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HomeMy WebLinkAboutLEE'S CONSTRUCTION - 1999-09-20r Route to: $ Amt. Owed: �ll Accounts Receivable tj D 1 Business License NFL Water Billing Vault From: Shari L. Freidenrich Date: 7 RE: Bankruptcy/Retention ❑ Write-off Account ❑ Provide back-up support for unpaid balance ❑ Review for open balance Comments: 6s42- sue..,. TfAr\c,Sco G:':denine\rtebnkrp '�el�c ��c CA ' "Z0 HUNTINGTON BEACH TO: FROM: SUBJECT: DATE: City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records 10% RETENTION PAYMENT cc Wes_ ---o I L-V I 3-9ro© a �� 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. OAN T. LLELLA, Director of Finance I certify that no stop notices are on file on the subject at this time. -9 Date: g a3 " ROBERT F. BEARDSLEY, Public Works Director I no top notice are on file on the subject contract and that a uaranty bon has Date: �d 0 CONNIE BROCKWAY, City CI I certify that there are no outstanding invoices on file. Date: 1 EIDENRICH, City Treasurer 10% Retention Payment 06/08/99 12:54 PM I� CONFORMED CO-Y Not Compared with C .at Recorded in the County of Orange, California WHEN RECORDED MAIL TO: Gar L Granville, Clerk/Recorder CITY OF HUNTINGTON BEACH IIIIIIII�IINIIIH�IIIIaIII No Fee Office of the City Clerk 28600083739 4 , 20PM 02/ 15/00 P. O. Box 190 Huntington Beach, CA 92648 004 001003 110 04 000 01 0 0..000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ) NOTICE ODoc Types: 015 GAR_.- 3 '� NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 200fi-v in Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Lee's Construction who was the company thereon for doing the following work to -wit: WSC-014 — Water Meter Box Replacement Project That said work was completed February 7, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 7, 2000. That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should -be recorded free of charge. Dated at Huntington Beach, California, this 10`h day of February, 2000. ZGP City Jerk and ex -off icio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this le day of January, 2000. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 nc110civcu - DEPT. OF PUBLIC WORKS F E B 15 2000 CITY OF HUNTINGTON BEAL,i MEETI(&T&X7/00 DEPARTMENT ID NUMBER: PW-00-013 WI IIS1?'1NGMN BEACH, CA CounciVAgency Meeting Held: a�- 7- 0 Deferred/Continued to: fl Approyed ❑ Conditionally Approved ❑ Denied -U / r)A-Af _ Council Meeting Date: 2/7/00 Lam' 600. 7 d & dZ- W� fl� � ,0ao • City Clerk's Signature Department ID Number. PW 00-013 _- CITY OF HUNTINGTON BEACH It :-- n-._ REQUEST FOR COUNCIL ACTION ED SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator v PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Wol{ �P--� SUBJECT: Accept the Water Meter Box Replacement Project WSC-014, and File a Notice of Completion Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Lee's Construction has completed its contract for the Water Meter Box Replacement Project, WSC-014. Funding Source: Sufficient water funds in Account E-EW-PW-924-6-59-00 were authorized for this project. Recommended Action: Motion to: I. Accept the Water Meter Box Replacement Project WSC-014 at a final cost of $25,779.76, and authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office. Altemative Action(s): None. Analysis: On September 20, 1999, the City Council awarded a contract to Lee's Construction in the amount of $23,950 for the Water Meter Box Replacement Project. The adopted budget also included $6,050 for supplemental expenses for a total of $30,000. The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk to file the Notice of Completion. Water Meter Box RCA -2- 01/26/00 2:25 PM V CITY OF HUNTINGTON BEACH ACCOUNTS PAYABLE DEMAND INVOICE VENDOR NAME VENDOR NUMBER I_1_I_IJ_IJ_I_IJ (IF KNOWN PURCHASE ORDER # I_LI_I_I_I_I (IF APPLICABLE) ASSIGNED INVOICE# II_SELI11I1 I4I�I�i I_I DATE REQUEST SENT DATE CHECK Ill - L1� I°_I-1 DESIRED ACCOUNT NUMBER 1-1 - LLI - LI_1- L_LI - IJ - LL - LIJ Ll - Ll_I - LI_I - LI_I_I - Ll - LLI - I_I_I Ll - LIJ - 1-1-1 - Ll_IJ - Ll - L1_I - LIJ 1-1 - LLI - L{J - LI_I_1- Ll - LI_I - 1_1_I Ll - LI_I - LLI - LLJ - Ll - I_LJ - LJ LI- LJJ- LIJ- LLLI- LJ- LLl-LJ LJ - 1-JJ - L1J - Ll-J_I - Ll - LJJ - LI_1 TOTAL $LI_i • LI_I_I • I-LLI • LI_I $LI_I • LLIJ • I_I-LI • LLl $LLJ• LLI_I• LL_I • LIJ $LLI. LLIJ. LI I I • LLI . t3:�Y1QJYt�� �hiUt :)t,•3:• I�.�:u'.7Y[�� 1 tlly$3;•3�1 i.•n� •plHl�_ St;�:�_� •¢t3� • - ------ a -a tyjjUUZ AIIASWAmwest C: k ;.; v `OF MAINTENdWARB-ONE) 2: 40 KNOW ALL MEN BY THESE PRESENTS, That we, BOND NO: 105001318 PREMIUM: 5300.00 Pramltan chargod an 12 month bxia at suretya curmfit raga. Lee, Jong H. (hereinafter called Principal, as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nebraska and authorized to transact a general surety business in the State of California , (hereinafter called Surety), as Surety, are held and firmly bound unto _City of kiuntinQton Beach Twenty five thousand eight hundred (hereinafter called Obligee), in the sum of sixty three And 00 /100 DOLLARS($ 25,863.00 ), lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a contract with the said Obligee, dated September 14, 1999 for Replace water meter box and,. WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on February 7, 2000 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy without cost to the Obligee,any defects which may develop during a period of t w e I v e ( 12 ) months from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workManship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED AND DATED THIS DAY OF March 17th, 2000 APPR07"ED AS TO FOR11: GATL HUT "ON,; City Attorney By:: Deputy City Attorney Lee. Jong R. Prindpal N BY Z� sivnr_re MDVE SI�R)CTY C COMPANY L�n Eastwood, Attorney -in -Signature Fact BF-A3014 (3/95) LIMITIFD POWER OF ATr'7RNEY A►►.west Suretv Insurance Companv Power Expires: 02/02/02 Bond No.: 10.1) O 0 13 18 Bond Issue Date: O 3 / 1 ZLQO POWER NUMBER 0001103788 This document is printed on white paper containing the artificial watermarked logo of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (619) 233-5893 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: James Legaux Len Eastwood As Employees of Tricore Insurance Services its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations as follows: Bid Bonds up to $1,000,000.00 Contract, Court & Subdivision Bonds up to $2,500,000.00 License and Permit Bonds up to $50,000.00 Miscellaneous Bonds Up To $50,000.00 Small Business Admistration Bonds up to $250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attomey, and that the relevant provisions of the By -Laws of each company, are now in full force and effect. Karen G. Cohen, Secretary **************It RESOLUTIONS OF THE BOARD OF DIRECTORS ********************** * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 17t° day of January, 2000. John E. Savage, Presidefit Karen G. Cohen, Secretary State of California County of Los Angeles On January 17, 2000 before me, JoAnne Anderson Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an official seal. 01 JOANNE E. ANDERFN rA '�`,�Cr456 ��P g9q�j.�'• Signature (Seal) V, NOTARY PURIC-CAINSU � CALIFORNIA =, Q;%G �'•: r ; los Anpdu County .a «=r M Comm a A . 21.2002 DEC.14, i_ to to `•. 2 Q- ''' - - 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to TIM Jeffrey Hughes (ext. 6260) (Name) after signing/dating ICf�6� (Date) e CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION La TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy ©©City Treasurer FROM: '�" i �s Iisc1- G�F1�c. DATE: ti i 00 SUBJECT: Bond Acceptance I have received the bonds for � s CuNS�CV,�c O N N b (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. W. WC -- ON Tract No. CC No. MSC No. Approved 01 - -to — (11 (Council Approval Date) 105 0013 IS Agenda Item No. City Clerk Vault No. F-1 t.i I g1jah/bondletter.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 16, 2000 Lee's Construction 6542 San Francisco Drive Buena Park, California 90620 CALIFORNIA 92648 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:jc Enclosure: Declaration of Satisfaction Certificate of Compliance g:followup\cashcon 1 Telephone: 714-536-5227 ) Feb 22 00 09:38a --..aldson Mobile -Mix Conc � _ 4] 572-1977 P. FROM : LES' S CONSTRUCTION PH(YE NO. : 714 761 3775 P01 RELFASF. OF STOP NOTICE To: Public Works Department City of Huntington Deach Attn: Rick Olson 19001 Huntington Street, P. 0. Box 190 Huntington Beach, CA 92648 You are hereby notified that the undersigned claimant releases that cei rain Stop Notice dated January , 2000, in the amount of S3,370.24aSainst Public Works Department City of Huntington Beach, 19001 Huntington Street, Huntington Beach, CA 92648 and Lee's Construction, 6542 San Francisco Drivc Buena Park, CA 90620 as prime contractor in connection with the work of improvement know as: Water Meter Box Replacement Project, WSC-014, various locations, Huntington Beach, CA in the C'ounly of Orange, State of California. Dated: Z 2 tRi Name of Claimant: Donaldson Mob -Mix C ncrete Co., Inc. By: I, the undersigned, say. I am the Authorized 1l6ent of the claimant of the foregoing Release of'Stop Notice., I have read said Re!case of Stop Notice and know the contents thereof: the same is true of my uwn knowledge I declare tinder penalty of perjury that th foregoingg is ti ue and correct Executed on Z� , at�r� ._ California. By �tf,.{ K.-r�l�"� r DONALDSON 1081LE-112 CONCRETE CQAIPAUX ilk. VMS: A300, 417 S. Aumisted ft BM,CA 92821-5801 DECLARATION OF SATISFACTION OF CLAIMS I, `moo `i-h C r_' f , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled W66 r ?v f �e v 4L e-n f f 42 Ye� 41SC o �I,- and dated Z - Z/—oo 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") fc(o N C— I declare under penalty of perjury that the foregoing is true and correct. Z 600 Executed at ti &-Kcz on this Z z day of y Ka , 4494. �.�. (Signature -- (Signature of Contractor) g:followup\cashcon2 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on c lr , tvs-r-- o Project No. hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. -4- L l LU ✓ Signature and Title g:followup\cashconl Recorded in the Coun if Orange, California Gary L Granville, C1erK/Recorder llllilllllllllillllliliillllll l No Fee WHEN RECORDED MAIL, TO: 20000083739 4 : 20PM 02/5/00 CITY OF HUNTINGTON BEACH 004 00103013 118 04 Office of the City Clerk 015 01 0 0.00 0.00 0.00 0.00 0.00 0.00 P. O. Box 190 0.00 0.00 Huntington Beach, CA 92648 Doc Types: 015 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Lee's Construction who was the company thereon for doing the following work to -wit: WSC-014 — Water Meter Box Replacement Project That said work was completed February 7, 2000 by said company according to plans and specifications and } to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by j the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 7, 2000. That upon said contract Amwest Surety Insurance Company was surety for the bond given by the saidM company as required by law. This document is solely for the official business of the City of Huntington J Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this loth day of February, 2000. 'T City Jerk and ex-offClerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this loth day of January, 2000. &10�/7 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTI'INGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 16, 2000 Lee's Construction 6542 San Francisco Drive Buena Park, California 90620 CALIFORNIA 92648 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, 4r Connie Brockway, CMC City Clerk CB:jc Enclosure: Declaration of Satisfaction Certificate of Compliance g:followup\cuhcon (Telephone: 714-536.5227 ) 0, 1& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 10, 2000 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, ,! .0," Connie Brockway City Clerk CB/jc Enclosure: WSC-014 — Lee's Construction —Water Meter Box Replacement Project 1 Telephone: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Lee's Construction who was the company thereon for doing the following work to -wit: WSC-014 — Water Meter Box Replacement Project That said work was completed February 7, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 7, 2000. That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 10'h day of February, 2000. ZL� City Jerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 10`h day of January, 2000. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 a i/r , CITY OF HUNTINGTON BEAR `. MEETING DATE: 2/7/00 DEPARTMENT ID NUMBER: PW-00-013 Council/Agency Meeting Held: al- %- O D L IF Deferred/Continued to: ' _ oe- . City Clerk's Signature M Appro ed ❑ Conditionally Approved O Denied 4-19 Council Meeting Date: 2/7/00 Department ID Number. PW-0"13 CITY OF HUNTINGTON BEACH y REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator ,, - ' - PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Wor SUBJECT: Accept the Water Meter Box Replacement Project WSC-014, and File a Notice of Completion Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Lee's Construction has completed its contract for the Water Meter Box Replacement Project, WSC-014. Funding Source: Sufficient water funds in Account E-EW-PW-924-6-59-00 were authorized for this project. Recommended Action: Motion to: 1. Accept the Water Meter Box Replacement Project WSC-014 at a final cost of $25,779.76, and authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office. Alternative Action(s): None. Analysis: On September 20, 1999, the City Council awarded a contract to Lee's Construction in the amount of $23,950 for the Water Meter Box Replacement Project. The adopted budget also included $6,050 for supplemental expenses for a total of $30,000. The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk to file the Notice of Completion. Water Meter Box RCA -2- 01/26/00 2:25 PM ,,I REQUEST FOR COUNCIL AC1 ION MEETING DATE: 2/7/00 DEPARTMENT ID NUMBER:PW-00-013 The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract amount: $23,950 $23,950 2. Change orders: 0 $1,830 Project Construction Costs: $23,950 $25,780 3. Supplemental Expenses: $6,050 0 Total: $30,000 $25,780 Public Works Commission Review: Not required. Environmental Status: Not applicable. RCA Author: Rick Olson:jm, phone extension 5453. 37120 Water Meter Box RCA -3- 01/26/00 2:25 PM PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: July 22, 1999 July 29, 1999 August 5, 1999 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 9, 199s at Costa Mesa, California. Signature provisions of the California SECTION A NOTICE INVITING Government Code, Section SEALED BIDS 4590. The Contractor shall for the be beneficial owner of the WATER METER BOX surety and shall receive any interest thereon. REPLACEMENT The AGENCY hereby PROJECT at affirmatively ensures that VARIOUS minority business LOCATIONS enterprises will be afforded THROUGHOUT THE full opportunity to submit CITY OF no- bids in response to this no- HUNTINGTON BEACH tice and will not be dis- ted against on the WATER SERVICES basis basis of race, color, na- CONTRACT No. tional origin, ancestry, sex, WSC-014 or religion in any con - in the CITY,OF sideration leading to the HUNTINGTON BEACH award of contract. PUBLIC NOTICE IS No bid shall be con - sidered unless it is HEREBY GIVEN that the CITY OF HUNTINGTON prepared on the approved BEACH, as AGENCY, irr- vited sealed bids for the Proposal forms in con formance with the Instruc- above stated project and i" tions to Bidders. will receive such bids in the The bid must be accom- pained by a certified check, office of the City Clerk, Second Floor, 2000 Main cashier's check, or bidder's — — bond made payable to the Street, Huntington Beach, AG"ENGY fora, amount no less" than 10% of the Californiaeet,H 92648, up to the hour of 2:D0 p.m. on Au- amount bid. The suc- gust 10, 1999. Bids will be cessful bidder shall be licensed in accordance publiclyopened in the Council Chambers unless with provisions of the Busi- otherwise posted. Copies of the Contract Hess and Professions Code and shall possess a Documents, Specifications ' State Contractor a License at the time of the bid and Standard Drawinggs are available from the Of- .Class opening. The successful Contractor fice of the Director of Public and his'subcon- tractors will be required to Works, 2000 Main Street, Huntington Beach, CA ossess business licenses 92648, upon payment of a iOm the AGENCY. The AGENCY reserves $5.00 nonrefundable fee if picked up, or payment of a the right to reject any or all $15.00 nonrefundable f_ee! bids, - to waive any v- 1 if mailed. Any contract entered into regularity and to take all bids under advisement for pursuant to this notice will a maximum period of 60 i incorporate the provisions of the State Labor Code. da ORDER of the CITY Pursuant to the provisions COUNCIL of the CITY OF of the Labor Code of the HUNTINGTON BEACH, State of California, the min- CALIFORNIA, the 6th day imum prevailing rate of per "craft, of July 1999, diem wages for each Attest: classification or type of Connie Brockway, workman needed to -ex- CITY CLERK OF THE ecute the contract shall be CITY'OF those determined by the HUNTINGTON BEACH Director of Industrial Rela- tions, ofthe:state of Califor published Huntington Beach -Fountain Valley nia, which ara on file -at the Independent July 22, 29, Office of..toe,, Director of Public "Woiks2000 Main August 6, 1999 Street, Huntington Beach, 074-187 CA 92,648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may, substitute escrow holder surety of ,an ,equal Value to the retention inaccordance with the PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: July 22, 1999 July 29, 1999 August 5, 1999 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on Aug 1S . 5, 1992_ at Costa Mesa, California. Signature SECTION A provisions of the California NOTICE INVITING Government Code, Section SEALED BIDS 4590. The Contractor shall for the be beneficial owner of the WATER METER BOX surety and shall receive REPLACEMENT any interest thereon. The AGENCY hereby PROJECT at affirmatively ensures that VARIOUS minority business LOCATIONS enterprises will be afforded THROUGHOUT THE full opportunity to submit CITY OF bids in response to this no-' HUNTINGTON BEACH tice and will not be dis- WATER SERVICES criminated against on the, basis ri race, color, na- CONTRACT No. tional origin, ancestry, sex,; WSC-014 or religion in any con-, in the CITY OF sideration leading to the HUNTINGTON BEACH' award of contract. PUBLIC NOTICE IS No bid shall be con - HEREBY GIVEN that the sidered unless it isi prepared on the approved CITY OF HUNTINGTON BEACH, as AGENCY, in- Proposal forms in con-'. vited sealed bids for the formance with the Instruc-, above stated project and tions to Bidders. will receive such bids in the The bid must be accom- office of the City Clerk, panied by a certified check, Second Floor, 2000 Main cashier's check, or bidder's - — bond made payable to the Street, Huntington Beach, AGENCY for an amount no less than 10 % of the California 92648, up to the hour of 2:00 p.m. on Au• amount bid. The suc- gust 10, 1999. Bids will be cessful bidder shall be licensed in accordance publicly opened in the Council Chambers unless with provisions of the s otherwise posted. Hess and Professions Code and shall possess a Copies of the Contract Documents, Specifications D State Contractor's License and Standard Drawings Class at the time of the bid are available from the Of- opening. The successful Contractor and his subcon- fice of the Director of Publici tractors will be required to Works, 2000 Main Street, Huntington Beach, CAS lessthe 92648, upon payment of a� fpro AGENCYIicenses The AGENCY reserves $5.00 nonrefundable fee if picked up, or payment of a the right to reject any or all . $15.00 nonrefundable fee if mailed. Any contract entered into. pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the min- imum prevailing rate of per diem wages for each craft, classification or type of workman needed to ex- ecute the contract shall be those determined by the Director of Industrial Rela- tions of the State of Califor- nia, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. - The AGENCY will deduct a 10 % retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the bids, to waive any ir- regularity and to take all bids under advisement for.' a maximum period of 60', days. BY.ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of July 1999. Attest: Connie Brockway, CITY CLERK OF THE CITY OF HUNTINGTON BEACH ' Published Huntington Beach -Fountain Valley Independent July 22, 29, August 5, 1999 074-187 40 7/z SECTION A �S NOTICE INVITING SEALED BIDS r for the WATER METER BOX REPLACEMENT PROJECT at Fx-�r alarm 7 f l 3�4 VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-014 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on August 10, 1999. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Contract Documents, Specifications and Standard Drawings are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $5.00 nonrefundable fee if picked up, or payment of a $15.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 t No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Busihess and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of July 1999. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 I --1 CITY CLERK CITY OF HUNTINGTON BEACH. CA lq" AUG 10 P I- 5q IGLERK Cl-ly OF IjUjiTINGTON BEACH. CA llqq kuG 10 p 2- 00 R - IcL 4"r- 1D CITY CLERK CITY OF HUNTINGTON BEACH, CA AM AUG 10 P 2: 01 Two (2) Copies to Front Desk WATER METER REPLACEMENT AT VARIOUS LOCATIONS W YISC--014 August 10,1999, at 2:00 PM Engineer's Estimate: $25,000 BID LIST BIDDER'SN"E RANK TOTAL BTD"OUJNT 1. Atlas Underground $ 2. B. A. Construction $ . OD 3. BnB Engineering $ ,541 3, 60 4. Pacific Construction Company $ ��e s Cznr-/ rucf ore $ 0,3j 9E4 . DO $ $ $ $ $ $ $ $ Page one of one BidList i, CITY OF .HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: rJL' / ),b-e ' /-Z/l / 9 ? 9 TO: 4P ,0 �N me o �5�2 eS•� �ppi'rartc i � c.o !�Y City, State, Zip See Attached Action Agenda Item ATTENTION: �JD%7&J'00 ! �— DEPARTMENT: REGARDING: h/SC 0l7 l.)a %%� - 1!r IlP ,3Qx le,l,ILC el. P/171/Dro f Q e Z - Date of Approval ,Z D Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds v-' Insurance RCA Deed Other _ CC: JDA11� Na k" d�cs0A/ Depart ent Lc)a fe e.6ok,/ RCA ✓ Agreement i Insurance 6-11 Other Name Department RCA Agreement Insurance Other Name Department Nap. >i%Department ndoz� Risk Management Dept. RCA Agreement Insurance Other RCA Agreement Insurances Other Insur✓an/ce QFollowup/coverltr Received by Name - Company Name - Date (Telephone: 714536-5227 ) M CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOHN LEE FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 AND SPECIFICATIONS 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 16 32. ENTIRETY 16 g/agree/meterbox/8/26/99/jf CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOHN LEE FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT, made and entered into this cA9 �! day of 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and JOHN LEE, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the installation of meter box replacements at various locations in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this AGREEMENT, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 1 g/agree/meterbox/8/26/99/jf However, the total compensation to be paid is to be computed on the basis of the units of work as they are actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK,• PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this AGREEMENT and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this AGREEMENT based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this AGREEMENT by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this AGREEMENT. "Contract Documents" as defined herein mean and include: A. This AGREEMENT; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 g/agree/meterbox/9/1 /99fjf E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "All); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this AGREEMENT and the bid or proposal of CONTRACTOR, then this AGREEMENT shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this AGREEMENT, subject to any additions or deductions made under the provisions of this AGREEMENT or the Contract Documents, a sum not to exceed Twenty Three Thousand Nine Hundred Fifty Dollars ($23,950), as set forth in the Contract Documents, to be paid as provided in this AGREEMENT. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute the PROJECT to completion within thirty (30) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this AGREEMENT. g/agree/meterbox/9/3/99/jf TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this AGREEMENT and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this AGREEMENT. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the 4 g/agree/meterbox/8/26/99/jf changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. CONTRACTOR shall, prior to entering upon the performance of this AGREEMENT, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this AGREEMENT including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. g/agree/meterbox/8/26/99/jf 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. 6 g/agree/meterbox/8/26/99/jf CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the AGREEMENT), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this AGREEMENT to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of - (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this AGREEMENT or the Contract Documents; or 7 g/agree/meterbox/8/26/99/jf (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this AGREEMENT. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this AGREEMENT, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the AGREEMENT modified in writing accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this AGREEMENT. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 8 g/agree/meterbox/8/26/99/jf 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this AGREEMENT. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this AGREEMENT, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons 9 g/agree/mete rbox/8/26/99/jf employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including but not limited to concurrent active or passive negligence, those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. 10 g/agree/meterbox/8/26/99/jf CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. 11 g/agree/meterbox/8/26/99/jf Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its agents, officers, employees and volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 12 g/agree/meterbox/8/26/99/jf 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this AGREEMENT or the Contract Documents, CITY may give notice in writing of its intention to terminate this AGREEMENT. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this AGREEMENT upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this AGREEMENT; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this AGREEMENT, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this AGREEMENT shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this AGREEMENT, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT. No officer or employee of CITY shall have any financial interest in this AGREEMENT in violation of California Government Code sections 1090 et seq. 13 g/agree/meterbox/8/26/99/jf 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this AGREEMENT. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the sections of this AGREEMENT are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this AGREEMENT. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that 14 g/agree/meterbox/8/26/99/jf pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. JOHN LEE, sole proprietorship By: --- CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor REVIEWED AND APPROVED: ATTEST: y Administrator 'O-*� City Clerk APPROVED AS TO FORM: City Attorney D AND APP VED: Direc or of Public Works 15 g/agree/meterbox/8/26/99/jf ATTACHMENT "A" 1 , r SECTION C PROPOSAL for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-014 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 87 Remove and replace City furnished Water Meter Box in existing sidewalk, per City of Huntington Beach Standard Plan 217. $ l o o $ �� p @ D-Ae Dollars c Cents Per ea. 2 3,050 Remove and replace concrete sidewalk, per City of Huntington Beach Standard Plan 217. $ Dollars y Cents SF Per SF Note: Construction Change Orders (additive or deductive) Shall be Based Upon Unit Price. C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. t3 Accompanying this proposal of bid, find <30141-Y s in the amount of $ Z � 3 `� �' which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature ,V- WL C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class / ro v--c C- 9 2 i(y-o 6'0 0/ co,,c r PM ew 111.elea o (I►a rv-s s o�- By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange e2 4 , Lee , being first duly sworn, deposes and says that he or she is 0 c0-4 er of Lees the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. �hrn Lem Name of Bidder IX Signature of Bidder 6SY2 say, (yTt-hcjSc-v Drl 0 6 2-4 Address of Biker Subscribed and sworn to before me this 1 O 41"day of Av,4vur , 199 MOON C. LEE + Comm'usion 0 1159146 .� Notary Publk - Cantomio Omw County My Comm. r, vies Nov 4, 4001 NOTARY PUBLIC �-----ram NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-014, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: S — 'I — J-aA,-n Lem Contractor 0 Title 0 4,h e-K 4_� C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. C-7 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date:�- _7Ah Lee Contractor By Title D cvr -�P' r C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: NO f SS J�ti m L e -e Contractor z By 0 CV-.h Title Date: 9-1 — Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: -Tuh-,, Lee Bidder Name sa, fi t. C'. s e Business Address 13 im -n a- P41A C—A y v G 2- o City, 1 State Zip (71v-) /�Gt- 37`7S Telephone Number / / State Contractor's License No. and Class G—z6— q8 Original Date Issued f J 9 - 3/— Zdc-o - Expiration Date The work site was inspected by The following are persons, firms, and corporations' ,7-a A h —e -P— er tvh �� ✓ Lees GonStY-�C-f oz^ of our office on , 199_. C-1 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. eic:`s C-,>ts7`YcL c- r,,% Company Name Signature of Bidder �a h 'h /ee- Printed or Typed Signature Subscribed and sworn to before me this l 0 day of kS7L , 199� . MOON C. LEE Commission 1158146 N Q0MVC&M.&0WN0V4,Z01 otary Pubac - CdlbmicCounty NOTARY PUBLIC `�-K�-� e NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. ?�e talc 2:f4A i,,wf .s/nerZLy u76ic-4Avt:9� c4Ca(Pg Name and Addre s of Public Agenc3 Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Add ess oftPublic Agency Name and Telephone No. of Project Manager: �/�yo o �ehczc►- slope �( � � � 3 --� o — f' 8 Contract Amount Typelof Work Date Completed 3. 74-,- cn.lt6, a!;LZ,.f - ( „���,rfz-fL, 59'311C [Vet � rn ', Ci s /4,5re /es, Clg/90,0 Name and Addre s of Public Ag cy Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed oeru // C-11 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Lee ' s C o n s t r u c t i on (Here insert full name and address or legal title of Contractor) 6542 San Francisco Dr., Buena Park, CA 90620. as Principal, hereinafter called the Principal, and A m w e s t Surety Insurance Company (Here insert full name and address or legal title of Surety) 5230 Las Virgenes Rd., Calabasas, CA 91302 a corporation duly organized under the laws of the State of N e b r a s k a as Surety, hereinafter called the Surety, are held and firmly bound unto C i t y of Huntington Beach (Here insert full name and address or legal title of Owner) 2000 Main St., Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of *TEN PERCENT OF THE TOTAL BID AMOUNT********** "Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) Water Meter Box Replacement Project at Various locations throughout the City of Huntington Beach Water Services Contract no. WSC-014 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of August 1999 Lee's Construction (Prin �paf) (Seal) (Witness) { Jong ee, (Title) Owner mw st Sur t Insurance Company urety) (Seal) (Witness) mes ux (Title) ttorney - in - Fact AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 ® Prinfeel on Recycled Pctper 9/93 r LIMITF,D POWER OF ATTORNEY A►awest Surety Insurance Company Expiration Date: 05/13/01 POWERNUMBER 0001009526 This document is printed on white paper containing the artificial watermarked logo( J* ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at 16191 211-5R911 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: James Legaux Len Eastwood As Employees of Tricore Insurance Services its true and lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to $1,000,000.00 Contract, Court & Subdivision Bonds up to $2,500,000.00 License and Permit Bonds up to $50,000.00 Miscellaneous Bonds Up To $50,000.00 Small Business Admistration Bonds up to $250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now in full force and effect. Bond No. Bid Bond Signed&sealedthis9th dayof August 1999 Karen G. Cohen, Secretary ***************** RESOLUTIONS OF THE BOARD OF DIRECTORS ********************** * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: 0) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25'' day of September, 1998. 2 p. John E. Savage, Preside t Karen G. Cohen, Secretary State of California County of Los Angeles On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my d and official seal. PE6C1/8. LOFTON . P o ......9 coryn,w«, �loseobt U` ' P R Signature r B. w (Seal) • PtbMC — COMM O qLceAngelw Isar NN Comm.Explm Aug 6 1994 _CO — DEC.14, :n; 1995 :O '(P__71 Q , ��''.'l! " ••••.•• d,.• 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 ISSUE DATE -INSURA CE 09/2311999 OERTIFICATE OV; PRODUCER Cert# 1289 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND LONDON GENERAL INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE (000 13121 BROOKHURST, OD -7, DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE GARDEN GROVE, CA 92843-107Z6 POLICIES BELOW. (714) 6311-2741 FAX (714) 638-9431 Kllzk autt� COMPANIES AFFORDING COVERAGE 41191"o o10 COMPANY �O//, A ENVIRONMENTAL CASUALTY INS. TN_SURiD__"__COMPANY __ ___ .4— oi — — _ — ._ _. ___' LEE, JOHN JONG B PROGRESSIVE INS. LEE'S CONSTRUCTION - .. ...... COMPANY 6542 SAN FRANCISCO DR. BUENA PARK, CA 90620 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAJO CLAIMS. ­ — ___ ____ __ __ - —, — . _­ ------- —­.- t - TR 1 TYPE OF INSURANCE I POLICY NUMBER - - - I DATE (MMfDDNY) DATEGENERAL LIMITS I GENERAL LIABILITY AGGREGATE Is 1,000.000 I-Pnn-" COMMERCIAL GENERAL LIABILITY TBD 092399 02300 _r._T4Z rOMPIOP AGG 5 1,000,000 �toojl.AIIMS MADE Fk] OCCUR. PERSONAL & ADV INJURY S 1,0D0,000 A OWNER'S & CONTRACTORS PROT EACH OCCURRENCE S 1,10010,000 FIRE DAMAGE(Any One Fire) $ 50.1000 WED. JEXPENWArrjbo* Person l 1,ow AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 ANY AUTO TBD SEP 23 99 092300 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per Person) Br HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS (Per Aoredent) $ PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY: EA ACCIDENT S �ANY AUTO APPTR�A'­E,51 k,-" OTHER THAN AUTO ONLY. EACH ACCIDENT 3 GAIL lll'!'.��'Pl)_'l AGGREGATE S EXCESS LIABILITY *'l­f>_k-_. EACH OCCURRENCE S UMBRELLA FORM By: AGGREGATE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND my STATUTORY LIMITS .EMPLOYERS LIABILITY EACH ACCIDENT - - THE PROPRIETOR/ INCL DISEASE -POLICY LIMIT IPARTNERSIEXECUTIVE OFFICERS ARE: EXCL - 6" 1!�E_ASE.EAC4 EMPLOYEE -_ LOYEE OTHER Vk3UHWl JUN VP VJ-tKA I IUNWLVL;AIIUNWVt:"I;,LE:WbP'LLIAL I I t;Mb CERTIFICTE HOLDER IS NAMED AS ADDITIONAL INSURED. 10 DAY NOTICE OF CANCELLATION WILL BE GIVEN FOR NON-PAYMENT OF PREMIUM. JOB: WATER METER BOX REPLACEMENT ADDITIONAL INSURED CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS AND EMPLOYEES P.O. BOX 190 HUNTINGTON BEACH, CA 92648 CANCELLATION, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT oe�l_ � I — Gompass 4 25S 9M3 ZO'd Tcv68c9vlL -SUI L,UO9 UOPUO-1 VVO:60 66-8z-daS STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SEPTEMBER 22, 1999 POLICY NUN/IBER: 1317035 - 99 CERTIFICATE EXPIRES: 7-*1-00 f— CITY OF HUNTINGTON ATTN: RICK OLSON 2000 MAIN STREET, HUNTINGTON BEACH, L BEACH" P.O. BOX 190 CA 92648 JOB:"ALL OPERATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the pol�§ period indicated. This policy is not subject to cancellation by the Fund except upon ikili days` advance written notice to the employer. 30 We will also give you W days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract" or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY. LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #k2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07/01/99 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #k2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 09/22/99 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HUNTINGTON BEACH Af'}:ROVIA) A?S TO FORM:i �CITY 2t17'?t� 1 BY ± p City Attornev EMPLOYER F- LEE, JONG H DBA: LEE'S CONSTRUCTION 6542 SAN FRANCISCO DRIVE BUENA PARK, CA 90620 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10262 (REV. 3-95) I have received Performance Bond No. 105000804 — Amwest Surety Insurance Company for Lee's Construction. Payment Bond No. 105000804 — Amwest Surety Insurance Company for Lee's Construction. RE: WSC 014 —Water Services Contract for the Water Meter Box Replacement Project. Approved by Council on 9/20/99 — City Clerk Vault file 600.75. Dated: I CH 1-00 THE AMERICAN INSTITUTE OF ARCHITECTS Bond no. 105000904 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Lee's Construction 6542 San Francisco Dr. Buena Park, CA 90620 OWNER (Name and Address): The City of Huntington Beach 2000 Main Street Huntington Beach, CA 9264? SURETY (Name and Principal Place of Business): Amwest Surety Insurance Company 5230 Las Virgenes Rd. Calabasas, CA 91302 CONSTRUCTION CONTRACT Date: September 14, 1999 Amount:*Twenty Three Thousand, Nine Hundred Fifty & no/100 Dollars*** Description (Name and Location): ($ 2 3, 9 5 0. 0 0) Water Meter Box Replacement, Project no. WSC-014 BOND Date (Not earlier than Construction Contract Date): S e p t e m b e r 2 0, 19 9 9 Amount:*Twenty Three thousand, Nine Hundred Fifty & no/100 Dollars** Modifications to this Bond: ( $ 2 3 , 9 5 0 . 0 0 ) ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SU TY Company: (Corporate Seal) Com Xny:Lee's Construction AmweSur Signature: r`''-- Signature: Name and Title: Jong H . Lee , Owner Name anduFc (Any additional signatures appear on page 3) tAnsuranc��r�'mpanyeal) ame§4 L gaux, orney-in- Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: APPROVED AS TO FORM•I OWNER'S REPRI SENTATIVE (Architect, Engineer or GAT T-ITTOI1 other party): C, I 1 :1TiO M, EY AIA DOCUMENT A312 - 1'ERFORMAN THE AMERICAN INSFITUIE Of ARCHI THIRD PRINIING • MARCH 1987 AND PAYMENT BOND - DICEMBER 191A FIX - AIA n 35 NEW YORK AVI., N.W., WASHINGTON, D.C. 21NNIb A312-1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Suretv at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construe- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of anv such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than.Ahe Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by lacy, the minimum period of limitation avail- AIA DOCUMENT A312 • PI RIORMANCE BONO AND PAYMENT BUNT) • IN(AMIUR 1984 ID. • AIA 4 THE AMERICAN INSIITUTI Of ARCHMCIS, 1715 Nlw YORK A%1_ N.w., %%ASHINGION. D,C. 2000t, A312-1984 2 THIRD PRINTING • MARCII 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor Waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 - PFRrORMANCE BOND AND PAYMENT BOND - IN( I.%iBER 1984 ED. - AIA n THE AMERIC:AN INSTITUII: OF ARCHITECTS, 1735 NEW YORK AV[., N.w., W-WiINGTON, D.C. !W04, A312-1984 3 THIRD PRINTING - MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS Bond no. 105000804 AIA Document A372 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Lee's Construction 6542 San Francisco Dr. Buena Park, CA 90620 OWNER (Name and Address): The City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 SURETY (Name and Principal Place of Business): Amwest Surety Insurance Company 5230 Las Virgenes Rd. Calabasas, CA 91302 CONSTRUCTION CONTRACT Date: September 14, 1999 Amount:Twenty three Thousand, Nine Hundred Fifty & no/100 Dollars** Description (Name and Location): ($ 2 3, 9 5 0. 0 0) Water Meter Box Replacement Project no.WSC-014 BOND Date (Not earlier than Construction Contract Date): September 20 , 1 9 9 9 Amount*Twenty Three Thousand, Nine Hundred Fifty & no/100 Dollars** Modifications to this Bond: ($ 2 3 , 9 5 0 . 0 0) :-9 None ❑ See Page 6 CONTRACTOR -AS PRINCIPAL SURETY ` \ Company: (Corporate Seal) Company: Lee's Construction Amwest Surest I Signature: i=' L Signature: Name and Title: Jong H . Lee, Owner Name and Ti e : J a (Any additional signatures appear on page 6) (Co orate Seal) rance_f,9mpany Legaux, Attorney -in - Fact (FOR INFORMATION ONLY —Nance,_, gx*Ms and Telephone) AGENT or BROKER: AL t't U' ll Az) O%VNER'S REPRLSI NTATIVE (Architect, Engineer or GAIT, 1jU'rTON other party): CITY ATj.q!,!Ey ;y : tv Clt,y Attorney AIA DOCUMENT A312 • PFRFOE THE AMERICAN INSTITUTE OF i THIRD PRINTIN(, • MARCH 1987 BOND AND PAYMENT BONI) • DECEMBER 19M ED. • AIA H :T5, 1715 NEW YORK AVE., N.W., %%ASHINGTON, D.C. 2000„ A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall -be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions Con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PER fORMANCI [ION[) AND PAYMI N1 IIOND • DI( tN1H1 R 1994 11) • AI Y' THE ANAL RICAN INSTITUTE 01 ARC111EE1 Is, 1735 NEW YORK A%1 , N W. WASHIN(JON. D(-'IMNR, A312-1984 5 THIRD PRIMING • MARC:t1 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ,x THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2", A312-1984 6 THIRD PRINTING • MARCH 1987 LIMIT_ D POWER OF AT i JRNEY Amwest Surety Insurance Company twiration liate: U�/IS/UI CVYYGn lYVlYIDGf\ UUUIU09577 This document is printed on white paper containing the artificial watermarked logo ( Jb ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attomey ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (619) 233-5993 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: James Legaux Len Eastwood As Employees of Tricore Insurance Services its true and lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to $1,000,000.00 Contract, Court & Subdivision Bonds up to $2,500,000.00 License and Permit Bonds up to $50,000.00 Miscellaneous Bonds Up To $50,000.00 Small Business Admistration Bonds*up to $250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attomey, and that the relevant provisions of the By -Laws of each company, are now in full force and effect. Bond No. J05000804 Signed &sealed this20thdayof September 1999 Karen G. Cohen, Secretary ***************** RESOLUTIONS OF THE BOARD OF DIRECTORS ********************** * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: 0) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25'" day of September, 1998. 2?A 4!r sek&4��I_ Z/ John E. Savage, President Karen G. Cohen, Secretary State of California County of Los Angeles On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my d and official seal. PE=V 8. WffON �N S ...... CO.N.6don,ito6eobt :'��!(��•......... =�~'Pq2' Signature (Seal) O10fy Pt�C Cd101lib Q:2�� Pia � ���,c MyLos Angoes cow" _ CO DEC.14, Corntn. 6. Im 1995 ;0 ��''ll4;eRANda`` 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 Pt.J— Council/Agency Meeting Held: 7 /a t, ),19 I.w,�-D- 0) 5 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 11-- o --7-P -4-7 City Clerk's Signature Council Meeting Date: September 20, 1999 Department ID Number: PW 99-086 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION, C-) i SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS )> SUBMITTED BY: RAY SILVER, City Administrator ,7V PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work /11f cr v SUBJECT: Approve Water Service Contract for the Water Meter Box Replacement Project; WSC 014 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On August 10, 1999, the City Clerk received and opened bids for the Water Meter Box Replacement Project, and the project now stands ready to award. Funding Source: Sufficient water funds are available in Account E-EW-PW-924-6-59-00. Recommended Action: Motion to: 1. Approve the low responsive/responsible bid submitted by Lee's Construction for the Water Meter Box Replacement Project; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of $23,950; and 3. Authorize the Director of Public Works to expend a total of $30,000, including the contract amount of $23,950, and supplemental expenditures of $6,050. Alternative Action(s): Cancel the construction project, or authorize the rebidding of the project. t, I ih� i REQUEST FOR COUNCIL ACTIG,. MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: PW 99-086 Analysis: This project replaces water meter boxes, located in the sidewalk, at various locations throughout the City. The purpose of this project is to eliminate damaged or broken water meter boxes, thereby reducing the potential liability caused by such meter boxes. On July 6, 1999, the City Council approved plans and specifications and authorized the Director of Public Works to request bids for the Water Meter Box Replacement Project. On August 10, 1999, bids were received and publicly opened by the City Clerk. The engineer's estimate for this project was $25,000. Summarized below, in ascending order dollar amounts, are the bids submitted to the City: 1. Lee's Construction $23,950.00 2. B. A. Construction $38,525.00 3. BnB Engineering $39,525.00 Environmental Status: The project has been reviewed and determined to be Categorically Exempt pursuant to the California Environmental Quality Act Section 15301(c). Public Works Commission Review: Not required by Municipal Code Chapter 2.111. City Clerk's Page Number RCA Author: Rick Olson, Phone Extension 5453/gc METER BOX AWARD.doc -2- 09/08/99 4:00 PM RCA ROUTING S�EET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Construction Contract For The Water Meter Box Replacement Project; WSC-014 COUNCIL MEETING DATE: September 20, 1999 WA MENTS, STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FORMISSING ATTACHMENTS REVIEWED A RETURNED FORWARDED Administrative Staff _ I'IfIf I Assistant City Administrator (initial) City Administrator (initial) City Clerk EXPLAN ATI , Ok!'FOR RETURNOFITEM: SECTION C PROPOSAL for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-014 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 87 Remove and replace City furnished Water Meter Box in existing sidewalk, per City of Huntington Beach Standard Plan 217. $ l ° o $ gi 76O @ D�►e 6,V,4 r.,,e Dollars c Cents Per ea. 2 3,050 Remove and replace concrete sidewalk, per City of Huntington Beach Standard Plan 217. $ y -e- Dollars Cents SF Per SF Total Amount Bid in Figures: $ 2 3 4,M Total Amount Bid in Words: ,o,Q occS y� Q Note: Construction Change Orders (additive or deductive) Shall be Based Upon Unit Price. C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find <3, dW--r s 13 he amount of $ Z `� which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class c�n•�Y.•�e �'" ��"', �„ Sc Z l��-Yves p,, C� a�(�. ro v-C C-/4 2 � o ( �410 c $ ce„c r I `1 cif?► YQ s S 0 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �-Ja A m L e e , being first duly sworn, deposes and says that he or she is o a, i Gr of Lees C_ohs f j:j�-c - o*'h the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. J-8 h,h Lee - Name of Bidder Signature of Bidder 6SY2 SAS f r ku'f" Drl Address of Bidder Subscribed and swornto before me this ( O *'`day of 199 MOON C. LEE commuslon M 11Se14b rA 01a AM Notary MAC - Cditarnio orww ca^ My Cmrrn.'% F1 NW 4 2ml NOTARY PUBLIC --,--�-� NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-014, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 9-1— � `jl J-0A"4 Lem Contractor Title p 4,h e-✓ C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �No If the answer is yes, explain the circumstances in the space provided. C-7 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: .T A h Le e Contractor Title D CV7%-e r- C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By O cwr ,e,--- Title Date: Note: This form is required for every Dig Alert Identification Number issued by US.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: .7a'h,-, Lee Bidder Name Business Address (31tc.no, pnA C-A 9 v /,Z0 City, f State Zip (?rV-) 126t- Telephone Number / / / State Contractor's License No. and Class Original Date Issued t3— �/— 2 00 0 J Expiration Date The work site was inspected by of our office on , 199_. The following are persons, firms, and corporations having a principal interest in this proposal: Ja A h Lem e 4me-r- L ees Go Y►S r Y��-�f� ay+ C-1 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Z ees Ge�sfi-ter o� Company Name Signature of Bidder _ah,.h Lee - Printed or Typed Signature Subscribed and sworn to before me this day of k 7L , 199� . MOON C. LINE commission # t t 6! t Ii dc�s CgKxyi� M 1► Ca r x►►. B p M rt N Ov t. � O t NOTARY PUBLIC �---} NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. ?�e C d, t,, 2-f4A4),,07- uft'c4 AvO" "' ° en Name and Addre s of Public Agenc O Name and Telephone No. of Project Manager:/U�ra Ca✓�, pL S`YZ Lep4ce I�m M / 2 —2 3 —/98 Contract Amount T Type of Work Date Completed 2. C_6L i el ognacY !V 7--a,, cPov74,--fig' 4 # /i, coL tee,. cel �'� f Name and Add •ess of(Public Agency Name and Telephone No. of Project Manager: F? /9 SS ° D 4k6,4A/ Y A (- 3 lo) S'7� - S« �c o Contract Amount Type of Work 3--"0 -/,?8 Date Completed 3. C h,e c� l s �, f Z � Tj- sno yfr-1 ` -L _o;-r3 f c cff4.wh r¢Ile, C o s /� e e Cl4�o a �� Name and Addre s of Public Ag cy Name and Telephone No. of Project Manager: �? �fO'+ yA ��r c, Pi OIOVO6- C4� Contract Amount Type of Work Date Completed //YUW C-11 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Lee ' s Construction (Here insert full name and address or legal title of Contractor) 6542 San Francisco Dr., Buena Park, CA 90620, as Principal hereinafter called the Principal, and A m w e s t �u r e t y Insurance Company (Here insert full name and address or legal title of Surety) 5230 Las Virgenes Rd., Calabasas, CA 91302 a corporation duly organized under the laws of the State of N e b r a s k a as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) 2000 Main St., Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of *TEN PERCENT OF THE TOTAL BID AMOUNT*********** *Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Water M e t e r Box Replacement Project at (Here insert full name, address and description of project) Various locations throughout the City of Huntington Beach Water Services Contract no. WSC-014 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of August 1999 (Witness) Lee's Construction (Prin 'pal) (Seal) Jong 'H./Le-e , (Title) Uwner FA W ran (Seal) es)L-i'+aux.,Z (Title)-A-t-torney -i n - Fact AIA DOCUMENT A310 • BID BOND • AIA (9 • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 0 Printed on Recycled Paper 9/93 LIMP JD POWER OF A-F-ORNEY Amwest Surety Insurance Company This document is printed on white paper containing the artificial watermarked logo ( J4 ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (619) 233-5993 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: James Legaux Len Eastwood As Employees of Tricore Insurance Services its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the sea] of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to $1,000,000.00 Contract, Court & Subdivision Bonds up to $2,500,000.00 License and Permit Bonds up to $50,000.00 Miscellaneous Bonds Up To $50,000.00 Small Business Admistration Bonds up to $250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now in full force and effect. Bond No. Bid Bond Signed& sealed this9th dayof August 1999 Karen G. Cohen, Secretary ***************** RESOLUTIONS OF THE BOARD OF DIRECTORS ********************** * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: 0) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25'b day of September, 1998. John E. Savage, Preside Karen G. Cohen, Secretary State of California County of Los Angeles On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my d and official seal. PEWY� SON ,nnwn""n„ iN S... `—P Con>w+nrton i1061 ''° y Q` ,� P.......q a Signature _ "`' "i�Y.Ji PcUya LO ayP.blic (Seal) IAA ArVWMCou Ny W1MVCoffvn.Ex0uAug6.1M DEC.14, dn_ 1995 `O ,,, 'll '�C.eRA ..... ,, 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 1 G s- S -,f ?Zp�uS OP-.. l< L (310 0 if & 2- " v o r. rm. Council/Agency Meeting Held:_ _ ZDeff red/Continued to: Clerk's Signature 'Approved ConditionallyApproved O Denied Council Meeting Date: July 6, 1999 Department ID Number: PW 99-055 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrate PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works (00- SUBJECT: Approve and Authorize Advertisement for Water Meter Box Replacement; WSC 014 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The plans and specifications for the replacement of water meter boxes throughout the City are complete and ready for City Council approval and authorization to bid. Funding Source: Funds totaling $30,000 are available in Account E-EW-PW-924-6-59-00. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to solicit bids for the replacement of various water meter boxes throughout the City (WSC 014); and 2. Approve the attached sample contract, subject to award of the contract to the lowest responsible bidder. Alternative Action(s): 1. Cancel the proposed construction project and re -direct the funds. Delaying meter box replacements at this time could increase the City's liability for trip and fall claims. The proposed meter box locations are located within the public sidewalk area. M i.i > C, C9 tM1 /A REQUEST FOR ACTION MEETING DATE: July 6, 1999 DEPARTMENT ID NUMBER: PW 99-055 Analysis: Staff has completed the design for the replacement of various water meter boxes throughout the City. The purpose of this project is to replace damaged or broken water meter boxes, thereby reducing the potential liability caused by such meter boxes. The boxes are located within the sidewalk area, and may present a liability issue if not replaced. The engineer's estimate for this construction project is $25,000. This budget also includes $5,000 for supplementals and contingencies. Public Works Commission Review: Not required by Municipal Code Chapter 2.111. Environmental Status: The project has been reviewed and determined to be Categorically Exempt pursuant to the California Environmental Quality Act Section 15301(b) and is Categorically Excluded, per 24 CFR Part 58, Section 58.35(a)(1)(ii) in accordance with the National Environmental Policy Act of 1969 as amended. Attachment(sl: NumberCity Clerk's Page 1. Sample Construction Contract RCA Author: RFB:DEM:RFO Meter Box.RCA -2- 06/2219910:46 AM =.IVED ".ICWORKS A U G 0 6 1998 Sample WATER DIVISION CITY FUNDED CONSTRUCTION CONTRACT BETWEEN HUNTINGTON BEACH, CA THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 AND SPECIFICATIONS 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADMMSTRATIVE COSTS 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY' S FEES 16 32. ENTIRETY 16 SAMPLE g/agree/meterbox/8/4/98fjf Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT, made and entered into this day of 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a "CONTRACTOR." corporation, hereinafter referred to as WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the installation of meter box replacements at various locations in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK,• ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by 1 SAMPLE g/agree/meterbox/30991f CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this AGREEMENT, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as they are actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this AGREEMENT and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this AGREEMENT based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this AGREEMENT by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this AGREEMENT. "Contract Documents" as defined herein mean and include: A. This AGREEMENT; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 2 SAMPLE g/agree/meterbox/8/4/98rJf 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "All); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this AGREEMENT and the bid or proposal of CONTRACTOR, then this AGREEMENT shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this AGREEMENT, subject to any additions or deductions made under the provisions of this AGREEMENT or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this AGREEMENT. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute the PROJECT 3 SAMPLE g/agree/meterbox/8/4/98lf to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this AGREEMENT. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this AGREEMENT and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this AGREEMENT. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. SAMPLE g/agree/mete rbox/8/4/98rjf When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this AGREEMENT, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this AGREEMENT including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs SAMPLE g/agree/meterbox/8/4/98fJf or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working days delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, 6 SAMPLE g/agree/meterbox/6/3/99rf floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the AGREEMENT), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this AGREEMENT to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of. 7 SAMPLE g/agree/meterbox/8/4/98/jf (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this AGREEMENT or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this AGREEMENT. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this AGREEMENT, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the AGREEMENT modified in writing accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this AGREEMENT. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and 8 SAMPLE g/agree/meterbox/8/4/98/jf make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this AGREEMENT. 9 SAMPLE g/agree/mete rbox/8/4/98rJf 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this AGREEMENT, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including but not limited to concurrent active or passive negligence, those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every 10 SAMPLE g/agree/mete rbox/8/4/98/jf employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 11 SAMPLE g/agree/mete rbox/8/4/98/jf applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the. foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTORs insurance policies, naming CITY, its agents, officers, employees and 12 SAMPLE g/agree/meterbox/8/4/98Cf volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this AGREEMENT or the Contract Documents, CITY may give notice in writing of its intention to terminate this AGREEMENT. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this AGREEMENT upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this AGREEMENT; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this AGREEMENT, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this AGREEMENT shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this AGREEMENT, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT. No officer or employee 13 SAMPLE g/agree/meterbox/8/4/98Cf of CITY shall have any financial interest in this AGREEMENT in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this AGREEMENT. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such parry. 28. CAPTIONS Captions of the sections of this AGREEMENT are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this AGREEMENT. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 14 SAMPLE g/agree/mete rbox/8/4/98/jf 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED 15 SAMPLE g/agree/mete rbox/8/4/98rjjf 31. ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: 0 print name ITS: (circle one) Chairman/PresidentNice President AND M. print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: irector of Public Works 16 SAMPLE g/ag ree/meterbox/8/4/98/jf CONTRACT DOCUMENTS SPECIFICATIONS AND DRAWINGS for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-014 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: July 26, 1999 2:00 p.m., 2ND FLOOR City Clerk's Office ROBERT F. BEARDSLEY, DIRECTOR DEPARTMENT OF PUBLIC WORKS ASPECS.doc CITY OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT NO. WSC-014 Prepared Under the Supervision of and Approved by: Robert F. Beardsley, P.E., R.C.E. No. 22876 ate NOTE: If there are any questions relative to this project, please call Richard Olson at: (714) 53b-5453. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS..................................................................................... A-1 SECTION B INSTRUCTIONS TO BIDDERS.............................................................................................B-1 1. Proposal Forms............................................................................................................B-1 2. Proposal Guarantee......................................................................................................B-1 3. Proposal Signature.......................................................................................................B-1 4. Delivery of Proposal....................................................................................................B-2 5. Return of Proposal Guarantee......................................................................................B-2 6. Taxes............................................................................................................................B-2 7. Disqualification's of Bidders.......................................................................................B-2 8. Contractor's License Requirement...............................................................................B-2 9. References....................................................................................................................B-2 10. Listing of Subcontractors...........................................................................................B-3 11. Discrepancies and Misunderstandings.......................................................................B-3 12. Equivalent Materials..................................................................................................B-3 13. Legal Responsibilities................................................................................................B-3 14. Award of Contract......................................................................................................B-3 15. Material Guaranty......................................................................................................B-4 16. Execution of Contract................................................................................................B-4 17. Submission of Bonds and Insurance..........................................................................B-4 18. Addenda.....................................................................................................................B-4 Im SECTION C PROPOSAL................................................................................................................................C-1 ProjectBid Schedule.....................................................................................................C-2,3 Listof Subcontractors......................................................................................................C-4 NoncollusionAffidavit....................................................................................................C-5 UtilityAgreement............................................................................................................C-6 Disqualification Questionnaire........................................................................................C-7 Compensation Insurance Certification.............................................................................C-8 Underground Service Alert - I.D. Number......................................................................C-� Bidder's Information.................................................................................................C-10,11 SECTION D SAMPLECONTRACT............................................................................................................ D-1 SECTION E SPECIAL PROVISIONS.....................................................................................E-1 PART 1 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS........................................E-1 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK.........................................E-2 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-10 AUTHORITY OF BOARD AND INSPECTION SECTION 4 - CONTROL OF MATERIALS .....................................................E-4 4-1 MATERIALS AND WORKMANSHIP iv SECTION 5 - UTILITIES................................................................................... E-5 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK......................................E-6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR ........................ E-7 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7- PROJECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8 - FACILITIES FOR AGENCY PERSONNEL ............................ E-11 8-1 GENERAL SECTION 9 - MEASUREMENT AND PAYMENT........................................E-12 9-3 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS...................................................... E-13 201-1 PORTLAND CEMENT CONCRETE v PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK.......................................................................E-14 300-1 CLEARING & GRUBBING 300-2 UNCLASSIFIED EXCAVATION SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION.............E-15 303-5 CONCRETE CURBS, WALKS GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, WHEEL CHAIR ACCESS RAMP AND DRIVEWAY REFERENCE SPECIFICATIONS - Maintenance Work Traffic Control Manual APPENDIX I - LOCATION INDEX APPENDIX II - STANDARD PLAN NO.217 APPENDIX III — LOCATION MAP vi SECTION A NOTICE INVITING SEALED BIDS for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-014 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on July 26, 1999. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Contract Documents, Specifications and Standard Drawings are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $5.00 nonrefundable fee if picked up, or payment of a $10.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the day of 199_. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the co -partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-014 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. B-2 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event B-3 will an award be made until all necessary investigations are mace to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. B-4 SECTION C PROPOSAL for the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-014 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 87 Remove and replace City furnished Water Meter Box in existing sidewalk, per City of Huntington Beach Standard Plan 217. $ $ @ Dollars Cents Per ea. 2 3,050 Remove and replace concrete sidewalk, per City of Huntington Beach Standard Plan 217. $ $ @ Dollars Cents SF Per SF Total Amount Bid in Figures: $ Total Amount Bid in Words: Note: Construction Change Orders (additive or deductive) Shall be Based Upon Unit Price. C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT' TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 199 NOTARY PUBLIC NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the WATER METER BOX REPLACEMENT PROJECT at VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER SERVICES CONTRACT No. WSC-014, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Contractor Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ❑ No If the answer is yes, explain the circumstances in the space provided. C-7 Note: This questionnaire constitutes a part of the Proposal, ana a signature portion of the Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor 11.2 Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor go Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip i ) Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on , 199_. The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _ day of , 199_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-11 SECTION D SAMPLE CONTRACT D-1 r, n .' Y E D ..IC WORKS A U G 0 6 1998 Sample WKFEN DIVISION CITY FUNDED CONSTRUCTION CONTRACT BETWEEN HUNTINGTON BEACH, CA THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH TABLE OF CONTENTS Paie No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 AND SPECIFICATIONS 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERNIINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADM NISTRATIVE COSTS 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY' S FEES 16 32. ENTIRETY 16 SAMPLE g/agree/meterbox/8/4/98Ij f Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT, made and entered into this day of 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a corporation, hereinafter referred to as "LoWli MEN"iIM WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the installation of meter box replacements at various locations in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by 1 SAMPLE g/agree/meterbox/3/8/99rJf CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this AGREEMENT, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as they are actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this AGREEMENT and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this AGREEMENT based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this AGREEMENT by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this AGREEMENT. "Contract Documents" as defined herein mean and include: A. This AGREEMENT; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 2 SAMPLE g/agree/meterbox/8/4/98f f 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "All); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this AGREEMENT and the bid or proposal of CONTRACTOR, then this AGREEMENT shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this AGREEMENT, subject to any additions or deductions made under the provisions of this AGREEMENT or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this AGREEMENT. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute the PROJECT 3 SAMPLE g/agree/meterbox/8/4/98rjf to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this AGREEMENT. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this AGREEMENT and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this AGREEMENT. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. SAMPLE g/agree/meterbox/8/4/98rjjf When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this AGREEMENT, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this AGREEMENT including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs 5 SAMPLE g/agree/mete rbox/8/4/98rJf or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working days delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, 6 SAMPLE g/agree/meterbox/6/3/99rjf floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the AGREEMENT), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this AGREEMENT to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of 7 SAMPLE g/agree/meterbox/8/4/98rJf (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this AGREEMENT or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this AGREEMENT. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this AGREEMENT, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the AGREEMENT modified in writing accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this AGREEMENT. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and s SAMPLE g/agree/meterbox/8/4/98rJf make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this AGREEMENT. 9 SAMPLE g/agree/meterbox/8/4/98fjf 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this AGREEMENT, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including but not limited to concurrent active or passive negligence, those resulting from death or injury to CONTRA.CTORs employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every to SAMPLE g/agree/mete rbox/8/4/98(f employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR. shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 11 SAMPLE g/agree/meterbox/8/4/98Cf applicable to the PROJECT shall be deemed excess coverage and that CONTRACTORs insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the. foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTORS insurance policies, naming CITY, its agents, officers, employees and 12 SAMPLE g/agree/meterbox/8/4/98rJf volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this AGREEMENT or the Contract Documents, CITY may give notice in writing of its intention to terminate this AGREEMENT. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this AGREEMENT upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this AGREEMENT; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this AGREEMENT, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this AGREEMENT shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this AGREEMENT, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT. No officer or employee 13 SAMPLE g/agree/meterbox/8/4/98rJf of CITY shall have any financial interest in this AGREEMENT in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this AGREEMENT. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the sections of this AGREEMENT are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this AGREEMENT. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 14 SAMPLE g/agree/meterbox/8/4/98/jf 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED 15 SAMPLE g/agree/meterbox/8/4/98rjjf 31. ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: M print name ITS: (circle one) Chairman/President/Vice President !E2 print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: ' City Attorney INITIATED AND APPROVED: / Director of Public Works 16 SAMPLE g/ag ree/mete rbox/8/4/98Cf SECTION E SPECIAL PROVISIONS All the Work to be done under this contract shall be in accordance with these Special Provisions and the "GREENBOOK" Standard Specifications for Public Works Construction, 1997 edition, including the 1998 & 1999 supplement, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher: BNi Building News 1612 S Clementine Street Anaheim, California 92802 (714) 517-0970 The Standard Specifications set forth above, referred hereinafter as Standard Specifications, will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The section numbers of these Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out. PART 1 GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS [Add or redefine the following:]. AGENCY - The City of Huntington Beach. Board - The City Council of the City of Huntington Beach. Caltrans - The State of California Department of Transportation. County - The County of Orange. Engineer - The City Engineer of the City of Huntington Beach or his authorized representative. E-1 SECTION 2 SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT [Replace with the following:]. Within 10 working days after the date the AGENCY'S award of contract, the Contractor shall execute and return all contract documents required by the AGENCY. The AGENCY reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS [Add the following:]. The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to endurance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the AGENCY, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by AGENCY of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the AGENCY. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General [Add the following:]. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as -built conditions. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. E-2 Reference in the Special Provisions to "State Standard Specifications" shall mean the Standard Specifications, latest edition, of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California - Department of General Services Publications Distribution Unit P.O. Box 1015 North Highlands, California 95660 Reference in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Huntington Beach, and where applicable, the following: Standard Plans for Public Works Construction, published by the American Public Works Association, latest edition. Standard Plans, published by the Orange County Environmental Management Agency. Standard Plans, published by the State Department of Transportation, latest edition. Applicable Standard Plans for this project are contained in Appendix I of these Special Provisions. 2-10 AUTHORITY OF BOARD AND INSPECTION [Add the following]. The Contractor shall give at least 24 hours advance notice when he or his subcontractor will start or resume the work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or AGENCY holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs./day or more than 40 hrs./week, Saturday, Sunday, or AGENCY holidays, he shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees which will be charged at the following rates: 4 hrs. or less/day - $225.00 4 hrs. to 8 hrs./day - $450.00 When Special Inspection is required, the Contractor shall notify the AGENCY and pay inspection fees 24 hours in advance. If the Contractor is directed by the AGENCY to work under this contract more than 8 hrs./day or more than 40 hrs./week, the Special Inspection fee requirements will be waived. E-3 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General [Add the following:]. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Security of this guarantee shall be in the form of a Maintenance Bond furnished to the AGENCY by the Contractor. There shall be specific wording in the Maintenance Bond, that includes the guarantee or warranty of the labor and materials for a one year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be for 100 percent of the total amount earned to date as indicated on the final progress payment. The AGENCY reserves the right to withhold the retention until the Maintenance Bond has been accepted by the AGENCY. The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice. Failure to comply with such notice, will cause the AGENCY to file claim against the bond. Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the AGENCY, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 4-1.4 Test of Materials [Replace the third sentence of the first paragraph with the following:]. Unless otherwise provided, all testing shall be performed under the direction of the Engineer and the AGENCY will bear the cost of initial testing of material and workmanship which are required by the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.6 Trade Names or Equals [Replace the last two sentences of the first paragraph with the following:]. Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth in the Instructions to Bidders. E-4 SECTION 5 UTILITIES 5-1 LOCATION [Replace the first sentence of the last paragraph with the following:]. It shall be the Contractor's responsibility alone to determine the location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall pothole all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by the Work. 5-5 DELAYS [Add the following paragraph:]. All notification to utility companies insofar as the relocation or removal of a utility shall be made by the Engineer based on Contractor's request as submitted to the Engineer at least 48 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect excepting thereof any delay cost incurred as a result of the utility company not responding at their agreed time. E-5 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK [Replace the first sentence of the first paragraph with the following:]. The Contractor's proposed construction schedule shall be submitted to the Engineer within 10 working days after the date of the AGENCY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION 6-7.1 General [Add the following:]. The time within which the Work must be completed by the Contractor is fixed at 30 working days, including materials delivery, starting from and after the date in the Notice to Proceed with the Work, exclusive of maintenance periods. 6-7.2 Working Day [Add the following:]. The Contractor's activities shall be confined to the hours between 7:00 A.M. to 4:00 P.M., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. E-6 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES [Add the following:]. A noise level limit of 95 dbl. at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 7-2 LABOR 7-2.2 Laws [Add the following:]. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 Liability Insurance [Add the following:]. The insurance company issuing the Certificates of Insurance is required to be duly licensed to transact business in the State of California. 7-5 PERMITS [Delete Subsection in total and substitute with the following:]. Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor, at no additional cost to the AGENCY, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control [The second paragraph is amended to read:]. Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean wherever construction, including restoration, is incomplete. E-7 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures.) which are damaged or removed as a result of his operations. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Delete the last paragraph and substitute the following:]. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or reestablishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access [Add the following:]. All traffic control shall be in accordance with the latest edition of the following documentation: Caltrans - Manual of Traffic Control Devices for Construction and Maintenance Work Zones, Traffic Manual, Sign Specifications, Standard Plans, Standard Specifications and the AGENCY'S Maintenance Work Traffic Control Manual. The Contractor shall provide, to the Engineer, a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. Prior to the start of construction, the Contractor shall inform the AGENCY'S Police and Fire departments of the project location, approximate starting date, completion date, and the name and telephone number of contractor representatives who may be contacted at any hour in the event of an emergency. POLICE DEPARTMENT: Watch Commander @ (714) 960-8809 FIRE DEPARTMENT: Battalion Chief/Development @ (714) 536-5411 E-8 Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. Any relocation of travel lanes longer than three calendar days shall be delineated by removing the existing striping and legends by wet sandblasting and placing new striping and legends as required. Upon completion of the work and the restoration of the road surface to its final condition, the Contractor shall remove temporary striping by wet sandblasting. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation Standard Plans and the current City of Huntington Beach Maintenance Work Traffic Control Manual. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY yard or disposed of as directed by the AGENCY. Warning Signs Adequate warning signs for motorists and/or pedestrians shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. E-9 7-10.3 Street Ciosures, Detours, Barricades [Add the following:]. Street closures will not be allowed except as specifically permitted by the Engineer. Construction Traffic Control shall be per City of Huntington Beach Maintenance Work Traffic Control Manual, dated April 1992. Full compensation for Construction Traffic Control shall be paid for on a lump sum bid price and no additional compensation will be allowed therefor. 7-10.5 Protection of the Public [Delete Subsection in total and substitute with the following:]. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. E-10 SECTION 8 FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL [Add the following:]. No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor, at any time during the operation of the Work. E-11 SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General [Delete the last paragraph and substitute with the following:]. At the expiration of 35 days from the filing and recording of the Notice of Completion of the Work, the amount deducted from the final estimate and retained by the AGENCY will be paid to the Contractor except such amounts as required to be withheld by properly executed and filed to stop payment, or as may be authorized by the contract. 9-3.2 Partial & Final Payment [Amend the first sentence of the first paragraph to read:]. The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY'S payment procedure. Each month, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Add the following to the end of the section:]. Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as -built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon, the AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by the AGENCY. E-12 PART 2 CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.1 General For 2500 class concrete, a prequalified mix design may be used in accordance with the provisions of ACI 318-71, section 4.2.2.1, in which fc=2500 psi. 201-1.2 Materials. 201-1.2.4 Admixtures [Delete Subsection in total and replace with the following:]. Admixtures will not be permitted. 201-1.2.5 Fly Ash [Delete Subsection in total and replace with the following:]. Fly Ash will not be permitted. 201-2.2 Reinforcing Steel Reinforcing Steel shall be Grade 40 steel conforming to ASTM A615. E-13 PART 3 CONSTRUCTION METHODS A. General Description of Work The work to be done, in general consists of: Removal of concrete sidewalks and meter box, the construction of new meter boxes, replacement of concrete sidewalks to match existing grades and furnishing all labor, materials, tools, equipment and incidentals necessary to perform the said work. All work shall be completed to the satisfaction of the Engineer. B. Additions to Standard Specifications SECTION 300 EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.2 Preservation of Property The Contractor shall protect in place (as possible) any shrub, bush, or tree adjacent to or directly threatened by intended construction. Should removal seem necessary, the Contractor shall first contact the Engineer so that a qualified inspector can judge its possible protection, salvage, and/or relocation. 300-1.3 Removal and Disposal of Materials. 300-1.3.1 General [Delete Subsection in total and substitute with the following:]. No burning will be permitted. No accumulation of flammable material shall remain on or adjacent to the right-of-way. The roadway and adjacent area shall be left with a neat and finished appearance. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the pre job meeting, for approval a proposed route for hauling of materials for disposal. upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route. 300-2 UNCLASSIFIED EXCAVATION 300-2.1 General [Add the following:]. E-14 Unclassified excavation shall include excavating, removing, hauling' and disposal of all material including asphalt concrete pavement to the subgrade elevations indicated on the plans as required to construct the new improvements. Removal of concrete shall be made at the locations shown on the plans, or as specified in the field by the Engineer. Concrete shall be removed to clean straight lines by saw cutting. The areas and quantities shown on the plans are given only for the Contractor's aid in planning the Work and preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedent over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the hour Engineer. 300-2.9 Payment [Add the following:]. Unless directed otherwise by the Engineer, stockpiling of removal material will not be allowed in or around the project site. Said payment shall also include full compensation for all required saw cutting of removal areas. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, WHEEL CHAIR ACCESS RAMP, AND DRIVEWAY 303-5.5 Finishing. 303-5.5.4 Gutter [Add the following:]. 303-5.9 Measurement and Payment [Add the following:]. Payment for sidewalk shall be per contract bid unit price. Such price shall constitute full compensation for required saw cutting, removal and disposal of existing sidewalk E-15 Location Index DISTRICT 165 16521 Le Grande Ln. DISTRICT 189 6782 Crist Palma- Dr. 6792 Crist Palma -Dr. 6562 Luciento Dr. 6681 Luciento Dr. 6552 Segovia Cr. 6561 Segovia Cr. DISTRICT 434 19561 Helena Cr. 8661 Salt Lake Dr. DISTRICT 436 9631 Innsbruck Dr. 9611 Telhan Dr. 9531 Warburton Dr. 9532 Warburton Dr. 9562 Warburton Dr. 9592 Warburton Dr. 9681 Woodlawn Ln. DISTRICT 445 20241 Adrian Cr. 20242 Adrian Cr. DISTRICT 446 20031 Big Bend Ln. 20132 Big Bend Ln, 20212 Big Bend Ln. 20232 Big Bend Ln. 9782 Cathay Cr. 20451 Everglades Ln. 9551 Olympic Dr. 9571 Olympic Dr. 9642 Olympic Dr. 9852 Vicksburg Dr. 9552 Yellowstone Dr. 9531 Zion Cr. 9551 Zion Cr. DISTRICT 455 9141 Colbreggan Dr. 9172 Colbreggan Dr. 20952 Crestview Ln. 9381 Fireside Dr. 20552 Minerva Ln. DISTRICT 456 9622 Caithness Dr. 9642 Caithness Dr. 9652 Caithness Dr. 9842 Chance Cr. 9832 Dragon Cr. 9541 Erskine Dr. 9542 Erskine Dr. 9582 Erskine Dr. 9561 Friars Court Dr. 9582 Friars Court Dr. 20752 Hunter Ln. 9762 Kite Dr. 9851 Kite Dr. 20811 National Ln. 20901 National Ln. 20672 Queens Park Ln. 20682 Queens Park Ln. 20661 Reef Ln. 20742 Skimmer Ln. 20781 Skimmer Ln. 20782 Skimmer Ln. 20811 Skimmer Ln. 20832 Skimmer Ln. 20852 Skimmer Ln. 20821 Sparkman Ln. 20832 Sparkman Ln. 20852 Sparkman Ln. 20861 Sparkman Ln. 20862 Sparkman Ln. 20872 Sparkman Ln. 20901 Sparkman Ln. 20912 Sparkman Ln. 20931 Sparkman Ln. 20951 Sparkman Ln. 9941 Star Dr. 20801 Woodlea Ln. 20851 Woodlea Ln. 20861 Woodlea Ln. 9572 Zetland Dr. DISTRICT 457 20951 Spindrift Ln. 20922 Surge Ln. Page 1 of 2 Appendix 1 Location Index DISTRICT 464 21292 Yarmouth Ln. 21311 Yarmouth Ln. 21322 Yarmouth Ln. 21332 Yarmouth Ln. 21352 Yarmouth Ln. 21362 Yarmouth Ln. 21371 Yarmouth Ln. 21401 Yarmouth Ln. DISTRICT 476 21881 Seaside Ln. 21911 Seaside Ln. Page 2 of 2 Appendix 1 ocOr A rC" Cl // / 0 ' -1 Mona J c-nnoM Tn CI'110C' /10 I •T Tn //1/A/T (PANEL SIZES MAY VARY) �� A _ 3 1 (TYP.) BOX DIM. 3 J W VARIES 2 I W 4 o(TYP.) TYP. 6" MIN. CURB AND GUTTER PLAN A RI�4„ (TYP.) :a ll.l UTILITY BOX .I - III 2•• NOTE: NO SPLITTING PANELS. - I , • I _ , (SEE GEN. NOTE 2) 4 1 III. T-a , TYP. p" 0 aYa •.aa a •�•�w:w:aa o� 6" MIN. 4 (TYP.) NOTES: SECTION A -A 1 #4 REBAR SHALL BE INSTALLED WHENEVER UTILITY BOX OCCUPIES MORE THAN 709 O OF SIDEWALK DIMENSION 'D' LOCATION OF UTILITY BOXES SHALL BE ADJACENT TO CURB UNLESS OTHERWISE APPROVED ON PLANS. BOX AND LOCATION SHALL BE DETAILED. PEDESTALS AND OTHER ABOVE GRADE OBJECTS SHALL BE SHOWN AND LOCATED BY DIMENSIONS TO THE NEAREST 0.1' 3� SA W CU T OR REMO VE TO EX/S TING JOIN T OR SCORE LINE. 4 ALL UTILITY BOXES SHALL BE PLACED ON A COMPACTED 6" MIN. PEA GRAVEL OR CRUSHED 3/4" ROCK BEDDING. WATER METER BOXES EXCLUDED. SPECIAL PROVISIONS: 1. CONCRETE SIDEWALK SHALL BE A MIN. OF 5' IN WIDTH & BE SAW CUT PERPENDICULAR TO CURB FACE & REMOVED PENDING DISCRETION OF THE CITY INSPECTOR. GENERAL NOTES: 1. UTILITY BOX PLACEMENT SHALL BE 1' MINIMUM FROM THE SCORE OR JOINT, OR CENTERED W/ THIN THE PANEL. 2. THE LIMITS OF SIDEWALK REMOVAL IS TO THE DISCRETION OF THE CITY INSPECTOR. J. ALL USA ALERT MARKINGS SHALL BE REMOVED FROM WORKS/TE UPON ' COMPLETION. APPROVED: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS CITY ENGINEER STANDARD PLAN DATE: October 3. 1994 UTILITY BOX DETAILS 21 I APPENDIX II APPENDIX III RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorize Advertisement for Water Meter Box Replacement Project (WSC 014) COUNCIL MEETING DATE: July 6, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: RFB:DEM:RFO