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HomeMy WebLinkAboutJ.D.C. General Engineering - 1992-05-18J. CITY OF 1' UNTINGTON BEACH INTER•DEPARYRENT COMMUNICATION 11W1'1hc�bN WACN To THOSE Z.ISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% RETIEN ION PAYMENT Date CCt The conformed copy of the Notice of Completion for the -above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VILLELLA Director of Finance I certify that no shop notices are on file on the subject coritr ct at this time. UIS F. PANDOVAL Public %. ks Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. 000 Date: CONNIE BROCMAY City Clerk I certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer 0574J MMIPUBLIC bms TO; 3497542 SEP 14, 19'3 SIUIPM #641 P.01 City of muntington beat, Gepalrtment of Pub).ic Works P.O. Box '�a Huntington Basch, California 92648 Attentions Subjeett Certification of Compliance with T11.1e VII of the Civil Rights Act and Equal Employinent Opportunity Act of 1972 Conti *men i The undersigned, contractor on Aucrow PrMet No. Title hereby Certifies that all laborers, mechanics, apprentic9s, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under t1a contract on the project have been prid wages at rates not less that, those :equi.red by tits contract provisions, and that the work performed by each such laborer, mechanic, apprentice or train!*$ conformed to the clausificatione set forth in the contract or training progrtm provisions applicable to the wage rats paid. Signature and Title t „ 1 Pf31IPUBLIC brMs YCt 94Sf542 WE 14, 1992 SIMPM WAI P.02 DECLARATION OF SATISFACTION -Or CLAIMS stater Amo 0 on raG Or 1. 1 am the general contractor for the City of Huntington aeach, as to tha project more fully described in the public works ontract entitled .eX-,R3L W t*L %OWt 54%.�� and dated -3-92..._ 2. ,11 workers and persons employed, all firms supplying materials, and all subeontractore for the above-mes;tioned project havo been paid in full, 3. The followinq are either disputed claims, or.items in connection with Notices to Withhold, which have been filed under the provisions of the statuties o: the State of California: (if none, state "NONE") I declarft under penalty or perjury that the foregoing is true and correct. EXA=t@e1 at on thin ` day of .na urd a on ractc: 9 WHER RECORDED MAIL TO:Iil CITY OF HUNTINGTON BEACH Oltite of the City Clerk R. 0. BOX 190 Huntinvton dracli. Calif. 926AF J�� NOTICE OF COMPLETION RECORDED IN OFF1414 AFOMIX OF ONW9 COMYY. CAUKVINV P.M. SEP 141992 64 a ` jt + ptecufdei NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the Citv of Huntington Beach, California to J. D. C. General Engineering, 13061 Shasta Court,_ Rancho Cup-asiogs I Ch 91739 who was the company thereon for doing the followi:ig work to -wit: con4trrction of Warner Avenue sidewalk improvement project, r.C-836. Owner: City of Huntington Beach 2000 !lain Street Huntington Beach, CA 92648 Site: Warner Avaiue betweun Algonquin Street to Edgewater Lane Nature of Interest: Easement - sidewalk That said work was completed by said company ac-ording to plans and siecifications and to the satisfaction cf the City Engineer of the City of Huntington Beach and ►;osplbtad and that said work was/accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday, September A, 1992 That upon said contract the , cBIC Bonding and Insurance Company was surety for the bond given by the said company as required by lake. Dated at Huntington Beach, California, this _91h day of _ August , 19 92 . City Clerk and ex-officio Yjtrk of the Ci ty Counci 1 of th i ty of Huntington Deach, California STATE OF CALIFORNIA County of Orange SS: City of Huntington Beach ) I,CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, thct the foregoing NOTICE Of COMPLETION is true and correct, and that said NOTICE Of COMPLETION was duly cnd regularly ordered to by recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 9th day of . August , 19 92. Haler AQoMont la 301e1T for the offioiel buSlh* as of the City or NwtinLol on Beach, as oontmai- plataa under Goverment Coda Sea. $103 sass should be recardtA im of aborgr. D City Clerk and-6--a-fficio of the City Council of the ty of Huntington Beach, Califurnia I b APFIFIVCD AS TO FORKS r, i T M.,17TON C 1'; : A i ?ORNE'1 BOND NO. CA3996 by4 PREMIUM: INCLUDED IN Deputy City AtVx-n-o7 PERFORMANCE BOND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we JDC GENERAL ENCINEERIPU CONTRACTOR , as Principal, and CBIC BONDING AND INSURANCE COMPANY, a cnrporation organized and existing under the laws cf the State of Washington, as Surety, he 1 pf +:..: firmly hound unto CITY OF IPJNT.TNGTON BEACH It as Obligeo, in the sum of TWEM NINE THOUSAND TWO HUNDRED SEVENTY TWO & 801100--- Dollars ($ 29,27;.80 For the payment of which, wa l 1 and truly to be made, t e executors, administrators, successors and assigns, jointly and severally, firmly by these presenta. WHEREAS, the Obliges has awarded to Principal a contract for the work described as: WARNER AVENUE SIDEWALK IMPROVE 49M FROM EDCEWATER TO ALGONQUIN IN THE CITY OF HUMNGTON BEACH, EFFECTIVL DATE= SEPTEKBER 28, 1992 WHEREAS, said Contractor is r6quired to furnish a band in connection with said contract guarnntesing the maintenance thereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUUH, That if the Principal *hall maintain and remedy said work free from defeats in materials and workmanship for a period of one year following completion, then this obligation shall be void; otherwise it steal remain in full force and effect. SIGNED, SEALED AND DATED this _ 30. H day Of SEER , 19.22... JbG GENERAL ENQZUPING CONTMMA Principal By: CBIC BONDING AND INSURA%E COMPANY BARBARA THIEL, ATTORNEY -IN --FACT t, 481U-35 4-00236 DEPT+RTMENT OF THh TREASURY Fiscal service (Dapt. Circ. 570, 1991 - Ray., Supp. No. 1) SURETY COMPUIES ACCEPTABLE OR IRD)MAL BONDS Contractorts Bonding and Insurance Company NOTICL The above mentionaC company was listed in 56 Fit 30139, July i, 19910 as a surety company acceptable on Federal bonds. Federal bond -approving officers are hereby notified that Contractor's Bonding and Insurance Cimpany is reequized by State lav to conduct business in the Stat3 of California as CBIC 3"inq and Insurance company. Federal bond--approvinq officers should annotate their reference copier or Treasury Circular 1570, 1991 Revizion, to indicate that �31C bonding and -Insurance Company is acceptable an Federal bonds in the State of California. Questions c:oneerninq this notice -may be directad to the Department of the Treasury, Financial Management Service, Funds Nenagement Division, Surety Bond Branch, Washington, D.C.'20237, telephone (202) 787-3921 or (202) 874-6850 (effec. XuXy 271 1991) . DATZO: July 1, 1091 Charles F r Schwan, III Director Funds Management division WOW to be I true opy of the original. Signed ° 1. A � I Mangy Limited 1213 VBkNey Strom P.O. Box 9271 C■IC BaM1M a .w P4ww of Attorney SbAttk, WA 98109.0271 i1MIwNNC'� Callr y (^09) 472.7053 *MOLL WN BY THESE PREaNTS Pal C51C BON WO AND 06LPA ICE COAIPANy, a Do PXW. M rrt)uued srd e1JsVV 6'0 ow laws of he Stara al Watwon, and" IN Pncpel of A in SaW. Kol CAM. Wab`% e k do•a br Tom p•e•nts male, o riftls and appoint R1R&W`114IEL. OIL" f 1its, C440ML 11" a! d IaWV attorney r<; !ecx, wT 1u113" " W" = W N h Ib narrv. 0" vo u" in Ne01e, wowlec" and de'n . (1 I S&, gwr vWW psrlortarloe AM p•rnW b" not e►arearq M pr ial nm of $t 2W.U.12) hd bark kr pb 0M. If* wfirict a wird•d. RN .%U prrnrwsd parfarrnar+ce andnr pa inland wj(A) •rl rol mmn li l 2w,000 (7I as aher barbs a,0ed srfd darlrhl fry h 5rify AU•tvatkn d Arrrrrue ►► sA kaad sAYw1 o. F*kly. Fo pwy and Suety Bavda (rdA" IA" snw 7Wso; as JudRaa!, Co nesa (ercWr>Q try Wm a), lhw* wous, lams end P*W bd FN IJ rot 6900 r Or/ WW &A of f2 000,300; IQ bd baAk fo ha• eMgsn pfrsuard b M brlbny n deuce (])ohm sure. A fM wread K •w N. ftw 1wr rww,nce anax pe v*N b"s) wilt fq1 aam I2.cI .cw; ufe 15) Y Dther bonds nd1 waedrq M partial wm of 1300.000. Pfm iusd. It"". N! BARMF(A THiEL is pars d pow ud ruicnry toe.oNd the ealkaWa WN lAi' prlwiaA w bM a+ sr 1 had 11 an amams e?dl b IIM anourM d ak►1 IsA1en d of ds, a s+rflar ssttirey, recanvad at caawtl Ma+np try M CdrOr,/ as an w�camrt b bbr th• baU; ati b br+d Cw Cdnpsury fAureby Y trey and b h same eesiN ar d sr!i Irorrk w•rA byVW by tw Preoidenc ksAd rM ew = Wal• seal of ft C*mW y and J* imxd by M.%noted; Nfgbi fit" ud a)10 q al Mud en raid WNW kt•W nay do h Mr prA OK, Sad apponenens r made times and by ufnor+q of the W+bWno m4olw., xfopfed by N Bwd of Dvemi of the COIC SONW AND NSURANCE COMPANY on arxnry 1:,1 P91: REW'EDpwfnaPres0maLIttmadbappcvsasatlor-irf•Ac0IndCompanyBARBARAIKElw1hposerandatevitytosVnonlferialldWe1anpor7(r)SBAprrnMeed perbn+iefla,sfp•yrwaty rglesoeadlrtia7rpentlsurtl0'l125000G,(2?bdbardskr5t+swhrrA,AInAcomadwswydef.vaSBAprerr�!s•dpaA>darlola trpl►rwNborfl',s: wlo rpl erased f1.250.000, (a) a Ww bonds'adW and cAYAW M aw 5u •►Y Aseod fhon d Arnsrra in its Ram uam4! d rd•ery, Forgery and 5.rnq Bonds iirOAM 1A A VfWW lrAa V*sb) As ,Aid:.'. Grrtram (#;;, p bd bond.), Mr.00Ww,A. Benno and NrtK I M F•dK& not n cefI ft h Perri sun 012 000 =; (a) bid bonds br !obs wmwf irrwo to ffr auAor:l, rti claur !T f abrnt "I. it fit W*ad is awa ge, ff» perVMUWM and s nay M bM4t il) ud nrA ercc•Od 1110 O; and(5) All N1w borKls not •son" QM PKW $A of sm 0,)6 RESMVED F11 KA IhW BAPUPA THIEL a (lraoted povw bid r,PAnh to tKow the Ate* penal rnf ul"n N p.cedr'C rncilww Wary wrtid h an amen epwl b to Mrldait d any Mw at aedt or AMIN enemy, r•aMed Al owaslerol nanny try the Company As sn'wicemenf to ieve the bond AMA 1 Fl1fITF1ER dvl aWhon!y d M S•velary d ttw C ngarry b oarU►y the esrArattioty an7 edecar•nesf of dw Ipr•254ip Iwo nsal,aons n W+r LhMkd Porvar dAMnr M hM1by dsWWAI'.f VA btfaotiwq .w9M, she aigaatars d aetl d!tN lis"i g b bud the Cargrq vwli 1•sp•d In fM euetierstcnl and d4.cwerru d 7w lwegoirtip feakti a As 7 OwN p rie SsaM•'r d 7►A Co"lpAnY; DavAt Siren, R. L ihN, Charts J. F.A�Ow and Jarrsf R. la•a:rw RF'ALVED FURTHER Mow s"Wrvs Induonp wilkAbon theft Fower OI AfaUnry rA so1! In brn srd OW)CI eN Pr %wk N"weld utd W or. dm!l I a tier sry" tlleomw i , and r* cwWar and NDtsy aerie rp awM on"Umned Power of Ahdnry Mur rK this And trr !oroipnq rew*ftm mcy to by Iaftoft. RES0I.YI:b FURT►'ER dtia N n»oASAaradrlpssdprlDr b aoay apporrwp me atroti•• rurrwd aA awuney+fad br CBIC BOHGNGAND INSl11(AIACEt„OleRlNlan trerelN alpafeaid. N N MAn WHEREOF, CINC WhDBsG MID WSURANCE CGMPAA'Y ha loosed tb+sAe presrnb lobe WFW by b PI Wd llspapvafl sari tr' be hereto atBsed dlfl f dN or Jenwy 1bT1. CK MOM AM NSIIRANCE 0011PANY l Fo I "p N IS _..__.__ _: G(BEAL �3 �•wr , Dsrw, Prssisisrrt - -------------- { 5 iATE OP WA"QTON—WNrY OF KING (h Ira tk, dad d iww",19e1, IwwA -rim affAd STEVEN A GAMES, to ins w4 m 1D be tint Re rr4 oft - ccaalon tltid exeev id >ti bnpnY+p t.brelAd Power d Ado►ney and aduoeA *d w d Urrird Peer nl A11omry h bs 11r!ree an! weeder; net and detr: d srd ooryaraaon, for Ae use and purpoa•s ttlerwn rtwsiorlsld, and an oaah s1a1•d b W M b arAtwreed b asagl9r rie elld LkfiMrd PBwr dAeortifoy. N WrtNESS WHEREOF, I IWA !wwmla end my hind and •Mrsd M a.fdal seal pre dry and year k$1 Abore Iptp DA ore sale co V1MlId "fb rest" The um* W+l►tititiab d 11a Boml d DraM M C 4 "ICING AND UbUW-'9E COMPANY, —3i y � eke, rs of In 5au d C V40 d kr Softy d CIK BDNDPID AND AsSiJbt eye oboa and btnrydrq is -i W. I in and oor+nti a py of the Orlpnal Povw u: Anornq Isaaud by stld Corp", and den hereby Aefher aw* ttut see turd Powwr d AI =q N so M 101114 and sftea. GlvErl hard A Hills CA _ 30TH rteyd SEPTERER ►ti+er�.oatse�tr�et j1 �'�� iy''•Ii }.S.!'�'R .9'i1 All y(-b 13 1 DU 4HCN OECORDED NAIL TO: Cin OF HIINIINGTON BEACH fkhee or the City Clerk V. 0. not 190 Hunfinrim Brach %U& 9260 hOTICE OF COMPLETION RECORDED IN OPICIAL 0EAtlR06 OF ORANKMI MATY, C)ALIFOr.11A p.M. $EP 141992 NOTICE 15 WREBY GIVEN that the contract heretof:re awarded by the City Council of the City of Huntington Beach, California to .1. D. C. Can■ral Enginearinrt, ,LQ¢� Shastp Court, Rancho Cucamonga, CA 91739 who was the company thereon for doing the following work to -:,it: construction of Warner Avnnum sidewalk irprovemnt project, CC-93C. owner: ett� of Nur►ti.ngton Beach 2000 Aa:n 5troieL Huntinat-an Beach, CA 92645 Sttat Warner Avenue between Algonquin Strut to Edgevater Lane Nature of Interestr Easesenc - sidewalk _— Titles d Add a3-1 Lion r411, I Other idyl ,� hac 'Frar , 7- jT ...�._.. _1 9— 1' 1'1%21/ n61tt.> f ���, . Ar� lit That said work was completed by said --ompany according to plans and specifications and to the satisfa.tion of the City Engineer of the City of Huntington Beach and owplated and that said work was/accepted by the City Council of the City of Huntington Beach at a regular meeting th.reof held on Tuesday, septasher a, 1992 That upon said contract the �C81C Bonding anal Insurance Caepany was surstf for the bond given by thn said company as required by law. Dated at Huntington Beach. California, this 9th - day of August , 1992 . city clerk and ex-officlo r of the City Council of theTity of Huntington Beach, California STA*E OF CALIFORNIA County of orange SS: City of Huntington Beach . 1,CONNIE BROCKWAY, the duly appointed and qu,.iified City Clerk and ex -of ficir Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and rtgularly ordered to be recorded in the Office of the County Recorder of Orange County by safd City Council. oatod at Huntington Beach, California, this 9th day of August 19 92. ThIs Acinument s reletal for the orriotalbusiness N the CltT ty of Mwtinftso Beach, as contM- plated Mwor Omverrrwnt oede city Clerk And ex-o c o r sea. 4103 gad should be recorded of the City Council of the trity fiM of glares. of Huntington Beach, California it, 0 z ir -.f uKEN RECORDED MAIL TO: WY OF �IUN11NGTON SEACF. Office of the C►ty Clerk P. O. WX 190 tiunlinMon Bench Cal-1. 92AAF NO'iiCE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beech, Califcrnia to . J. D. C. Cesaral dnginsurina, _ .0j Shaata Cnure� Rancho Cuaswanea, CA 91739 %ho was the company thereon fur doing the Following work to -wit: construction of Yarcer Avenue sidewalk improvement project, CC-83F. owners City of Huntington Borah 2GOD "&in Strut Huntington Beach, CA 92648 Met darner Avenue between AIgunquin Street to Edgewater Lanu Nature of Interacts Easement - sidewalk That said work was completed by said company according to plans and Specifications and to the satisfaction of the City Engir-tr of the City of Huntington Beach and completed mi-d that said work was/accepted by the City Council of the City of Huntington beach at a regular meeting thereof Meld on Tuesday, September 8, 1992 That upon said contract the C51C Bonding and Insinrsnae Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 9th day of . Autuurt —1 1992 . .y Clerk and ex-offfclo r of the City Council of thy, ty, of Huntington Beach, California STATE OF CALIFORNIA County of Orange ss: City of Huntiigton Beach i,CONNIE BROUWAY, the duly appointed and qualified City Clerk and ex-officio Cleric of the City Council of tho City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and corre,-t, and that said NOTICE OF COMPLETION was duly and tegulariy ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, Califcrnia, this 9th day of u ust , 19 92. Tbts document is nolelt for the eftiotal business of the City of at atin!tea glitch. as astttosw N1stod wrier Oororment Code Sm. 6163 and should be r*eordtd #m* et charge. City Clerk And ex-o e o r of the City Council of the flty, of Huntington Beach, California • .4001 '�, CITY OF HUNTING TON BEACH 2000 MAIN STREET CALi::URNIA 926M OFFICE OF THE CITY CLERK September n, )992 'N Lee A. Branch County Recorder F.O. Box 230 Santa Ana, CA, 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City C1erk,City of Huntington Beach, P,n. gox 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion. Please return the conformed copy - document number, recording date, book and page number. Sincet•cly yolirs, i Connie Brockway City Clerk CB:bt Enclowe J Q.C. CC-836 ITokoftnr 714 038ZVI /- To, - ofoo o REQUEST FOR CITE' COUNCK. ACTIO "Y'�.°�- Date September 8, 1 Z Submittee to: Honorable Mayor and City Council AFpxoVrD BY CITY CUUNGIL Submitted by: Miebsel T. Uberuaga, City Administrator I ProWed by: ' outs F, Eawk wal, director of P::blic Works Sublocc: WARNER AVENUE SMEWALK DFPROViEM NT PROJECT; CC4U Consistent with Council Policy? I A Yes I I Ntw Policy or Exeeptinn Statement of Issue, Hecommendatio.;, An ilysis, Funding Sourer, Alternative Actions, A ,twahments: UMEMM Of IS UE: J.D.C. &Wneet'inR hes completed the Warner Avenue Sidewelk Improvement Project, located between. Algonquin Street to Edgewater Lane. 1. Ancept the impmvaments and authurize the City Clerk to file the Notice of Completion. 2. Approve t1tie total rontrsct cat of $29,212.90. add'.YSm. On July E, 1992, the City Council awarded a contract to Yi.D.C, EngineerInj to construct the Warner Avenue Sidewaiip; Improvement Project, located between AlSoNuin Street to Edgewater Late. The conavoction of these impruvements 12 now complete per the approved Plane and Specificatkm; therefore, t%a Director of PLblic Works recommends acceptance of the project and requests that the Notice of Completion be tiled by the City Uerk. Contract Amount $28,545.00 $29,272.000 Construction Cfarce Orders (IO%; 2,200.00 0 Project'"Supplementaln" JL- Total $34,94S,00 $29,2 2.80 * Actual field quentitleo for the construction of concrete sidewalk m-e greater then estimatC4 SuMclent County SH 821 funds were budgeted for this project bi Account Number E-GB-lp'-410-6-39-00. Now MTU:LI;S:LT:gt1 33075/ i 7 Ono NMI I h,.-re ruceiud Pey=nt and Performance Bond for Warne% Avenue Sidewalk I rc';emeax. "roject,CC-836 on behalf of tint Tinaeurer'e Office. " CBIC CBSC BONDING AND IYSURANCk COMPANY •��` tr l .IlifI1r11iul: �,l��/ l.��l ��rl \I r�, i��_�1 \1�� 21 i72 I'LVq I':iiii IL I)fl c,5':!- IKi La-nilm Ilill"CA 92(153 (';Ili kit III:I Poll lit. Works 014)770-1+73.1- 000) 27:-('111C N:ui I.ml Itln.l ti�� ilt•11 770 9!0FAN i ''i.r.r h•i ILi, I� i„1 r, n,!r.':,I ui I'i• ni .•,i I,': 1'rIll m1 ri • 1"hA KNOW .\I.I. NIFN Ill" 11II:':,L i'I:! ! I:i' PA, Ilat ttr• ;,11I!:S I•;. I']:A NO.N' l lll:A: .il)C GI:hl1:XAL ENGINEERING CO1%'1'XACTOR -_ - - t,lll�'ll tilt I' ills Ilt,li,;trll l'lll(' ill?\'I)I:�Ci r\Nfl'htil+I: 1i\C'1: ('l)h1i'f\hl'. a \ti°tali. ,±tun ro:la'I;r,inn luthurl r�l In t! ;u1 ,n, , .r. .tilt It in th,. �ullt o!'t':;II(I,nna, r; !Irtl the 5rttoy, ,rtr held ant! Neatly hound unto, (J'I1' OF i „TI16,F0!l Bil"AC111 a!!rel the Ohli,m., in I,It! cunt ui _F:)RTI:I_:ii T110USA11I)- LOUR HUNUPUD '1t _I:�1'T1' 71-0 ,; I ullars (4 14 It 22J C1(Ilenal sutra l fir Ihr p;r[ Itrcnl whervol'said Ili mcipal and Surely bind tl:emst;ivt t firmly by Ihese P WS NI S. \V[IEf21iA5, the Principal h;:s entered into ;I contract dal.cl tilt cla! ol_____ with the obligcc, ct. WARNER kVENUC S11IL'Q'i-Y IMI'F0VI.,:IalTS FROM ':1jGI`1WATE,i; TO t%lA;OyQ)UJN IN THE CIT1' OF HUNTINGTJIJ BEACIi (" Contract NUW.'FI IEI)%I F0I?,F, il'the irincipal or its direct. suh_'onU;tctor ;,h: ll pay all o! the pet sans n;lmecl in Civil Code Svetiol13181, caramountsdue undcrthli Unc:iiploynit:nt Instil; c(eCodeevithreslvctto\vOrkorla1,orperformcdunderlheContract,orallynruueimS nuuired tc; t� tlecluctcd, t+'iehhe!J, artcl nai.I uvcr to the Gl:tployment f)avelupnuul Dep:uytnelu from Ilie wages of cnipluyces of the V cnln ,!ccor c.!xl suhcontraciors pursuant tit Section 13020 of the Unemployment In•;ut ance Code. -.vide respect to such work and labor, thcri this ohlig;ation Shull oc void, otherwise to renutin in full farce anti effect, subject however if) the following cenuitiotts: I 11rat this hund is only for the ItCIICfil of persons mated in:: ivil Code Section 31 h 1 (;Intl theirassigns) wh., have contracts~ with the Principal or its suhconmicior(s), tnrl no :1lher pally shall h;.,e any right of action against this bond. 2. It is 'a c, rc;ition pret•cticnt to claim uplon this iutntl thm claitriartt Las given the 90-clay pub!ie work; pr0imirtary hoed notice as pruviucd ill Civil Code Sectioct 309!. 3, No suit may' he hrr tigh! (ill tho, band tin less ccrurrtenced hetiore tLc• v-\pfratitm of six period in which stop notices may lie fiicd a-. provi1ed in Civil C'000 Se,aion 31R•I. 4. lfsuit is bru-!t:hl upon tile; I:Imd, a le-tsonjIllt-:trtnuttty fee shall he paid to tilt prevailing party, biut'no ationicy fee shall Im paid froui tht: I�;,tltl un!css surf %,,;I has tv :n tiled prior to payment by ow surely of the claim. .5. The stacty',, li;,;,ility i,cre;mtlrt• is litnilctl >dngly or in the aggrepatc, to the petal stint of the bond set for11+ herein, and any payllwni by 0,c Surety to a cl.lint;utt or cla 111MOIS Ilerettptlel- INIUccs and exonerates the pond to (lie full cr••Icnt paid. Signed an.1 seal.d this 20TI1 clay,.; JULY _ Ig 92 JAMES E. 1)1iAR�fONP llIlA: GINEFR.TNG COOT RAtITOR ('111IC BUNI)ING ANI) IN,SIIRAN E CC)M)"ANY Attorney -in -Fact, AARBARA THI L APPROVED as "SO �•o I;;,I : CAIL HUTTON, City .At'uorney By: Deput 1 ty At t Deft, '7.31-t L Bnett:PPW0I•CAq&r(V1 i 4810-35 4-00236 DEPARTME14T OF THE TRFASURY ciscal Service: (Dr,pt. Circ. 570, 1991 Rev. , Supp. No. 1) SUI;ETY COMPANIES ACCEPTABLE ON FEDERAL BONDS Contractor's Bonding and Insurance Company NOTICE The above mentioned company was listen in 56 FP 30139, July 1, 1991, as a surety company acceptable on Federal bonds. Federal bu;irl-approving officers are Hereby notified that Contractor's Bonding and Insurance Company is ruquired by State law to conduct business in the State of California as CBIC Bonding and Insurance Ccmpany. Federal bend -approving officers should anriotdte their referenca copies: or Treasury circular 570, 1993. Revision, to. indicuta that CBrc Banding and -Insurance Company is acceptable on Federal bonds In the State of California. Questions concerning this notice may be directed to the Department of the Treasury, Financial Management Service, Funds )~Management Division, surety Bond Branch, Washington, D.C. 202270 telephone (202)1.87-3921 or (202) 874-6850 (effec. July 27, 199i) . DATED: July 1, 1991 Charles F: Schwan, III Director Funds Management Division Certified to be 9 true copy of the original. Signed4 " "Xie-b Horan 11gy t CBICLimited 03 oxll027iraet CBIC rONDINO ANO Power of Attorney Seattle, WA 9810.0271 WSURANCE COMPANY (206) 622.7053 K10WALLMFA If THESE PRE SENT SNICBiCBryNG'N:, AND INSJ3AW%COMPA, cY,acorpic,Vonduly (gan:ud,u:;uc^c'owso! the Stera00WaShrpton,And rv'^v14mr- adlWAre inf'eMpa, tang t aunty, With' V1011. tJnus by mete of I):r.a! !s, r;c,! !,rn a, d! 1•ue Aix' ldwful dntkrary i,t fact, eillb lut paver ad bulnonry mmoh Conivelow, is pale, pta:,s and stead, to Iitoulo, aivrvuwiplge atU de'ner: (1) SBA pua'a^. r9if po formanre -nd panmrif unit rk t okcood ng the powl Sum of 61,250,000,!2) bsid bonds k+f pbewhere 'It000tMrac1is8estalm.44SBAguarartleeopartormancaand'orpayr'xrntbonoiI)will riot tt':auoSI.250 -0;(1)VIcI Ix -cis rod,.•:! and oiss+Ae.tfists tee!goryAstociamilrrAnnifliinks H"kears,al Fidelity. roigvy Ind Swely Evols pfrek4sla fu,ufu amen: nary !`rreto) as Jud'..l'. CM11%I Ita"A ng t• d bON J ki s-:c'arxaus, license e•+J Permn, and recwal not • wing M l pert :,nm c' S2.0C,,C00i (y bd LWV% for lobs ennen pu!u ae1 to thv aulhonty N 01 :Se (1) otaNs wt t'e,'I t,• onbaa is a 1 aIwo It'vivic n--u end of palmeni bondll) MA icy! aacoed S7,000,W. and ;5) av otho bends nd etceemrq Ire papal sum Of $500 COO nrovldlL, howr. ei. ,s11 pAPJAP%A T1I El 1ig'A• lei? {ewer a d rnnxnq to o+;reJ Uro dpplu abM pCr,> I Mmt Taos sourly ,al lash for any tined in an amour eryu+!bVtaamour!01anykn1tofzre/dlt•Or5,7ow,:•ecuwyrPCP tdn:fr7.!1r]f![lln:ybyG0C^rryanyasanrdJC,TCx10iS:utlIn0t101i;arotobldIIVCompanylrtafebYasfuryNdtolot sameWON A it w bond: were srNr4d by!w Pesdenl, soalod w im I^s mrpa`e sezl o1 Vw Company a•xt duly art stud by its Sec:etay, he try IS; tin; and eanfurning al fhat trM rhd ntconx•y rt•faA may Jo in IN prenlMet. Sad avfpootU�u.y i; Made unckn antd C,aath6•(1y eI adopted by the Ek vil of IN, vc,ts cI ry C3'C PC'Na;1Ki AND INSURANCE COMPANY on.1"fy 15, 1DII: riESOIVCD Ihal Ire Pr.7s,dtrna n au'hn�tod to ape: nt a s atlnmcy �n Iax of fro Co.^p my DANC A R1 TN' EL w In Mwar mta aut�lortry to sgn on hrnoN of t fe Comparr/: (I) StIA puMaMaed perlorrnarceand paymaM aids not erhiedingtncpenal Sum Of!1 25000) J211.4tiondsfor. iisw m e.drreC;r!f,rtirawarded flits, 58AquVanlcwaperluttrNrtcvand o•plyrhenlbord(s) arc nolesceedi1150,CJ0,(tlelotnerR'vas.odederc;ell•.ssredbylnrSaet/Asu�,:•atanatAmrrr.,aur,;;flucu.,;,-ulelfrdely.forQrlryaroSWeryeundal�nch�dng`., nanyrsgmxxs ItWO101 AS J4641, Contract (+a,eAd rsg slid bonds), MSLe'laneo: , license us! Pwmit, and Fodetal rt its cue. nq Vie penal suit of 32,00.00, (i) biq hows for ON whnsn pwsuanf to Mle Autivyhy, t'1 c6use (0) atywe till ore. it Ii,e cunt tam is awat dM, thr perlomtaxa and'or pay , 6r,1 tc * ; s) N 1 rut eiteett i:.000A0o, and (5) a0 other bonds nit etoeedutg on parW A -a of 1500 M. REWLM 1 URTHcn that IARBARA I KEL If granted power and auttic sly to exw%d the applu'ub pans I Im,l Jet lonh In the precr. d,ng relto+u'cn for sny bond In en amain aurnt sG 1'4# ~11 of any letter Of Crew. or simlar aecti rctvlvvd as to"atem) sawnly by the Ccmpa'+y as An iM,tte'rtrnt to 1mve tho bond. FiESOIVEDFURY IIERthalthe authon;NI;USoon lAryofthe Company l Wily tho'turhom„lyarsieKatvenass alttwtovorgt4orosdutrnsina7jUn ed?owaolAft"yisWelty de+agefedlo the loildi p wiffl s, the tgnatrre of any of the blowing to Lind tho Company with ntspecl U I`a 4,tn,•r,t:7ty and vVilweness 01. IN) !ynaing fea0k+lq 1S as II W r+atd WIN Sevellry of MN Cortpar y: Donald 5rt" R. L. T:el. Charus J. Fa'sfsaw and :ants K. Lona tiu RESCILV(D FURTHER MI the signatiret pno+udintg cerr!r_v,,n th• I Ne Pcy,'cr of Anmllcy 1s st ,I in krre i^d sired) of Ine Pros Bert, Notary 11ub!tc and peon cerTi" aad witidy and aMeclwrtess. and thf mitpaato aid Notary seals as;yarnng on any Unged Puwer of Anonviy w!a nine it, s and tha lorogoi�q resolulm k mus, be by larldievule. I,ESOLVED F1J9TMER thell IN nsdulrons Klospled prior to loony npf,6ollrtg the I;aove hamwl at a`ofney •in• taot for CB1C GONDINGMD INSURANCE rOAIPMY are lneroby Skpereeded, Iq WITNESS WHEREOF, CBIC BONDING AND M+15URANCE COMPANY has uuAd U+sff prosen!s to W s,o,ned by it; Presi..tent And ..% corporate seal to he hereto slklred INS 15th day at dareAl.1991. CBIC 11"11`4 AND INSURANCE tOMPANY .r��••• •syst g,ND IM5�q�� tII =' 4 lSMvar! A. ftaatea, Pr.�r;et11 •• �/rrn 1 97 9 ' sn%OF WASN'NGTON—WilTV (if y,;t,G On 9ris iSlh day oI Millwary,11"t, perwatry, appeared STEVEN A. GAINES, to me Hewn to be Uho President of the Uv})aatot) Vsat a tea led the !orepotng L'mlled Pow o!AtrotMy dam at MttyANdped Uld Urrow row M Attorney b to I" fps and vokyrtary act and deed of said Corpovabon, lot the uses and pu poses fhere+n rner140ned, and on oath sfflM that he Is aumorfaad to e:eade she saw lwvw Ptrow of AaDtfery. W M11?T 1 WKREOF, I hive It mqw to net fry hand and seised m1' DK*af coat the dal and year first lave 4 — > �8L1G I 04 NtVary I uo :I ftod fifty Mat ISI11e of W!t wngton, residli et Scattle The RA1prM0 atdirq te)det wilhorty or the Bo1: i of Dtedors of CBIC BONDING AN5 INSURANCE COMFANY, WZT'.ert, ibe, as or in Wu Ili! Ceal9 of tha SecretaryIIO of C64 e L%P 3 AND WWRANCE COMPANY that IM starve and fdtpding it, a fill, true and oorrecl copy of Ne Orgmal Fowan W Altornu y itsur+d by said narrpany, and dola0wet y Nr"ir curvy "the Wo pow• of ASasswy Soo In "Arid r;tVENurltf2rrtry LA _HILLS, CAw•_ 20Tii----—------ 1s�ol �JiJLY ,1y 92 tassis F018701.05•U5oll591 C Cstlifornia: CBI .13 172 I'Lit; l'itime Dlkc. Sulle Isa PERFORMANCE BOND I qu.m Ifilk. CA 92653 t:'alilitrni;t Public \lurks 014)71n•a713 CBIC BONDiNG AND (hlrtri 274.Clrlc: Nmimul INSURANCE COMPANY 1714) 770.9803 rnN fIN.,L PREMIUM WILL BE ADJUSTED BASED CN liond No: C0996 FINAL CONTRACT PRICE — I'le-nium: 5 577.00 KNOW ALL MEN lit' "1'tiESt: i'RE'StEN'i:S.'i'liw we, JAMIES I: DEARMOND llRA: JDC GUERAL ENGINEERING �. CONTRACTOR _ called the Principal, and CHIC HUN131NG AND INSURANCiE COHPAN'i, a Washington corporation authorized to do Nlsiness .1% surety in tilt: State of Califcrrni;:, called the Surety, are hrld ants toasty hound unto _ CITY OF^HUNTiNGI'ON BEACH called the in the suer of , TWENTY EIGiiT THOUSAND EIGHT HUNDRED FORTY FIVE & NO/ 100-------- - Dollars ($ 28,845.00 ) fo. ttte payment whereof said Principai and Surety hind themselves firmly b- these pn-senis. WHEREAS, the Principal has entered into a contract, dated tilt day of I9, witli the Obligee to du and Fprfbrm the following work, to -wit: -WARNER AVENUE SIDEWALK IMPROVEMENTS FROM EDGEWATER TO ALGONQUIN IN THE CITY OF HUNTINGTON BEACH "Contract"); NOW, THLREFORCs, the condition of this obliges ion is such that ifthc Principal :1ha11 well :uul Duly perfom, thcconstructim work culled for under ilia Contract then this obligmion shall be void; othetwise 1st renu in in full force and cffeet. PROVIDED, however, that thishond is forth: benefit of;F ,- numec10bligec only. and nootherperr;onore,ttity husunyrightsagainst this hoed; and PROVIDED, FURTHER, that any suit nnderthis bond nmst be instilutctf before the expiration of one (I) year from the dam en which the Principa: last paerfomted work under the Contract or from 11t: this of substantial completion of the Contract, whichever is curlier. and PKI)VI DED, FURTI tER, that this bund shall not be l iahle f Err rosy huhi lily of the Principal ror tort ious tenons or inactions, whether or licit said Ijahilit y N imposed by statute, con mum late, or is imposed by file Comtracl. It is tl,c intent ul' all parties llim this bond shall not he a substitute for or supplemental (o an Y liability or other insurance required by the Contract. Signed curd scaled lbis.- 2OLH dayol'____ JULY ES E . DIJA 0 1f] DBA t'rincil : J GENERAL EN 'ERING C17',1TRACTOR liy: L APPROVED AS TO FORM: GAIL Hi1TTON. Oity Attorney $�� u,y Attorney . ly- 92 112111112 Ift)V )lI G AN1) 1NS11RAN (;)ANl' By: Attot'trey-in•Fact BARBARA THIEL �iNifrngP.11l fiACrblfi9l�' Home Win: CBICLimited 1215 Valley 311f1�1 P.D. Box 9271 C51C B NOING AND Power of Attorney 5 dll e, WA98109.0271 NISMNCE COMlMNY (M) 622.7053 KWWALL MEN 9Y THESE PRESENTS ItA1 CHIC BONDING AND NSURANCE COMPANY. a cr ,w,mon rry Lit .pled and oil, .',"V u' a►r y'e tte s C I!" Sldr. PI W )slwnplpt, Arid l3wrig dt Pnnopat owoe iA geeeke 1'uq County, Wuhiytfri. uo" by Ihete psbenls make. conoii,Iv ahl i:1*ynl BARB A RA THIE L of l Nur,a :I,:Ii, Ca61". -Is Irus Ord Hwluf IOomey n•!ac1. with t a1 pow and aumoray homby CatN+fed in ea fame, plats and.lead, Its t4OW , 11Y.0`10w1099 and dabvof. (1) Slit g4Ar1n4'Cd po'10rnuKe till: par renl Wr1Jf Pot eaCtree,rig Ina penal tUr 0111.2%,000; (!)bid bmdl Or p0: vtwo, Ifriefe araclK twitdvd,tnaSBAt)u.rinrxea(+sibrnlancttandrorpay men!bo.kilt)wtlnole'CrcdS1,250,nth.(3)artworbonjiWJeddr4ciawfitUbythobweryAtapbaftv101AMOWAinits Ralf N'YON olaldwy, o,Orr es JtdreXlt. C0i!rAt1 (o+tWAq hd b0' d3), M15*iAMocul l 0-4 and P01111011. e14 Federal rot vie*" me ppw Oath of $2.f300,007:(1)bldbadsfor(OCJwtmMPWtu.rltothJeuthorilyincieuse(3)above ANY0 ther*4ormar>n•ird';'PavIvnthn I)watrot aiCbedfi.000. .and(51Molow hoer}tndvsaedvtgthepare!supcI5500.1AU Pr�,c1,M,hpaerw,teal'1t,RnARATnIELttgrameisxwman tult+a! beXZFX1tit,iirj'rtl00NMI! k,r+I PuVOus!y>61106�hbrafry:*4ihManrdatl tqual o Irtsr Omount a any boar of cradlr, a Nm,ar tticvnr), rp�,V rod es wtlalvrAl :rrv:y br IM Cuttpi ny as an �ru,,,enoM W i;suv u,v QOrU . ! Ic Gnd lho Company G1BraGy as tuoy am b RN aama Iat"I as d Wh bottut Well typed by the Pces•dent to 1416 tr% tht ortpaate teat of IN, C. rnwny a:V, du'y an.esl wt ty its ov�re;a y, W,,try r; t f ),', and oGitrmurp 0Ihal the $44 vrtorrMyln•tan fMY da 011114 prMkwt. !31'id appantn eni d ma b under, aro ty amhonty of Am lolbwnq re::h ! cn: ; doy !,' D/ .tie NuarJ 0 O rrf!o•i 0 Ito C a IC 9714D,N7 AND INSLl1A1iCC COMPANY on Januup 15,1141: RESOLVED lnat ttieFfesdem rs Avirxled to Wrii as aftorney •In Iui of Ill a Cc nriny BAF;BAHA THIE L o n K war A Nia.!—iffy to ogi on tr: hart of iM Corrpany. ( If SBA quurrMnd pevrlMtCegivioymenibrrd!n01v,Cetd•rgthe penalILnM$1,iS6,Olti.(2rh.dtv).,.Ufaf.phsWere rft"ef0't'e.t4oi,,lr,4rd,ireSBAD'Ara'NpY]PtrMrrnlnpard'orNeytw+ltrane(Aii will not w"dll,'':O,OI•(3)sloth.ibttrndacocledhndf;U*fiedt/the $uryi)AiSNnako'tofArno%if o 01RAteMarwalolf+k:4y Foig!rypndSuro:y"%(vldudlryltthirsa vnchntnb tletto) as.A+dtaal, '.9nlncY (eyd,drru bid hyw). MIscNlAntous. Lkor u and Porn I. and rodoraI not d tvtedlnq Inv p na'surn Cd 32.wo DIX: fill b' N606 W )ebb writ." putwo ILI !fe eiKltoilry In.flaw Ill! Often w'Iwte, d tho forbad is awarded, lho PJ,.vm ante and'ot payment bent(%) will not c rrud $2 000 =: and (5) ay other tar43 not eRcNdll'q lltu WM 'vn AT 11500A00. RESCLYE9 FURTHEt. that BARBARAIHIEL is grenled politer end w-!rtony to r,C6"d the 1t,'tplrcabis pond Ym t set Oath m the pec:dtnq ritwMion lot any bwW M an woo souo to the arnetA+f Isl any ionp If Drool. w 1inkll r kw*y, reoeivg At C011a1018i skuNly by the COm(wny as yn M'-duco" la issue r e hor%!t RESOIYE D FURTHE R 11ut dta ilulhonty of the Smetwy of the Conpany to tend/the autrw nbdry and eff ectwness N the to "p np two fasoluM In airy Lirrrtad roww of Arc ww'I Is tw" dedepabd so We lolowirq (Wrom. IM s-ytatw s of any of the Wsriwdnq la t> r>L the Co irgsany with rospea to the auA rnI c:ty :rA effecbyenest or Die bro oing ns0lubons as d MWW into Ssaseary of ft* linVarry' Donald S'rkin• R, L. Thiel. Crlar;es J. Fafsknw and Janet K. Lwaina, RESLLVED FURTHER that Irr sonstwet (nduimq ev vluliun Ihtl fir: P-.-tr of Adorney is slit In force and a vo) of the Proseent, rvwaI Pubk Airs; perw M+a+t'+ng autlr•+nbtiryand efgtclWWass, and this ooq orale And Notary Opals appearing on art I infM1 Pu vef of Afromvy Conlainng this and Ili to agoinp rasdulons may tte by tarA rAs REW1.40Funi HER twill ra"Iyonsadoplodph+10Way amni glhisatAvenSRwdasaoorneyin•tacdWrC8A:SONDiNGANDDaSUPkKLCOMPANYwehastyaupwSodtd. N WRNESS WHEREOF, CBIC ISMO NG AND INSURANCE COMPANY has caust'A oese pesents to k tgr - I by ua PrstiderT Old its coroordso feral to be hereto aft iod mlt ISM day of JarVn 1101, Cblt: BONMNJ AND INSUAANCE COMPANY 00 IdSt/ht e�dcP E' S, r ___...� �.... s id SEAL R S1tNm L9eL ra, Prse+oetM r+r J 979 • s STATE OF WASHI IGTf N—COUN1 Y OF KM 'h'gs k On 1* 13% day,) Jetluary, 1991, personally appeared STEVEN A. GAINES. to me known 12 be the Presided of the wrpor icri met eseviled the loregdrq LrrJted Porter of Amnity, W wgtoe4dyed sad UirsMd Pe»feroMairiey fo be the fife aril yohmtary Aid and dMd of sate tOTora6cn :or the uses and pu'posas mprpin nlenhoned and on oath sielbd that 14 is eutllonnfd to simm fed 04 LiT^d Pow 01 Montey, N WITNESS WHEREOF, I -ilia hareunla set my hand i1v affixed my otftoal seal the day Ono year first atx>re N K DA 4 �►�yaatC�' r '• A68 L1G + e the In a Notary 0* Rtic nd la slate d NhS+tiryfon, 114dirq ei S'seffM _ ?n W�esa\�` TM urete+sprrd aacc'�'nr1pq ttndpf Avifrortfy of pal Board of DJa.CWI of CBiC BONDING AND INSURANCE COMAkW her% IISO1/1AIdCLe C�kIP,ANV thal the above" loregdrrp Is a Mt. Vu ertd carted copy of fie Orig rut Power of Mtomey rswed it afM in fbrettW) a i. �- fstv>rNunoWln:�_LA NA HILLS, CA 20TH PWT02 Ch•LW11591 pa as a A 41 of Ctfsitra!e V the Sodvlary of CBIC BONDING #4 Con;sany, and Qm heybyl ruflher eta" ma: to am Power tylAm ay oayol _.__._.._ .TULY t1 92 _. 483.0-3:1 4-00^3b DEPARTMENT OF THE TREASURY Fiscal, Gecvice (Dept. Circ. 570, 1.991 •- Rev., Supp. No. 1) SUPETY COMPANIES ACCEPTABLE 011 FEDERAL BONDS Contractor's Bondiliq and Insu_•ance Company NOTICE The above mentioned company was listed in 56 FR 30w39, July 1., 1993., as a surety company acceptable on Federal :bonds. Federal bond -approving officers are hereby notified that Contractor's Bonding and Insurance Company is required by State law to conduct business in the State of California as CHIC Bonding and Insurance company. Federal bond -approving officers should annctate their reference copies of Treasury circular 570, 1991 Revision, to, indicate that CBYC Bonding and -Insurance Company is acceptable on Federal bonds in the State of California. QuQgtions concerning this notice' -may be directed to the Department of the Treasury, Financial Management Service, Funds Management bivitlon, Surety Bond Branch, Washington, D.C. 20227, telephone (202) 287-392! or (202) 874•-6850 (effec. July 27, 1991). DATED: July 1, 19 91 Charles Y. Schwan, III Director. Funds Management Division Certified to be a true copy of the original. Signed c� 1✓ CITY OF HUNTINGTON BEACH 20M MAIN STREET CALIFORWIA 9264E OFFICE OF IHE CITY CLERK CONME BROCKWAY CITY CLERK August 4, 1992 J.D.C. General Engineering 13061 Shasta Court Rancho Cucamonga, CA 91739 RE: Construction of Warner Avenue eidewalk improvement project PROJECT CC-836 Enclosed is a copy of the execu'ZiJ contract with the City of Huntington beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Sdtisfact-:an of Claims and the Certificate of Compliance form MUST BE RETURNED T4_THIS _OFFICE .AFTER TH PROJECT IS COMPLETED BUT PRIOR TO 7NELEAF RETENTION FUNDS In addition, the following item must al;u be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work acid materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regrrding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 336-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance tTWooton : 714-53MU271 CIT'I FUNDED CONSTRUCTION CONTRACT BRTW EX THE CITY OF HUNTINGTON BEACH AND J.D.C. GENERAL ENGINEERING 1^OR TI M C.'+CIIISTRUCTION OF TRW II%R MR AVPUM S I DBMA JK IflP9rpVzamsn4i 0 (CC-d 3 6 ) TABLE nF CONTENTS SECTION PAGE 1 STATEMENT OF WORK; ACCEPTANCE OF RISK . . . . . . . . 1 2 ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPRCIFICATIONS. . . . . . . . . . . . . . . . . . 2 3 COMPENSATION. 4 4 COIMaNCEMEN i OF PROJECT . . . . . . . . . . . . . . . 5 TIME OF MiE ESSENCE . . . . . . . . . . . . . . . . . 4 6 CHANCES . . . . . . . . . . . . . . . . . . . . . 5 7 NOTICE TO PROCEED . . . . . . . . . . . . . . . . . . 6 8 BONDS . . . . . . . . . . . . . . . . . . . . . . . . 6 9 WARRANTIES. . . . . . . . . . . . . . . . . . . 6 10 INDEPENDENT CONTRACTOR. . . . . . . . . . . . . . . . 7 11 LIQUIDA&ED DAMAGES/DELAYS . . . . . . . . . . . . . . 7 12 DIFFERING SITE CONDITIONS . . . . . . . . . . . . . . 9 1.3 VARIATIONS IN ESTIMATED QUANTITIES. . . . . . . . . . 9 14 PROGRESS PAYMENTS . . . . . . . . . . . . 20 15 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES CU . 11 is AFFIDAVITS Ce SATISFACTION OF CLAIMS. . . . . . . . . 11 17 WAIVER OF CLAIMS. . . . . . . . . . . . . . . . . 12 18 INDI$XHiFICATION, DtFENSE, HOLD HARMLESS . 12 19 WORKERS' COMPENSATION INSURANCE 12 20 INSURANCE . . . . . • .. . . 13 21 CERTIFICATES OF INSURANCE; ADDITI-OHAL INSUitED ENDORSEMENT . . . . . . . . . . . . . . . . . 14 22 DEP'AVLT ANn TERMINATION . . . . . . . . . . . . . . . 15 23 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS . 15 24 NON -ASSIGNABILITY . 16 25 CIT: EMPLOYEES AND OFFICIALS. . . . . . . . . . . . 16 26 STOP NOTICES; RECOVERY OF ADMINISTRATIVt COSTS. . . 16 27 IWORATION . . . . . . . . 16 28 NOTICES . . . . . . . . e . . 17 29 CAPTIONS. . . . . . . . . 17 30 LEGAL SERVICES SUBCONTRACTING PROHIBITSD. . . . . . . 17 31 ENT IItETY . . . . . . . . . . . . . . . . . . . is CITT 'FtlM4Dn rM8'I' MITION C WTUCT 837MM Tog Ciry OF EiINf !' I NQ' M MACH AND J . D.C. GEMMn MCI I UP t /C irOR TUR t70bf TRUC'T ION OF TIM VARIMR AQEI1M 81 DRMALK IIP N'i'S (CC- e 3 6 111IS AGREEM-NT is made and entered into on this 3r4 day of AMuot , 1992, by and between the CITY OF KUNTIM M V BEACH, a municipal corporation of the State of California, hereinafter referred to as *CITY," and J.D.C. GENERAL ENGMERING, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinaftor referred to a^ "PROJECT," more fully described as the Warner Avenue '`Iewalk Improvements from Edgewater to Algonquin in the City of _ agton Belch; and CONT'RACTOP hrs been selected and is to perfoTm said work, Bali, TMEFORS, in consideration of the promislas and agreements hereinafter made and exchanged, the parties covenant and agree as follows: Ems- :,, �:y; • „• , ; . � = .� .., . � � : CO►rTIi.4(MR shall furnish, at its own expense, all labor, plans, tools, equipment supplies, transportation, utilities and all other items, services and facilities Necessary to compiete and construct the PROJECT in a good and wozkmanlike manner. CXiMCTOR agrees to assume they risk of all loot or damage aiiaing o►ct of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen Cifficultiers which may 3rise or be encountered in tho prosecution of work, and for all other rtsks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension 6/30/92 -1- or discontinuance of work, except such aL� are: herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipuiated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to to computed on the basis of the units of work as it is actually performed, in accordance with the stipulated pri rex named in the Bic] Sheets). SiiE��ATTOI S CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreemnt and the Cotatraat Documonta (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 May 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 May, directly o: indirectll, to the work covered by this Agreement, "Cc -tract Documents* as definFd herein mean and include: A. This Agreement; p. Bonds covering the work herein agreed upon; C. The M Y'S standard Plans and Specifications and 6/3b/92 -2- special contractual provisionm, 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, anwadmenta or addenda theratos D. The 1,991. editi7n of D.iL La works (1Agtrtuition, published b; Builder Ia News, Ins;., 3055 Overland Avenue, LOS Angeles, California 90034, and all amendments thereto, written arc) promulgatai LY the Southern Ca'.tfornia chapter of the An,e.r.ican Public Works Association and the Southern California District Associated General Contractors of the Calii-ordiiu Joint Cooparative Committee; E. bid docurants including the Notice Inviting Side, the Special Instructions to bidders and the C.ont-rsctor's Proposal (Attached hereto as Exhibit "A"); r. The p-�tticular plar.s, specifications, special provisions and addfrrnda applicablA. to the PROJECT. Anything mentioned in the Specifications and riot indicated) in the Plans or 3ndic,ited in the Plans and not mentioned in thy, Spccifications, shall he of like effect as if indicated and mentioned in both. In cane cf discrepancy between any plans, speciticat.iovts, special provisions, or addenda, the matter shall be immediately submitted by COWMCTOR to the Department of public Wcrka of CTTY (hereinafter referred to as "D1PWO), without whose decision said discrepancy shall n-)t be adjusted by CONTRACTOR, save onllr at its own risk and expense. Should there be ony conflict between the terms of this Agreement and the bid or propoual of CONTRACTOR, thbn this Agreement shall control and nothing herein rhall be considered as 6/30/92 -3- an acceptance of the terms of said bid or proposal which In in conflict herewith. 3. C4MPEP6DTZSld CITY agrees to pay and CONTRACTOR agrees to accept as full romoensation 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 gum not to exceed Twenty-eight Thousand ;sight Hundred Forty-five Collars ($28, w .00), as set forth in the Contract Documents, to be paid as provided in this Agreement:. CONTRACTOR agrees to commence tho :ROJECT within tan (10) working days aft:etr notices to proceed is issued a,.id shall diligently prosecute PROJECT to completion within fifteen (15) consecutive working days from the day Lhe "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement. J . T_aM' OF THE XSEENCE The parties hereto recognize and agree that time in 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, detaile and sampids, and do all other things necessary and incidental Lo the prosecution of its work is conformance with the progress schedule set forth :"7. the Contract Documents. CONTRACTOR shall coordinate its work with the Mork of all other contractors, subcontractors and CITY forces working on the PROJECT, In a manner that will 6/30/92 -4- facilitate the efficient completion of the PROJECT anC in accorda.sco with thv terms and provisions of thin Agreement. CITY shall have oomplete control of the premises on which the work is to be pe�.Eorreed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the pricrity of the work of other contrectora, subcontriictorn and CITY forces and, io general, all matters c.onnerning the timely and urde:rly conduct of the work of CONTRACTOR an the premises. CONTRACTOR shall adhere strictly to the plans and specifications net forth in the Contract Documents unless a change therefrom is authorized iti writing by the DPW, CONTRACTOR agrees F:o makes any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT ha the DPW may require in writing, Under no condition, shell CONTRACTOR make any ch3ngen without the written order of the DPW, and CYTY shall not pay any extra charges [Wade by CONTRACTOR that have not been agroed upon in writing by ;.he DPW. j When directed to change the work, CONTRACTOR shall aiibmit immediately to the DPW a written Cost proposal reflecting the effect of the change, Should the DPW not agree to such cast proposal, the work [shall. be performed according to the changes ordered in writing by the DPW and this proper coat thereof shall be negotiated by the parties upon Cost and pri::ing dater submitted by the CtyNT71ACTOR; there.:pon, CITY will promptly issu an adjusted change order to CONTRACTOR and the contract price will be adjusted ulp*ard or downward accordingly. 6/30/92 -5- 7. dS2Tj= TO peace No work, services, material, or equipment shall lie performed or furnished undur this Agreement: unless and until a Notice to Proceed has been given to the CONTRACTOP by C.M. CITY floes not. warrant that the work site will be available on the date the Notice to Proceed is issued. In d-.►ent of a delay in commencement of the work due to unavailability of the job situ, for any r6ason, relief to the CONTRACTOR shall be limited to a time ertenAion equal to tto delay dud tc such unavai ability. CONTRACTOR nhall, prior to entering upon the perform - once of this Agreement, furnish the following threw .3or,ds} approvod by the City Attcrney : One in the amount of one hundrad V,3rcent ot: the contract price to guarantee ;-,he CONTRACT01-0 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 tine (1) Year after CITY'S acceptance thereof; avid one in the amount of fifty pe=ccnt (50'4) of the cony Tact price to guarantee payment of all cleims for labor and materials furnished. 9. Y19@6dNTIEC TM CONTFACTOR unconditionally guarantees all work dons, ; under this Agreement including but not limited %.a, any workmanship, installation, fabrication, material or structural facilit'es constructed. CONTRACTOR, within ton (10) days afttjx notice by C17Y of any defect in the work, shall have the option to make appropriate repairs or replace Lhe defective item ur i'ems. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and exponse. 6/30l92 -6- 10 , j1.''rXF.l1Q.C�'BD&TSikt It in understood and agreed Lhi,t: the CONTRACTOR is, and shall be, actinq at all tunes hereunder as an independent , contractor and not pie an employee of CYTY. CONTRACTOR shall secure, at il•s expense, and be responsible for any altd all payment of income tax, social security, otate disability inmurance compensation, unemployment compensation and other payroll. deductions for CONTRACTOR and its o`ficers, aq^nts and employees, and all business licenses, if any, in connection with th,3 PROJECT. It is allread by the panties hereto that in case the total work culled for hereunder is not in all pants $nd requirements finished or completed within the numbs: of calendaf daya as set, forth herein, dd nage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult Ul ascertain and determine the actual damage Mich CITY would ru.tain in the event of and by -eason cf Ruch delay; it 'As, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penglty, the sum of Two Hundred Fifty Dollars ($250.00) per day for e6vh and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which sum t:2prese+nts a reasonable endeavor by the parties hereto to estimate a iai.r compenoatinn for the foreseeable looses CITY would sustain to the event of and by reason of such delay; and CONTRACTOR agreed to 4.ay said damages nrjreir; provided, and further agca,as that CITY may deduct the amount thereof fLum any monle-.3 due or that may become due to CONTRACTOR hereur,de r . 6/30/a2 -7- CorMCTOR will be granted an extension of time and will not be assessed damages for any portio,i of the delay in completion of the work due to unforeseeable cauass beyond the control and W thout the fault or negligence of CONTRACTOR, 9ncluding, but not reetricL•ed to, acts of God or of the pub'AAc enemy, fire, floods, spidamics, quarantine rostrictions, strikes, unsuitable webther, or delays of subcontractur3 due to such causes. CONTRACTOR shall, within fifteen (15) days from they beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the Caune of the delay and CITY shall extend Lhe timr, for completing the work if, in its judgmento che findings of fact thereon justify the delay; and they decimion of the DRAW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of '--he work.. by the act, neglect or default of Ct'PY, or should CUt rP%.AC',.'DR be delayed waiting for materials requ! re(1 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 corkers, in nowise caused by or resulting from default or collusion on they part of CONTRACTOR, or in the event of a loc%out by CITY, then the time Herein fixed for the completion of the work shall be extended by they number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claimz for additional compensation or damages for ; b/30/92 -a- delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractorw, will be allowed and said extension of time for completion anall be the sole reaody of COM2AC70R. 11. fSI RINg BI=__CoeDITT0Ma (1) 1ptirA: The CO ACTOR shall promptly, and before $00h conditions are disturxed, notify the DPW in smiting at; (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 recognised as inherent to work of the character to be performed under thin Agreement. The DPW shall promptly investigate the conditions and i� it finds that anch conditions do materially so dlfFer and cause an increase or decreAse in the time required for performance of any part of the work under this Agreement, wheth r or not changed as a result of such conditions, an equitable adjustment shall bt, made and the Agreement modified in writing accordingly; (2) Time tension: He claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, pruvided, however, the time prescribed therefor may be eztunded by CITY. 13. 1jARM10119 I" ZGTxMATED-SiVAMTjF-,S The vant;ties listed in the bid schedule will not govern final payment. payo*nt to the CONTRACTOR will be made only for : the actual quantities of contract items used in construction of 6/30/92 -9- the PRWECT, 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 ebotion. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, wards of downwards, in payment to the C011TRALMOR whew the actual quantities used is construction of, the PROJECT are in variation to the quantities listed in the bid schedule. no claim by COMACTOR for an equitable adjustment in price or time for Completion nhall be allowed if asserrtad after final payment under this Agreement. if the quantity variation is such at to cause an increaser in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the compl-`.ton date as in its judgment the V ridings warrant. 14. PRoGRZSA PAYMATS Each month the DPW will make an estimate in writing of the work performod by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, lees the amount of all. previous payments since commencement of the work, will be pa"i tj CONTRACTOR. When CONTRACTOR has, an the judgment of the DPW, faithfully ezec..ted fifty percent (50%) or more of thn value of the work as determined from the bid schedule, and if thm DPW finds that satisfactory progress has been and is being wade, the CO TRACTOR may be paid such sum as will bring the payments of each ' 6l30^2 -10- wDuth up to one hundred percent (1,00%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW# lose ail previoun payments and Isms all previous retained VWunts. The final payment, if unencumbered, or any part thereof uniencundwred, shall be made thirty-five (35) days after the eeoeptence of the work and the Liling of a Notice of Completion by CITY. Payments shall be made on demands drawn in the mannor repirud by law, each payment to be accompanied by a certificate Nignb by the DPW, affirming that the work for which payment is desw ded has been performed in accordance with the terms of the 1lgroement and that the amount rtated in the certificate is due under the terms of the Agreement. Partial payments on the contract price aba►ll not be considered as an acceptance of any part of the work. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CJTY shall permit the substitution and deposit therewith of securities equivalent to the amount of any mon!.es withhold by CITY to ensure performance under thq terms and provisions of this agreement. After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stattag that all workers and persons employed, all firms supplying Materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notice$ to withbold which have been filed under the provisions of the statute$ of the State of California. The acceptance by COMRACTOR of the payment of the final certificate shall constitute a waiver of all Claims against CITY under or arising out of this Agreement. ►COHMACTOR hereby agrees to protect, defend, indemnify and hold and save harmless C17Y, its officers, and employees against any and all liability, claims, judgments, costs and demands, howevev caused, including those resulting from death or injury to COIOTltA,C`TOR' S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITE(, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sale cost and 'I expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITiJI in enforci:.g this obligation. Pursuant to the Californi."Ahor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requiran every employer to be insure' against liability for workers' compensation; CONTAACTM covenants that it 6/30/92 -12- *ill comply with all such laws and provisions prior to coarsening performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation insurance in an amount of not lobs than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each ewployee, and Two Hundred Lritty Thousand Dollars j$250,000) bodily Injury by disease, policy limit, at all times incident hereto, In forms and underwritten by insurance companies satisfactory to C1TT. CONTRACTOR shall require all subcontractors to provide such ►Yorkers' Compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITT a aertiticsty of waiver of subrogation under, the terms of the Markers' Compensation Insurance and C047RACTOR shall similsrly require all subcontractors to waive subrogation. 20. ZNGUMQ CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed Lperations, and blanket contractual liability. $aid insurance shall also include duto:notive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract: work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as 4/34/02 -13- determined by the CITY as Additional insureds. CONTRACTOR shall subscribe for and maintain maid insurance policies in full force and effect during the life of this Agreement, in an amount of not lean than One Million Dollars (S1,000,000) combinbd single limit covetoge. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, C(lWMCTOR shall immediately notify CITY of any 'known depletion of limits. COBTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide Certificates evidencing the same. Prior to commencing performance of the work hereunder, OONMRACTOR 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 th6 name and policy number of each carrier and policy, and shall ,Mate that the policy is currently, in force and shell promise to provide that such policies will not be cancellLd without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages In force until the work under this Agreement in fully completed vnd accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for iniemnification of CITY by COW MCTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a Copy of 6/30/92 -14- ail said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsoment to each of CO* MCTOR'6 insurance policies, naming the CITYO Its officers and mpioyeas as Additional Insureds shall be proviood to the City Attorney for approval prior to any payment hereunder. 22. ORMULT AHd TARMT ATYOr ; If COMACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within they ; kim apiacified, or is adyudged to be bankrupt or makes an annigmwnt for the benefit of creditors or becomes insolvent, or violates an* provision of this Agreement or the Contract Damomtst C17T may give notice in writing of its intention to terminate this Agreement. unless the violation is cured within ton (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may haver, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR# CITY may elect not to terminbto this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from thm progress payments then or to become flue to CplaMACTOR. 23 • 016W 5ITiali OFPLMfi. ESIIMKTZS finnp oTilFit nr,ri*TMrr $ CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, alb original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this � 6/30/92 t Agrawmat shall be delivered to CITY and become its sole property at no !Further cost. CCU'!`itACTOR shall not moll, assign, transfer, comer or enouNdme thir. Agreemont, or any pert hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. is. la An Ori'ICU" COW AC.'TOR shall eMploy no CITY official nor any regular CITr w*loree in the work performed pursuant to thin Agreement. No officer or employee of CITY. shall hays any financial interest in this Agreement in violation of Califurnia cjavernmisnt QgAi fictions 1090 at seq. CITY shall be entitled to recover from COWMACTOR its reasonable administrative and attorney's fees, costs and necessary disburseonents &rising out of the proce3sing of Stop Notices, Racices to withhold, o: any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CYTY may charge an administrative fee of one -hundred dollars ($100) for every atop notice tiled in excess of two, regardless of whether or not CITY is asseed in an action to enforce such stop notices. CITY may set aft any unraimbursed cost or expense so incurred against any sum or sum owed by CITY to CONTRACTOR under this Agreement. 27. IM919UTION C(1l1TBACTOa shall be responsible for full compliance with 4/30/92 the itamigratinn and naturalization laws of the United States and shall, in perticul%r, comply with the provisions of 1 LLB,C. S 1324a regarding employment verification. 28. XM= All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorised reprssenLative of the party to whom delivery in to be made, at the place cf buniness of such party, or to any other plaice designated in vxiting by such party. 29. CAPTZQX9 of the Sections of thij Agreement are for coavdnience and reference only, and the words contained therein shalt in no way be hold to elplain, modf El+, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30. LEGAL. _fiZ Y=&-AUP(!0W!r,2=1NG PROHIBITSSI 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 $ 309, the City Attorney is the exclusive legal counsel for CITY] and CIT't shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED 5/30/92 -17- 31. MILUM The foregoing represonts the entire Agreement between the parties. IN 1IITNZ99 WHUROl, the parties hereto have caused this Agreement to be esecuted by and through their authorised officers the day, month and year first above written. OONTRACT01 t CITY OF HUNTIlit3TON BRACH J.D.C. OMMAL N11OINEERINO a municipal corporation of a tole proprie orship the State of California le-, _ lac , '/W &./Moo atses DeArmond, Owner Mayor ATTXS ' City Clark SWIMMD AND APPROVED: City Administrator � mg APPROVED AS TO FOPX: 1;lC+}q1- City Attorney 7- t- 4;1�- 1INITIATED JOL APPROVED: 0 Dirl-c.tor of Public Worms 6/30i93 -19- 1 CERTIFICATE OF INSURANCE can C: 1110.n Y, 07/7i/9i I MI6 CERTIFIUM IS IS UGU AS A MATTER OF IN ONL AN CONFERS NO NIGHTS UPON THE CERTIFICATE H0I,ULi-%THIS CIa"FK;A7T Crargar-Nerve Insurance Assoc. DOSES Not AMEND, EXTEND I, 1 ALTER THE: COVERAGE AFiONCEG BY THE 2401 E. Kttet lb Ave., Ste. 500 POLICIES BELOW. 928% CA COMPANIES WORDING COVERAGE 71i •97a-97d5 O/J"PANY A CNA insurance Cospanles IV-LR COMPAW ♦3 NI urm Wiw JOC ... ....... .. Jim Oe Arlaond dbes Lw"zn C 13061 !lotto Court _ ._...... owwho tucamwga. CA wMPgrY D 91779',n OWANY UiTFfl Tlj% is TO CEIVIVY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I6:11,1E0 TO THE :NBURED NAMED ABOVE FOR TW- POLICY PENW 00 RATED NOTWRMSTANDINO ANY REQUIREMENT, TERM GR CONDRION OF ANY CONTRACT OR 6' HER DOCUMENT' WrTH HUMCT TO W UM'MiS OMMIC %T11 MAY SE ►bSUED Oft MAY PERTAIN, THE INeUF6NCF AFFORDED BY TEE POUCIEA DEIICRIPED HEREIN .'9 BUBJECT TG All THE TEMIS. MUGHM AND C'OHOITIONS OF SUCH POLICIES. UMRS OHOWN MAY HAVE BEEN REDO 1.0) BY PAJD CLAIMO. ..... .... QO TTPB OF NWAM WC YII 1r ......... ., .... • PO'JCY QFFECTIIK ' PWJGY 10lMMTIQM FOUCY MUKa DATE jMKML'1Y17 ? DAM MMMI7Vt'YI UMIt� e�NrtAiLlrAMutr 00WERALAp07ilA E : t 11O110,IW0 A k ALtl1El TAALIIABAJTY ......... . ................. .......... *41276330 07/15/92 07/01/93 haa►cTlsawroPi�ca. t 1,D00,01n ;...,.....av►.n�wn X Doan 'PEMOw�i&AN.ruuiiv 1;e''IO�uoo M ' OYYN[AOAasAVTwYCrdraPMGt. .... .... ... RACHs�uCtaeaecs I 11,OCO,000 ... ............ .,..... .. ..... .. �E70fNe$ • t,Eu. yNT ewe pw7b'., W101140M L IA MM COIbrlEO awrJLe ' 11wT t .WY AUTC ;.. ,., ALL OWN20 Jivfoe .................... Ll."�1 OVF�A A5 TO zhFtd: t aloaLYw,►utY i rfOM60U DAuym � •, LttornflY GAIL atU'c rod. , ci �. ° � ;�•�••^► MIi DAllfbe .................................. ..................... ,. $y; Dc put'' C; tv l�t:;;o:nay BODILY FuLgvf e NOW M►111A'WCA r I �fARAOIi LNaA1TY : �•ee kMfn . .... ....... .............................................. - 1 , PKft—r( rA AAAGE a aAe:csa LmANuIY Fw0I OCc:JPREt;C[ : A UTAIOB.LA FORM _..................... ... _..., ............................. : AdWdATY e OTHmrAAN UMar1E" FOAM : A t101aIBr7 CtlalRJfaAThIN 115�'6344 07/01/92 07/O1/93 eTA+VTOIIY LMAr7 } 2„ AM 1,EACM, AC'AL ENr....... .................. !lM'urms' UAMUTY DIB AN--LCCIJCILW, 6 1 OOU 000 _. .... ...__.._. ................ ... . �........ ...... aWtnse—Ga+i►,IpI,Q�+ 1 t,000,000 _ 0 NE>I11 DUCH11"10M CIF C#WA't= tAGCAT1O1Je %Vf6C=s.l`2CIAL 10 DAYS FOR 11IM-PAYMENT ITEms certificate Mahler it'% afficers agents and enplayees are nawed as additfonal insuretk W- forts GUN attechad Re: Unrm r A•,e sidewalk lspry CER.TICATTE HOLDER CANCELLATION SHOULD ANY CF THE AJ WE DEGCFMED PnUCIEB B6 CAWELLED SEFORETHE EXPIRATION DATE THERF:CrF. THE m 9um t`cmia NY WILLA City Of Huntington beach MAIL 30 DAYS WNM N Nunce To vmF CERTIFICATE W1.06R W&E-D TO THE 2000 Main Stn"t P.O. am WO LEF'i,wi>�i%II &YK&A Llii'. 11m0rlgtm Beach, CA 92648 >tes vareaE�l�iloluc 1l RE11AOaiITATMt ���^�� > q' S. ICNA INSURANCE (;OATANA S ADDITIONAL INSURED ENDORSEMENT IF YOUR ARE REOLUIRED TO ADD ANOTHER PERSON OR ORGANIZATION AS AN ADUITIONAL INSURHO ON THIS POLICY UNDER A WRITTEN CONTRACT OR AGREEMENT CURRENTLY IN EFFECT' OR SECOMIN(l EFFECTIVE DURING THE TERM OF THE POLICY AND A CERTIFICATE OF INSURANCE USTING THAT PERSON OR I3Ft"N(ZATION AS AN ADVRIONAL INSURED HAS BEEN ISSUED, THSN WHO IS AN INSURED (8EC71GN IQ 19 AMENDED TO INCLUDE AS AN INSURED THAT PEPt: )N on oRmNI:AnON (CALL'-D'ADDM ONAL wsURCIr). THI~ INSURANCE FOR THAT ADDITIONAL INSURED I3 UM IT'ED AS FOLLOWS: 1, 7HAT PERSON OR OPWAIIZATION IF ONO AN ADDITIONAL INSURED FOR ITS UABIUTY AFtIGINO CIUT OF THE PREMISES YOU OWN, RENT, LEASE, OR OCuUPY, OF FOR'YOUR WORK' FOR OR ON BEHALF OF THE ADDITIONAL INSUR50; AND Z THE LIMITS OF UAHILITY FOR THE AUDI110NAL INSURED ARE THOSE SPECIFIED IN THE WRITTEN CONTRACT OH AGREEMENT, OA IN THIS POLICY, WHICH CVER IS LESS, THESE LIMITS ARF INCLUSIVE OF AND ARE NOT IN ADDITION TO THE LIMITS OF INSURANCE SHOWN 114 THE DECLARAi PION; AND 3. ALL OTHER TEAMS AND CONDITIONS OF THIS POUCY REMAIN UNCHANGED. THIS END0I18t:tiiENT AND AI4Y COVERAGE PROVIhED HEREIN APPLY ONLY TO THE POLICY TO WHICH n' I$ ATTACHED. THE COVERAGE PROVIDED BY THIS f =MDORSEMENT 13 NOT �EXTENCED TO ANY OTF:5R POLICY IMUED TO THE INSURED UNLESS SUCH POLICY IS SPECIFICALLY ENDORSED. PREMIUM. $ INCLUDED CITY OF HUNTINGTON BEACH ITS OrFICERSr AGENTS AND EMPLOYEES 2000 MAIN STREET I:JNTI�ZC�'roN HFJ'..CH, CA 92648 RE: WARNER AVRNUE SIDEWALK IMPROVEMENTS FROM EDGEWATER TO ALGONQUIN IN HUNTINGTON BEACH Thia endorsement is a part of your and takes effect an the offectivt: date of your policy, unleef: an-3ther affective date is shove balow. Hugt Be Conpleted POLICY MO. _ 115225310 Co,aplete Only When This Endorsement Is Not Prepared with the Policy Or is NOT to be Effactive wj t:h the Policy-. j 18R`JED TO EFF. DATE OF THIS MMORBEMMM r.-39543A Countersigned by � Au lior zed Representative UNA POW WINNEWAMM"M .» GL.474 I,. , 10 .j-',a SAMIP(wC THIS MRS MUT is wade and entered into on this day of _...........�, 1992, by and between the CITY OF XMINQTON DZACH, a municipal corporation of the State of Califusnia, hereinafter referred to as "CITY," and ..,.,�, a California corporation, hereinafter referred to as "COWMACTOR." W115RZAS, CITY has soliaitard bids for a public works projeot, hereinafter referred to as "PROJECT,R more fully described an the Warner AVIDAUe Sidewalk improvements from Edgewater to Algonquin in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as fullows; Is , TAT r MQ K s ACAdV 'AI M OF lit aX C,nWMCTOR shall furnish, at its own expense, all labrr, plans, tools, equipment, supplies, transportation, utilities and all othar items, services and facilities necessary to complete and- constr"ct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all lose or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from tho action of the eiamentap from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limiter to, all expenses incurred by or in consequence of the suspension -I- SAME ONLY or discontinuance of work, except such as are hesela expressly stipulated to be borne by CiTY, and gar well and faithfully cpmpleting the work within the stipulated time -and in the mkanzier shown and des-wLibed in this Agreement, aid in accordance with the rsequirements of CITY. under ,them for the compensation not forth in the accepted bid proposal. However,_ the total compensation to be paid is to be computed on the basis of the units , of work as it is actually perforsosW, in accordance with the stipulated prices named in tye hid eh"tttl�.. 2. &CCZEWCE QX..CQjMjTiQA$ QZ WORKt trace AND . AP1CTLr1CATtOH6 • ry CONTRACTOR acknowledges that it is fully fami�a?c with 1,4 all the terms, conditions and obligations of this Agreement and the Contraot Documents (as hereinafter defined), the location of the job cite, 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 welt upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated '. into this Agreement by this reference,' Mitt; the same force and {� rf � • 'wffect as if the same were set forth at length herein and that CONTRACTOR and its subcontractors, if,any, shall be bound by WO Contract Documents insofar as they relate in part or in any way, diractly,or indirectly, to the work covered by this Agreemnt. "Contract 06eulpents* an defined herein swan and includes A. This Agreement; S. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and ';•, "a - SAMPLE ONLY M spec!.al contractual provisions, including those an file in the office of the uirector of Public Yorks of CITY and adopted by the City Council of CITY, and any revisions, ameadments or addenda thereto; D. The 1991 edition Uf Atmore B�,i�j,�n„�, tag pu ljo act Construction, published by Builder's Noma, Ina-* BOLD Overland Avenue, Los Angelea, Celifoznis 9003+, and 411 a" O,ts thereto* written and promulgated by the Southern California chapter of the American public Works Association and the southern Californin District Associated General Contractors of the ''''E'11 California Joint Cooperative Committee; Z. Bid documents including the biCtice Inviting Bids,. ;-ha Special Instructions to Bidders and the Contracto.'s proposal .(attached', heLeto as Lzhibit "A"); �. P. The particular plans', specifications, spacial provisions and addenda applicable to the PROJZCT. Anything mentioned 'in the Specifications and not indicated in the Mans at Indicated in the plane and not mentioned in the Specifications, •ball be of,like effect as if in0 cased and mentioned in both. in cob* Of ,Lacrepancy between any plans, speciiicat long, special provisions# or addenda,. -tire natter shall be immediately submitted by OOMTitA<'" It to the Department of Public 11orks 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 Agrowabot end the bid or pLc,,.osal of CONTRACTOR, than this Agreement.shall control and Nothing herein shall be considered as -3- BAWLS ONLY an acceptance of tho terms of said kid or proposal which is in confiict herewith. 3. GgMHSATTQ CITY • rees to a and CONTRACTOR a uees to acce t ae g pay g p full cotapensation- for the faithful performance of tbis'Agrear4ato subJect to any additions or deductions made under the provisions of'this Agreement or the Contract Documents, a ,sum not to ehtC 4 r . set forth in the Contract documents, to be paid as provided in this Agreement. 4. ENT. OF PROJECT CONTRACTOR agrees to commence the FROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within consecutive calendar days from the day the "Notice to Proceed" is I issued by department of Public Works, excluding delays provided for in this Agreement. 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 temples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule not forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces workinq on the PROJECT, in a manner that will -4- 8AMPLE ONLY facilitate the efficient completion of the PXOJBCT and in accordance with the terms and provisions of this Agreeaent. CITY shall have cosrplete control of the premises oD which the work is to be performed and Shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters Concerning the timely, *ad orderly conduct of the Mork of CO on the presriaes. .I CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a chae►ga therwfram is authorized in writing br the DPW. (MWMCTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJXCT as the Dili mar require in writing. Under no condition shall COWMACM waive ally changes without the written order of the Me and CITY shall not pay any extra charges made by CONTRACTOR that hove not boon odr*W upon in writing br the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the ottect of the change. Should the Dili not agrett to such cost proposal, the work shall be performed according to the changes ordered In writing by the DP" and the proper cost thereof shall be nogotiated by the parties upon cost sod pricing data submitted by the CONTRACTOR= thereupon, CITY will promptly issue an adjusted Change order to CONTRACTOR qnd the contract price will be adjusted upward or downward accordingly. SAMPLE ONLY � k 7. fTiG� ?17 f No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY doers. not warrant that the work site will be available, on the date the Notice to Proceed is issued. In event of a delay in eoimncen*nt of the work due to unavailabilitlr of the job site# for ,5pY reason,, relief to the CONTRACTOR shall be limited to a �titaee extension equal to the delay due to such unavailability. CONTRACTOR shall, prior to entering upon the perform - once of this Agreement, furnish the following three bonds appt*ved 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 fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. The CONTRACTOR unconditionally guarantees all work dine r War thi# Agreement including, but not limited to, any w9gktsaabhip, installation, fabrication, material or atructural {; facilities .constructed. CONTRACTOR, within ten (10) days after f aotice by r rni of any defect in the work, s:sall have the option to ,,sake appropriate repairs or replace the defective item at iten►s. Upon expiration of such ten (10) dap period, CITY may then make appropriate,, repair or replacement at CONTRACTORS risk and expense. it ` l OSAMPLL ONLY It to understood and agreed that the CtiMIUCTOR is, and shall be, Wing at all timers hereunder as an independent contractor and not as an employee of CITY. COWMCZOlt shall secure, at its expense. and be responsible for ray and all payment of income tax, social security, state disability insurance CoMpeusation, unseployment compensation and other payroll deduetioaw for OOWMCMR and its officers, agents and asWloyooa, ssd all business licenses, if any, in connection with the PRO.=11 il. It is agreei by the parties hereto that in case the total work called for hereunder is not in all parts and ropireisents finished or completed within the number of calendar days as not forth herein, damage will be sustained by CITY; and that it is# and would be, impractical and extrMaly Cifflault to ascertain 094; detelaine the actual damrage which CITY would sustain in the event of arm by reason of such delay; it is, therefore, agreed that CONTRACTOR will pair to CITY, as liquidated damges and not as' s penalty, the sum of _ ,�. Dollars t� ) per day for each and emery workiag day's delay in casrtrleting the work in excess of the number of working/'calw der days set forth herein, which sun represent* a reasonable e464vor by the portion hereto to estimate a fair eowpeasation for the foreseeable losses CITY would sustain in the event of sad by reason of such delay; and C M MACTOR agrees to pat said dUnges herein provided, and further agrees that CITY map deduct the swunt thereof from any cronies due or that mat becom due to CO/Tl�1CTDR hereunder. �7- SWL2 ONLY ' r . DIt will be granted an extension of time and will net be essessed damages for any povtion of the delay in completion of the work due to unforeseeable causes beyond the control Pad without the fault or negligence of CONTRA C'1 Rt including, bvt not restricted to, acts of God or of the public enemy, fire, floods, epi;demics, quarantine restrictions, strikes, unsuitable weatherp or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beVinning of any such delay (unless the DPW shall grant a further preriod of time prior to the data of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify, the delays and the 'decision of the DPW shall be conclusive on the parties hereto. Sh.tiuld CONTUCTOR be delayed in the prosecution or Completion of the work by the act, neglect at default of CITr, or A should CONTRACTOR be delayed waiting for materials required by -r this Agreement to be furnished by CITY, or by damage caused by a lire or other casualty at the job site for which C UTRAC'1OM is not telsponaible, or by the combined action of the workers# in nowise by or ,resulting Eran default or collusion on the part of tn0l'i'itACTOR, or in the event of a lockout by Mr. then the time herein fisted for the completion of the work shall be extended by the number of dart the COiPI'itACTOR has thus been delayed, . but no sliowanee or extension shall be made unless a claim therefor is � presented in writing to CITY within fifteen (15) days OE the .a� �•; casnencement of such delay. ' No claims for additional compensation or damages for -b- WJOLE ONLY delays, irrespective of the Gauss thereof* and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, still be all~ and said tsteno#on at time fac completion shall be the sole remedy of apNTRACTM. (1) NUJiCit: The CONTRACTOR *hall promptlyo and before such conditions are disturbed, notify the DPW in writing oft (a) Subsurface or latent physical conditions it the job site differing materially from those indicated in this Agreetaent or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from Wine ordinarily encountered and generally recognised as inherent to work of the character to be performed under ibis Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such eonditioas, an equitable adjustment shall be made and the Agra esrent modified in writing accordingly= (f) : Rio claim of the CONTUCTOR under this Section shall be allowed unless the CORTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may, be extended by CITY. The quantities listed in the bid schedule will not govern final payment. payment to the C0lfMCTQR will be mods only for the actual quantities of contract items used in construction of -g- SAIPLE ONLY 1 the PRWgCT, in accordance with the plans and specifications. Upon completion of the PROJECT# if the actual quantities used are either mote than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The Doi may, at its vole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards Qr downwards, in payment to the CONTRACTOR where the kctuol quantities used in construction, of the PROJECT are in variation to the quantities listed in the bid schedule. No slain by CORTMCTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. rf the quantity variation is such as to cause an increases in the time necessity for completion, the DPW shall ascertain the facts and :::.rcumstances and make such adjustment for extending the completion date as in its judgment the findings warrant 14. PRWRENS PAYUNTS Each month the DPW will make an estimate in writing of the. Mork performed by ci7NTR1►CTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by C17T and the remainder, ies3 the amount of all previous pants since commencement of the work, will be paid to CONmcrest . When CONTRAC70R has, in the judgment of the apes, faithfully executed rifty percent (50%) or more of the value of the eiork as determined from the bid schedula, and if the DPW fiends that satisfactory progress has been and is being made, the OtiN'i'ttACTOR may be paid such sum as will bring the payments of each -lo- SAMPLE ONLY month up to one hundred percent (100%) of the value of the worts completed since the commencement of the P1KWRCTo as determine►* by DPW$ less hxl 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 Noti" of Complotion by CCTV. Payments ■hall be made on demands drawn in the marmot required by iaw, each payraant to be accovwanied by a aertifiente signed by the DPW, affirming that the work for which payment is demanded has been performed in scenrdanco with the torus of the Agreement and that the amount stated in the certificate is date under the teams of the Agrs,want. Partial payments on the 1 Contract price shall not rat considorad as an acceptance of any part of the work. At the raquest and espense of CChTRAC'ydR# who shall retain beneficial ownership and receive interest, if any thereonr ciry shall hermit the substitution and deposit therewith of socuritioa equivalent to the amount of any monies withheld by C171f to ensure performance tinder the terns and provisions of this agreaaaent. After the completion of the work contemplate& by this Agreement, COl1"MCTOR shall file wiLh the DPW its affidavit stating that all workers and persons employ", all fi*ms supplying tutorials and all subcontractors upon PROX= have been paid in full and that there are no claims outstanding against PROa'1C1~T for -11- SAMPLE ONLY 1 1 r, *it bar labor or material, except certain items, if any, to be wit forth in an affidavit hovering disputed claims, or itsins in °w connection with Notice* to withhold which have bee► filed under the provisions of the statutes of the State of California. t-•= `?r; i vest OF CLAIMS The acceptance by CONTRACTOR of the payment of the Has Certifieste shall Constitute a *&Ivor of all claims against CITY un4mr or Wsinq out of this Agreement k*1'' INDEMIFICATIONalL'sm ly •Y r - 'CONTRACTOR hereby agrees to protect, defend* indesrnktV and hold and gave harmless CITI', its officers, and employees against any and all liability, claims, judgments,.costs nrd ti demands, however caused► including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S ' property, arising directly or indirectly out of the obligations or aperations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but sage and except those which arise out of the fictive concurrent negligence, sole negligence, or the sole willful misconduct of CITY, CONTRACTOR will conduct all defense at its sole coat and s a 4 q*e. CITY shall be reimbursed by CONTRACIOR for all stS or attorney'a fees incurred by CITY ifi enforcing this obiAgatien. i 19. WWORKE:RS'�. bMp$�TtQl1 INSURANCE Pursuant to the California JAQa.r_ Code Section 1161, CONTRACTOR acknowledges ewarene,ss of Section 3700 at seq. of said L code, which requires every employer to be insured against + � liability for workers' compensations CONTRACTOR covenants that it ' 1` -12- SAMPLE ONLY will comply with all such laws and provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not lose than one Nundred Thousand Dollars ($100,000) bodily injury by accident, Bich :Iacurroace. one hundred Thousand Dollars ($100,000) bodily injury by disease, ieeh employes, and Two lh%ndred Fifty Thousand Dollars ($250,000) bodtlyr, . Injury by disease, Valley limit, at $11 times incident hereto, to Morals and underwritten by insurance companies eatisfactory to CITY. I CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' angloyees. CONTRACTOR snail furntsh to CITyf a certificate of waiver of subLoyation under the terms of the Workers' Compensation Insuranoe and 00INTRACTOR shall similarly rewire all subcontractors to waive subrogation. Z0. � CONTRACTOR shall carry at all times incident horito, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury# property demises, products/completed operations, and blanket cou6roatual 11abilit*. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance $hail be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, Contractual obligations, product or completed operations and all owrad vehicles and non-*wa*4'.Vehicles. Said insurance shall name the CITY, its officers, agents and anployees and ail public agencies as -13- SAMPL6 ONLY r determined by the CITY as Additional Intureds. COWMCT01k shall subscribe for and maintain said insurance pol.r-ion in full feree and effect during the life of this Agreement, in an smou6t of not lass then`One Million D►311arc ($1,000,000) combined single limit coverage. It coverage is provided under a form which include$,4 designated general aggregaty limit, such litinit shall be no less than One Million Dollars ($1,000,000). Ire the event of a9grogsth Coverage, CONTRACTOR shall, immediately notify t`111 of arid► known.- depletion of limits. CONTRACTOR shall require its insurer to A olive its subrogation rights against CITY' +end agre+eez to provide' ceftificetes evidencing the acme. 21. GERTIFICATT S Or JH§VRANCE= Abb1T1QNJUA JHfiUg 4 E11bd�tg� Prior to commencing pwrformance of the work horeuWer, CONTRACTOR shall furnish to CITY certificates c,t insurante`,subject', to approval of the City Attotner evidencing the foregoing insurance coverages as required by this Agreement; said 'cetLlfiCitrs shall provide the came and policy nunebet of each carrier and policy, and shall state that the policy is eftrently in force and shell promise to provide that such policies will not be cancelled without thirty (30) days -pr+.or written notice to CITY. CONTRACTOR shall maintain the foregoing insursnce corer49esl in force until the work under this Agreement is fully completed and accepted by CITY. r The requirement for carrying the foregoing insurance shall not 4 derogate from the provisions for indemnification of CITY by CONTEACTOR under this Agreement. CITY or its representative shall at all tiimes have the right to demand the original or a copy of -14- SAMPLE ONLY Mil sold policies of insurance. CONTRACTOR shall pay, in a prompt and tingly meant, the premiums on all insurance hereinabove required. A xeparate copy of the additional insured endorsement to each of COMPACTOR'S insurance policies, naming the CITY, its officits and eaployees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DE MILT Am T If CONUACM fails ar refuses to prosecute the work hereunder with diligence, or fails to complete the Wovk Within the tints, egh.:cifisd, or is adjudged to be bankrupt or Makes an assignment for the benefit .of creditors or breams insolvent, `Oi"' 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 :,on (10) dsya after much,Notice of Inteation has been served on COWRAC OI# CtT'Y may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time, Upon suVh daiault by OOM ACrORt CITY may elact not to terminate this Agreements i.n such bvent ClTr may make goad the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become duo to COWMACTOR, 23. d*RpoarTrad Or VMS, NA'1' p CONTUC 01t agrees that upon compintion of the Mork to be Performed hereunder, or upon earlier termination of this Aetswunto all original plane, specifications, dr6wingo, reports., 'calculations, "Vol and Other documents pertaining to :his BAIUW ONLY Agreement shall be d'ilivered to CITY and become its ,role gropsrty �. at no further Cost. 24. He�sNAB1LT Y CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty .created trarain, without the prior written consent onsent of CITY and the surety. 25. sizx IPLOYEE9 A OJEF IALs i COW RPCTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agrewnent. � (. No officer or employee of CITY shall have any financial interest in .this Agreement in violation of orpU__QoVe]:M0Ant! Calk BeGibna► 1090 at sag. Zd. IRfiQp, NOTI . 5: E%SERY 01 ,EMINIS'TUMI1LL Q111S CM *halt be entitled to recover from CONTRACTCIt its reasonable administrative and attorney's foes, costs and necessary disbursemonts arising out of the processing of Stop Notices, Notices to Witbhold, or any similar legal document, Said 'obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CaIY may charge ah administrative fee of one -hundred dollars 0100) for every stop notice filed ire 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 cast or expense so incurred' against -any sum or sums owed by CITY to COi9MCTOR under this Ag'revement,�l 1 RT. .. I CONTRACTWshall be responsible for, full complianav with SAMPLE ONLY the immigration end naturalization laws of the, Vatted States and shall, in particular, comply with tics provisions of t 3334a regarding employment verification. 3a. �T?. All notices required at 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 reads, at the place of business Of :such party, or to any other place designated in writing by such party. CAPTIONA of the Rections of this Agreement ors fear convenience and reference only, and the words coiitained therein rsholl in no Nap be bald to explain, modify, amplify or aid in the interpretation, construction or erwanine of the provisions of this Agreement. 30. Lade. aNev,TnEg fing Q nACTINa PRON11= CORMCTOR aqd CITIV agree that CITY is not liable for paymont of any subcontractor work involving legal services, aid that such legal services are expressly outside the scope of services contemplated hereunder. CONTRAC'T'OA understcnds that pursuant to Huntington Beach City Charter S 309, the City Attorney'� Is the exclusive legal counsel for CITY; and CITY bball not be liable for payment of any legal services expenses incurred by 001MACTOR . REST OF PAGE NOT USED _17- Sa1.`Ke°LIS ONLY 31. ENTINITV The foregoing represents the entire Agreement betveen the parties. IN WITNESS WHEREOF, the parties hereto hive caused thin Agreement to be executed by and through their authorised officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINMA N BEACH a municipal corporation of , the State of California Mayor ATTL••ST : APPROVED A$ TO FORM: City Clerk K City Attorney ra-L REVIEWED AND APPROVED: INITIATED AND APPROUD: City Uninistrator 49+'Director of public Works r„ 5.13/9 2 tog /-iw++v• FAT FOR CITY COUNCIL ACT** 1� - KAMM Or*Irlitted te: mmrat" mew and city Council �tr��aD by Ott pop � &*Wtiod by% ltkbael T. UbmvW, City Administra 7V is Ptprsrby: ImM F. SwA nrsl, Director of Public Worms BMW: WARNER AVOM SIDEWALK 1btP'ROVISA T PROJECT; CC4M Cmi~ whir Council PWioy7 [ :4 yM C 1 New PWMV or Exaptim Oft Etrrt ~ of Irwre, Rwomnrw►ftdon. Am yrh. Funding Baum, Aitiwn*** Actiwm, At ` Orr Mw li, 1 iilx, dw City Council authorized a call for bkk for tiM iY..w Avemm Rid"Mlk hoprrc —nmmt fit, )rated alor g the north " of WervMr AvamM, bet"m A10oagr>~a atld ewater. 1. ApprvC a tilt tttadied aanVe cwtmet, nb*t to award at om ract to Cowil aVr'o mml kn wt rsop cmibie bidder. 2. Aampt the low bid enbrnitted by J.D.C. Ganwal Evgkxwriq Contreotor, 13061 Shasta Cart, RatmM Cummmp CA 91739, and authorite the 1KaW/Clwhuba aid City Clwk to minute an Opp qpriat* eantract for the cutrwtion of the p vjwt, is firs au mt of $28,845.00. 3. A rlas ft Matar of Public Worts to expend $2,80.00 fcr ndc%mNd C miw Ck%kn mW $3,X*.00 for inctdwtsl expowiit". pftu Ftnr ft Hide were remN d a1 Jude 17, 1"2, and listed below: 1 . J.D.C. Gemerrtt BagineerinE 92,9$2.00 ,M 3.00 2. 1Cstter Contteuctim C�►rty"Mw .6".00 & Nobwt, b"Ruponted ,1S6.00 8. Each -Strata, bm porwted 0100.00 S. Dog= Cor�tttrvction . Contract Amount ;2is45.�t1 tlrl Expukm Chup �r 3 � Total 1wo"S.00 CoumW fib 821 Fun* in the amort of $3S,000.00 haw been set aside for tMe prqjwt. , r • 1lCAANarnw Ave m Skhmlk Imp a 10mm oat hro)K: CC-4X • Tbm DlrWW a1' irublia Wmb requests the sutlmintbn to spend up to 10% of the ata�pcect ■mmt for untorme o vat, such a; aver *mvetbn mid edditioaatl woe ade�walk. P dm rbqutrod to corer sail tatind aad lab work. 1. OW &wad of emtraact to J.D.C. Dewal Ergpnewb& mA atohwt am of the aadw . 1aet A b16 aid do nat pmesd with do c4Mvuetlon. ClUs would aNrea do Iooig* NM atipw+oodmtr m $30.000 beat to the OCTA.) 3. Ca wmt IdirtJ:Ll*AL'�'cik . 3~16&1'9 f t klCiIY6D M fit ur�r i 0 lei r� 4 r • 11�3 �(i Am 17, 1992 2 ��p. JOB ADD CC Ids AVEIN1LZ S,ICMViR i C C -U6 - I. Atxvn :mall e Artistic Iar4moye c? 4�t-13t=ta 00. dMD 7. ZR t■� �i �9�• $4 YWIY.�.L.tiwM.l�l �.�,� abibw C 'rts wtI-C-m- .•ram. �.i,Y�Wr�wY�a�ww� AntnLtim •REL.IAHCE INSTJ3tANCF. COMPANY rrfAD olytCl. f►�ts,�►oau� r••rfrvr►wn No BOND KNOW ALL MEN eY THESE PAr;39NYS. that we Damn Conat. Co. as Principal, hereinafter called the Principal. and the RELIANCE INSURANCE COMPANY of Philadelphia, penneylvanle, a corporation duly organized under the laws of the State of Pennsylvania. as Surety. tweinanMr coiled the Surety. are field and firmly bound unlo City of Huntington Beach n O110W herehafter caMsd the Obllpee, in the sum of tea percent the amount bid ilktNors(t10%*******n Wftre =payersnt of which sum well &W V* to be made, the said Principal and the sold Surely, WW ournkvs, our haven exeou*". adrnin1woo , successors and assigns. Wrdly wW eevertrlry, ftrrnly by Mtttae pm mmft WHIFt7-AS, the Principal has submitlaa a bid lot Warner Ave. — Sidewalk Improvements Cash Contract No. 830 NOW. TWREFORL if the cw*acl be anwNy awarded 10 the Principal Avd the Principal shall wlfhia 9YO rites to saedliad In the bid. enter Belo a "nlr•et:t. In writing and dive bard with goad and auifidW surely. or, in no evew t of On k*xo of the Priro6psl to Meter into such Contract a(rd give suO'a0,rd m bards; N tlrs Pdndpst shell dry t) use Ob 40v the dillswme sat iD exceed the penaNy h~ iatwran the amowrt opecOW In % W bid srvf such WWW amwim for ~ the Obtidse Any in Sootl MMr OwAma widr anethar party to perform Mee work cowed by said bid. Ihen this 01:1401on dwN bit nud and voK otherwise to remain in lull force ared effect. PF#OV1pEG. NO'1N Mpl, neither Principal nor Surety sheli be bound hereunder unless Obliges prior to •xeculiort o< the *W G&waa shaN furnish evidence of financing in a rnsmar and Form swepUMe to Principal and Surety that financing has been firmly committed to COvsr the ent're cost of ft project. "rind and seated", i?th day of — Juae . 1E 92 Nor % 119WRI, , REUANC:>:1N$UKMIX COMPANY stw.ea srp IRICLIANCE INSURANCE COMPANY ft woo W "060A -11 alk M'WMIMIIm" POWO OF ATTOPMY W40W ALL mm w tms" •Itwlan two* mW" NRIII%K4 COW WI, a m 06 oft wl► aNrrrrlM WAW " WW8 40 air am a/ P.Ita.�auw+.�. w•l+�►�rN►+rnl��. w �w JOHN D. HUNSINGER of OLENDALa, =ImxmlA------- No ft rw a1W WW /Wn ft4n,I•aft 0 M" wwft "N 04 ftftr Ir W4 art Its "M &W r IM ad &W SW ANY AND ALL BONDS AND UNDUT&KINGS OF SURETYSHIP---�•-�- aw m 6W ow rM#Ma 018UPA Ca OOsMNY w+r.*r M k* &W Ir ft owe softo N 11w4 Hsi mW vwdp%WW rm am ~ aMM�Mw�r N MM rtrltutr MtrrrlM WWO ONNO UVRA f+lart OR GOO /1 war FAU MCe NSURAM01 GOMPAW and maw rw sm"Od Opp* mW M wrb iV rd hrt 1p rwmn aei rrnMatr aM Mlrt Mr rW ANstttryTtl•1 400 A" i M VA1NOW Url" 1Mt Pivwl of AMM" Is I, W- wWW Are/"*AM* M MMM N d M SrAoft M piMMN NMAWWW'i'I&NOW ~ bm M e asmom *Mr+il, 1.1 P% ***h pity aM mW MIA WO M/ e*% wails M WPM AATK= V!—.04OW1994 OIL PONDS AID 1Ni0S1�T/N01lOw a MNN sl■srr MsalaMlllrM M M � d ONwNrA 1�Y iwiM MAIM/ M iit Ar his abo w mW r dukaw I" r rwONr IN W" d Mts C MPN* bows nM WWbftWv % Imemo d MIMawMM► ame away wd am M r Ii�taMs Mq► swb AMstttAr•1�aM Is rrw Wlts allll tiuilts Mr Maart astt wltalMr M� r 1w L �frM rlsM Iww p» sM a1tMtMy% w�1iw to to+ OW Mtl�nr of toeiwrr M artltlM law>111 Is gmft r awtwr and dom M W f Owi/rtw wtler w trtlMWr wM Yrnr►- vem" r aWWWW WW WW trulpa w ammw rmeA 1h8 wpm* srM to 1A rmwa1Y in MM WtM al ow bw* WW IIpi1 %Wv% Irr r NsN"m M MtMtlafft rrte maw GMWNW w t110 Itsrttw tltatasL L Ma+rsNM Pi 0 Ad hoar pwAW art mA ookV 1r «arts+ M1drtt � ' In M arMM 0 +a4 wamodpo ft Mrww �r of is� P N 1ltr Comm - - 1 0 0- -- « a" 0A *6 `� 00 Now* N ON*"11 NW r1 hmmo t d � 001mv and to 000 M w nos PPW d @new" r mptre ad rad.e by Iscal. ON vadw ON by surmlMr M ""W" W*" tw.rw M er sri d a owslita a PELJ04m DIMAL.4m OC*IiAW M a atm$" hW 4" rMr w Mttl► IN jWW Im M +Ado a qwa r Mn$K OW aw fteham No mI Mria o l m"1rM it laptd.w • -rlrW" go wr wmmwN++ r wit *+a• w aMw w ft and d 00 aw"w adr be ~ ft OW vAb p~ N awtrt l or wV is 00% MO /trtft W bnkft OW OW PAO POW of Garr W ar 90108 le b@*** &AM bad" rlr "WS M boom nW ON he W" nM b, WW I Was MN Om"m we aP emb P"W a a mmd f" Q~ bumft aymlwM vW Imsomab 60 dW Mi w M s+M rdtie Wm 0* Qas4w# b ft Wmm *0 00"N r my Wd or wtlatrllrq % ~ 2 I• ammew IM VWpan tlYliM11WM. Nit PoAv" s4LN = OOMPAW Its mmmmW wars pvW* to M *tM M to Hsi MaWNK OW ft OMPMO *W rwsrrwdwso" 16 11th MrP April 091• �w�a+asa��lnr mumcf Washington t a�nr� Xing anWIM lith 07do AP1.1l �ii 91 �+ ''■+ Lawrence W. Car�.atsClN rr ww irMrnt r irr VIo.-rwdu.n+ M on IWWm f+Ot W= mum". ow ad he GWVAW are Mr/ rw0 r�rOS1 IIttlThw� ark .Arid thr tad tM Mld wpaattr+l tlrnt� t►!a M d NMI+%% IN M 14mm a &W C+intPar� Wd w1111MMr• atl w sM ram, ao"K We rw In wtl ftm% � IMr OsIMtIMw�olt tEr�pkat may 1 ,�r 9� mmmy ameman mumsm shl.ilq A WOV at Taccm L Robi,tt D, Ri t .hauVL . A.ww+ swo" w we m.WWff 0196MA G0 COMPA , ra Iloft'awm *rl Mri 66" ad MttOt�klr r a Irw rftd anaol +a/I► M Iti M+awv N Aaon�► MsrtAM Mr ttdM Ir11WlOL 11M1111Awi OOMIMIW�f, r1111d1 w 1■M i111O rw MP rN wnrr w", I tow nr+rtrtlr are mv iw1e.w.ft.+r1..rrI M taw ortao.Iry Mtir 17 t h r Ju ~ D$ I►�srNM io+r`nn.aari aup Robert D. Rit -77 s• DAMON t NST, CO. �� MUW PAX& •TAR ooIF"uwr%wm- uaA ik t r au �ff • ry • 1, t- • j• i fI • i• lg?j IC142 lb J • w •• CLARENDON NATIaNk INS�cC'- as i9ft, in the a puma sm of TM � Cr AM= M NDT TO f,OC'ff� '\t f� MA TEMBIWANDa�/rLWY��--_�-_wr._.__..._ a-• ice' Ste..\� Sj0W.00 W / BMM,,Iiii"M try tN o ca, ad! for tT:�f aft c r+tt d%4 won and bmly to bs wade, we bind awselves, our heirs, e�oioatbrs, a�aiat.stratma, ors acid assigns, Jointly and ssirrally, firmly by I-) iassr'pv�ssrtts. UgMe saaW and dated this _..17th day of Jtsa ' , 19 "MMM a tho said Principal is !sl wAth mAvi latiM a proposal fvc wamw 3MMMste i936 wwo 'Iro , THE Cma=cu OF Tim XmM CBLMAM= is vome that LE the said PrircLpa! shaLL MICWUts • cantratct ad ghat btrA for the Wthful parfo m m th ar of wiWn 30 days after batM witifisd its vriti.rq or the wmxd of such oantract to Principal, or if the Pri nciiai • or sty shah pay. the abligm the mn, not oomcowIL q the pstnalty hereon, by whtoh the mmat of tre cmt met, amwirq the said proposal, prwwly and ' latwf Uy soosaxW irf ad bebam the Obligee and a third party, =q the aaaunt bid Pri,r�oioal, than this cb�.igat � 1 be void: wise. ` s -' w - m and effect. �• f i i 1� �ll 1 t.� ��11 t7 1 POWER OF ATTORNEY Clarendon Nsdww hence Company m At�dses0 • lath pkor IV.a Qr NY iaaYz.ic POWER NO., di6. Get KNOW ALL MEN BY THESE PRESENTS: rM, Clamaden National Imuraaee Caapaa,yy, r �paratiw ar�ra-1am until r the Bola of tbo State of Maryland, and havittj iu principal of9ioe at 5" Luiroon Arsine, 141h Floor, Ha+► Perk, NY 100*16 , days bw*y r, nthawta mad appoint JOHNNY M. WATSON aid! or JERRY W. WATSON Its um gad lawM attoraWs)-In;fsa to or<aw;e, sea: and ddvtr for astd onlu bebalhsarasy, day atr0 W bota0awA mWigruhlamDoatrttots of 1M1ffWW sled etbsr*M� obbyuoaryry In the nuum bamd, which ary or spay be aJlotwd, required or Irr,fYtMor rye, soatteeet or "borwho, aswitbe eaocution Of meb inerument(s) is pursua m of these praotats, ad be is wallas ism an sailawndom wad esal Iftwanee Coatp.ay, as fully and amply, to all inunts and purposes. as if the same had been duly mm" said sekatrvr�IMNed by ha resin, aleeted aum aw iu principal office. This Poser M Attonoy is easeuted, and maybe eettifiod to and may be revoked punno6tt to mA by wAborhy of ittWn 2401 eat dw ffrasnal Cwpd uln Law of Maryland at a moni" odd and bold as the 17th day ;I Novaraber, IM. 11E�OLVEp,tba the corporation eons hereby apptitntlohna tN. Wateat aadlatJerry w. Watson � iu erwaa! 1rwfW net r�itthas tot#ttmeas,aM ddverforand oo its bebalf as mnq. say and a vMbonds only in coaraeotloa Wilk tkatenityiatati �t ww Hearbee :WW"Ilyl e Pr Oattrat las�arasat:: Apeaey, Itte. n aoeeoyryd svhb tba vatierwripap jttiihlinee apd aataotrityhe afirti sat ttheaq oort!eyir} feet and as the same sad wititbmas t nnotlr.. bs amenEad and the tke a►stbsrklr�raaeiA 1r1►Ibie t ration, at will, at say brae Further, ibis Power of Attorney is sipaed by faaimils pursuant to said kSWative pravWon. Now'.hasfau the lure: of such officers and the sal o! the Conway may be affixed to any such povw of ateWW os oertYkMs rWatiy'.ksreto by !� and any such power of attatney or oortifkm evreh faaiw k slptatum orfsawaatiN sed rbsS� aid bl"t ie un Company and an sack power so exseatod uw eottifled br�tnU a siguatum and faait�bt sal dw4 bet vAM snd dkt� wpm W any In the iutun w� reopat to any bond or uadbrtaking to wltidt It Is attached. IN Tun MONY wH EIl1:OF, Clarvados Nacho Insurance Cantp!n y be eswad tlds intrust m to be apw and iu orporats seal to be flirted by iu swhoriaod oftivu, this 17A day of Novtmbtr A.D. IM- STATE OF NEW YORK On tbib f 7tb day of November. I9K baton me canna the InJividual who sxceuted the peoeding Instrument, to ML • veoos s" knows, 40L s had w a1i i*ias iiwa at that he is the tboreie dwAbed and authatiud officer of the Clarendon Nmional Insurance i:aarpsad►;y00 the seal tpo►ene Seal of said Company: that thesaid Corporate Seal --d his sismare were duly ditxod b tndor of the Sorrel of I' kwo" of saw Company. , IN TESTIMONY WHEREOF, I have hereunto set my haod and affixed my Oflidal SW at the City of New York, New York the day and year first above written. 11~riAN a. UM NDWr Fi0ick Mile of Now York In�t rtw Coeau iostfsproo .13. t My Coal-iialm Zq Avv 111, 19p CERTfixICAVON 1, the aaadertidaed of"flar of Clareadoa National insurance Company do hereby eem* •tad that I have compared that 1 t aoiiy oitM Power of Anosstsy rtad affidavit with tilt ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CON IPANY, mrd sapsa sA fPwInwo atot and e(t.aereof, aid of the whole of the said oridioals, and that the said Power of Attorney has not been rwrtkad atad k stoat, fat 110 IN TESTIMONY WHEREOF, I have beersoto as any hard ibis 0`001 ! day�" 1! .. 1 .y. 1 ,. ' r ►m ' ���OMRNtiR w Ar V%&V- JL aiffw Oi - 'r i C. B-IC04 CiIC BONDING AND MISURAMI:E COMPANY KNOW ALL MEN BY THESE PREUNTS: Cadifutaw 131n fts halal• 01*% IWM 10 Lam HU% CA fXW �f 7rasria, 0ggv4-car; 113 m; O pos f %% 11•tlNvl W&T& Wq ikrl' V Bond No. =63 Premium bxkvkd in Bid Bord Servita Undestai ns. as PriregW, Cherehafter caged the "Principal"), and CBIC Bonding "Ineurance Company of Seattle, WasWaptoo, a cocporatin duty organised under tt:e laws of the Stay of WlsttVon, as Surety, (hettinaRer aged the "Surety"), we hold famly bound unto CITY CF_ HUNPINGIW VAO - as Obiidee, Omaiaadter cd W the "ObUn") In the sum of not to exceed FIVE HUMM M IW 1 00 DOOM (S��:` po-09.�r..�..JL. for ythe 'phs�ymalt ci wbkh sum yyweell��uW fluty to be {JjmV.aay.de, the �U�M Ptincipl�foddthe UM Uety, bind ourselves, ou /eA, axecut f O, ".M���1 7uctess n Nd V tbg&an wftt*, firmlyby timm . WHEREAS, tir.. PAxW W submitted a bid for S� I', _..__. BID tX%TEi NOW, THEREFORE, N the Obligee shsK accept the bid of the Prhr4W and the Pdn*W sW1 eater hto a P , 1, eI wkh the ObIM in weacdoem wide the temr of arch bid and she web bond or bonds as may be rAdfod is the bmft or mak c doonneab with good and wfllckat wrety for the fdM perfbrvlsnce of N?Ch Conalct atd ibr the pwsapt paynmai of bow Sad mat i llwriehed in the pmeecvtian thereof, or in d a event of the hLue of the Prbc%W to f2ft into sack ooutnct eud &a such bond or bonds, If the Pritcipll I A pay to !!1e Owes the dlBersnoe not to eaom" tine penalty bereod between the sm mt sped in said bid and such Buyer Smoimt for which the Ob7ee may In good kith contract with another putt' to pe*cm the work covered by said bid, then this obligadw shads be oil and said, otbatwha to remain is AA ft" so aftct. Sip ed sad sesbd Lids OZ4i day of M A.U. 20, 92 JAMES E. DE AID Dil3A JDC GERMAL RVINHE iIM CWMM= ! wii w TWO CEl : $ooft and Icsunnce CompmW Aa I v BAEttWA THIEL -� �odCill.oi�l0a�i S�* I � �4. ':y 1 /;' � r•r�A yr .• 1 { t/M yy f�r"�,YW�i,�kC+ yy1 fW T�il � lS,'I" It �r it L- ro s Home oNfcs: CBIC LililitBii 1213 P.O.Box I9271�rrt CM UMM AND Power of Attorney Seattle, WA 981 OM271 m1luu ICE 00"Y (2D6) 622.7053 40N ALINE►! iY tHESE PRE :EN'TS :-,A1 CBrC EONDdf3 04 tNSu0.A'I.0 C'JArPANY s ca psstoH a ny c. �u1a trla Arai:n2 urge+Cle �ws a c e Stun d Mtetrrlplprl Nta Mrraq dt prvropi oNa inlost. K r J Carry. WW 0qW,,, trd rpmrd BARBARA TKEL of l tp ns Iore Ca br-m. m Irus and u«1J 18o►rq •d1faR rHln Af17Darr and auMorN nfraey oo)dafrad in a rAft. prep and Wed, Y $roam. W TWWpf and 0a1•a' 11) SPA im par roi brrd v $seaadwrp nw parW von of $12N OW (2) bid bonds br pb1 w1ws. 1 tM mt as Y aw �paa. N SBA pwaraea perlo r ,'re aro Wy rre': oaa, s) vrA W a,:*W Sid-% M. 0) A OMWO mdod Aid blurted try fr Swh AAMOsIon d Ar w,ea ink P" MVW L1 Aot", Fagary and"Sda UAefard+,e A)4re arrM'dm" theretar as Jwi',A!. Conrad (ock4rs W bords). MvOarlaws. Uanse and Prams end Foam+ rot pwaaary Mc pond $A d It.t7ri+.ObO. N1lt0 �ano1 tar #W vi aan p seam Icy* aulixry in W&w 131 Above of W e, f tM Nrlraa a awf fdo. At perbrrrlarao$ Ardor psyrrerr bw4sj of fq abased +?MAN. and (5) i Ow &WI ng ar'opd.V ffa WW'W of &= WO PmvrWC roww• ?A' BA RBAnA T) :IEL h q►intw pow" L&V fy 10 arosed to aprk&* mrW Ynd prvA o y aM bm b anfr bond A W ~ aqua b M M1baRt o1 Nv 1 "41 "M Or sm w aaurny reuirac as wtfarsf 1 -ol oy re Com ar) as in n0.:ameri io as* 4r bonff And b W4 Yr CoaK" twKy As Efy' Md loN uma sAn a a No bards owe w4d by tw Pratdara. saslae Wd1 ry t^lrro AaA, a r * c4TQany and ovy &%Hwd by d saaatary, twool ►,blyrq and wrd lwq aM Ulm sad m rf"40 d nip do r, tv perrxae Sa,d frOppdNnr it made urger and fyy aupurrq a<rr1 Ylarm rafoAr.pry adovrad W Ja 2oaro d Dvacgf eCrB�HDfwIANDJACECONYonalli1t11M1G MMry RES(k�EONa�f»4ttfWrxresuttic+nyeax�•,puree/trr•r1-r,a0dr*Con&75ARWATHIElwMX",AVswthwy a Won WWofw.vr$vy11) 8A3jW Mny parbrrrwv= And ur rwo borYL hA a rrMD++, oa ya, Vf fym a' 61.250.ox. (21 bd bwaa #WPM *qff, it" =Vaa a a,laroad ru 68A quarraaad perforrtiArCa "'.v p+rrnn)1 vq&; .p r1d e:r..d fi 1.?S? Otv: (:) at oUar t :rr � c: Jaa,nd rSrssric try t1a Sally A,eo� r..on V AfiarYa n in Rfa I: sR.sf d Frr1ry, Farprq srd 5aranr lorry (ndugnp t„tlre arwldi.nla iw ) as JL4xw. Cwic (arouar j ors bryiei). MaWv.L:'vS. t. wiw a•: Penn, area F10rLr rat timvp tm Dana+ s+rm d W.0m.n.141 and horldt 1W #a wd1Mn pvuaara tD Mar Cir'i n d1.Ae (71 Y10va,+HMe. f rM cerorfct d awarded Me paft rr4vA ar+da paymen: bond:s),rra not anus$ S21C0..DX, ed )5) M 00.9 badh rq(arOaaQr� rr Parr•f sun a ow'0oo. REBOLYiD FURTHEF' rat BAR! AMTNIEL a grlr.,ad kM' a �o wm :pry to ataad � atpkada pant lrat y n tortr n h aaa: � rarfoMaion ip dry bonC n an Mnara �pual p kM fg1101aM d rR' 1aAar d o:d1, cr s� Idr Narnq, noervw,t �,aM•N 1aGrdy by' tN Cornpe•�y fK An e+daoemeh n hNM r10 bone. RE601VeD fURTHEA ►Vt d11 s.�drlg� a h1 Saoatary d x,a Ctr!any p blrof! P1a Aapbrraly a'H aMcwr+w d raa hraliarvy two nadworr n fJrTr L1rMtsd Pores a Atbrrry k turtlry dailpois io Od ft" parsm rN W*16 m Diem ow OWN 11 b N MM cmpary vo raaw 1c c,f Axw" and $Mad w$ness a 1M brawl rsaslrlarts As r *W LION Bloretary d rM Cgngny: t7orlald Sr+ui, R. L Taal. Cnsnet J. Fal&►aw arla Jan!t K t ortar,t. MUM FURTHER Pat Ow som tlrt (6%4%ell VOW rut rr) P ru d AuomaY b No r, Wed and NNa) d tna Pra ft"L Noury Rtac and Wow 0dynr9 howftv ow onac w", and tlrt cbUftle AM NMI awl& apoaarrp v vy Imied FowN U Anwty bortaw q 1N,a and er br -tinq rasNwrfn ft" b$ by �cairnN. RESOLVED ) JRTHER Vet as ra$olraorls 800olad po'tlo rod,y Aoptm q rrs aLr w w4du mb pwy-ira fAd la CSIC BON M AND ihiiUAANCE GtOtlFrNiM we hn4 nowudstl. N WRNEN rN•0W. OW BMW AND NWRANCE COMPANY Has awed eleaa paeRrlt %ba YpaO by tt Pr %W1 Mid a Corporal$ east 1c be 1lafaro 9kvd ors 13M ds) d Jwaw % 1W. CK SCialpolfi AN1.0 004WIC; COMPANY , STATE. OF 1MAOWYON-40LMTY OF KNO po SEAL On Otb 1�t d JaraiRyt 1 f1Y1. pwabflly 1Fd1aN10 i1EYEN A GIINES. to me ryloam b ba P1ra Ma$iaaMroalaiad $all �d lmahftm lay. eJ AM" to be to IN* ad w0jo dry ad and lose d wd Wwrtton. I& rN ulet AIM rylrposlc NW nlanikrrd W4 an Der. owMd to a F tt►sr w to $$$seal d11 Wd hJVA Few w YtRTaE3i ► ciliOF l have fwalarto K: my nab and aNrr$A n1y oe,b$! NN tM dsy and fad► aryl at oaa wr y K 04 #0YMj Nft *ftLA nrltey wDao n 1►ro to trw tetras a welrrrglat faNP.fp M t3ef'fi$ � or 1YA'... �„ Th 1adMAip ad, faces q wt* uftffty of N Board of D$erzrs of C 14llt7N W AND Fl8UF1ANCE C01fi . har oarrses, a or in Wu s1(skid$ of r% loci t l d C'•OIC WtIDM AMC NStJI�ANG VW to show pia brapdrq 111 M. rw and Dana coy ol1M CaWN Pow d Ahf M JuW k NO Caroany, aro oft nchy Arfrda W#y to re M Fiaadr dAw way It 11� GIVEN s my Wd ae a_CA -on 7 Q:xi 4ay rK �� , _^,1r —--. 1 • fsMd7w *4 011001 4810-35 4-00236 CT.P IMIEUT OF THZ TREASURY Fiscal Bar -lice (Dept. Circ. 570, 1991 - Rev. , SUPP. No. 1) St7RET'i COMPANius ACCEPTABLE vN FEDER)LL BONDS contractor's Hondinq and Insurance Company NOTICE Thu above mentioned company was listed in 56 FR 30139, "ly 11 L9910 as a surety company acceptable on Federal bonds. Federal bond-approvingr officers are hereby notified that Contractors Rondinq and Insurance Cuspany i■ rsquired by State law to conduct business in tho State of California as MC bonding and insurance Coepjtny. Federak bond-approVinq of f iCers aho% ,d a..notat• their rsferencis Copies of Treasury Cincular 1-70, 1991 Revision, to. indicate that CBXC Ban Inq and Insurance Caapany in acceptable on 1"sderal bonds in the state 04*6 California Questions concerning this noti6k`say be directed to the Department of the Treas parts ury, Financial Ma►nagae'ent sasvice, ors Renagarment Division, Surety Bond Branch, Washington, D.C. 20227, telephone (202) 297-3921 or (302) 374-6850 (aff6c. July E7, 1991). Charles F'. Schwan, zax Director funds Kanagehiant Division . MID: July 1, 1991 Certified to be true copy of the original. • Signed i_ JDC 1301 Shiite Court �_ •-•_ ._n..,._ _..._. . Rmchu CucwnwV l CA 91739 per.- _ '' - :-, ,. ....._.,.. .. •_. ._ _... � � .._ ..-. __. .... • i 7 • X .w 1 . , •�4 J...1. __ .,r.:i♦ ^_ __ .�. �i•7 ~�i�•f.l. - _ y[ .�•'1-•�• �•.r til.� r1�-w , - • ` /. � y�~-'•.��riik- 11�!iw,.l1.~i��'i R;,o•�; = ••+ , �. ... 3:• �i•L'' � 1+rr: �.'r �', rii:- .-�."•t•.�l P�y�����y���•.�r. 11.::rI ,J�.t w•[:.. .._ .. .r .�:r.:�i;..yif :,�•� W�Y�M•k•ii�'•!NIRII�!!M•IA.r.wt-:•';,_•^�r_�1_�_1C 1..r� •.��-•'. ��•�.��::��.�.,y,�� ;���.�� �iM► � �r��[•f�• .Sri i.�+„y�h�� r•tif. -.'7"r.'111fi'-w'�--•Y•�.•••.�^"Y+71�r~��.i��'��~IIj.Y �•�jT w.iTw\..1 .1�� •• _,• 7-7 R^ I >, • _.. .I•�• - .. �.• : f , -:. N. III LF. ��a +T y r � w�.• ,�� „r ti:. WWI° yi�r 'wy �J%''L ,+� t tir w �,y. Lh,,f:16E!Yb�t4r��!`,�tL'�I d+�4�,,, y�S�L►1-r�tl��..'tiS1��'�'A•r,��� fy MIS ^91 , r•�y ., 'i.S r - c—i^+ •r. "'Ia lA� Y� ai�n pt -'1•' r II' 1 'f �P. 40b �y !1 4' '� �i r 611 i�'.4 r �, .,r�9vf �h�i �.:•"y i'�, i° �. y1�.. ���o i. rwa� � r ' M6KF o M INSURANCE -1 [Er� P.O. us IM tin Moge. CA 9Ml•5563 BID OR PROPOSAL BOND :NOV ALL MAN BY THESE PRESENTS: 'hat we, KE ITER CCNVSTRUCT I0,1 CO. hereinafter called the principal), and EXPLORER tMSURARCE CCMPANY, a corporation irdanizmd and doing bi,sineas under and by virtue of the laws of thu State or Arizona and My 'liotnsed for the purpose of raaki.ng, Suarmteving or becoming sole surety %soon hc,nde )r undertakings required or authorized by the lave of the State of CA .IFORJIA .s eursty., are hold and firmly bound unto CITY OF HUNTINGTON BEACH .hereinafter cabled the obligse) .n the just and full sum Of TEN PERCENT OF THE AMOP4 ' OF THE ACCOMPANYING ioilar■ (S 10% OF SAD-) lav;ul money or the united States or America, for the payment )f whinh, well and truly to be made,, we hereby bind ourselves and our and each of our :uooeesors and aseigns, jointly and severally. firmly by these preetats. 'KM CONDITLO N Of 79I13 0111LIaATION ib SUCH THAT, VNIri V'q,. the above bounden principal ae .forssald, is &boat to nand in and submit to the oblige* a bid or proposal dated JUNK 17, 1992 for WARNER AYE- SIDEGIALK IMPROWMWS FROM EDGEWATER .n aaeordance with the plans and specifications filed Ln the office o! the obligee and under the potion inviting proposals therefor. IOW, xN>tWORS, if the bid or proposal of said principal shall be accepted, and the .ontraot for such work be award:id ;o tine principal thereupon by thr said obliges, and said :rlaeipal shall enter into a contract Lad bond for the completion of said wc,rk as required :y lav, then this obligation to be null and void. otherwise to be and remain in full force o4 alfeat, :N Vt;11l88 YIMSOF. said principal and said Surety have caused these presents to be duly jidned &Ad seaisd this day of JUKE 26TH 19 92 i :AP CAL 160 KEITER CONSTRUCTION CO BY: 10140 QnVus Point Drive, San P. 0. Sox 415563, Sort 04V 1619) 546-24M ' 1 11� .r+ A� 1 � � ♦l '.M JI -, not + , e xplorer Insurance Company HC&IE CKICE $AN C(f: . CALFCANtA C4n10ed C3Fy of POW R• 0- ATTORNEY VOCW &t. MM BY YNES'i MISFIVI'S: 'that %ho ELOLCAL9 INSURANCE CCMPANY, a Corporation duty authoNzed Arad existing under the laws of Via State at A112CNA and having Its arind,iau oMea in the Gty of San Cisgo, C,afilarnia, dots hsteoy norttinaw, wnstinns an4 appoint: Pi =12 E . VEGA hem andlawimAnorney(s).4n-Fat.:veith hApower an4aurhontyhereby oonferred in Its name, plaza and stead, to execwta, sell, aola+4w1edge sow defter last' and d bonds, undsrtahinps. rteognissnas or other written owq&uoaa in the naturr thttaol. Jbie reow of Asto" is Ww*M end is %fined a,d so Wool by faaairrAo under W by Rnr artflority of he hAawiny Resolution adopted by ant daaral of Ciroenera at the EXPICPM4 WSUIVJlCE =NPANY at a meeting duty tailed xnd hold on tn• LTM day of JULY, isle. wrkrt sad Avoowrdea Ma net teen uroraed or ms*%dtd wA of which 04 foaoaing is a true, full. crud aertr plate cop" 'f1ESCLVM. That tie heaidtat sr Soaelow may horn state so nrna appoint •tttomsys.:n-Fav, to represent and set. for and an behalf of Me Cernomy. ww Ww the Froeideed of Soaeory. Owl 3oatd of Wpm" or beef w Caltrttittse . t ty at arty time rattrove suds AttomeyeAr% rao arts tmko tie P rw of Aft -nay gtwM .ham w her, srrd '.a it hx ve AJSCLYIO T?:at site Arm wy-Wi-fatrt may be pMrt fid paver to eseouts for and in the name of grid an b" of site Cbmprny ar y rued ad bonds and urwertaldngs as ra baairteaa of the Compiaty Mary raquirs. am any 94M borers or uW* ts'A::.ga executed by arty sufth A1l1:0 ra'f4W F*w "a be u bf wkq upon trta M mpany as it signed by tine Ffraswortt Ana waled 204 attested by a" 3ecsetary.• wNn?4j$S Ving=ft, ii1fA4AEit INS1J1tNyCS C CWAPW hoe asused Its offlaal seat it be ho'"Mto s11664 and Zee* preserve a be aid+t.w ter ha wary twatMe+A MMo.n thht 22 . a dar of Detcamber. 19819. 00-C A HslaPMM C.' WAW /;Y�- roo�4w VATS CP C.U.NCIR" fie"' w� I . COUNTY Y Cis VH fifty .A OM 22..nd 4p of Dee.. + tM srpeote0er. s Abort ItttW a of also Slsa et Cafftsrrtea, ke and flee taw C&ANY of fM 0600• d* eft"T sa:ite" a w queatd. same Aver%esa MAM t4grttart of oftcpm T4UPA M C W qff Is rate paearMy known a 1W the h. atUaawuf arw.fiior treearrfaea ti Asa wrtri.:e+wrd VW 0 rseeoing frtaararn$M Aso he aatorma ON ttta eaefrartMst of live SWW era It+" by rive writ' goals. repeesat and aft I" he is rd Reid efllw M to caa>; wa>fart slorunK X" That ale awl &TW 4 to site firsree/Y 01 ides vjMW io tilts CotMM Say of /so oeid CoriporWan. and M01 *+a :slid C&WMW Sea ono hie slq sa • assort oAaet+eve+ errfy effibW &W stsderrti/oo w tM atMa itsssfMlseAs t)y silo saelwsfty errd dlraCOan of ere seed C`,arporador� �V1 IZ'tpns Per"" sot my Aipw art0 & fGtwd my es" Sesfi, at re ally W Sara doll, she day arm year !1st 608" •� � - �• • • � �I :'max •.:�:f •.r:.t �• • '� rest::.•: � xrrr :s ; �••'�� itp3CL17 :121Pr SAYE C�FC•IU+I� :..:.1 it _ :*��'1t arc CCtJNi''f' CAP, SAN i+ftM L live twrtea'ldtjf ok iarrtao W. AMIWL Ifs. of Me E'JIpL.Cfwil lfdBLWAW."! C.".MPMN. do flnrafay 9011y 7sot taw adplail PCWOR Cr AMA. NIP. at~ the N14/oin g Is t k^ ma chat arrest copy, Win hat form t:•b ells acre Itaa eta beast rerottae IN IAWM S v40CN, 1 hw a h+wwro .re.snsea my memo as ue emyi ante efted s. CA *Wwo Sees) a1 1% C.orporadan. 7" of fa 9a tg%CM W43UPAMM C&XIDMtY � * . � /►�%..✓! �,+� a � slit y, +�• 1 •• t�a,,a .4+dr,• iwar ttwryr IV GAL 37 ' 'ART WO i, .'. R ' �y� 1 1 ♦ Y^n } iAl.r ��f;,• :fCty�_ ,� t4q�•a ��. . { •'�: a •■ .� + - •` -'I' w- � �• J�S+ .h �x1L 1 • __ .{<�y ��R��y�h . 4y7 � `•`4�,/ �• + � ` .. ti � _. ' a �1 r �'""-%'• -}Il •N4�",r �-T � I_ f '4. ' .' A+y n' • • 1'�, l , - , • • t t r .* : < , - f ;- . •ft►14 t;1�/,Wy S1c �-` 1.µ P ...:'- 0 `?'�C �4xi,?'t • _ , r - 1 , ` • y' y ..1 ��', ! A - f * f.l .t i I IA _ ti..r r hwtlyi`iy-�{+�'� 1�f a .M {'j'�" "� -,f. - • / r.•. + v' - A ' r•..I' r: .`�•_ __ * f� za� t Y ""w r,%•• '},Z,�*-. 3' , r - _ r� x 'IIa 1 4 f -1 •.ate �. .. - 1 y • • ,t t ,, •�� �c.14. �� , �� �✓ � .. :.' � is :�. '_ •' + �-,•� •, „1t �_ ���"(Y�S �,i r �,. ,{��t-' IMP � r ti y` •r• \r I . , � ./ i _-rad--1•+ - n ���,� 1�� I t+_ ?r'''-+y,pa9 -,�y�r ','��' •rtGf d .1y�,►�1 �_ 1 �`. �-� ��� �� ,f �,••• . `, s . .� _ _ _ �i' S ': ' _}• LLim"�'k - �- i' - ` 1f ;!R • .,/IRti i 1 i "r - 1� '� +~ t ; •� r r; u � •� , ,fit/ Poi - ''�r{r• t•� � �� - II f �..r`� '. * . ',�. . - y,�� .fir 1u^:,�w ,fir"•�j� I �a ,r t �r� i''� Wri I ( 4.,.t ' .1' � r' x ►. � t ;`-".i h.YA-R .' _ Y1')?J t`�g41� Y'f- {`_ 'g w ,.� `� � ..1 �.yf . �..'::• �• -�;� .,r •' \ • l' f t + yF 4 iyr p yry. fir - 1. nN _ ■ . • - Y �c. 1-`r-rW-i V' :`1 !. Fp•7�ly /`�i �.•''� -TIy 7.Jv c i). gtW BID l� yQ . i. BOND KNOW ALL MEN BY THESE PRFSENTSt That, .....................NAAP T..ff.c.0 iPARr1Tw...............,..................,...........................,...•...,.........I....................I......... ............. of ...Y.� .................PARKACR.:.................................... ............ , State of ... CALIFOR,NIA......................... hereinafter called the Principal, and ........ M..G.RI'i' IN AL..INSURA2iCE..CAMi'ANY............................................. hereinafter called the Surety, art beld and firmly bound unto.......................................................................................... ................................ ................................................................................................. .............................................. .................:•• of..............................................................State :f.................... I ......... .................. • hereinafter called the Witte, it the sum ...... ...................................................................•............................................................................................Dollars; tot the payawat wh eteot to the Obligte.......... the Principal bind .................................................. heirs, executors, admIDIstrators, successors, and assijns, and the Surety binds itself, its successors and assigns,, firmly by these preseets. 21st MAY 92 Signed, sealed and dated lhis ................................. •day of .......................................... , 19 ......... WMetsas the Principal is heterith submittInA the acaompaa In bid dated J .. 17,,,,,19 ;................. .... .. fo:.........k i€ .. ►Y.�i'i,� r:;$�$�i1'i +fit.. �V .. ,,. 5.. .......... E A?.gR,T;O, /1Lc-gNQUIti ..................................... ................NO ... 30....... .................... ............................ ................................... ......... ....................... :............................... Now, Thetefore, the eoaditlon of this oblijatioe is such that 11 the'bid be accepted as to any of all of the Items of maatcial aid workmeahip, proposed to be furnished thereby, or is Co any portion of ode same, and U the Principal will, within the period specUled thetchwe, or, If no period be specified, within ten (10) days &het notfee of the award of the eoacmct, enter into contract with the Obligee, to (wnish All vock and material at the prices offered', by said bid, and .•ill furnish bond with good and sufficient surety or suretles,as may be requlsed, for dye falthful tu,d ptopet fulfillment of such convact, than thla obligation shall be void. And the Surety hereby Wide itself and Its successors to pay to the ObllLtee, in ease cae Ptioclpsl fails to enter loco such coatract. sad girt such bond wlrhla the period specified theta ore, or, If no perlodi be specified, %Athin tan (10) days shirr such notice of atrard of eoactact the difference In money berween the amount of the bid of the Principal on the .yak and mac�rl»:,so srceptid, and the amount for which the Obligee may aonaaet with others for such work and mawflal, U the latter amount be to excess of the forgoer, but In no event shall the Surety's liability exceed the pearl sins b2teof. In Witness Wherecf, this instrument has been executed by the duly authorized reptestnt.tivet of the Ptla- cipal and eat $wet,•. NOHBST INCORPORATED 1 11 ..................... Pdroinal THE CONTIN AL INSMWCS COILr'ANY ................... .............................................. r Surety ................... ... LINDA D. COATS "a woo Fomm M tat.n t ;ti' a 4'�i �.�",„► l{ h The Continental Insuiance Company 180 Maiden Lane, New York, New York 10038 GENERAL. POWER OF ATTORNEY Know all men by these Presents, Thal THE CONTINENTAi, INSi. DANCE COMPANY has made, constituted also appointed, and by shese presents does make, constitute and appoint L nda D. Coats of Pasadena, California Its true and lawful attorney, fort and in its name, place, and stead Io execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees pravidwi that no bone) or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten 1A.Llllon ($10, 000, 000) Dollars This Po" of Attomey is 1pnied and k signed and sealed by frecsimile under and br the authority a the following Resolutionadopted by the 13oud of Direcicn of the Company on the 1st Say of November.1977: '1t[faV[D, tttae dm• Ctylranan al qa t oars, lh• Vkt t7�•in+an ai dw Rowed the M+ an 100eta6e Vke Pretiide•u Ora Slow Vies Pfflad•ate era V :e n W devo ar rear C-apnty. b% brad ihat •ads a &" J Ytaa ta, aue%*W b *=%of Po n n of ANtKr ay 4 +h+N sf W" ham•d to %tW pvn 7V'W Ql Atmanrry se e.ac &A f Ll eW of Y4 Carrtp•ny. lortalR ratdart•1it� awd a0 tt orilr•eta or wsiW*a•d OW M Aatiiraani Vtev PrseidM, a SmtcMW a an AW"ill Setassary be, bad that ooch er any of 0wimi F.rriy I~ atadioda•d M aae.a th• •roeMbn M arw taudt Pooer d Attaoarmey. and q aMid► Mtlsio tH+e +eat of N►t Carmperry. t1JR1't: RJLVW." gto t epw" or mach of itsr aid Met teal of dw Cott!e vf m" 60 a/ratd to ef+r aueh re-v et Atttoriwy or be aft CM*ci* mWirq 11woo by babefton/aryrAdPop troblaoin•yore•mmfac"tbomwilsro hkc•Miredpw%m orfaam*%Katsholbev&Wavdbw&gwpwthe Cawpavtwhee+oallimW dindwhw• t Mh r'aMim in a.q bond. wd"W ul or wwaa or vAwyo o M *#Ach i i , arsato W la W.tt+en %4*f of, THE CONTINENTAL INSURANCE COMPANY has caused its official Berl to be Wfeurtto affixed. and prtesem to be signed by one of Its Vice Presidents and attested by one of Its Assistant Vice Pm9dtnts this 1st day of ?AM 1965. THE CONTINENTAL INSURANCZ COMPANY Attest: le4zll-lv���7 Nobel W. Adler, Sr, Aaieear• Vic* PIOW6 SiAT E OF NEW YORK COUNTY OF NEW YORK w ,By .► jJ a � M�d�Mel (. Mo>tiw� Vice res�itl•ret On this list day of May,118S, before me penenally came Michael). geemaen, to nse known, who being Sy torte duly did depose and say that he Is a Vice President of THt CONTiNF,NTAL IN5'JRANCE COMPANY. the corporation descries in auid which exmied the abolra InsUamer>!; that he knows the teal of the said co-pwatioti; that the seal affixgd to the mid Imirurnent is wth corpcii a seats that it wisp, so afRfced by order of the Surd of Directors of said ca'poal an and that he signed his name thervlo by like tyr k. 7 «/�' FMEi TANAtrtO FtOTA,Ry Stale of FFw t'ertt Fla ?a-acalSl t>' ti ;:oorwr CERThICATE r.•aiaaY..oa►e f,t>ymr•i dim.re`'r'!o, l.e. 1, the undersigned, an AgOsurd Vice Presidtrnt of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire torpoalkwi 00 Her RENY CERTIFY that the fore joing and attached Powot o(Andrriey remeffri in (uA force &W hat not been revoked; and furthermorte that tie Resolution of the Board of Meeom sit forth in the said Power of Aflatney, is now in force. Sk ried and sealed a1 tht City of New York, in the State of New Yak Dated the 21 s t day*( MAY ,19 92 _ ' ' ptemes FL R• atttar{, alrebtiead Nets hrea6lee 11 SOND 4319 1 r. yr'1 r {�- - � �hti^_4_ {.0 "Lf , �Y ^l} � •�L h- li-�J " t-1,i. ; � 4 �. rr4�1 Yb�, }:_� ���.� '.��f -� �� i � �, . , :S•�•I,�.' y, ��•� -, Art P. , l��-�"f'�r'l'.k f,�'��,t r{�f17H rf.. � 4'ti'pr .1: _ 3 t.•rWr ��� t � t-r i. � I ..: �.:_� _ - r - c- ,� rr'L _ .•A -. •, iy 4. !� i � s ter•,. I. �Y7)�i,n Y' �: �,11i.[� i A", Y� hFnl.ill� : i -' -{ � _ ' ... r. — r ,,i n-. o I =. +4t. fi �. �, • ^ � 1-�� . t yC-i . ti- - y Ar Ok • r hr _ _ !t !k!b', iyAA Z"!t �f (('�yi�• di Y lYti`�- •�'� "i - � � � � � • - c'�; -., •I t' -try' 1t ��� - .1�$ "R)IG r ;! h., 'IWi.; r � - _ - •. - • • I ,i'• _ILL -1 / -_ y d h'MT•lr` i, X .yf fl '*yijt.:;� . ..r_},tr.... .4,'b� �' .. i<S -'- r '1 j .-' y • .� - - a - • • - i • ' Y - `'-�.. .'�, :.,_..j,'••._II �._'M��y��. J4'1�•r HI•�,y� ♦ i?t: 1': �111 �'� 'I"i y�- -. '� .b� -�A4 ..... R1 � ��•. .J I.t, i13' err r � � r. � r '. - yl •. �. • s M ,_ 71 � ' w. M • , r f . > � t i •i� t�t 1 J I RECEIVED CITY CLERK cwt OF fAUNTI► c7. f »CH, CALIF. dw,Y9: JUK I1 2 0o • +,YIJ -V 9 i , Y+''4 i, a •1• r� 4ti � I { tT� ry ;_ o �} fR. i t 14! .1 1„ �i 1 F , , fAM' 11Y •, 1 1 4�e�S n� 5, 17. • REOUEST FOR CITY COUNCIL ACTIOS� � l Date May 1F, 1992 Submitted to: Honorable Mayor and City Couxll I APPROVED BY CITY COUNCIL Submitted by: ?Michael T. 'Uberuaga, City Administrat Prepared by: Fr3rile F. Sandoval, Director of Public Works � � �d�w. - • Subject: c 1'1 r.Ll AP6.0VAL TO ADVEkTLSE FOR THE WARNER AVENUE SIDEWALK IMPROVEMENTS (ALGONQUIN TO EDGEWATEit); CC-836 Consistent with Council Policy? (Xj Yes (J New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding 7ource, Alternative Actions, A.ttschrnonts: Sidewalk is missing along the north side of Wagner Avenue, between Algonquin and 'rewriter. It ±s reciommended that the City Council approve the Plants and Specifications for sidewalk Improvements an 'Warner Avenue, between Algonquin and Edgewater, and authorize the Department of Public 'Yorks to a&ertiae f rr Bids, The City has, for many years, used Senate Bit! 221 funds to provide sidewalks, access ramps, bikeways, and audible signals. This year, $35,000 will be applied towards the prevkwly mentioned sidewalk project. Due to several requests from reddents, slang with our ongoing comm�rment to increase pedestrian safety whenever possible, Public Works has prepared Plan. and Specifications for th1 consitvr-tion of sidewalk along the narther!y side of Warner Avenue, between Algonquin Street and Edgewater Lane. County 5B 821 fui►ds in the amount of $35,000 have becn set aside for this project. Deny approval of project and forego a port'on of the Senate Bill 821 funding. AlrAMWAM Project Location Map MTU:LFS: LT:gd 311,�y1 6 '1a spas WARNER AvE SIDEV ALK IMPROVEMENT JEST CC 834 motlECr LocA ro will 1 1 pUlkIC N irjrEe, Pi :�I' NLTICrs r VUB! f NOTIM + PUBLIC NOTICED w NOTICfE !lv1Mi MIS S AL80 BIDS cc y B�idl unt'Oe 10 heW.,y 01,evi that th•' cr,y Clonal of the Grty of Huntington litach, Crdlforrda, will anolve soMed We for the ?ilq?wey .iK,f Avcnus • Sidewalk Improysmonta F.om Edpnwaler LArw ICI Air orvluhl Sbest In the Cory c FrvillrVart Beach, Csllfamia In a000rdartee V t tha plane and 11jacMu4tions and sperdst pravlelcni m nit In the ofQcs of file Director of Pabk Wnrt7. DcCummAt Wit bu i vatlabb on May Is. 1199w. A ratapi of $5.00, not rohrndable, will Ly rnqulnr; tow sash test of s1,a1t1w.o0one, and rcow.pa,�ting dmovin Us. DIRECTOR OF PUBI.II.: WORKS IINTIMATE iA OOK ITEM QUANTITY ! i. C'swingi and :rubbing t wmp rem 2. Comi-M 41' P.C.C. dde<vaik, including euatvatlon to squired subgrade milawatiun 13,000 S.F. 3, Install P.C.C, mace" ramps art .om+rr et tho Irrterseetlon tat AlporKKM Serest and Wamer Ayenue, Including all sn•,vu fitting, P.C.C. ►ettwval, valve :red lra,fls box grode edit mtrr tM &td n,--w rnrnp 3 snch in act,-x"me vNih the provisions of Sec;lon 177;f of tha :.2 or Code, the Mate of Callorr.1s, Dlw.lw of the Ds,artnqM of InJrrsaial Rolat ins; shall Mermtrte the garteral p:"Mktp rns of wetirrs, apO1{cabre 10 the work to be done; t %pine of the Imrint gonaixl wege rate deletmlrwions a's on We at the 7lfloe M The C!ty Clerk end tie of! :e of the ?oche: W'xks of t•.e CKy rt Pun*00n 3e40h, C807rnle. Plane and wdeloMlCel ", topether with proposal ft nl, rr.sy be ebtahed at tha OMCO of 1110 Dlrei'tor of Pu;,tk: Works, Cky Hall, Hunilrtgron Beach, 091ffofrlla. No bid will be received uniees R h inads on a blank km ruinishol by the Director of Public Works. The 09dai alkill.q n of prospeftiye bldr!" Is oasied to the proposal ngtJrwrtWW, W loft In the ?+�`i�Cetbts, for full dkecduna as to the biddlnC. Tea above cpjaillttm 9,19 approximate ontt� beirtp folven es a b,Ws For tfte oomfmison of bkta, and ths, City of Hull '+pbn BOOM does not express or by Inloilt;adMIJ apve that efts MtWed arn..urt of wor% w1H cc.rrespond therewith but -everm the riQM to InCMM� of dowel ism 0* amoum cf arty olmta or potdon of the wuvrk. as rosy be dbertled taoessary or tapedesrrl Lr/ the t)1nelor -A loubAa Works. Alt bids yNN be Oornpared on IN Oasle of tho UI'octmr o'. Public WrAws aatMtate of the gtw,*tllw of work ro t,a demo. r Substlprtlon of vcufi'rt for any monles by the City to Insure perfonnance shut bs pAm W h yccordanw vith W7AS" of the Coidcmle .lovemment C*1e, Section 4300 Each bid shot be mafle WA on a farm to be obtained of the OMN Uf ilia Director Of Publlo We*$, D}evehixnwtt VAr-Q, POtJO Mahn Street, HunflvVton iseAch, CelMxnla; "I be seated and faad tallith the Clfy Cwk ai w++ CMO Center, $tooled Floor Adminlstradbrl NuMoing, I= Main lkriat, Hfr*om IReaoh, C 0urNa, on w before 2:00 p.m. -it Jw" 17, 102, and shell be opsnsd Die Is cmilsmillan r4mpbeed of ate Chy Clark, the, City Attorney seed Dlreelor of Public Works a ohm's nrlftoflsed refMeee althry and the results ce meal biddl:V vAll bs .ref fied to the CRY COINM of ea►d Cdy of Hw 4iraNOn plash ut thole rAgular molt" to be hmki on Monday, Bee OM r.1 July 1092. at taw PXW Of 7:30 p.m- h ale CRy Cdtrtefl Chambers In the C-Mo Cartier of amid City of Huntington Beach and shah be acted upon by sold Coy CowtCH at the regulsr melting of July d, 1M. rf♦ Prey of Huntington .3eech, Calltomia reserves the right to riled any or all bkh and to accept the bkl deen»d fall On hit irllsnet of the City of HuMinpton tyesch, Calllotrda. Dy fxdw of the CRY CowxN of the Coy of Hunttnglon Beach, Callfomis MIA loth at May, 1992. ATTEST: Connie Brrrelrway City C�Merit Publlahed IftNltkrgw DesiM Irldepen:errt May 21, 28, 1922. 067.375 -1 ,ref 4� rr '' •Y' � � 4 '�r���t �� 'lei A' 1 SI u 71K `h ,' w f1� � �'i Q 'n�i"�� ���,Y �IAt �d'`{„1 �{1 '� ,ail;•' �, r.r7� 1 � �� dry C� 11�� STATE: bF CALFORN1A► County of Orango I am a Citizen of the United States and a resident of the Gounly aforesaid; I am over the age of eighteen yearn, and ^nt a party to or Interested In the below entitled matter. I hm a princfpaf olork of the HUNTINGTON BEACH. INDEPENDENT, a newspaper al general dmftlon, printed and pubrished in th6 Chy o; Huntipgtun @each, County of Orange, State of Catii ni" and Out wed Notice is a true and mmpleRty copy as was printed and p►rb5shed in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issues) of: May 21, 2e, 1992 I declare. under perta]ty o7t perjury, that fl o in we iii -1 c:�►T�. ExamWelcm - May 28 159 Z L Can Mom CaafaMIL PROOF OF PUBUCAMON yid � N � •�c i, �! ,# 4, ji �• i�Y 1 � � iF „'y� `� �iA 'i as NOTICE INVITING SEALED WDS CC-836 Notice is hereby given that the City Council of the City of Huntington Beach, California, wM receive staled bids for the Warne: Avenue - Sidewalk improvementr From Edgewater Lace to Algonquin Street in the City of Huntington Beach, California, hi accordance with the Flans and fpecifications and sl: .�cial provisions on file in the office of the Director of Public Works. Documents will be available on May 19, 1992. A charge of $5.00, not refundable, will be. required for each set of Specifications and accompanying Drawings. Mall • t: d J'V%J-" 42rk 11rm 1. Clearing and Grubbing 1 lurp sum 2. Construct 4" P.C.0 sidewalk, including excavation to required subgrade elevation 13,900 S.F. 3. Install P.C.C. access ramps on corners at the intersection of Algonquin Street and Warner Avenue, including all sawcutting, P.C.C. removal, valve End traffic box grade adjustment and new ramp 3 each In accordance with the provisions of Section 1173 of the Labor Code, the State of California, Director of the Department of Industrial Relations, shall determine the general Wcvalling ra.a of wages, applicable to the work to be drone; copies of the latest general gage rase determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, Califcrata. Plana and Specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The saecial attention of prospective biddeta is called to the proposal requirements, set forth in the Specifications, for full directlons as to the bidding. The above quantities are srVro�-!mate only, being given as a basiu for the comparison of bids, and the City of Muntingwn Beach does not express or by implications agree that the actual amount of work- will coi --espond therewith, but reserves the right to increase or decrease .he amount of any class or portion of the work, as may be deemed necemary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Worts estimate of the quantitieq of work to be done. Substitution of securities for any monies withheld by the City to insure performance sMil be permitted in accordance with provislons of the California Government Code, Section 4590. N-1 Each bid atoll be mace out on a form to be obtained at the office of the Director of Public Works, development Wins, 2000 Main Street, Huntington Beach, California; shall be aeealed and filed with the City Clerk at tr ) Civic Center, Second Floor Administ-ation Buildings, 2(WO Main Street, Huntington Beach, California, on or before 2:00 PM of June 17, 1"2, and thall be opefneci by a committee composed of the City Clerk, the City Attorney, &W Director of Public Works ,r their authorized representative, and the results of said biddft will be re;yrted to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the bth of July, 1992, at the: hour of 7:00 P.M. in the City Council Chambe:rn in the Civic. Center of said City of Hunting on Beach, and shall be acted upon by said City Council at the regular meeting of July b, 1992. The city of Huntington Beach, Cali°ornia, reserves the right to rr ject any or all bids, and to accept they bid deemed for the beat interest of the City of Huntinbton Beach, California. By order of the City Council of the City of Hwitington Beach, California this lath of May, 1992. ATTEST: 1rQmie.. AY City Clerk N--2 323??J9&10 SECTION C PROPOSAL for the WARNER AVENUE - SIDEWALK A1M4)VE.MF.NTS from EDGEWATER to ALGO; QUM CASH CONTRACT No. 836 in the CITY OF 11UNMINCTON BEACH TO THE HONORABLE MAYOR AND PMNIBE,RS OF TILE COUNCIL OF HUNTINGI ON REACH: Eta Compliance with the Notice Inviting Sealed Bids, the undersigned hcr:+y proposes and agw-s to perform all the work therein described, and to furnish all labur, material, equipment and incident insurance necessary therefor, in acce-dance wiLh the plans and specifications on file in the office of the City Engineer of the, City of Funtingwo Bewh. The undersigned agues to perform the work therein to the satisfv.don of and under the supervision of the City Engineer of the City of Huntington Beach, acid to enter into a contract at the following prices. The undersigned agrwo to complete the work \4ithin 15 working days, starting fmm the due of the Notice to Proceed. BIDDER declarra that this propposal is based uprn careful examination of the work site, plans, spedficatio u, Instructions to Bidders And all c her contract documents. If this propmal is sooepbdi for award, BIDDER agrees to enter into a contract with AGENCY at the unit wwor lump sum prices set forth in the following Bid Schedule. BIDDER utWerstands that faiilum to enter into a contract in the manner and time prescribed will rewlt itt kx1eitutt to AGENCY of the guaramty accoanpanying this proposal. BIDDER waderstiarwis that a bid is required for the attire work, that the ratirnated quantities at b-ft in the Nd Schedule are solely for the pvrpose of eampwing bids and that &W mmpeaas d n under 0* contract will be based upon the actual quantities of want auisliowily cotepbMi. THE AGENCY RESERVES THE RIGHT TO DEI. M ANY aW FROM THE, COMMCIr. It is agreed that the unit and/or lump sum pricks bid include ap gWwwwatat cxpesws, taxes, royalties, fees, tic., and will be guaranteed for a period of sixty days fuse the bid opening date. if at soda bait the contract is not avwamied, the AGENCY will qjw all C-1 bids and will mWvertise the project. In the case o` discrepancies in the mints bid, unit prices shall govern over extended amounts, and words shall govern over figures. I" awarded the Comm, the undersigned agrees that in the event of the BIDDER'S default in cxecuting the required contract and filing tlu necessary bonds and insuranx certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds or the security arcompanying this bid shall become the prcperty 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 ere amount of $_ AC5, a$ ,rhino said amount is not less titan 10% of the aggregate of the total bid price, required by the Notice Inviting Sealed Bids, payablc to the. AGENC t'. (Please inseR the words "Certified Chxk", or "Bidder's Bond", as the case may be). Bidder shalt signify receipt of all Addenda here, if any; w Addenda V.). Dare Recei►ed lWer'i Sidnatve. ITEM ESHMATFD ITEM WITH UNIT PRICE UNIT EXTENDED QUANTITY WRITTEN IN WORDS PRICE AMOUNT 1. lump sum Clearing and Grubbing Copp C Dollars and Cmr- Cents Per lump sum 2. 13,0W Construct 4" P.C.C. side*ilk including sq ft excavation to required subgrade elevation a Ck%-W Dollars and Cents S Per square foot C•1a n7EM ESTIMATE® ITEM WITH UNIT' MICE UNIT EXTENDED QUANTITY WRITTEN IN WORDS PRICE AV.01)f,IT Alternate Bid Item No. 1: 3 Install P.C.C. access ramps nn comers each at the interswion of Algonquin St. do Warner Ave., including all sawculdng, P.C.C. removal, valve and traffic boa grade adju�sr.pie►j t and new ramp �? J_�_i+Llollars And Cents S~S`POft- Per each TOTAL ALMOUNT BID IN FIGURLS:...... 4_ �•+ (-� � � AL AMOUNT BIT) IN `VORDS:.�t,?� r � �_It�+.+..��, r l! C-lb 1L.. .iLi. LIST OY SUBCOMRACi'ORS In acoordance with Government Code Section 4104, the Bidd.:r snail set forth dw 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 subcontractat. PorNJn Name of Subcontractor and Address Slate Urenre Class of work Number .W.v. N by submission of this proposal, the Bidder certifies: 1. That he is able to and will perform thu balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies rf All subcontracts entered into and bonds fuiirished by suneontractor for tnis project. C-2 Zo w 1 C Hai"A s. 9y� s `tom �'-�� •J . I I Ik Certificate of Acknowleigetnent STATE OF CAUFORNIA County of ORANGE On JUNE 9, 1992 before me, PAMELA M. ANDROSKO, NOTARY PUS Ij�, C _ personally appeared JAMES DE A:tMOND personally known to me (or proved tome on the basN of satisfactory erldenceI to In the person(s) whose namt� s) Ware subscribed to 1. r P within instrument and acknowledged to me that he/she/they executed the same in hl0er/their authorized capacity(ies), and that 1•3 hls/hedthel- signature(s) an the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. • i WITNESS my haml and official seal. � ---� �N••N•••/••MNNNYiM►M•�Mi•M•6•'IrliiiN �L� / X 'lac / )� •- l OFFICIAL SEA1 Signature _.. �� ; ,��� _ (Seal) t �; PAMELA U ANJAdsKO Mtrt•e•st "d 111j'' � ,''' fry ,; • • • ! V ! ` I 1 �fr • y `� 1, i Notary Pubic • caltSornia b 'A ORANGE COUNTY MrCaa17. ExpYes NOV, 30199d • NN s, •NNM.,,M•.F1r M�wNww Mi•i NON S 1 /Ir f N y A. 1 Yr 'OL.L,USION AFFIDAVIT ,rO BE EXECUTED V BIDDER AND SUBMITTED WrM BID State of California s5. County of Jean e ._, bole [rs�t duly sworn, deposes and says that he or she is of `,., ) .-� .. the party making the forgoing bid that the bid is not made in the interest of, or on the behalf of, wiy 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 indiibcdy colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone slwli refrain from bidding; that the bidder has not in any manner, directly or hAirecctly, xNight by alareement, communication, or conference with anyone to fix the. bid price, or that of any odw bidder, or to sccure any advantage against the public body awa-.ding the oontrat t of uyoft Interested in the proposed contract; that all statements contained in the bid are. me; and, further, that the bidder has not, direetly or indirectly, submitted his or her bid price cr any btoakdawn thereof, or the contents thereof, or divulged inforrnation 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 age,it thereof to effectuate a collusive or sham bid. Name -'r Bidder .r <. r tgnatu of Bidder Address of Bidder Subscribed and sworn to before me this a day of , 19 NOTA' :Y PUBLIC_ NOTARY SEAL C-3 MKTIF'ICATION WITH REGARD TO THE P'EMRMANCF OF PREVIOUS CONTRXCTS OR SUBCONTRACTS SMErC T TO THE EQUAL OPPORTUNII Y CLAUSE AND THE MING OF REQUIRED RMRn The bidder��roposed subcontm.-tor hereby certifies that he has r has not , participated in a previous contract or subcontract subject tJ tho. equal rtunity clause, Im required by Executive Orders 10925, 11114, or 11246, and that he has , has nat filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Comalis►n e, a Federal Government contracting or administering agency, or the foriner President's Committee on Equal Employment Opportunity, all repurts due under the applicable filing requirements. Date:JL NOTE: the above certification is reyttircd by the Equal Employment Opportunity Regulations of the Secretary of Labor (a 1 CFR 60- l .7(b)(1)), and must be submitted by bidder and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are subject to the equal opportunity clautre ere set forth in 41 CFR 60-1.5, (Oen:rWly only contracts or subcontracts of $10,000 or under arc exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontracts who have participated in a previuui twitract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by tk Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Departmeat of Labor. C- 4 UrILTTY AGREFIAENT 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 WARNER AVENUE - SIDEWALK IMPROVFIVUUM, q)(we)(it) will employ and utilize only qualified persons, as hereinafter defend, to work in proximity to any electrical secondary or transmission facilities. The ttrnt `Qualif ed Person" is defined in Tit'.e 8, C41ifornia Administrative Code, Section 2700, as follows: ,Qualified Person: A person who, by reason of experience or insirucdon, is familiar with the oprrat*on to be N rforrned anJ the hazardr involved.' ' The undersigned also promised and agrees that all such wort: shall he performed in accordance with all applicable electrical utility company's requirements ' ublic Utility Commission orders, and State of California Cal -OSHA requiranent3. The undersigned further promises and agrees that the provisions herein shall be and arc binding upon any subcontractor or subcontractors that may be retained or employed by the unders4rad, and that the undersigned shail take steps as are neccssary to assure compliance by any mid subconuutor or subcontractors with the requirements conWnad herein. ontractor 0— ■�� r Lay Title C-i DISQUALIFICATION QVEMONNAME In Wordance with Government CDd.- Section 14.110.5, the kidder shall compietc, under pamity of perjury, the following questietinaire. QUESTlONNAME Has die Bidder, any of icee of the Bidder or any employee: V the Bidder who has a propriabuy interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or compleaiug a Fedetal, State or local government project because of a violation of law ar a safety regulation? Yes No -X If the answer is yes, explain the circumstances in the space provided. NOTE: This questicanaire constitutes a part of the Proposal, and a signature portion of the Pmnuaal shall constitute signature o; this quesdemrtaire. C-b COMPENSATION LNSURANCE CERTIFICATE Nrsuant to Section 1861 of the State Labor Cade, each contractor to whom a public works contract has bftn awarded shell sign the following certificate and shall submit stune ter the AGENCY prior to performing any wurk on this contract: wn aware of the provisions of Section 3700 of the Labor Cody; which require every employer to Lt. insured against liability for worker's compensatio-a or to undertake self- ?nsumice in ;accordance with the provisions of that code, sand I will comply with such previsions :efore commencing the performance of the work of this contrut. Date, (,/;)- 'i a� nI ctor Y TMt a C-7 BID DERS INFORMATION that the following informrtio i is true a,id coriect: �I lu r ine usmess ress 'ftlephone Nmvlbeerr fate Contractor's ense r4o. and i `lass Original I5ateTsuM 1 �rp� lr'-''T"iat on�atc � The work site was inspected by .__ Y'^ of vur office on � f- 1Qyz:- 7he following are persons, firms, and corporations having a principal intr-rest in this propmd, LIM C-8 r,�'�lri•^�,r ail . i , 4 r. f ILLk Gl'`Nr • rsIV` ',r' , 1�frri:^,r:,, • fi1r'. \ yM Certfrt:aU of Acknowledgement wlecdgement STAIT OF CALIFORNIA 1 Ct►untyr of OF-%,;CE µS 0il JUNE_9, 1992 _._r—heforeme, PAMELA M. ANDROSKO, NOT) personally appearert JAPtES I?E AFtTSSJND `!` por.•nnLdIy known to min (ur proved to tne. tin the ha5is of satisfactory evidence) to be the penon(s) Hhosc narne(s) iv within htistrunwnt and acknowleeged to 111e that he.15116.ichey executed the salne In his.1her/their authorized capacity hiQihc%r'thclr signature(s) on the instrument the perun(s), or the entity upon belial of which the person(s) Acted, ca NVI TNF;SS my hand a official sca lr _J� % �M�N. NYp N•N.��N� Signature _.:..,`. 1,;!-i ? -�_ I !` __ ` >'_�.. 1 i� N' (Seal) , /ri PAIt NCO; 72.6 01 +r � ill '�, �� r � � � 1 •I'T �I �i{I' yI41 A 1 fy I,r i , y Ali f` t1 / � rr ' �l h �'e V��n •d �r g�5' 44 o i WI rt •� Y, hiby Ig n �i',/}e ��Ji �r•�:r: r} 'i`a��y i' fl;' �n ,r �pl�;�i' r ' My cote e im The undersigned are prepared to sht:sfy the Council cf the City of Huntington leach of their ability, financially or otherwise, to perform the contract for the props» W work and improvements in accordance with the plans and specifications set forth. OLC A ...NP i21IN-Yr1 • Pri—RW or � Address o if Telephone Number 5ubsctibed and sworn to before me this . day of , 19 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which ;t the bidder has performed similar work within the past two years: 1.en ("N �" Name and Address ;Nat d Telephoi ; No. of p�jec Mona r: n mount Type a! or DW Completed- 2. Name and Telephone No. 3. I ir Now J CrrY OF HUNTINGTON BEACTI CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the WARNER AVENUE - SIDEWALK WYROVEMENTS fmm EDGEWATF.R to AL.GONQUIIV CASH COPMACT No. 836 Pnpar,d Under the Superybion of: ��oppofAB$Iq� t a No. 004"61 G Lp �c, CA�.1f A ppreved by: o. 1; CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for tm WARNER AVENUE - SIDEWALK IMPROVEMENTS ffom EDGEWATE.R to ALGONQUIN CASH CONTRACT No. 5M in the CITY OF HUN'I`INGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALWORNIA 92643 (714) 53&5431 ]I SLUE: June 17, 19911 2:00 P.M., 2Nb F "-;R City Ckrk't O f ire LaUIS F. SANWVPt., MXTOR DEPA,RTNEENT OF Fs JLIC WORKS cc"Apc VW. Im Crff OF HUNTINGTON BEACH CONTRACT VOCUl4IENTS SPECIFICA"i IONS AND STANDAIM DRAWINGS for the WARNER AVENUE - SIDEWALK MP'ROVEMEP1T5 from FDGEWATM to ALGONQUIN CASH CONTRACT No. 836 Prtpamd Under the Supervision of David eC.E. No. _097591 Date Approved by: tt, Cly S near,R.C.E.o. N(M., If 'there are nny questions reladw.. to this project, pkwe call Davin Webb at: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STRHET HUNTINGTON BEACH, CALIFORNIA 92648 (714,1S36-5431 TABLE OYCONTENU 8SCPIdIV A 140710E INVITING SEALED BIDS .......................... A-1 $ECClON B INSTRUCTIONS T4 BIDDERS ............................ 1114 1. . . . . . . . . . . . . . . . . . . . . . . . . . 6. . . . . 1. 8-1 (/F.+.or`m�s........ 2. Proposal �illatantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1 3. Proposal Signature ..................................... B-1 4. Delivery of Proposal ................ , .................. B•2 3, Return of Propose! Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . 6. . .. N'7. 6.Taxes .............................................&2 7. Disqualifications of Bidders ............................... $-2 S. Contractor's License Requirement ........................... B-2 9. References .......................................... 8.3 10. Listing of Subcontractors ................................ &3 11. Discrepancies and Misunderstandings ......................... B-3 12. Equivalent Materials ................................... B-3 13. Legal Responsibilities .................................. B-3 14. Award of Contract ............ . . . . . . . . . . . . . . . . . . . . . . . . &4 15. mau vial Guaranty .................................... 114 16. Execution of Contract .................................. 13 4 !7. Submission of Bonds and insurance .......................... B-4 18. Addenda ....................... . ......... . . . . . . . . . B-S 0 SECTION C PROPOSAL ......................................... C-1 Bid Sheets ...................................... C-19 - C-1 (I List of Subcontractors ........ . ........................... C-2 Noncolluoion Affidavit .................................... C-3 Certification - Equal Opportunity Clause ......................... C4 UtilityASreement....................................... C-3 Disqualification Questionnaire ................................ C-6 Compensation Insurance Certification ........................... C-7 Bidder's Information .................................... C-8.9 ► EMON D Sample Contract ................................... b-1 - D-J) SEC71ION E SPECIAL PROVISIONS .............................. 9-1 P14 RT I GENERAL PROVISIONS SECTION 1-TFRMS, 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 2.3 SUBCUNTPA.c'fORS 24 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS SECTION 4-CONTROL OF MATERIi LS .................. E-5 4-1 MATERIALS AND WORKNIANSHTP ti� SECTION 5-UnLI TES .............................. A-6 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SEC'x'1ON 6-PROSCCLMON, PROGRESS AND ACCMANCE OF THE WORK .................... E-1 6-1 CONSTRUCTION SCHEDULE AND COMMMEM ff OF WORK 6.7 ,nmE OF COMPLmoN 6,9 LIQUIDAIMI) DAMAGES SECTION 7-RESPONSIBILITIES OF THE CONM.CTOR ....... SS 7-1 CONTRACTOR'S EQUIPMENT AND FACILTi'IFS 7-2 LABOR, 7-3 LABILITY INSURANCE 7-5 PERMITS 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENT'S 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8-FACILITIES FOA AGENCY PERSONNEL ......... II-I1 8-1 GENERAL SECnON 9-MEASUREMENT AND PAYMENT. .............. B-12 9.3 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 20I-CONCRECE, MOR AR AND RELATED MATERIALS ............................. E-13 201-1 PORTLAND CEMENT CONCRETE Iv PART 3 CONSTRUCTION METHODS SECTION 300-EARTHWORK .......................... E-14 300-2 UNCLASSIFIED EXCAVATION SECTION 303-CONCRETE AND MASONRY CONSTRUC WN .... E-14 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAY APPENDIX I • PROIEC'T VICINITY MAP and GENERAL, CONSTRUCTION PLAN APPFYDIX II - STANDARD PLAIN INDEX v „t, SECTION A I+iOME IIVVTI'ING SEALED EMS for the; WARNER AVENUE - SIDEWALK D41PROYEMF. M CASH CONTRACT No. A3i in the CITY Of HLr'NTINGTON BEACH MM..1iC NOTICE IS HFXEBY CIM that the CITY OF HUNTINGr'-N REACH, as ACfEMY, invites aealod bids for the above -mated project and will taodve ouch bids in the office of the City Cleric, Sxond Ficmr, 2000 Main Street, Huntington Heath, California 926U, up to the hour of 2:00 P.M. on June 17, 1992. Bids will be publicly open in the Covell Chambers unless otherwise po%W. Copies of the flans, Specifications, and aor Ova documents are available friom the Office of die JXnwtm of public Works, 2000 Main Strom, Huntington Bwh, CA 92645, upon payment of a $5.00 nonrefundable fee if picked up, or payment of a $6.00 none &r&ble fee if mailed. Any oontmt enu add into pursaant to this notice wil; incorporate; the provisions of the 5tese Labs Cade. Pursuant to the provisionr, of Section 1773.2 of the Ubor Code of the Static of California, the minimum prevailing rate of per diem wagers for each craft, classifiaatioin or type of workman ndoded to execute the contract shall be those. 4mmined by the Dauber of k4ustrial Re kdons of the State of California, which are on file at the Of6ce of the Direcor of Public Works, 2000 Main Street, Huntington Beach, CA 92648, and ate available to any interrestod party on request. The AGENCY will deduct a 10% ftwtion from all progress paymcmts. The Contractor may wbstitute an escrow holder surety of equal value to he rvention in atwdarme with the provisions of the Califomia Government Code, Section 4590. 7M Contractor shall be bea>eficial owner of the surety and shall roceive any interest therm. Ibe AGENCY hereby affirniatively ensures that minority business cnt Vdm will be afforded full opportunity to submit bids in r+esponsr to this notice and will sot be diKdmitr W Soma an the baiti of rye, cola, national origin, ancestry, sex, or religion in any eocWd--ation krading to the award of contact. A-1 In entering into a public works contract, or a subcontract, to supply goods, ser►ioes, or nuuwit► & pursoant to a public works contract, the Contractor, or svboo ntractor, offers and agrm to resign to the awarding body all rights, title and interest 'n, and to, all causal of action it racy Mve turnder Section 4 of the Clayton Act (1 U.S.C. Section 15) or utndet thi Cartwright Act (Cha,;w 2 (oom.merncing with Section 16700J of leant 2 of Division 7 of one Busiaew and Pmfe uws Cow), arising from purchw.& of goats, services, at mrtterials pursuant to the public wwb t oaurm or the subcontnat. This assignment shall be tttrrde and becoft eNfective at the time the awatrding body lenders final payment to the Contractor, without fft ethane Wk nowladgeme nt by 6$ Won. Bids must be pmpared on the ap , roved Ptoposal forma in conformance with the YnW-uc*xt to Bidders And subrnivad in a "ed ca%elope plainly narked on the outside. 71* bid must be accompanied by certified or cashier's check, or bidder's b4od, tt e& payable to rise AGENCY for an amount no less than 10% of the amount bid. 'fine ammessful bidder shall be licensed In accordance with provisions of the Busint+s,, and P-wfessions Code and sh&11 possess a State Contremon's License Crass at tine brae this *earl is awarded. T1W successful Contractor and his subaontrrwors will bo rcquiued to poste badness lk* nsn frern the AGENCY. IV AUIENCY reserves the right to reject any m Jl bids, to waive any imeRuWty and to bsloe all bids under advisement for a maximum period o:' 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFOXMIA. Attest: Connie Brockway 013DE A-2 SECTION $ INMUC' ONS TO DEDDERS FM jo t— j 4 . 3 We stall be vtr.'Med in writing on the Propo:sl forms prtrvided by flee AGiM Y. All iaforttra* n regPW*d therein must be clearly and legibly set feat In the tstartrtrt and lia:tn iA kited. The AGE14CY will reject any proposal nor marling dwao regttfratrwtts. 'nos bid shall be filed with the City Cleat, Second Flow City Hall, M M in Street, HurAegioa Dwh, C:alifhrak, which MWI be endorsed -with the Pwim 71de and Cash Comomot Nweber n it appears on sate Notice Inviting Sealed Bids. '11w salad envelopes will be publiely vpetwd ad nod at the thne vW place stated in the Notice Inviting Bids. Bidden or their audtodaW geese are invited to be preamt at the opening. Unauthorized cmWitiats, Ifmits► ens, or provi*a attached to a proposal will render it infummd and way cause its rejection. TU campk% proposal forms shall be without interiineglons, alterations or aaasuros. AlWwtive aropt+lstis will rwt t o considered unless toguested. No oral, td*.4noic, or tziephortic pmpes b at modifi bons will be considered. The proposal may be withdrawn upon mqum by the bitltltr withattt proudice to himself prior to, but not after tore titre fixed for opening of bide, providtrd 661 the request is in writing, that It has been executed by Goa bidder or his duly aatfmized raxam tative, and that it is filed with the AGENC. . r ; � i►� w � - �r proposals mast be w ompanied by a proposal 1,wmitee consisting of a certified or eaAier's check or bid bond payable to the AGENC! in the amount not Its; than ! 0% ox the Owe amount named in the proposal. Any proposal rot ace: mpnr-Lxl by such a guatantee will Act be considered. Said check or bond slwll be made payable to the AGENCY, and sha l be given as it guarantee that the bidder, if awarded the M'jrk; will voter into a contract within 15 vi rti-nIg days after the award and will furnish use necessary boWs as handnafter provided. In the case of refusal or failure to enter intu said contract die check or bond, as the can tray be, shall be forfeited to the AGENCY. If tFe propcsd is made by an individual, it shall be signed and his f411 num with Ws adder s,`tall be given; if it is made by a firm, it shall h-- signed witH the aoparttxnhip name by a tnerttbe r of the firm who shall sign his own naw. and the name and address of cwh :,somber "I be given; and if it is made by a corporation, the runic of the oory►onWat shall be r�g by its duly authorind officer or officers attesred by the amporate PW, and oho wines and titles of WI of'fims of the corporation shall be given. B-1 Proposals shall be ow3ored in a sQaled envelope plainly marked on the outside: "SEALED BlD• (Of WARNER AVENUE - BIOEWAIX VAMOVSKENTS in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WM MULAX MAIL' Psysaale, wy be mailed or delivered by messenger. Howeva, it Its dra bidder's alp to own delivery of the proposal to the lards of the AGENCY's daigamed' i prbr Ito We bid opodeS hour stipulated in floe Nodes Inviting Sated Bids. Lake p mprosos's will ow be aonsidwed. The ptopmal guarantees of the sortond and third lowest bidders witl be held until the aws,rded bidder his properly envcutod all contract documents. Within 10 working days aft the award of COMM the retaaining proposal guarantees accompanying all other proposals will be imm nd and void and returned to the unsuccessful bidders. i. IFS No oar don shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will k deemed and held to include any such taxes which may be applicable. fi, the event that any bidder acting as a prime contractor ;ass an interest in own than ass proposal, all such proposals will be rejected and the bidder will be disqualified. This :aahict3csrt Joes act apply to subcontractors or suppliers who may :submit quoutiuns to mare fto a" Mier, sand while doing so, may also submit a formal lnuposal as a p inu oontraeto. Z praject req*vs the Contractor to possess a valid Stage of California contractor's WNW ot'dw proper dMdfiatiton in accordance with the provisions of Public Convact Cads gectim 10164. All . efaeum information called for in the bid proposal mast be submitted with do bid prepoml. Vir+. ltti_-i i TOW.--I0; . car• M!danr shall IW in tine bid proposal the sun and place of businus of aaati subaorsttacldf OW will perfotnn work or'labor or render services for dw Contraolor in an amamt in exasm of aw half of orre pet+oart of tiro Contractor's total bid, Mar* must ad* dwnuWv4s by perrorW examination of the wank sloe, piaaa, sp 91c atms and other contract documents, and by any other means as they► array bet vve aacsaa i yo as to do actual physical miditions, requirements and diflkulties unda which the Wa * must be pufbaned. No bider *all at any time after wrbmissian of a pmpowl wAW way plaits or asnrtiot than theta was any misunderstanding or WA of hftrmada ngarM, " aart m or amount of work neoessary for the satisfactory eompletimr of the job. Simuld a bWdw fed my mrrmo omisa ims, or diwreparncies in the puns, spedf aktimg and udw aantract dwwooft ar should he be in doubt as to their meaning, he shall notify the Ad1BNCY. O m W it be WWI accessary, a written Irddendum will be sent to all bidden. Any Wdemb hrwd do bidding period &hail form a part of the oontract an Shari be includad wbh data pea wW.. Requests for the use of equivalents to those sWifiied, must be submitted 10 On AUMMY 10 worldng days prior to the need of such materials. Within that time, tine AGENCY wW issue a written twsponse indicating approval or disapprrcnral of such nquM. it is do sole t aMInUty of the suom=M biddtr to prove to the AC3 NCY that such a material is truly an a*dvskm ,E X-11.60.F. 11.1.r91 AU pmposalx must W submitted, idled, made and exeouted in a000r+darim with Soft cad P6daral laws Mating : bids for contracts of this nature whether do am or expmsly► roftrred to gain at trot. Any bidder submitting A proposal shall by such action thweby agree to n0 and all of the Lamm, cc>r+ditions, p vMsions and requirements set forth, contemplated wd mhrnd ea lrn'the Peons, Spatifkations mW other contract docurmts, and to NU amplisrroe tber with. Addi0ox ally, any bidder submitting a prWud Stull, by such action drermby, agtae a pkit at matt ttre minimum prevailing per diem wages as provided in Seedon 1773, at, wq► of do iltbor code far asuh craft, classification or type of workmai required as set ftwth by the Mom of hWuWW ldrtions of the State of California, B-3 IU award of eor+tott, if made, will be to the Icwest responsible bidder to dwtrrrnrrined roily by the AGENCY. The AGENCY reserves the tight to reject any or all proposals,10 waive my Irregularity, and to take the bids under advisement for a period of 33 days, all as nay be required to provide for the but Interests of the AGENCY. In no "ot will an award be mob until all mossssrry Investigations are made to the resporhsibility and quolif bons of the bidder to whom the award is contemplated. rY The nooesaful bidder may be required to furnish a written guaroWe oovering anUM' proms of work for vvying periods of time frrom the deice of aec W wrhae of the wait by the AGENCY. 71he work to be g► =-xiteed, the form, and the time limit of the guarantee will be spewfiW in Ores special provisions. Said guarantee shall be signed and delivesed to the AGENCY before amptance of the contract by the AGENCY. Upon compledon of the contract, the amounts of the two contract bonds required In Section 24, "CONTRACT BONDS,* of the Standard Sp elficwtions for Public Works Construction, may be roiuoed to amftm to the total ak» tvit of the contract bid prices for the items of work to guaranteed, and this amount shall oantinue In Poll faros and effect for the duration of the guarantee period. No*cw, dre Labor and Material Bold can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 'itW mccou►Bhl bidder sball execute a written contract with the AGENCY of the tb of anent prorkkdt and shall assure all to moft and do -" required by the Spwrllkthlioes within 10 woaiia0 days frrom the date of the award. Fai:um to enter into a ownMict "I be just cause far rho annulment of the award and the forfeiture of the proposal gurnrarhtwe. If the r.v-. essful bidder fails to execute ti,e contract, the AGENCY may award the contract to the •: bbnd lowest its "sible bidder. If the second lowest res"sible bidder fills to exMte the tiiih +ct, the AGENCY may award the contract to the third lowest bidder. On tbo failum of such second or third 'owest responsible bi:tder to execute use amtract, such bl lder's guarmttses shall be likewise fonzited to the AGENCY. The work may them be re-advetdsed. 11.11MN 1117 bj OF.B &Njp MLMNCE TU suraessf d bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contrnc`:. Prior to the issumm of the Nodoe to Pnxm d, the AGENCY must be furnished with a Poky Wwwwwo ft+am the stirmmf rl bidder's insurance company, naming the AGENCY as an additiond insured. B-4 7U ~ of all addenda to the matmet documents shell bo owAWmed in do hid t�td mdd addo & drill bo mWe part of the ooaw documma ad slwsti be ndmud T bld pwlW Mum to pAmMt any a ch addenda with the bid pwJmp my woo dM bid kvgpdV W vW nmlt in Its Edon by the AGENCY. s-s SEC'noN c bt rho VOCK - 89"ALK Il dMOVSIIEM fAm DGMATIM to ALGONQVIN CASH CONTILker Nay* a in the CITY OF M UNT>!~1GTON BEACH TO THE HONORABLE MAYOR !1NH bWOMS OF THE COUNCEL OF HUNTINGTON WACM: In emptiam with the Nodc+a Inviting Saw am$. the wwkt*mW hereby pmpaeas NW aSm tq porfotm al1 the work . dovin dacdW, and to f nM all hbor, nmerlal, equipnrew ad kwidmt iimtu m noway d o oar, in mandanoe with the plans and rpaefliceft r ar ft itr the owe of the City larrpineer of tie City of 11rmntfntm Has h. T1rs %M01 w per�lb�r the war tha+ain w the aaaliadretiwr of trrd wider ttrm wpervtakm of rice Cif �t of dw Citr Of HwrdnSft Mewho NW to UAW ,taw a cDnum at ft li o w* pt�M1. 'ire MANNA and ap m to eompleee tt.A Wft withGt 13 *Vd* 6p, mrft fY dra &ft of tAo Rotiaa ID MM decieu that this proposal is based span mmM aaambution of rho work ail e, pia, tpMd�ioetlan:, hou"ioms to BWMM and All adrer a X&M doatants. H ibis pro frail it atxtapm far awAtd,1d1 DER agm to enter into a antmd with AGIR CY at do strait and/or srw prim at, faith in rim lbilowig Bird Sehudule. BIDDER Wdmmft do ham t#a mW iato a mww is ft mum and time pmKriW will iaault in htfekm to AOMCY of t1�r #t�►aq► :ia�o�aapwayi� this pe+apoeal. BWM wWMmmmb drat a bid is rugWnd for the entire work. that rho asdmwrd e a ddas at 60 in rho Did Sdm" am sorely for the %r m of. twpuft bide ad 69 M111 ooe asad+cra wrdtr do oontiact will be based upon the amml grrmddes of work dfly aorepam W. THE AGENCY RESERVES M RIGHT TO riMXM ANY rl`$hi PROM THE COHIEAM It V armed that the unit and/or lump sum prices bid iadude all appttitM w @gWWm, Was tc*ftt heat ere. v and will be Smanteed for a period of sixty & AM tM bid - doe. If at owk time dw amtnrct h not aw&MW, tht AGENCY will rqjW d C-1 bids and will mmlmda dw project. In the ow 4 In dta atleowh bid, "pdm shall gcwe m Over atw4w anmanu, and w0A des11 go vm am A&M. It awareMd the Co mm:t, the undetsiped Mgt dot in the ww+t of do PIDMIS dwbA is exacufm the nrhW oontraot and filing the ntcmwy bomb ad %vmww wattifaMsr *01a the Wvflty wwmpanying ma bid "U b*wornw gee proper of do MMMY aced that bid and #a aooq*mm htwof may, .0 the AGENCY'S cooa, be dtwA wig ad weld. As�ompanyind dais ptapaW of bid, find in do ■mwnt of 3 „ - — ww,.& wtkh acid amoant is not less than 10% of the sUfq w of dw twal bid prise, as mqAW by tfie riiWw Wting S*M Bids, payablo to the AGENCY. (Pkm hod the wads TM A", " Cwdfled Check", or "SkIder's Bond% as the case may be). Bidder shall signify receipt of all Addenda has, if shy: �k� lYir. Dwr Rscrlwd /YiMr� al�raarwr ITEM ES'Y`U"TED ITEM WITS UNIT MCs UNIT U"tZKM QUAIg7M WIgMrEN IN WORDS mcs ANKIR M"1' 1. lump sum Clearing and Grubbing llus end Maltz $ - --- .. - — $—._ Per lump vm 2, 131p00 Construct 4" P.C.C. sidewalk including aq ft excavation to Mquirad sabgrade clewdM a hollers and Per square foot C•1a r rmu intl✓LATID ITEM WITH VNIT WX3 unr WRITTEN IN Wow m Abrrnato Bid Ilan No. l: 3 install P,C.C, some nap ca octmro wah at On laor don at Al um St. & Wuw A"., lncluft ill awcuWrg, P.C.C. rw vW, valw ImW ftft boot vde 4ustment and now rainy lam turd Par U:h 70TAL AMOUNT DID IN FIGURES:.. , ... $ ?OTAL AMOUNT BID IN WORDS: C•Ib LM OF SUBCONTRACTORS In woetdenae with Ckrvrnrnent Code Section 4101, the Uddsr droll set Doff* do MW ttud butinesa addrm of each subcontractor who wW perkm work or MWW song to to hWdW an mid awuw in m amount in excess of one -halt of one perwnt of do MW bid od be pottion d do work to be done by such suboantraetor. Awkn Now 4' Subcontrwor and Addmw Mw Jrkm � By ssrbmiudon of this proposal, the Bidder wdfles; 1. 7%t he is able to and will perform to balsnoe of all ww k which is not oar wW in IM abMG vftmuaetars listing. 2. That the AGENCY will be furnished wpies of all subconuuts entered Into enr bonds fisraialred by subs ntutor for this project. C-7 NONCOMUSION AFFIDA'V1'r TO BE BY BMDER AND SUBMWED WrM 8W Swe of California as. , beirj first duty swwu, dWm and says abut he or &W it ,_...,.._.� of do party =Hap do haWft bid thbid is not mode in the interest of, or on the bebatf of, sty tt+nd sc3ossd s►t tit! pereowb pa' iP► awnpany, association, organintion, or corporation; dwi dw bid is'pmdu ad dolt odhWve or sltem; that the bidder has not directly or indirectly indwW or ttaliciled stray odw bidder to put in a Me or share bid, and has nc►t directly or indirectly aaihd4 osmqitod, donANW, or greed with any bidder or anyone else to put in a sign bid, at dW a g ooe dMH of in ffiam bidding; that the bidder has not in any manners directly of indirectly, a`wght by gpument, communication, or conference with anyone to fix the bid price, or that of my Aber Wch r, or Ie secure any advantage agsd . the public body awarding dw aabrM of anywe iate+npod in the proposed contract; Hutt all staternents contained its die bid are &W cad, f dw, dart the bidder has twt, directly or indirectly, submitted ids cr ber bid price or arty bmdulm dtaoof, or the contents &wmf, or divulged informs un or data relative dwro o, or paid, ad will sot pay fee to any corporation, partnership, company woci id n, oi'prtniaoitis a, bid d"sitory, or to any member or agent thercof to effectuate a collusive or ftm bid. carte -of rim nature By Subsratbed and Mm to before me this � day of . , 19.. NOTARY PUBS.IC.,,...._�...._.......�...____r� lriarARY SEAL C-3 CldtMCATION WrM RNARD TO TRZ MLVORMANCZ OF MZVKM CONTRACTS OR SUKOMMACH SUMECT TO INX EQUAL OPPORMNITY CLAUS AND TRZ IPri M OF REQUB= ARMTS — p vpawd adkontmw -9 hu*y w ift that he ho � IM Dot �.., palddPOW in at p vviOut ounimt or submntract PAJ*d to do sod appoMWI) ciaavw^ as r qukW by Eaoeautive Orden 10925, 11114, or 11246, sad d at he hu s has atN Mad wM tlm MM 1tqor ft Committero, the Diawtor of do Oilttee of f+Wwd ConuM a bidets! Cia►nea sment eantmetins or adminiswiag o8way, or the !breast P:eddsat's C6011*0 an Equal Empk►yment O"Wvalty, all Mob due ►udor the appliC" MIM 8- 05W �raerrts. Title Date: NOTE: The above certification Is required by' do Equal 8mploymmt Opporhmity Unpiladm of the Secretary of Labor (41 CFR 6D.1.7(b)(1)), and most be submitted by bidder sod ploptt a subconit►xim aniy in connection with contracts and subcontracts which am sea Jw to 69 opal oppnraulfty clause. Contracts and suboontraeeo which are subject to the equal al*w mfty dam ar+e set !bolt is 41 CF'1t t10.1.5. (Generally only contracts o= suboonaa m of $10,000 or under an exempt). Curreatlyw Standard Farm 1W (EEO-1) is the only report required by the Exea d a Orders or their itnpiea mdls Mgulataions. Penpbse pone odntra.cwn and subcontracts who have pa rtWpawd in a prcvimas "Coal, t of ltltbar► M'aubja►ct to td►e Executive Orders and lava: eat filed the required togmta aAc W mW 6941 CFR W1.7(bX1) prxvc U the award of conbuts and uuftwuwb unless such aoub many r* db a eepart cwieting the delinquent period of such adler period gxdtiod by the Palatal Hofty Administration or by the Director, Office of Federal Contract Compliance, U.S. D"W meant of tabor. C4 UTILIITY AGRSLMZV'[' DONORAKot MAYOR AND cnv couNcm CITY OF M N'I`INGIM BEACH, CALDORNIA GWtlerrren: The un lwndped tweby promises end apmees that in Of pufamrnO of IM vWk PWW in On CM&Ct, IMM as W4MXR AVLWE • s mrwmx vAmovzKwm MvP40 WM atnplay and utilize only gualifkd parsons, 0 haiineller 'dfb►A , to W** In P0011ft Of argv docu oel axamb y or transmission f a HWA Tire Wo "Oralifiad Paearr• ie i k Tide Is Witbrah Admialstra6v Code, Secriar 2700, *s lollowat "QuAfled PMrean:.A person %*a, fy reawn if qwnewc or lasnMakwit Is jbWfiw %*A tlse operolon to be perl4irtnad OW the hawr& iavWred. " The u Wknipod also promised aad agrees that all arch work dW1 be perta iv in madom with all applicable electrical utility company's requirements, Public Utility Can orders, wA Soft of Grllfomia Cd-USHA requirements. The awned further promises and agrees that this provi"z herein shall be and M bbft upon any who antractor or subcontractors that may be reftined or evnpkgW by Urn WW4AW, WA dart do wWW,*ne+d sha11 take slaps as am a meavy to assize Mg henna by Asy will subontroMe a xWkontrectors with the requirement= aartainod herein. or C.s 0 h ttoC 0Will roI wiM OOVWnn ent I4310 s, dr. gidit atM oormplate, mW rt,pewMW of prrdwy, de lblkmft nWm. Ru tt mildwo awy dam of the ar any mVlOyM of dwMdhr wWkw s i Wery imm is tw SHO!r ter bean d gttslltW, s mvod or odwwho p1uYrAlad i.,.. W.Ma we w ow*bft a FWWWO StW or local gurvwmo ett pPC beano d a viciM m at bw or a oft 60 Yea No If thr: answer it yea, atpWn the cirmumsta m is dre spim pmridbd. MOM IU quelfimnsim constitutes a pat of the Ptrc pgag, and a *Mom patios of an Ft+up m skip aamsdtuto signature of this quwtiannaira. C-6 l �I 0 Cohowimim VOURAPM CMI WTS FIN to SoOdmi 1661 Oft IM LAw Codi4 Wh amm"W w vohm A P"o w4ow hN bey Now *A Op be Mid MO&W ad dmd MW* =Me Wdo AGNMY pOw ID work as ob on m cm I m amm of ft pw*ku d S@Wm 3700 of So lAbw Omb vAkM I I mviover " be bmw tmob" ow wahm Is a a Nowaft m WM, do ' all at dW C*dW, vW I win ON* wo toy I - er pw4*m bdm ummp*a ttheI�pMmrv� of do wak of dds u. , '): 4:., 1l 1iC� �.'4''W5.'!W#.I 4�'W/��+b-�`YNY��- �•�Y�.w„�7�,. �.i?o�••� -�_L.•.;�. r��m-�..... s... _.... ... ..�+. .. .•.. Inn ur4aQpW are p opus to mii* the aONiW 0( the City Of I"YNntl140M Nwh of their ddlity, i!llfa MMY or othaiwIN, Ifs perforol do Qalbla %r this I gl owl work OW impruv4M nts in aoo m%w4 o with the plMs and spdAatio u wt forth. pnnw or Typed signature MAN or NNW ..NOON... Tokplim Number Subs dbed and swom to befog ate this _ day of NOTARY PC BUrC... , NCYCARY SEAL Umed below am the nutm, address and oclephane number for thow publio aped a !br with the bidder has perfor wd similar woes withi>t the past two yam: 1 Name and Adder ! I Name wW Telephone No. of PmJW M*nw. CUM naint Type of won Z. Noble AM Ad6w - 11 �-'- , � 1 C-9 I-Q Q MOL HS i SEC nON E SPECIAL PROVMOM All the Work to be done under this cantmat shall be in accordance with these Special Pmvid ms and the , la" dadwt, inclw ft all ,wpplennrrits, as smitten and promulgated by the Joint Cooperative Committee of the Soudwm Califomia Chgmr of do Anmican public Works Assadation and the Southern Califomia District of Associated General Contractors of California. Copies of the Swidaid Sped iadons we available from the publisher: BJV1 Balld q New 3035 t7Nedw d AMW Los Angeles, Cv10bMIA pit W4 (213) 202-7775 The Standard SpecifkAions sat forth &Wve, referred hereinafter as Standard Speciftadons, wOl CNIM the gonerW provisions, construction materials, and cansbvcdm methoos for this oonUW except as amawled Sy the plans, Sperial Fmvisions, of odw aonh*A documsets. "rise section numbers of these Special provisions coincide with those of the said Swdnrd Spec; ikations. Only those actions requiring amendment, elaboration', or specifying opdans, an called M. P 4RT I GENERAL PROVISIONS SEC ON 1-TERM, IINMONS, ABBREVIATIONS AND SYMD301S 1-3 NS [Add or redefine the following:]. AGW4CY -'fire City of Huntington Birch. tors-d - ne City council 6f the City of Huntington &each. Cakrin + TU Stme of Uifomis Dep utme nt of 7V&nVarWm. Y - 7% County of Orsatge. M%low - Ttie City Engineer of the City of Hundngson Bomb or aw +wdiovWd lip ! a dws. E•1 SECTION 2.SCOFF AND CONTROL OF WORK 2•1 AWARD AM) EXECUTION OF CONTRACT (Replace with the fdkrMa;r). Within 10 working days after the date of the AGENCY'S notice of award, the Conttstctor shall execute mW return all contract documents required by the AGENCY. Failure to comply with the above will result in annulment of the award and forfeltum 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 Agrament is executed by the AGENCY, to furnish evidence of its emporrtta existence, of its right to utter Into contracts in the State of California, and that the officers signing the cmntract and bonds for the corporation have the authority to do so. 2-3 SUBCONTRACTS 3.3.1 General (Replace the last paragraph with the following:). The Contractor shall petlorin or provide, with its own organization, contrast labor, materials, and equipment amounting to at least 50% of the Contract Priori. The contrast labor putorntod or provided by the Contractor shall amount to at least 25% of the total contract labor for; the Contract. Contract labor shall exclude superintendence. Any designated "Specialty Items" naay be performed by subcontract and the amount of any such "Specialty Items" so performed way be deducted from the Contract Price before computing the amount of contract labor, mWeriats, acid equipment required to be performed or provided by the Contra= with its owvu organization. "Specialty Items" will be identified by the AGENCY in Use Did or PrepoW, Where an entire item is subcontracted, the value of cxx but labor, materials, and rquipment subcontracted will be based on the Contract Unit or Lump Sum Price. When a pardon of an item is subcontracted, the value of contract labor, materials, and equipment submtmt7ed will be based on the estimated percentage of the Contract Unit or Lump Sum Price, detumianed from information submitted by the Contractor, subject to aRroval by the. Engineer. Prior to award of the contract, the otherwise qualifying low bidder shall submit a list of an ukontractors intended to perform work on the project. This list shall incluck the name and location of the place of business of each subcontractor who will perform work or labor cc tendw sa Mee to tlx.: prime contractor in or about the construction of the Work or imp vmnent, or a subcontractor licensed by the State of California who, under subcontract to the prisms contractor, specially fabricates and installs a portion of the Work or itnprnmeatneaat according to Mailed drawi fts aoallained in the plans and specifications, in an amount In excess of half of an present of the prime contractors total bid. The prime cantractor shall provide a descriptia by bid it= number or otherwise fully designAte the pardon of Work to be patornaed by each sarbcfntractor. E-2 34 CONMCT BONDS CReplift the second serteaae of tW third paOgthO with the fbllowinal. Ttw 'payment Bwid' (Material and Libor Bond) shalt be for rat less than 100 prat of than Contaact Pries, to ad* claims of aterial suNUen and of mwhw" mrd Worm a WkyW by It on the Work. [Add the failowin`l, The Faithful Ierfarmance Bond shall remain in forces until the dote of rewrdatiou of ttre Notice of Compledon. The Material and Lbor Bond :hall remain in fie a until 35 days Aft the date of n=rdation of the Notice of Completion. In eonfonrwnae with the State of California Government Code, Chapw 13, .riacdoe 4590, the Contractor may substitute securities for any monies withheld by do My to w4waave wWWr do contract. At the request and expanses of the Contractor, securides equinMt to the amotmt withheld IMU be deposited with the AGFMCY, or with a state or fadvally chartered bank as the escrow agent, who shall pay awch monies to the Contractor upon notification by AGENCY of Caommor's satisfactory Completion of the contract. The type of securities deposited and the method of release shall be opproved by the City Attorney's Offloe. 2-5 PLANS AM SPECIFICATIONS 2-211.I General [Add the following:]. The Contractor shall ttwintain a control set of Plans and SpecifleWons on the pxxojeet site at Ism times. AU final locations determined in the field, and any deviations hem the Ytaru; ad Speeiflaationa, shall be marked in red on this Control at to show the as -built oondidws. Upon cornpledw of all Work, the Contractor shall raturn the control set to the Engineer. Final payumt will rat be made until this mquirement is met. Referrnoo in the Spacial Provisions to "State Standard Specifications' shall mean the Shrdard Specifications, latest edition, of the State of California, Department of Transportation. Copies of these spooifications may be obtained from: State of Cdybrnia - Department cf Generd StrWces PUblicarlons fttribWon Unit P.C. BW rots Aboh flt=WPu#, Caltfornia 956M E-3 Rdemw4 In ft SWW ir'lsions to Standard Plans +I WI mom Om Stmk*d Mhm of the `mow of HuntimSton Desch, and where applicable, the following: Obabrd Ptann for Public works Castrudi", pwbi AW by &' Anmiim Mlic Works Association, latest edition. lSbm&rd Plans, published by the Orange County Environnumtsi ?dement Amcy• Ssradard Plans, published by the State Depetnmt of Tratrs"rim), least edition. Applicable Standard plans for this project are cot to inad in Appendix l d Uwa Spacial FroWsion�. E4 $EMON 4-CONTROL OF MATEMAIS 41-1 MATERIALS AND WOKK1MiANSHIP 4-1.1 Geaieral [Add the follov inS:1. 'The Conte and all suboontractors, suppliers, and vetAas, d arll gtsaaraetft dw Uw eentirae "Mork will raeet all requirements of this conts urt as to dw quality of makwiials, equipausat, and wMannal ip. The Contractor, at no cost to the AGENCY, shall make any ap iks at nplaceenrents made accessary by deflects in materials, equipment, or worloryastdrip that ba mn evident within are year after the: date of recordation of the Nodee of C0zp1eti=. , WMA dds are year paxwbd, the Contractor shall also restate to fill: mnplianoe with raphmn ea of this oo pw any pordan of the Worst which is found to awt meet dm mqP1111011 LOW 7% CantrN w dW1 hold due AGENCY harmless from claims of any kind wiming bm daatra doe Io aid ducts or narmmprlianse. 71he Contractor *0 mdoe all rep drs, npiaoataustMs, and restorations within 30 days after fire dais of these Engineer's writtm nodoe. 4.1.4 Tat of Materials [Re0ace the third sentduoe of the first paragraph with fts following.]. Unless attaerwise provided, all testing shall be performed under the dhaaetldon cf dmi fthw 00 the AGENCY wlll bear the cost of initial testing of material and/or worinraantgrip wbleb art; rwuined by the Standard Specifications and the Special Pmvisiont. The cost of all odwr tee, including d a retesting of material or workmanship that fails to pans the first test, atluill be borne: by the Contraclr. 41.6 Tarade Names or Equals (lteplaoa the last two sense m of the feast puagraph with the following:]. Approval of cquipaneni and materials offered as equivalents to those specified rruatst be abdim d U at forth is the Instructions to Bidders. r-s SECTION S-U 5-1 L CAVON [Replace the first sentence of dw last paragraph with the fhilio vinj:). Ines location and existence of any underground utility or subatrtrcture was d ined from a search of available rreweds. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of undeground utilities or substructures of every nature and to ptt them from damage. 'Tote Contractor shall pothole all utilities, including service connections, which have been marloed by the respec-tive owners and which may affect or be affected by the Work. 54 REWCA71ON [Replace the second sentence of the last pu%.- ph with Nee following:). When not otherwise required by the plans and specifications and when directed by the &itineer, the Contracwr ahali arrange for the relocation of service cmittedons, as mdousary, between the meter and property line, or between the meter and limits of canstruedon. S-S DELAYS [Add the following paragraph:]. All notificition to utility companies insofar as the relocation or removal of a utility WWI be Made by'the Engineer based on Contractor's request as submitted to the Engineer at least 49 hotels in advance of the needed work. Any costs for delay of the Contractor of utility m"panies in this rgwd shall be assigned to the Contractor, if these costs are a result of the Contractor's request bdng untirr ly in any respect excepting thereof 'any delay cost incurred as a result of the trdlity company not responding at their agreed time. E •b sECnON 6-PROSECEMON9 ]FROGRUS AND ACCEPTANCE OF THE WORK &I CONSTRUCTION SCHEDULE AND COMMECEMZNT OF WORK EP.eplM Ow first sentence of the first paragraph with the fcllowing:l. The Contrrrctorr's proposod construction schedule shall be submitted to the Ba>Einaer within 10 working days after the date of the AGENCY'S execution of the Contract Agtum at. 7U schedule shall be supported by written statements from each supplier of maoerlals or equfp,mt indicating that all orders have been placed and acknovvierlged0 and setting ko th rhea dtdes that mach item will be delivered, Prior to issuing the Notice to Proceed, the Bngineer rv1U schedule a premsbwtion meeting with the Contractor to review die proposed aonstruckm schedule and delivery dues, amgc utility coordination, discuss awisbucdon methods, mod ciarifj imipactiae procedures. The Contractor shall submit progress reports to die Engineer by the heath tier of etch month. The report shall Ineluds- an updated Congt.wdon Schedule. Any deviNim form the original schedule shall be explained. Progress payments will be widMd pmadiag tweipt of any outstio-Aing reports. 6-7 TV" OF COMPLETION 6-7.1 Geri ml [Add the following:]. The time within'whi6h the Work nnust be completed by the Conductor is fixed at 15 woddng days, stating from and after the date in the Notice to Proceed with the Worst, exclusive of nnaintenaace periods, 6-7.2 Working Day [Add the following:]. 7U 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 ftom these hours will not be pemdtted without the prior consent of the Engineer, except in emergencies involving immediate hazard to parsons or property. In the event of either a requested or emergency de iadon, inspection service fees will be charged against the Contractor. The servile fees wiU be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 MUIDATED DAMAGES [Amend the last sentence of the first paragraph to For each consecutive calendar day In excess of the time apacified, as adjusted in woordance with Snbset'dw 6-6, fQr uompietion of the Work the contnrctor shall Ay to the AGENCY, or have widdwld from monies due it, the sum of $500.00 unless oftwise provWtd in the Specifications. E-7 SECTION 7••RESP'ONSI ELXIIP,S OF THE CONS RAC rOR 74 CONTRACTOR'S EQVIPMRNT AND FACEUTIFS [Add the followinS:j. A noise level limit of 93 dbl at a distance of SO' shall apply to all eonstrwdm equipanant on or related to ft job whether owned by the Contractor or not. This requirement in no way relievss the Contractor from rtsponsibility for complying with local ordinances regulating noise level. The use of excesrrively loud warring signals shall be avoided except in those cases r+equirdd for the protection of personftl. 7.1 LABOT. 7.2.2 aws [Add the following:]. The Contractor, and all subcontractors, suppliers and vendors, owl comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment o0pourtu hies and fair employment practices. Failure to file any r+aport duo under said orders will result in suspension of periodic progress payments. The. Contractoi shall Insure unlimited access to the job site for all equal employment opportunity compliance officers. 7.3 LIA$U.ITY INSURANCE (Add the following:) The Insurance company issuing the Certificates of insurance is re4uired to be duly licensed to transact business in the State of California. 7-5 PERMITS [Delete Subsection in total and substitute •xith the following:). prior to the start of any Work, the Contractor shall tale out the applicable AGENCY, permits end make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. 7be Contractor and ali subcontractors AWI each obtain an AGENCY business license, and, shall be licensed in accordance with State Business and Professions Coda. The Contrast 0411 Also obtain any and all other permits, licenses, inspections, vcrtificttt' of authorizations required by any governing body or entity. 7-9 PROT]ECTIGN AND RESTORATION OF F.XIS't`ING IMPROVEMENTS (Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all a:tisdnz impr veme nts within the prg*t limits which are not designated for removal (e.g., curbs, siidewalks, drivew►arys, I s, wags, sprinkler systems, signs, utility installations, pavements, structures, Co.) which are d+rrtraged or removed as a result of his operations or as required by the Plans and Spwifsprtions. E-8 What eadWq traffic striping, pavement aklap wnd cwb markings are dunned at f!wk rMf1wdvity rndls W by the Contwor's alrmdons, arch striping at ma ddW shall also be considered as aasdng improves mts and the CantracW shall repaint or repinx Bch isrrprav� =nts. Relocations, rnpain, replaesssma is or tentablishmea a dull be at last egwl to the acistieg itrtpe+syvetnsnts wW shall match ach imprsyventants in finish and dimensions unless odwwise specified. (Dslstet the last paradrapb and substitute the Mowing:]. All eft to the Contractor for FOU Cting, trs;movint, rea0urirtg, mk=ftt repairiad, rn0rls4810, or rec ablishing a Wft improvements shall be included in the bid in other iWu of war wh= attt WIW spod1w. 7.10 MRUC CONVENIENCE AND SAFETY 7.10.1 'Iht and Acres; [Add the following:l. All ttaffie control shag be in acear am* with the latest edition of the fa awing docva�attation; CatInM - MANOW of Ttrtt- c e t�ao.IlkHl too, . Old ttrm AY's Mdd= rrdft CM9MLMI=d. r a CoWr=W dWI provide bs:le*M nui►tba at which the Ceettrsctor's rep sseetatives an be reached, at any hour, should an enwgaray =W retquiring re planenunt or relocation of the regWn d Mdit control devices. Mor to the start of oCned wUon operation,, the Contractor shall notify the Rtlitue and Pine ldqrtt W of On AGENCY, riving the approximate starting dote, complalon date, ad tM nuft and wkpinane, number of amponsible palms who nay be canwed at my hour in rho r4mt of a cridcal aaMw requiring immodiate comsction. MOM Stmet Ckwree, Detours,, 8s*rrkador [Add the Mowing:]. Street clatures will nest ba allowed except as specifically permitsod by the Engitwer. The. Contram may be mquirad to prepare additional traflk oantrol or debar plans if dolarndnW eeeeseaq by the Enginftr. ConatruWon 1i C Control Plans shall be ptepaed'in aanrdAnce with the AGENCY's latest Traffic Control Plan Prepustim Guidelines. Pun ran-P m—don star such work ftU be aansida W asR included in the prba bid for after Mai flans of want. No additional compenatkm will to alk►wod dwnfat. r 7.10-d P: oteelion of the Public [Delete Subsection in toW and substitute with the following;]. it is part of the aervice required of the Contractor to make whatever provisions an NOW" io protect the public. 'floe Contractor shall use foresight and shall take such saps and precautions as his operations warrant to protect the public from danger, km of Ufa or Im of prroperty, which would result from interruption or conowaii don of public waerr supply, inierruptiant of other public service, or fj um the failure of partly completed work or panially removed fiiciUties. Unusual conditions may arisn on the Work which will requim that immediate and unusual provisions be made to protect the public from danger or loss, or damage tv life and property, dur directly or indirectly to prosecution of Wort under ►his cwbW. Whenever, in the opinion of the Engineer, an emergency exists against which the, "Dntraclot hu not taken sufficient precaution for the public safety, protection of utilities and .woeeation of i4scent shuctures or property, which may be damaged by the Contractor's .operations and when, in the opinion of the Engineer, immediate action shall be eonsidawl t� ih order. to protect the public or property due to the Contractor's operations under this contract, the ftneer will order the Contractor to provide a neinedy for the unsafe= condition. If the Conbutor fails to act on the situation within a reasonable dun period, -the Engineer may provide suitable. 'protection to said interests by causing such Work to be dome and material to be furnished as, in the minion of the Engineer, may seem reasonable and neoeaaary. The, cast and expense of sa;d labor and material, together with the oast and export of such repairs as arc doemed necessary, shall be borne by the Contractor. AEI expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment clue to the Contractor. However, if the AGENCY does not talon such remedial measures, the Contractor is not relieved of the full responsibility for public safety. E-10 ' s 1 SECTION &FACYlriM FAR AGENCY PEItSONh1EC. 11-1 GVlk'itAL (Add the: following:]. No tleid ollica fat AGENCY perumnal "I be rquimd, haws -fa, fire AGENCY peltpo I elMiq have the right to entar upon the project at all dma and d" be admitted to the offim of to *ntmcw, u my drne duAnh the operation of the Work. &ll Ll SEtC ON 9-MFASURF2AENT AND PAYMEW 0-3 PAYMENT 9-3.1 General [Wete the last paragraph tu►d substitute with the follcr ling:j. the expir+Ation of 35 days from the filing and rocordial of the Notice of Compk6on of the. rrk, the amount deducted from the final estir.-Ate and retained by the AGENCY will be paid she Contractor except such amounts as requt, id to be withhold by properly executed and filed ea payment, or as may be authorized b; .-.e contract. 9-3.2 Partial do Herat Payment (Amend the .first sentence of the first psutraph to raadj. Tl* closure die for the puipose of making partial progress payments will be the last day";oti ach Month. The Contractor mny request, !n writing, that such monthly closure' date be ehsrii 0. The Engineer may approve such request w; en it is compatible with the AGENCY'S psymmt procedure. Each inonth, the Contractor steal! meet with the Engineer, a rrinitnum of throe working days prior to the submittal of the progress payment to the AGENCY, to finalize and raWw; approval regarding the measurement of the Work performed thrash the closure date and !.`t it%Wmaied valut of the progress pr:yment based on the contract Unit Prices or as provided foe in Suction 9-2. Any progress payment .submitted without such approval will be considered incumplele and returned to the Contractor and no payment shall be con�-ider+od until such approval is obtained. (Add the following to the end of the secdow). ltyinents will be withheld pending receipt of any outstanding reports required by they coetrstta documents. In addition, the final progress payment will rwt be releaW until th3 Corztra�,�ooer returns the control set of specifications and plans indicating the as -built conditions. E-12 PART 2 CONSTRUCTION MATERIALS SECMON 201-CONCRETE9 MORTAR AND RELATED MATERIALS 201-1 ]POIR LARD CEMENT CONCRETE 20-1.2 Materials. 20:4.2.4 Admixtures [Delete Subsection in total and replace with *a fal]owinS:]. Ackiixtures wi!l not be permitted. 201-1.2.5 Fly AA [Delete SOsection in total and replace with the follrnvint:]. Fly Ash will not be permitted. E-13 DART 3 CONSTRUCTION METHODS SECTION 360-EARTHWORK 300.3 UNCLASSIFIED EXCAVATION J400-2.1 C~ral [Add the following:]. Unclassified excavation shall include; excavating, removing, hauling and dig?oW of all material including asphalt concrete pavement to the subgrade eievatiaais indicated on the plant as required t.) constriw-t the new roadway improvements. Removal of asphalt concrete, aggregate base, miwellaneous concrete, and native KU shall be made at the locations shown on the plans, or as specified in the field by the Enginerr. 5ubgratde shall be c ornpacted to 90% relative compecdon, 7be areas oral quantities shown on the plans am given only for the Contractor's aid in planning the Work arWer preparing bids. 7be Engineer shall designate the limit3 to be removed and d* n de igiumd areas shall be considered to take precedont over the arras shown an the plant. No guamwe is mwc that areas or quantities shown will equal the arm or quantities designated by the Engineer. Ma cost of unclassified excavation shall be included in the Contract Unit Price bid for othar items of work. No asdcitional compensation will be aUowed therefor. SECTION 303-CONC 7, AND MASONRY CONS MUC710N 303-5 CONCRETE CURBS, WALKS, GUTTIM, CROSS GU'Y"Y'6.RS, ALLEY IPPI ERSECTIONS, ACCESS RAMPS, AND DRIVEWAY 3034.9 Meas arement and Paymot (Add the following j. Payment tot aaxwzft curb, gutter and sidewalk shall be per contract bid unit price which atW1 hWude hall cwip&nsat km for furnishing all materials, awls, equipment and incidentals. Said price shall also include any required saw cutting, along with ramvol and disposal of axiatLng curb, garner and sidewalk. E•14 • APPENDIX I FROJECT VICINITY MAP and GE11".AL CONSMUM., TON PLAN - - re --rat ,•n . •• � 111 iii •r r�•� 1� y/y _.; 1',y141aY�r �rl�i i IlWarbtuL._ ' i ce-n�%L_ T4 yw� �+'JAI t ,� I!�• i � « 'r 6+ ,°���yy�� r "°( ����� W �u a 1. , r •, , � � y ���. �I+Yri MM � � J C 55 1F1'1 , it Y'•• - A IDS �y� ad.l..,t���' jA � "1• 15 rt t � 1,� J � .�,A,. *�.� �'It� r � �`.b.'k : r "'I'� ' yip �, �., 1� i ,. 1 I � ,w'f • h t R . �:� J w Y e • R � + ,i 4 oy. 'r Y•: `�a ��n •S J 1 �•''' W�'�:r►i'� ale •. i,l � � ` � { Jl. "'w ., ,.. C'oA46 dTf UC d f dmyox eudocrv✓A4o4 c�e-.� .•Vacs GW/&? =Vr. (, • '�• � � ' � Coanrr�W crb� s:�%4Gc ��'�Tirc J977A/6 A4,4160 . StiCdF'19' hr'1 `� C.i/�f'r15: �/L'�.�+Y/yS?EE.sd• i/�'vGTSr T ; J � z =�- WARNER o • j i N l y ;.- .l onION I AVE. 5 Clr APPENDIX II STANDAM PLAN MEX MY OF HUNTINGTON REACH 5Tl.NDAR D PLAN No. Sidewalk Ratum 207 Wheel Chair Ramp 212E f � � VAR: r. 19 C�6AMFEiZE� IX 21 1�1' ' cumnw_ i Lu auovrr•+F DETAIL REFER TO GENERAL. NOTES STD. PLAN .100. 0, WEAKENED PLANE OR, QU I CK JOI NT AT IGr MAX. 0. C a GROUT BETWEEN SIDCWALK AND BLOCKWALL WHERE APPLICABLE. 0 to of TO R BE DETERMINED BY SUBTRACTING THE LESSER "P" FROM ir Zrr REFER TO STD. PLAN ZIP FOR DETAILS OF WHEELCHAIR RAMPS cD SIDEVSLK RETUN I Y OF HUNTINGTON BEACH APPROW 01ka" CALIFOOM Volo" offa = 12 0 / •' 1. CUR8 TO 3c REMOVED AND GUpTTpE�R� TOy� REMAIN IN PLACE. AND REPLACED AT OPTION OF OTIYIF.Nt NEER.� RQAUVEO Wl WKEN kWAC£ WITH CONCRETE BONDER. � Pell T ow MW L M� h. 6 • 7 • • • 3. ONSTATESSTATTE HIGHWAY, USE STATE OF CALIF. STD. �PLAN •�U A IRECTEO IEXjpNG Af�11' XIST SIpEWEAtK THAT Df (1N►Lti4t+ E. REMOVED L1+I,IRING CO TRIKTION SHALL OE FWJILACEO WITH A• THICK OONCRETE. S. R&WS WCATEC gm,,R TvAN sowm oN A �• V2 4AD,kA OR I/1 A STD. R.AQQN 211r2�A • A C PIALL BE I IC iSDliK5G1AEC ,iiACK OF LK S. KnAl 70 dTY Of MUN- TIMGTD+M. HACH STC. � l mail r IKE MOTE 4 mom twp-) I- rsH. USE 01 PLX PATYEFIN.— TVfICAL. SACK CF WALK -, 1109VOLc 'A' . curt Awc ..r f.ISMO fjRApE m � I3 � 1r10E DfA W 19, M LW GI OMPES 4! F?f KPdATELY 3-n =,i11fooup. AM '-0"-. LANDING VARIABLE, :w IDTH TOPO► EXIST.SlUrWALK (EXIST•SIDEN LK 1 MIN. SEd NOTE 1,1lk 4. JAIL TYP"11L)PEI M JEVATIQN �17 sd O•C�a UR I I e I i"�+ IIAM� I" im � I' .. I i SCORE L ...R�-�•r•-,^' .•.• '�.�. "'. .- •MbX E . IF IOEWALK MDT'M JS 55 714A N 6 = 4 � INC• 'TM FULL W(DTN of �N W.E.WALA • V i I.ANIIN6• far. e• G) N IDE CURD Al BACK OFA S AL BE DEPRESSiEO T yyM� ACYtti;Kf T. UN A TT/A AY MAXIMUM i ( 2.' F TION ,a,.. A Am ONLY .Wwmgmy or Pulug,WOKE CITY OF MIWT'I NOTON WAC14 Apc 0 V./2