /01 14 SAMPLE 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this AGREEMENT, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT. No officer or employee of CITY shall have any financial interest in this AGREEMENT in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative 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. 27. 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. 01 agree/meterbox/5/ 1 /01 15 SAMPLE 28. 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. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's fees. 01 agree/meterbox/5/ 1 /01 16 SAMPLE 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR print name ITS: (circle one) Chairman/President/Vice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: 4,'22,,01City Attorney )-'� j 1101 INITIATED AND APPROVED: Director of Public Works 0l agree/meterbox/5/ 1 /01 17 SAMPLE SECTION E SPECIAL PROVISIONS All the Work to be done under this contract shall be in accordance with these Special Provisions and the "GREENBOOK" Standard Specifications for Public Works Construction, 2000 edition, including the 2001 supplement, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher: BNi Building News 1612 S Clementine Street Anaheim, California 92802 (714) 517-0970 The Standard Specifications set forth above, referred hereinafter as Standard Specifications, will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The section numbers of these Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out. PART 1 GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS [Add or redefine the following:]. AGENCY - The City of Huntington Beach. Board - The City Council of the City of Huntington Beach. Caltrans - The State of California Department of Transportation. County - The County of Orange. Engineer - The City Engineer of the City of Huntington Beach or his authorized representative. E-1 SECTION 2 SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT [Replace with the following:]. Within 10 working days after the date the AGENCY'S award of contract, the Contractor shall execute and return all contract documents required by the AGENCY. The AGENCY reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS [Add the following:]. The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to endurance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the AGENCY, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by AGENCY of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the AGENCY. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General [Add the following:]. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as -built conditions. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. E-2 Reference in the Special Provisions to "State Standard Specifications" shall mean the Standard Specifications, latest edition, of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California - Department of General Services Publications Distribution Unit P.O. Box 1015 North Highlands, California 95660 Reference in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Huntington Beach, and where applicable, the following: Standard Plans for Public Works Construction, published by the American Public Works Association, latest edition. Standard Plans, published by the Orange County Environmental Management Agency. Standard Plans, published by the State Department of Transportation, latest edition. Applicable Standard Plans for this project are contained in Appendix I of these Special Provisions. 2-10 AUTHORITY OF BOARD AND INSPECTION [Add the following]. The Contractor shall give at least 24 hours advance notice when he or his subcontractor will start or resume the work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or AGENCY holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs./day or more than 40 hrs./week, Saturday, Sunday, or AGENCY holidays, he shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees which will be charged at the following rates: 4 hrs. or less/day - $225.00 4 hrs. to 8 hrs./day - $450.00 When Special Inspection is required, the Contractor shall notify the AGENCY and pay inspection fees 24 hours in advance. If the Contractor is directed by the AGENCY to work under this contract more than 8 hrs./day or more than 40 hrs./week, the Special Inspection fee requirements will be waived. E-3 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General [Add the following:]. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Security of this guarantee shall be in the form of a Maintenance Bond furnished to the AGENCY by the Contractor. There shall be specific wording in the Maintenance Bond, that includes the guarantee or warranty of the labor and materials for a one year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be for 100 percent of the total amount earned to date as indicated on the final progress payment. The AGENCY reserves the right to withhold the retention until the Maintenance Bond has been accepted by the AGENCY. The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice. Failure to comply with such notice, will cause the AGENCY to file claim against the bond. Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the AGENCY, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 4-1.4 Test of Materials [Replace the third sentence of the first paragraph with the following:]. Unless otherwise provided, all testing shall be performed under the direction of the Engineer and the AGENCY will bear the cost of initial testing of material and workmanship which are required by the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.6 Trade Names or Equals [Replace the last two sentences of the first paragraph with the following:]. Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth in the Instructions to Bidders. E-4 SECTION 5 UTILITIES 5-1 LOCATION [Replace the first sentence of the last paragraph with the following:]. It shall be the Contractor's responsibility alone to determine the location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall pothole all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by the Work. 5-5 DELAYS [Add the following paragraph:]. All notification to utility companies insofar as the relocation or removal of a utility shall be made by the Engineer based on Contractor's request as submitted to the Engineer at least 48 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect excepting thereof any delay cost incurred as a result of the utility company not responding at their agreed time. E-5 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK [Replace the first sentence of the first paragraph with the following:]. The Contractor's proposed construction schedule shall be submitted to the Engineer within 10 working days after the date of the AGENCY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION 6-7.1 General [Add the following:]. The time within which the Work must be completed by the Contractor is fixed at 30 working days, including materials delivery, starting from and after the date in the Notice to Proceed with the Work, exclusive of maintenance periods. 6-7.2 Working Day [Add the following:]. The Contractor's activities shall be confined to the hours between 7:00 A.M. to 4:00 P.M., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. E-6 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES [Add the following:]. A noise level limit of 95 dbl. at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 7-2 LABOR 7-2.2 Laws [Add the following:]. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 Liability Insurance [Add the following:]. The insurance company issuing the Certificates of Insurance is required to be duly licensed to transact business in the State of California. 7-5 PERMITS [Delete Subsection in total and substitute with the following:]. Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor, at no additional cost to the AGENCY, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control [The second paragraph is amended to read:]. Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean wherever construction, including restoration, is incomplete. E-7 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures.) which are damaged or removed as a result of his operations. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Delete the last paragraph and substitute the following:]. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or reestablishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access [Add the following:]. All traffic control shall be in accordance with the latest edition of the following documentation: Caltrans - Manual of Traffic Control Devices for Construction and Maintenance Work Zones, Traffic Manual, Sign Specifications, Standard Plans, Standard Specifications and the AGENCY's Maintenance Work Traffic Control Manual. The Contractor shall provide, to the Engineer, a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. Prior to the start of construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate starting date, completion date, and the name and telephone number of contractor representatives who may be contacted at any hour in the event of an emergency. POLICE DEPARTMENT: Watch Commander @ (714) 960-8809 FIRE DEPARTMENT: Battalion Chief/Development @ (714) 536-5411 E-8 Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. Any relocation of travel lanes longer than three calendar days shall be delineated by removing the existing striping and legends by wet sandblasting and placing new striping and legends as required. Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sandblasting. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation Standard Plans and the current City of Huntington Beach Maintenance Work Traffic Control Manual. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY yard or disposed of as directed by the AGENCY. Warning Signs Adequate warning signs for motorists and/or pedestrians shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. E-9 7-10.3 Street Closures, Detours, Barricades [Add the following:]. Street closures will not be allowed except as specifically permitted by the Engineer. Construction Traffic Control shall be per City of Huntington Beach Maintenance Work Traffic Control Manual, dated April 1992. Full compensation for Construction Traffic Control shall be paid for on a lump sum bid price and no additional compensation will be allowed therefor. 7-10.5 Protection of the Public [Delete Subsection in total and substitute with the following:]. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. E-10 SECTION 8 FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL [Add the following:]. No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor, at any time during the operation of the Work. E-11 SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General [Delete the last paragraph and substitute with the following:]. At the expiration of 35 days from the filing and recording of the Notice of Completion of the Work, the amount deducted from the final estimate and retained by the AGENCY will be paid to the Contractor except such amounts as required to be withheld by properly executed and filed to stop payment, or as may be authorized by the contract. 9-3.2 Partial & Final Payment [Amend the first sentence of the first paragraph to read:]. The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY'S payment procedure. Each month, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Add the following to the end of the section:]. Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as -built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon, the AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by the AGENCY. E-12 PART 2 CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.1 General For 2500 class concrete, a prequalified mix design may be used in accordance with the provisions of ACI 318-71, section 4.2.2.1, in which fc=2500 psi. 201-1.2 Materials. 201-1.2.4 Admixtures [Delete Subsection in total and replace with the following:]. Admixtures will not be permitted. 201-1.2.5 Fly Ash [Delete Subsection in total and replace with the following:]. Fly Ash will not be permitted. 201-2.2 Reinforcing Steel Reinforcing Steel shall be Grade 40 steel conforming to ASTM A615. E-13 PART 3 CONSTRUCTION METHODS A. General Description of Work The work to be done, in general consists of. Removal of concrete sidewalks and meter box, the construction of new meter boxes, replacement of concrete sidewalks to match existing grades and furnishing all labor, materials, tools, equipment and incidentals necessary to perform the said work. All work shall be completed to the satisfaction of the Engineer. B. Additions to Standard Specifications SECTION 300 EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.2 Preservation of Property The Contractor shall protect in place (as possible) any shrub, bush, or tree adjacent to or directly threatened by intended construction. Should removal seem necessary, the Contractor shall first contact the Engineer so that a qualified inspector can judge its possible protection, salvage, and/or relocation. 300-1.3 Removal and Disposal of Materials. 300-1.3.1 General [Delete Subsection in total and substitute with the following:]. No burning will be permitted. No accumulation of flammable material shall remain on or adjacent to the right-of-way. The roadway and adjacent area shall be left with a neat and finished appearance. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the pre job meeting, for approval a proposed route for hauling of materials for disposal. upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route. 300-2 UNCLASSIFIED EXCAVATION 300-2.1 General [Add the following:]. E-14 Unclassified excavation shall include excavating, removing, hauling and disposal of all material including asphalt concrete pavement to the subgrade elevations indicated on the plans as required to construct the new improvements. Removal of concrete shall be made at the locations shown on the plans, or as specified in the field by the Engineer. Concrete shall be removed to clean straight lines by saw cutting. The areas and quantities shown on the plans are given only for the Contractor's aid in planning the Work and preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedent over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the hour Engineer. 300-2.9 Payment [Add the following:]. Unless directed otherwise by the Engineer, stockpiling of removal material will not be allowed in or around the project site. Said payment shall also include full compensation for all required saw cutting of removal areas. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, WHEEL CHAIR ACCESS RAMP, AND DRIVEWAY 303-5.5 Finishing. 303-5.5.4 Gutter [Add the following:]. 303-5.9 Measurement and Payment [Add the following:]. Payment for sidewalk shall be per contract bid unit price. Such price shall constitute full compensation for required saw cutting, removal and disposal of existing sidewalk E-15 Location Index DISTRICT 163 DISTRICT 262 16946 Coral Cay Dr. 7621 Vantage Dr. 16956 Coral Cay Dr. 7622 Vantage Dr. 3575 Courtside Ln. 7631 Vantage Dr. 3585 Courtside Ln. 7632 Vantage Dr. 3602 Courtside Ln. 7642 Vantage Dr. 16972 Marinabay Dr. 7662 Vantage Dr. 7672 Vantage Dr. DISTRICT 189 17612 El Nopal DISTRICT 339 17632 El Nopal 19815 Deep Harbor Dr. 17642 El Nopal 19685 Seacliff Ln. 6901 Via Angelina 19691 Seacliff Ln. 6911 Via Angelina 19696 Seacliff Ln. 6912 Via Angelina 19715 Seacliff Ln. 6931 Via Angelina 19721 Seacliff Ln. 6892 Via Carona 6891 Vista Del Sol DISTRICT 434 6902 Vista Del Sol 8582 Salt Lake 6911 Vista Del Sol 8591 Salt Lake 6921 Vista Del Sol 8601 Salt Lake 6932 Vista Del Sol 8662 Salt Lake 8671 Salt Lake DISTRICT 199 8691 Salt Lake 18031 Cliffview 8692 Salt Lake 6551 Lakeview 19561 Topeka 6561 Lakeview 19591 Topeka 6571 Lakeview 19632 Topeka 18021 Shoreview 18022 Shoreview DISTRICT 456 18011 Upperlake Cr. 9561 Erskine Dr. 18042 Upperlake Cr. 9571 Erskine Dr. 18061 Upperlake Cr. 9591 Erskine Dr. 18072 Upperlake Cr. 9602 Erskine Dr. 18011 Westlake Cr. 9611 Erskine Dr. 18021 Westlake Cr. 9621 Erskine Dr. 18022 Westlake Cr. 9501 Friarscourt 18041 Westlake Cr. 20761 Glencairn 18042 Westlake Cr. 20722 Hunter Ln. 18051 Westlake Cr. 20742 Hunter Ln. 18061 Westlake Cr. 20772 Hunter Ln. 18071 Westlake Cr. 9582 Jura Dr 18081 Westlake Cr. 9841 Kite Dr. 18091 Westlake Cr. 9901 Kite Dr. 18092 Westlake Cr. 9911 Kite Dr. 18101 Westlake Cr. 9912 Kite Dr. 18102 Westlake Cr. 9922 Kite Dr. 18111 Westlake Cr. 20702 Queens Park Ln 18112 Westlake Cr. 20871 Queens Park Ln 20872 Queens Park Ln DISTRICT 262 20931 Queens Park Ln 7532 Vantage Dr. 20941 Queens Park Ln 7551 Vantage Dr. 20891 Woodlea 7572 Vantage Dr. 20901 Woodlea 7601 Vantage Dr. Appendix 1 000/ A I%C' C I // / O A A/C/ COnAI crnpC- rn crnPr' na _ rniAi r rn . inrAi r (PANEL SIZES MAY VARY) 3 1 (TYP.) BOX DIM. 3 �c W VARIES 2 W 4 ' (TYP.) I I 3„ (TYP 6" MIN. CURB AND GUTTER PLAN --dilliA 1 R`W 4., (TYP.) III 1 UTILITY BOX j -y 2•• NOTE.- NO SPLITTING PANELS. Ill. I - • :: ; TYP. (SEE GEN. NO TE 2) — a • , i-� °:�6" MIN. NOTES. SECTION A -A (TYP.) 1 #4 REBAR SHALL BE INSTALLED WHENEVER UTILITY BOX OCCUPIES MORE THAN 70% O OF SIDEWALK DIMENSION V. 2 LOCATION OF UTILITY BOXES SHALL BE ADJACENT TO CURB UNLESS OTHERWISE APPROVED ON PLANS. BOX AND LOCATION SHALL BE DETAILED. PEDESTALS AND OTHER ABOVE GRADE OBJECTS SHALL BE SHOWN AND LOCATED BY DIMENSIONS TO THE NEAREST 0.1 ' 0 SAW CUT OR REMOVE TO EXISTING JOINT OR SCORE LINE. ALL UTILITY BOXES SHALL BE PLACED ON A COMPACTED 6" MIN. PEA GRAVEL OR ® CRUSHED 3/4 " ROCK BEDDING. WATER METER BOXES EXCLUDED. SPECIAL PROVISIONS: 1. CONCRETE SIDEWALK SHALL BE A MIN. OF 5' IN WIDTH & BE SAW CUT PERPENDICULAR TO CURB FACE & REMOVED PENDING DISCRETION OF THE CITY INSPECTOR. GENERAL NOTES: 1. UTILITY BOX PLACEMENT SHALL BE 1' MINIMUM FROM THE SCORE OR JOINT, OR CEN TERED WI THIN THE PANEL. 2. THE LIMITS OF SIDEWALK REMOVAL IS TO THE DISCRETION OF THE CITY INSPECTOR. J. ALL USA ALERT MARKINGS SHALL BE REMOVED FROM WORKSITE UPON COMPLETION. APPROVED: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS CITY ENGINEER STANDARD PLAN DATE: October 3, 1994 UTILITY BOX DETAILS 21 A APPENDIX II LOCATION MAP WATER METER REPLACEMENT S CITY OF HUNTINGTON BEACH 0 1/2 1 MILE APPENDIX III RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorize Advertisement for Water Meter Box Replacement Project (WSC 016) COUNCIL MEETING DATE: June 4, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) (-) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: a •,, fe CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 9 ,2001 To: J.A. Salazar Construction Co. 14937 Rayfield Drive La Mirada, CA 90638 Enclosed please find your original bid bond issued by d�� a"r Connie Brockway, CIVIC City Clerk Enclosure for WSC-016 Gulf Insurance Co. B:Hollovwpkashcon/retumbidbond.doc (Telephone: 714-536.5227) 14 BOND NO. AE2664657 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE- RESENTS, that we J A- Salazar Construction o as PRINCIPAL, (hereinafter called the Principal), and GULF INSURANCE COMPANY ,Saw duly organized under the State of Missouri and authorized to transact a general surety business in the State of CA as SURETY, (hereinafter called the Surety), are held firmly bound unto: City of Huntington Beach as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 %of the -accompanying bid of the Principal, not, however, in excess of Five Thousand and 001100 dollars, (s 5,000.00 1, 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, suecesson and assigns, jointly and severally. firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, V-wit: Water Meter Box Replacement Project at Various Locations Throughout The City of Huntington Beach Water Services Contract No. WSC-016 NOW, THEREFORE, if the Principal shall not legally withdravJ said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in aeoordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the.time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of *failure so to do, pay to the Obligee the damages which the Obligee shall.have actually suffered'by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obiigee•hereunder shall give notice to Surety of'said award at the time of notification to the Principal; and unless legal action to enforce any daim hereunder shall have been commenced Within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of s Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this 20th day of Ju 6 J.A. Salaz f conkru� on'Co. BY, Principal Ralph Eldem, Jr. .. Attorney-in-Fact- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 06/20/01 before me, Daniel Huckabay, Notary Public Date Name, Title of Officer — E.G. "Jane Doe, NOTARY PUBLIC" Personally appeared Ralph Eidem, Jr. NAME(S) OF SIGNER(S) Personally known to me - OR - W1_ELH�� Y trN:r WWWAN Uj C0 w gq. Jaw 1l.2W4 ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person.(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an official seal SIGNATURE OF NOT OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER �0 INDIVIDUAL ❑ CORPORATEOFFICER "U Cam - _N_ TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNFER IS REP ESENTING: NAM OF PE SO S) OR EN Y(1 S) :� t ti DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES 06/20/01 ATE O D ENT SIGN[ (S) THER H MED ABOVE GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY'*VHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its prin- cipal office in the city of Irving, Texas, pursuant to the following resolution, adopt- ed by the Finance & Executive Committee of the Board of Directors of the said Company on the loth day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED. that nothing in this Power of Attorney shall be construed as a grant of authority to the attomey(s)-in-fact to sign, execute, acknowledge, deliver or oth- erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED. that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint --~— Ralph Eidem, Jr. ---- BON NUMBER AE2 6 6 4 6 5 7 NAME,ADDRESS PRINCIPAL: CITY, STATE, ZIP J.A. Salazar Construction Co. 14937 Rayfield Dr. La Mirada, CA 90638 EFFECTIVE DATE June 27, 2001 � J CONTRACT AMOUNT �$ 50,000.00 J BOND AMOUNT 5,000.00 J its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign. execute, acknowledge and deliver in its behalf, as surety. an), and all bonds and undertakings of suretyship. and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, under- takings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attomey(s)-in-fact. pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million (1,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. SVaaWCE wa °Pp°ggT °;A GULF INSURANCE COMPANY SEAL �ss0\3 P. STATE OF NEW YORK Lawrence P. Miniter SS COUNTY OF NEW YORK Executive Vice President ) On the 13th day of April, 2000 A.D., before me came Lawrence P. Minter, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Bergen, -State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such cor- porate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. OP.1\0 Jq,cFq �a co Y DAVID JAFFA A�B��G�°� Notary Public State of New York 34 STATE OF NEW YORK ) �F NE`� No. O�iA4gs Co SS Quain Kings County COUNTY OF NEW YORK ) Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. "_SEAL, IIIIiIIINIIIIIIIIIIIIIIIIIIIIIIIII J GOPpOR a SEAL AE2664657 *1333569* S00 Dated the 20th day of June 20 01 �7 r 8016-AE (3/2001) George Biancardi Senior Vice President J.A. SALAZAR CONSTRUCTION CO. Jose Salazar 14937 Rayfield Drive La Mirada, CA. 90638 RECEIVED CITY CLERK CITY OF HUNTENGTON BEACH, CA 2001 JUN 21 A 0: 4 2 6ce ry-\.z v\A- ;��jc c+ ,VN CAjj cf �-�u���i��o,� lea c,L.. SECTION C PROPOSAL for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 97 Remove and replace City furnished Water Meter Box in existing sidewalk, per City of Huntington Beach Standard Plan 217. Dollars r f Cents Per ea. 2 2,800 Remove and replace concrete sidewalk, per City of Huntington Beach Standard Plan 217. $ ��-►� $ <n, , Dollars V- o,r s Cents SF Per SF Total Amount Bid in Figures: $ q 0 Total Amount Bid in Words: d , 1, Note: Construction Change Orders (additive or deductive) Shall be Based Upon Unit Price. C-2 • 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 Otit.,J in the amount of $ - S. crcv _ ua 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: Adders rt+, w, a: eceivtl .. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State ikense class Of W04 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Arse 1.os Dqgx,, being first II sworn, d poses d says that he or she is (�,c5 of -� . I ' VaZ�- 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. t �f q 31 KmArld & Address of Bidder Subscribed and sworn to before me this day of _ , 2'NQ .20o N NOTARY PUBLIC *A'A4� NOTARY SEAL JEFFREY STEVEN INGELS nr�'"' •;. COMM. #1249987 Notary Public -California N W LOS ANGELES COUNTY My Conn. Exp. Jan. 15, 2004 F C-5 UTILITY AGREEMENT 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 the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date:? Scz(aza ✓ 5as-/rVC,A-b,,1 0 . So (-e- Dwk-,e✓ Title C-6 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 <o 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 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: cc v" o �LAJ KAY/ Title C-8 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 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: J'L 0 - -� a Contract By D Title Date: (J j b Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �l f (� - S G, � Ct'z a( C-6 tAjro c-i 6 n Bidder Name Business Address radCA city, ie_O bf i Ce, qacP 3% State Zip (llq ) 5;'-( — (e C6721 Telephone Number -7 r C3 State Contractor's License No. and Class Original Date Issued �-- i�b I Q1 t1r 10 1 Expiration Date The work site was inspected by f of our office on 2001. The following are persons, firms, and corporations having a principal interest in this proposal: -T6 SG C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name atgnature or tsmaer \_, I ra 7rt Printed or Typed Signature �o Subscribed and sworn to before me thisWday of .• 4' JEFFREY STEVEN INGELS COMM. #1249987 m ca Notary Public -California (AW LOS ANGELES COUNTY ,. My Comm. Exp. Jan. 15, 2004 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. P I ecu � Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 14937 Rayfield Drive Phone (714) 521-6837 La Mirada, CA 90638 Fax (714) 521-8521 N REFERENCES Work experience 12/1997 — Present J. A. Salazar Construction Co. La Mirada, CA Owner Pasadena Sept-27-2000 to Oct-12-2000 $46,000.00 2000 Sewer and Storm Drain Reconstruction Project 100 N. Garfield Ave. Pasadena, CA 91109-7215 Bob Garden Engineer Project Mgr. (626) 744-4643 Reconstruction of MH bases & various sewer repairs, street resurfacing, storm drainpipe repairs & structure reconstruction. City of Glendale Oct-16-2000 to Jan-15-20001 $212,000.00 Glendale Annual 2000 Storm Drain Project 633 E. Broadway. Room 205 Glendale, CA 91206-4388 Gaudencio Cervantes Jr. Engineer Project Mgr. (818) 548-3945 Installation of 18" x 24" Rcp, various locations & construction of 10 different catch basin structures varying from 5 wide to 14' wide street resurfacing. City of Huntington Beach Jan-16-2001 to Feb-2-2001 $27,000.00 2000 Water Meter Replacement Project 19001 Huntington Street Huntington Beach, CA 92648 Rick Olson Water Department Supervisor (714) 536-5453 Remove & replace water meters boxes at over 70 locations, concrete resurfacing. City of Fontana Mar-12-2001 to Mar-23-2001 $53,000.00 Hunter's Ridge Water Remedial Project 8353 Sierra Ave Fontana, CA 92335 Michael Thornton, TKE Engineering (909) 680-0440 Remedial water works improvement from water lines installation to concrete repair street resurfacing & steel gate installation. CITY OF HUNTINGTON BEACH • 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 11 ,2001 To: C.J. Consturction, Inc. 13600 Imperial Hwy, Suite 5 Santa Fe Springs, CA 90670 Enclosed please find your original bid bond issued by d'9rl e. 004, ;; � - Connie Brockway, CIVIC City Clerk Enclosure for WSC-016 Peerless Insurance Co. g Xollowup/cashcon/retumbidbond.doc (Telephone: 714-536-5227 ) THE AMERICAN INSTITUTE OF ARCHITECTS X A/A Document A31 D Bid Bond BOND # PB9109000031 KNOW ALL MEN BY THESE PRESENTS, that we C.J. CONSTRUCTION, INC. 13600 IMPERIAL HWY., #6 SANTA FE SPRINGS, CA 90670 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Peerless Insurance Company 62 Maple Avenue Keene, NH 03431 (Here Insert full name ,and address or legal We of Surety) a corporation duly organized under the laws of the State of New Hampshire . as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN ST. HUNTINGTON BEACH, CA 92646 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ( $ 10 % ), 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 REMOVEIREPLACE WATER METERS, REMOVEIREPLACE SIDEWALK AT VARIOUS LOCATIONS (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed nd sealed this 27th day of June 2001 (Witness) (wttness) (Toe) Tamara J. Ponti, Attomey-in-Fact A,A DOCUMENT A310 BID BOND AIA 0 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of --T-F X 0 S County of HQ/l/b On _ (P - a -0) before me, ��UUt-L , onnAK DATE I Pmti NAME. TITLE OF OFFICER - E.C.'JANC 00E NOTARY PUDUC-personally appeared Qmoju, NAMEISI OF SIGNERl31 C"personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their _ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, ��'"•� TERM L. CESNIk Notary Public, State of Texas My Commission Expires OF May 26, 2003 SIGNATURE OF NOTARY OPTIONAL Though the data below, is not required by law, it may prove valuable to persons relying on the document and could prevwn fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT Cl TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR EJJn y(IES) DESCRIPTION OF ATTACHED DOCUMENT` TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 813-1199 3/94 PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY 62 MAPLE AVENUE KEENE, NEW HAMPSHIRE, 03431 POWER OF ATTORNEY BOND # PB9109000031 KNOW ALL MEN BY THESE PRESENTS: That Peerless Insurance Company and/or The Netherlands Insurance Company, each being a New Hampshire Corporation having its principal office in the City of Keene, County of Cheshire, State of New Hampshire do/does hereby make, constitute and appoint: Tamara L Pond Of Corona in the State of Ca their/its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in their/its name, place and stead, to sign, execute, acknowledge and deliver in their/its behalf, and as their/its act and deed, without power of redelegation, as follows: Not To Exceed $3,000.00 and to bind the Company(ies) making this appointment thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the company(ies), and all the acts of said attorney(s), pursuant to the authority herein given, are hereby ratified and confirmed. AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS -IN -FACT Section 7 of Article 3 of Bylaws of Peerless Insurance Company, as amended May 30, 1997, states: "The President of the Company may appoint and remove Attorneys -in -Fact and assign to them and revoke as appropriate such duties, powers and authority as may be advantageous to the Company including the execution and attestation of bonds,undertakings, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof and such documents on behalf of the Company with power to redelegate such authority." Section 9 of Article 5 of Bylaws of The Netherlands Insurance Company, as amended May 30, 1997 and June 16, 1997, states: "The President of the Company may appoint and remove Attorneys -in -Fact, and assign to them and revoke as appropriate such duties, powers and authority as may be advantageous to the Company including the execution and attestation of bonds, undertakings, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof and such documents on behalf of the Company with power to redelegate such authority." USE OF FACSIMILE SIGNATURES Use of facsimile signatures by Peerless Insurance Company is made pursuant to Resolution of the Board of Directors of Peerless Insurance Company, dated April 28, 1989. Use of facsimile signatures by The Netherlands insurance Company is made pursuant to Resolution of the Board of Directors of The Netherlands insurance Company, dated April 28, 1998. COMPANY MAIQNG APPOINTMENT The company making this appointment is identified by an "X" in the box opposite its name in the space provided below. It is the intent of Peerless Insurance Company and The Netherlands Insurance Company to use this instrument for the appointment of Attomey(s)-in-Fact for either Company designated, or for both Companies, if so indicated. In Witness Whereof _ X PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY has/have caused these presents to be Signed by its President, and its Corporate Seal to be hereto affixed by its Secretary, 8tis 1st day of December 2000 PEERLESS INSURANCE COMPANY By: �i/2g' President Attest: !/ Secretary STATE OF NEW HAMPSHIRE COUNTY OF CHESIRE THE NETHERLANDS INSURANCE COMPANY By - loci ; President z1 t�7e `��• n' Attest: 0 °"M•"'� Secretary The foregoing instrument was acknowledged before me this 1st day of December 1 2000 , by Michael R. Christiansen President of Peerless Insurance Company and of The Netherlands Insurance Company and Jane F. Taylor, Secretary of Peerless Insurance Company and The Netherlands Insurance Company, New Hampshire Corporations, on behalf of the corporations. 4L't.- sja� Notary Public I, Jane F. Taylor, Secretary of Peerless Insurance Company and The Netherlands Insurance Company do hereby certify that the above and foregoing is a true and correct copy of Power of Attorney executed by the Company(ies) designated above which is still in force and effect. in witness whereof, I have hereunto set my hand and affixed the Seal(s) of the Company(ies), at Keene, New Hampshire, this 27th— day of dune 2001 Al ■ 1901 � 9t^ Jan e F. Taylor a' Secretary OBLIGEE: CITY OF HUNTINGTON BEACHn�• v^w1m TVOL`. A T A A'21 f, 13TT1 DRAT My oammiwon expires t NOTA P: �us�10 March 19, 2003 C.J. CONSTRUCTION, INC. 13600 IMPERIAL HWY SUITE 5 SANTA FE SPRINGS, CA 90670 �.CEIvr-6 562-229-0011 PHONE CITY CLERK CtCY 562-229-0052 FACSIMILE HU`JINGTON BEACH, CA V"'JtWIAGToN CITY OF c1p( gACH. CA 2001all 21 P12,41! 1001pl,21 P12.�u q-� Va qs hons �1r�u5hc�f-I�ne��of r��v� B Pc,c� � %� �.2 r �-'u icesb i 1+ M 14-1 L S a o M a Hq4 Vlfi 'Cl)tu t SECTION C PROPOSAL for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item No. Estimated Quantity Item with unit price written in words Unit Price Extended Amount 1 97 Remove and replace City furnished Water Meter Box in existing sidewalk, per City of Huntington Beach Standard Plan 217. $ 50,00 $- . Dollars aa Cents Per ea. 2 2,800 Remove and replace concrete sidewalk, per City of Huntington Beach Standard Plan 217. $ , /Z) @ 4-t-, Dollars —9�w Cents SF Per SF Total Amount :. I O• Note: Construction Change Orders (additive or deductive) Shall be Based Upon Unit Price. C-2 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 $ % 3.06 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: W LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State .license Class 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �8 n6X(y1,D being first dul worn, epos and says that he or she is of_("(J)) %rhe parry 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. C� Name of Bidder kSiaturef Bidder A NDRA E SCHM Commission # 1195= Notary Pubic - Contomkt LoS Angeles Courtly 0 I) ' CoM"- S6PL2 Address of Bidder Subscribed and sworn to before me this �° day ofY�Q _ NOTARY PUBLIC NOTARY SEAL C-5 UTILITY AGREEMENT 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 the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: -b l 0:—) &Iskcha 116(__ Contractor Title pr-0514'r C-6 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 zo 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 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: �, X A, Inc Contractor Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER 4o, be com leted onl b the awarded Contractor rior to excavationP Y Y P ) 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 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. W: BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name ja4 "i r, s C /� q06-1b City, Telephone Number State Zip State Contractor's License No. and Class 4. 9"q. Original Date Issued Expiration Date The work site was inspected by a of our office on � , 209K I The following are persons, firms, and corporations having a principal interest in this proposal: Oj C_ 10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth., Company N e oYn n JGi r nU Printed or Typed ��Si//gnature Subscribed and sworn to before me this�l day of SANDRA E SCHOTT Commission # 1195= NotQy Pubft - Cafifamb NOTARY PUBLIC W0WMEq wSwM 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: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of.Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 ci CONSTRUCTION, INC. 13600 Imperial Highway Suite 4 • Santa Fe Springs, CA 90670 • (562) 229-0011 • FAX (562) 229-0052 Curb, Gutter, Sidewalk Repair City of Riverside 3900 Main Street Riverside, CA 92522 (909)826-5947 Completed 11-27-00 Final contract price $431,033.14 with change orders, original contract price $374,659.00 2602/2618 Damaged parkway City of Norwalk 12700 Norwalk Blvd. Norwalk, CA 90650 (562) 929-5719 Randy Hillman Completed 7-5-00 Final contract price $374,915.40 with change orders, original contract price $296,400.00 Installation & Repair Concrete ST-9899-1 City of Ontario 1425 S. Bon View Ave. Ontario, Ca 91761-4406 (909) 391-2507 ext. 6717 Dale Adcock Completed 2-23-99 Final contract price $ 359,732.50 with change orders original contract price $200,000.00 Sidewalks Various Locations R-6441 City of Long Beach 333 W. Ocean Blvd. 9th Floor Long Beach, Ca 90802 (562) 570-5174 Frank Kazmar Completed 11-06-99 Final contract price $630,927.60 , original contract price $594.60.00 Removal & Reconstruction PCC Sidewalk City of Beverly Hills 455 N. Rexford Dr. Beverly Hills, Ca 90210 (310) 285-2506 Rob Besste Completed 8-9-99 Final contract price $ 448,992.55 with change orders, original contract price $464,470.00 724-98 Residential/Arterial City of Cerritos 18125 Bloomfield Cerritos, CA 90703 (562) 407-2652 Mary Ann Wozniak Completed 02-22-99 Final contract price $330,732.50 with change orders, original contract price $247,733.50 Repair sidewalks, curbs, gutters and drive approaches, curb ramps City of Ontario 1425 S Bon View Ave Ontario, Ca 91761 (909) 395-2600 Dale Adcock In Progress Contract Price 940,000.00 CC8044 Curb ramps LA County Public Works Dept. 900 S. Fremont Ave. Alhambra, CA 91803 (626) 458-3122 Ray Green Completed 02-04-99 Final contract price $118,564.60, original contract price $125,735.40 Ramps Downtown Sidewalk Repair City of Riverside 3900 Main St. Riverside, Ca 92522 (909) 826-5561 Abe Massoud Completed 5-15-2001 Final contract price $78,365.68, orginal contract price $87,175.00 City of Santa Fe Springs 11710 Telegraph Rd Santa Fe Springs, CA 90670 Various projects (562) 868-0511 Casey Morales Insurance Agents Andreini & Co. 2737 Campus Dr. Irvine, Ca 92612 (949) 474-0210 Southern American Insurance Agency 1101 California Ave Suite 100 Corona, Ca 92881 (909) 279-6533 ;, ,& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 11 92001 To: W.A. Rasic Construction Co., Inc. 11126 Wright Rd. Lynwood, CA 90262 Enclosed please find your original bid bond issued by Hartford Fire Ins. Co. Connie Brockway, CIVIC City Clerk Enclosure for WSC-016 g:/followup/cashcon/retumbid bond.doc 1 Tele phone: 714-536-5227 ) THE AMERICAN INSTITUTE OF ARCHITECTS on A/A Document M10 Bid Bond Bid Bond No. H, Z3; .v JUN '2 ':. 2001 \N. A. r.!-•._:C KNOW ALL MEN BY THESE PRESENTS, thatwet apt «tea.( "aofcomma"W.A. Rasic Construction Co., Inc. 11126 Wright Rd., Lynwood, CA 90262 as Principal, hereinafter called the t rincipal, and OWN is"" *A 0"ie aie awm or 1W tlde of sweg9 Hartford Fire Insurance Company One Pointe Dr., Brea, CA 92822 a corporation duty organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach taa.e lawn rill mean and "dws or Sept two °'"erg as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars (s 10% of amount bid ), 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 Oilers Wart full Awe. &/circa and doertweft of Trial" Water Meter Box Replacement Project No. WSC-016 NOW. THEREFORE, if the Obligee shall accept L%e bid of the Principal and the principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid. and jive such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the peon+pt payment of labor and material furnished in the prosecution thereof, or in the ;vent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee Me difference not to exceed the penalty hereof between the amount'speafied in said bid and such latter amount for which the Obligee may in good faith tentnet with another parry to perform the work covered by said bid. then this obligation shall be null and void. othewise to remain in (till force and effect Signed and sealed this 21st day of June 1W 2001 (Witness) (lvitness) W.At Ra c Construction , I (Seal) Vt Hartford Fire Ins ance Company I (surety) (Seal) Ralo-Eidem, Jr./) (Tide) Attorney -in -Fact AIA DOCUMENT A310 - 910 BOND - AtA -9- r[aRUAJY 19,0 10 - THE A.M!tICAN INSTITUTE Of ARCHITECTS. IM N.Y. AvL, K.W., WASHINGTON, 0. C. 2=6 eF�T CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 06/21/01 before me, Daniel Huckabay, Notary Public Date Name, Title of Officer —E.G. "Jane Doe, NOTARY PUBLIC" Personally appeared Ralph Eidem, Jr. NAME(S) OF SIGNER(S) RPersonally known to me - OR - DANIEL 11 HUCiN Y cOMM. #1248010 a cc NOTARYPUBW-CJlitFORNI► W OROMOMW Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI NESS my a d =fficial SIGNATURE OF NOT A OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid Bond One TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 06/21/01 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE HARTFORD FIRE INSURANCE COMPANY Bond No. H-423 Hartford, Connecticut POWER OF ATTORNE,( Know all man by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duty organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford. County of Hartford. State of Connecticut, does hereby make, constitute and appoint RALPH EIDEM, JR., or ANAHEIM, C,4LIFORNIA its true and lawful Attomey(s)win-Fact, with full power and authority to each of said Attomey(s)-in-Fact. M their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE 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 HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)4n-Fad may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ('the Company) as amended by the Board of Directors at a meeting duly called and held on July 9, 1997. as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice -President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, reoongnizances, contracts of indemnity and other writings obligatory in the nature thered, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any Vice -President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Atlomeys4n-Fad and at any time to remove any such resident Vl e-President, resident Assistant Secretary, or Attomey4n-Fad. and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and 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 shall 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, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice -President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 14th day of May, 1999. 'f "o C." - a'L-� Paul A. Bergenhottz, Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD I SS. Hartford HARTFORD FIRE INSURANCE COMPANY 4�fM* A SEAL.3' sr Robert L. Post, Assistant Vice President On this 14th day of May. A.D. 1999. before me personally came Robert L. Post, to me known, who being by me duty sworn. did depose and say. that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice -President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such Corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Jean H. Wozniak Notary Public CERTIFICATE My Commission Expires June 30, 2004 1. the undersigned, Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Richard L. Marshall, Jr., Assistant Secretary Dated the 21st dayd June 2001 SEAL p t ai J. Dennis Lane, Assistant Vice President Form S-4054-2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNIA County of _nC ANI11R.I.RIS On JUNE 27, 2001 before me, ZOR GTA PASCHALL, Notary Public DATE NAME, TITLE OF OFFICER - E.G., •JANE DOE, NOTARY PUBLIC" WALTER A RASIC, M personally appeared , NAME(S) OF SIGNER(S) Xkpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(rs'J whose name( tis/-a-re subscribed to the within instrument and ac- knowledged to me that he/sheI44iey executed ZORKITnPASCHA the same in his/lei authorized Comrrrmlon # 124420 = c a p a c i ty p-esr, and that by his/49*4#e+rr a I\otc y► Pubgt— - CnCfamid_ 5, fps Angeles county signature s'] on the instrument the person(s'f , c -- n+ca-nm•Bqj =°2• or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �AtA C944U SIGNAT RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER VICE PRESIDENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAM�,FVT §fLQU6R fkUCTION CO., INC. DESCRIPTION OF ATTACHED DOCUMENT : 1P ►Ip TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES JUNE 21, 2001 DATE OF DOCUMENT HARTFORD FIRE INSURANCE CO. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 r.�.cr.lv�o C1,Y CLE�I{ CITY OF 1IUI;TINGTON 5E9CV1' CA 2001 JUN 21 P IL' ' 0 R.a,;c ��rl•uction rompanJ Inc. 1 1 126 Wright Road, Lynwood, CA 90262 i DO NOT OPEN WITH REGULAR MAIL i City Clerk, City of Huntin�4on Beach 2n" Floor, 2000 Main St., Huntin�4ton Beach, CA 92648 Sealed Bid for WATER METER BOX REPLACEMENT PROJECT AT VARIOUS LOCATIONS THROUGHTOUT THE CITY OF IIUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 h 0 0 d L Z N(V 1001 NOISUII0 13NNOSd3d Bid Date: June 27, 2001 2:00 p.m. p { ZI d LZ NN TR yO'HOd�O �11� Nlli�(tH z _J ' SECTION C PROPOSAL for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 97 Remove and replace City furnished Water IS I , Meter Box in existing sidewalk, per City of Ap Huntington Beach Standard Plan 217. $ jc: $ @ oac iu,.c1rcJ k:�-4 1,, Dollars Cents Per ea. 2 2,800 Remove and replace concrete sidewalk, per City of Huntington Beach Standard Plan 217. $ U $ i (, $►3 @ Dollars oc) wy Cents SF Per SF Total Amount Bid in Figures: Total Amount Bid in Words: SeOc- rev `a Cho l00 Note: Construction Change Orders (additive or deductive) Shall be Based Upon Unit Price. C-2 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 $1b pc, in the amount of $ 1 C, ' wtit Wwhich 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: C-3 I LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Fortiori I Name and Address of Subcontractor I State .License I Class By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 ' NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Ormg VS P� VWJ& being first duly sworn, deposes and says that he or she is l 7 of W A , Wy- eo�sc-�UCII N O (NL. the party making the foregoin 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. W - KAS I C, (W S`(}2u Q 0 0 cry, (K c- . Name of Bidder e Signatur o idde ml-(o\ApCs l- Ly N �9► 0262 Address of Bidder Subscribed and sworn to before me this �141" day of J tg� 6 . Ub 1 NOTARY PUBLIC IJ0 NOTARY SEAL ZORrJTA PASCHALL - Commission # 12"20 _Noisy K";c - Califm t WCamm,ExPk%Dec? 20M C-5 UTILITY AGREEMENT 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 the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-016, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Jltot, i_i t 7-DZI I w.A- has« a N 0 - I I t� C . Contractor vclt, Title C-6 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 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: Jlwc' 7-T uo I Contractor 4, lek/. By Title C-8 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 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: '1-D 6e- *�AwwA if suc U s,, u � �Aw Contractor W-t Title Date: J UQC )-I, ?ADD 1 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION ' BIDDER certifies that the following information is true and correct: \N , A . C, CWST2.uMO Cam-) (Nc . Bidder Name 1 k IZ (o v) (Z-k GHAT PRD Business Address Lj A\WD GA q D262— City, State Zip ( 3i0) $9(- &59 D Telephone Number 3bs�11�9 1 State Contractor's License No. and Class W Original Date Issued 1--31 - 2003 Expiration Date The work site was inspected by 1-�6L4 of our office on to 2- v 1 , 2000. The following are persons, firms, and corporations having a principal interest in this proposal: Wkylt(- A • kASIC, Qreskd�eoj kt kmw P-i kG Gcr-_T �Trea�St �Yer� 1, . PAS 1 G , V(co (�rz S to4ew�P" MAIJ 5-- A- 1ASS(G V« Residdx� C-10 * The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. W- A- KLIC GOLfiiL1tiMW "• , !NG , Signature vJa1tYz A. K&JC, JF- Printed or Typed Signature Subscribed and swornto before me this ZJt day of JU13e -2 . -- ZORKITA PASCHALL Commission # 12442801 Notay hk ttc - Cdit ki �,, ,, p QWWCorrmB#wDM7,20M Los Angeles County, NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. SCE. au" " ITVy cis Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of.Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 W.A. RASIC CONSTRUCTION COMPANY, INC. r REFERENCES OWNERIAOENCY LOCATION DATE CONTRACT CONTACT COMPLETED AMOUNT NAME PHONE CITY OF ESCONDIDO ESCONDIDO Anticipated $3,900,000 STEVE DAVIS (760) 745-2181 RECLAIMED WATER DISTRIBUTION SYSTEM Deoer dw-01 Install 32,000 If of 8'- 18' PVC/DIP CITY OF GARDEN GROVE GARDEN GROVE Anticipated $843,726 NAVIN MARU (714) 741-5180 WIFSTMINSTER AVE, STORM DRAIN July-01 Install 1,8901.1 of 72'-18' RCP CITY OF LYNWOOD LYNWOOD June-01 $287,500 YADI FARHADI (310) 603-0220 ALAMEDA STREET WATER LINE Install 2,800 If of 12' DIP; 9 Fire Hydrant connections CITY OF ARCADIA ARCADIA May-01 $285,000 PAT MALLOY (626) 256-6554 FOOTHILL SEWER ADDITION PROJECT Install 2,035 If of 10' VCP; 8 manholes LONG BEACH WATER DEPARTMENT LONG BEACH Mar-01 $762,945 VAN JEW (562) 570-2342 PCH 30" CAST IRON MAIN REPLACEMENT Install 3,180 If of 30' Ductile Iron Pipe CITY OF GLENDORA GLENDORA May-01 $474,250 JARIUS WILLIAMS (626) 914404 SIERRA MADRE AVE. TRANSMISSION MAIN Install 2,190 30' CMLC Steel P WEST BASIN MUNICIPAL WATER DISTRICT LOS ANGELES Apr-01 $485,396 SEATON CURRAN (310) 660-6212 WESTSIDE WATER RECYCLING Install 2,900 If of 16' Ductile Iron Pipe WEST BASIN MUNICIPAL WATER DISTRICT EL SEGUNDO Mar-01 $2,262,174 SEATON CURRAN (310) 660.6212 CHEVRON REVERSE OSMOSIS PIPELINE Install 8,872 If of dual 16' and 12' PVC Waterline CENTRAL BASIN MUNICIPAL WATER DISTRICT DOWNEY Jul-00 $184,000 PAUL COOK (310) 660-6241 IW RONDO CHANNEL AT PEDESTRIAN BRIDGE Install 32016' Ductile Iron Pipe across No Hondo Channel MONTE VISTA WATER DISTRICT MONTCLAIR Jan-Ot $1,215,124 ROBERT TOCK (909) 624-0035 WELLS 19 & 20 TRANSMISSION MAIN x 111 Install 4,320 If of CMLC Steel Pipe LONG BEACH WATER DEPARTMENT LONG BEACH Jukw $2,365,916 VAN JEW (562) 570-2342 PCH 12-WATERUAIN Install 10,000 If of 12' Ductile Iron Pipe LOS ANGELES COUNTY DEPT. OF PUBLIC WORKS MARINA DEL REY Oct-00 $2,322,961 JOLENE GUERRERO (626) 458-3137 MARINA DEL REY 2"NCH FEEDUNE Install 5,750 If 24' CMLC Steel Pipe LOS ANGELES COUNTY DEPT. OF PUBLIC WORKS COVINA Feb-00 $402,984 RAY GREEN (626) 458-4933 CURB RAMPS Remove & Replace 232 handicap ramps CITY OF SAN DIEGO SAN DIEGO Feb-00 $417,475 ANITA WELKER (619) 4462 SUNCREST DRIVE Install 1,720 If 8' PVC pipe ALAMEDA CORRIDOR TRANSP. AUTHORITY LOS ANGELES Feb-00 $2,043,000 PAUL BUCKLEY (310) 329-0102 WASHINGTON BLVD. GRADE SEPARATION Reinforce Concrete Box Culvert / Street Improvement CITY OF BREA BREA Jan-00 $1,573,347 RAUL USING (714) 671-4450 RESIDENTIAL STREET REHAB & WATER IMP Install 15,000 8' DIP I Street Improvements CENTRAL BASIN MUNICIPAL WATER DISTRICT NORWALK Oct-99 $178,595 LILY TOM (310) 217-2222 CONSTRUCTION OF TASK 3-99 Install 2,000 feet of 8' PVC L.A. COUNTY DEPARTMENT OF PUBLIC WORKS MISSION HILLS Aug-99 $2,410,429 MARYAM ADHAMI (626) 458-3149 DEVONSHIRE DRAIN UNIT #2 Install 13,000 feet of 18' - 72' RCP CITY OF COVINA COVINA Jun-99 $618,990 ROGER SANTOS (626) 858-7255 STREET RESURFACING & WATER MAIN IMPROVEMENTS Install 3,000 feet of 12' Ductile Iron Pipe; 200,000 s .ft. Cold Plane; 5,000 tons asphalt CITY OF CERRITOS CERRITOS Mar-99 $162,337 RASH SYED (562) 916-1221 CANTRECE ST. STORM DRAIN IMPROVEMENTS Install 36' RCP Storm Drain and structures MONTE VISTA WATER DISTRICT MONTCLAIR Jan-99 $1,481,385 RANDY HILL (909) 624-0035 PIPELINE REPLACEMENT & REUNING (98-2) X 111 Instan 24,000 feet of 8' Waterline LONG BEACH WATER DEPARTMENT LONG BEACH Oct-98 $248,213 ROSEMARY HOERNING (562) 570-2353 CARSON STREET DOMESTIC WATER PIPELINE Install 3,500 feet of 12' Waterline