The URL can be used to link to this page

Home My WebLink AboutNOBEST, INC. - 2005-08-01RECEIVED B1" (Name)- Z-16-o6 (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh i Freiden``riic—ch, City Treasurer FROM: DATE: A0 zo� SUBJECT: Bond Acceptance f I have received the bonds for &- iJ 0, (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (Coup it Approval Date) Agenda Item No., 7— City Clerk Vault No. #27 g:/followup/bondletter doc RECEIVED BBC: (Name) z= (Date) ly CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh reidenrich, City Treasurer f FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for s �)c) (Corn any Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. L Approved 6j(' Agenda Item No. (Council Approval Date) City Clerk Vault No. n/n -ba0,. 90 #27 g:/followup/bondletter.doc City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNMIGTON BEACH TO: THOSE LISTED HEREON FROM: James Jones, Maintenance Operations Manager DATE: February 1, 2006 SUBJECT: Retention Release Payment Company Name: Nobest, Inc. Address: P.O. Box 874 City, State and Zip Code: Westminster, CA 92684 Phone Number: (714) 892-5583 Business License Number: A186848 Local Address: N/A Notice of Completion Date: December 28, 2005 Contract Purpose: Reconstruction Of Moonlight Drive, Hillsboro Drive And Oaktree Drive, Mse 428 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subLect at this time. 2�Zf� 2 Date Robert F. Beardsley, Publfe'Works Director I certify that there are no outstanding invoices on file. .7- 7 -o b Date Freidehrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Jason J. Churchill P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Torn Daly, Clerk -Recorder 111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE 2006000006502 02:45pm 01/04/06 212 143 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CAS " 92648, that the contract heretofore awarded to Nobest Incorporated who was the company thereon for doing the following work to -wit: Reconstruction Of Moonlight Drive, Hillsboro Drive And Oaktree Drive, Msc-428 That said work was completed December 28, 2005 by said company according to plans and specifications and to the j satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 28, 2005, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Contractors Bonding and 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 December 28, 2005. erector of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this December 28, 2005. Director of Public Works or City Engineer City of Huntington Beach, California 0 N08EST, INC. P.O. Box 874 *111iminter. CA 92084 City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VI1 of the Civil Rights Act and Equal Employment Opportunity Act of 1972 1 Gentlemen: The undersigned, contractor on: ,SC $ t^fT' 17R, I LS_t v.6% DA�p Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. 7,) . APPROVED AS TO FORM JE,NWFER XrGRATH. CttyAttoM y. I Sutton City Attomey 1 Z' `% CJ-3 g:followup\cashconflcashcon 1.doc procedure #14 0 • DECLARATION OF SATISFACTION OF CLAIMS state: Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: M S c - W Zg M LVk)Li r i. AK,'r7 and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") declare under penalty of perjury that the foregoing is true.and correct. Executed at GAkn "::z'-% on this /Cs day of Nib (Location) g:followuplcashconticashcon2.doc procedure #15 ,200(o N1FER WGRATH, Citymtoraey arab .Sutton 12� f 3 eputy City Attomey I RECEIVED BY: (Name) fDate) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh i Freidenriic�ch'', City Treasurer FROM: [�S DATE: A /0/0 SUBJECT: Bond Acceptance I have received the bonds for kd&�S A) C, (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Ar Approved r1j- /,m� (Coon ►7 AppFro va/ Date) e,c jv-,A �-/ - - Agenda Item No. City Clerk Vault No. LM itit/P • i #27 gJfollowup/bondletterAoc MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That. Nobest Incomorated Bond No. CF, 3424 as Principal, and Contractors Bonding and Insurance Company , a corporation organized under the laws of the State of Washington and authorized to do a surety business in the State of California as Surety, are held and finely bound unto the City of Huntington Beach in the sum of Three hundred fifty thousand three hundred sixty six and 851100 Dollars ($ 350,366.85 ). lawtul money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves. our heirs. executors. administrators. successors and assigns. jointly and severally, firmly by these presents: SEALED with our seals and dated this January 9.2006 WHEREAS. on the . the said Nobest Incorporated as contractor, entered into a contract for Reconstruction of Moonlight Drive, Hillsboro Drive and Oaktree Drive. Msc-428 for the sum of Three hundred twenty three thousand six and 33/100 Dollars (S 323.006.33 ): and. WHEREAS. under the terms of the specifications for said work, the said Nobest Incorporated is required to give a bond for Three hundred fifty thousand three hundred sixty six and 85/100 Dollars (S 350.366.85 ).to protect the against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until a period of one year Now. THEREFORE, if the said Nobest incorporated of the completion and acceptance of same by said Nobest Incorporated shall for a period of one year from and after the date replace any and all defects arising in said work whether resulting from defective materials or defective workmanship. then the above obligation to be void: otherwise to remain in full force and effect. Linda D. Coats. Attorney in Fad ORSC 22518(4-43) 9 . ACKNOWLEDGMENT State of : California County of Orange On / — / 0 — D lP , befpre me Kay E . Anderson/Notary Public Date Narne and Tide of Officer (e.g., "Jane Doe, Notary Public'') personally appeared Larry Nodland Name(s) of Signer (s) L KAY E. ANDERSON COMM. #1579W3 n NOTARVPMIC CALIFORMA 0 ORAME couNTr MYCAWM Fps w>e 13, 2009 Place Notary Seal Above �] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal of CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange on 'JAN 09 2006 personally appeared before me, Christine M. Rapp, Notary Public NAME, TITLE OF OFFICER ® Personally known to me - or - ❑ �SE��'rhf CHRISTINE M. RAPP C4 COMM. # 1494518 X Q _ NOTARY PUBLIC•CALIFORNIA CA ORANGE COUNTY IV �qu�o My Comm. Expires JULY 9, 2008 Linda D. Coats NAME OF SIGNERS) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciiy(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVWUAL/OWNER ❑ CORPORATE OFFICER TTFLF(S) ❑ PARTNER(S) ❑ LIlVIITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) DESCRIPTION OF ATTACHED DOCiFMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT KNOW ALL LIEN BY THESE PRESENTS that the Company does her+�hy maker constitute and appoint the following: Aoumas A. RAMP and l,INDA D. COATS its true and consenter releases acid other similar docu�rtenta requ red by an obligee under a a contract bonded by the Company. This appointment is made under the authority of �> the Zoard of, Directors of the company.------------------- ----- - is--- ---- - - -- ---- ----- - - -- -- --- --- - - g - - Oo000�� `I��OANo0o0 �Id ab600�•� d01! Oe�p oo �Id 3� O o.� 1' 064 uo0 V 64 e0 0 4oP6i o00o e9n'-V < •.• iR4 0 0 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: 113012006 Project/C.C. No.: MSC 428 Regarding: Reconstruction of Moonlight, Hillsboro, and Oaktree ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: See Description Item # Copies Pa es Description 1 1 1 Notice of Completion 2 1 1 Certificate of Compliance 3 1 1 Satisfaction of Claims 4 1 4 Maintenance Bond 5 1 j These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Attached are the final documents for MSC-428. Please contact me at extension 5042 with any questions you may have. c: file By: Churchill, Street/Facility Supervisor DADocumam AND SmTNGs\cHuxcxp\MY DOCUMENTS\GRANTS AND CON RAcn\CONTRACTS\STREM\TRU PMMON\CONPRACr\MSC 428\TRANsmnTALRNAL MSC 428.DOC L] V L1 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR REPAIR AND/OR REPLACEMENT OF SIDEWALKS, CURB AND GUTTERS, TREES AND DRIVEWAYS AND ASPHALT OVERLAY THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NOBEST, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as repair and/or replacement of sidewalks, curb and gutters, trees and driveways, and asphalt overlay 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 complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered 05agree/nobest const I 0 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. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public 05agree/nobest const 2 Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. 05agree/nobestconst 3 0 • Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Twenty Three Thousand Six Dollars and Thirty Three Cents ($323.006.33), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within sixty (60) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and 05agree/nobest const 4 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 prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the 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 05agree/nobest const 5 by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 05agree/nobest cons[ 6 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 05agree/nobest const 7 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 05agree/nobest const 8 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 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 05agree/nobest const 9 in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof 05agree/nobest const 10 0 0 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 at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 05agree/nobest const I I 0 • 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. 05agree/nobest const 12 0 0 CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. 05agree/nobest const 13 0 Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 05agree/nobest const 14 9 0 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 05agree/nobest const 15 0 0 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 %2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 05agree/nobest const 16 PJ 0 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal _document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: Mike Lewis Nobest, Inc. P.O. Box 874 Westminster, CA 92684 05agree/nobest const 17 9 0 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 05agree/nobest const 18 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 05agree/nobest const 19 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 05agree/nobest const 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers (WS% % 2005. I\ralIM1O -Ord By: 3)- Robert Nodland, Secretary REVIEWED AND APPROVED: Cit Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California '"';F 0) rI APPROVED AS TO FORM: i City Attorney °Sy�Dh doI INIT ND A OVED: Director o ublic orks,/ L /�I-1- 05agreelnobestconst 21 ACKNOWLEDGMENT State of : California County of Orange On August 15, 2005 ,before me Ray E. Anderson/Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland & Robert Nodl and II Name(s) of Signer (s) }:. Place Notary Seal Above fig] personally known to me (] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal 3 - x SECTION C PROPOSAL for the RECONSTRUCTION OF MOONLIGHT DRIVE, HILLSBORO DRIVE, AND OAKTREE DRIVE MAINTENANCE SERVICE CONTRACT # 428 - - 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 sixty (60) 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 If awarded the Contract, thdersigned agrees that in the event oAke default in executing the required contr and filing the necessary bonds and Alrance 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 40 Z&/0 in the amount of $ /l /s which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 M* - 428 Project Bid Sched�e -- za - _a ,fi:ry 'Pacts,.- pryer REMOVE/DISPOSE OF PARKWAY TREES 1 43 AT S,,r #u•a.Je_eJ -a&s-S PER EA. (iQl!"j.� REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) SD ?i 712.�' 2 11808 AT PER SF PARKWAY EXCAVATION i• 5© 22r1�D`— 3 14760 AT (o!(e,tr ,L�b PER SF REMOVE/REPLACE IRRl ATION SYSTEM IN PARKWAY Z�alar_% 4 18 AT 7 p 40AddtC PER EA. Ata 200• 3,1&06 REMOVE/REPLACE WATER METER BOXES 5 47 AT LL-6 Z)e>/1Ays PER EA. �d- 2 35-0oG REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) S(X Da PER LF � fin• 00 6 2952 AT Mkvl REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) � 5,1 Z. �, 3 00 7 2952 AT o �flcc/s �i C-� PER LF REMOVE/DISPOSE OF P.C.C. DRIVEWAY `�wa PER SF a, Z• a^ 1, 8 4690 AT �lk. REMOVE/DISPOSE OF EXISTING CROSS GUTTER ' `�.`� 9 2646 AT Tj lJU dtairs PER SF REMOVE/DISPOSE OF SPANDRAL AT %1,cld t'�llc� �s PER SF �d °G ��2'' 10 1476 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan w 202)-- 11 2952 AT !l PER LF CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 12 4690 ATXJ 1,-e Zl�,/(� Prs PER SF CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 11808 AT ? µK9E L6ffQ As PER SF CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT) A41K FI l�ilw/S TON 37 �i g�'3• 14 73.062 AT µe 41 LIrt PER 135, CON TRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 2 PER EA. �, s= -s cQ 15 6 AT 1VtNC 04*/ g1& 1 CONSTRUCT SPANDRAL (per Standard Plan 205) Z PER SF � 5 16 1476 AT /M&rs f CONSTRUCT CROSS GUTTER (p r Standard Plan 205) 17 2646 AT �27v,e Z fA v!5 ` E PER SF S JH S'S•3• FURNISH/INSTALL ROOT BARRIER AT EACH LOCATION (per Standard Plan 718) Z i&,oZ PER EA. 04 /M °= 18 47 AT PLACE NEW PARKWAY TOP %�L AND RESEED J31.b ad 1 S 000. 19 50 AT %fjr�C�v%�/�ayS PER C-2s MSP 428 Project Bid SchedA FURNISH, EXCAVATE & PLANT TREE (per Standard Plan 714) Sl PER EA. 20 47 AT of COLD PLANE ,c 21 11880 AT PER SF j; q FURNISH AND IN TALL PETROMAT 22 35640 AT -6vl w PER SF , 3, sC. y. ONE & ONE-HALF INCH OVERLAY 9 23 320.76 AT Sevle'K PER TON 71, � 2.2, %73 ADJUST WATER VALVES c7 AT �� !�0' 41aV3 PER EA. 24 6 K7/` ,Ir-e� ADJUST MANHOLES AT w1z;isi�z`"3 PER EA. oc- 35D, m 25 4 PREPARE PRE -CONSTRUCTION CORNER RECORD AND FILE WITH APPROPRIATV AGENCIES G611 PER EA. l S� c ? �O, 26 5 AT PREPARE POST -CONSTRUCTION CORNER RECORD AND FILE WITH APPROPRIATE AGENCIES 2�. ac l ZOD _ _.. 27 6 AT D c'l6% %�� PER EA. Total Amount Bid in Figures: $ 03 23 00 . 33 Total Amount Bid in Words: e_ o CCK C-2s IOT 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 Z . ouKd�r�k r t4-2- By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NCOLLUSION AFFIDAVIT TO BE EXEC BY BIDDER AND SUBNIIWITH BID State of California ss. County of Orange being firs duly sworn, de oses and says that he or she is -of � C' , the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not. directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Address of Bidder ��,��,��r �z�� Subscribed and sworn to before me this day of 20 d wew +� TAVNIMINWIN se�Nw ONWOLM NOTARY PUBLIC NOTARY SEAL JW JTILITY 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 RECONSTRUCTION OF MOONLIGHT DRIVE, HILLSBORO DRIVE, AND OAKTREE DRIVE, MAINTENANCE SERVICE CONTRACT # 428 (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C-s Contractor Title -*1 DISQ10I.IFICATION QUESTIONNA#E 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 LR No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENI&TION INSURANCE CERTIFfWTE 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: 7- WOOW- C-7 Contractor Title UNORGROUND SERVICE ALEF* 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 1-800422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: D)> D� A 3� sQ, l �27xic . Contractor Title Date: -7/ Z AjabL 7 q>gA1,6 Note: This form is required for every Dig Alert Identification Number issued by U&A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. - C-8 OWDER' S INFORMATION i BIDDER certifies that the following information is true and correct: Bidder Name *17 Business Address City, State Zip 5�g3 Telephone Number 3S,6l 2-2 zf State Contractor's License No. and Class 1�1/�- Original Date Issued 7// Expiration Date The work site was inspected by Lf Zeros of our office on 71,0 20 vS The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared�tisfy the Council of the City of Hon Beach of its ability, financially or otherwise, top orm the contract for the proposed NTrk and improvements in accordance with the plans and specifications set forth Company Name Signature o r Printed or Typed Signature Subscribed and sworn to before me this LK day of NOTARY PUBLIC O .lisw arwo� GWAW �i6.w �w+�►sw NOTARY SEAL Listed below are the names, address d telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 5Zt2:�-A7 � 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work IDate Completed C-10 NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. COUNTY OF LOS ANGELES DEPT. OF PUBLIC WORKS Project: Curb Ramp Replacement Contact: Ray Green Phone: (626) 458-3122 3. CITY OF HUNTINGTON PARK Project: Street Resurfacing Contact: Pat Fu Phone: (323) 582-6161 Ext. # 253 4. CITY OF MANHATTAN BEACH Project: Pavement Rehab. Contact: Mike Guerrero Phone: (310) 802-5355 5. CITY OF GARDEN GROVE. Project: Concrete Replacement - Contact: Joe Gomez Phone: (714) 741-5385 $1,052,000.00 $ 342,500.00 $ 400,000.00 $ 647,700.00 $ 222,000.00 Bond No. Bid Bond The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we NdVA IWo120"ted as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws ofthe state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($ 10°/u ), 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 Reconstruction of Moonlight Drive, Hillsboro Drive and Oaktree Drive 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 30th day of June 2005 Witness Witness ORSC 21328 (5/97) Linda D. Coats Attorney-inract 9 i ACKNOWLEDGMENT State of : California County of Orange On % —1 `2. -- BS , before me Kay E. Anderson/Notary Public Date Name and Tide of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland Narne(s) of Signer (s) (g] personally known to me (] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal comm. W►rWPWW Oft M�Yeomn OPAMM COURN eow.,No.u�aoo. of Notary Place Notary Seal Above CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On JUN 3 0 zoos personally appeared before me, Christine M. Rapp, Notary Public NAM£, TFnZ OF OFFWM Linda D. Coats ® Personally known to me - or - ❑ CHRISTINE M. RAPP- n C COMM. # 1494518 X i NOTARY PU$UGCAUFORNIA X ORANGE COUNTY °boa+ My Comm, Expires JUIY 9, 200E � NAME OF SIGNERS) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behaff of which the person(s) acted, executed the instrument. WITNESS my hand and official n C (SIGNATURE OF N ARn OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVWUAIJOWNER ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LMMD ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTM(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RLL\VIE o lit I AMP _ems a : 1 se' � on /f _ a � � \ �! \ ��. a CITY OF HUNTINGTON BEACH ALaf 2000 MAIN STREET CALIFORNIA 92648 August 30, 2005 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 Attn: Mike Lewis Re: Repair and/or Replacement of Sidewalks, Curb and Gutters, Trees & Driveways and Asphalt Overlay — MSC428 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the Droiect 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 at 536-5432.. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g: followup\cashcont\cashcon-letter. doc 1 Telephone: 714-536-5227 ) DECLARATION OF SATISFACTION OF CLAIMS - state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or, items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") declare under penalty of perjury that the foregoing is true:and correct. Executed at on this day of 20_ (Location) g:followup\cashcont\cashcon2.doc procedure #15 (Signature of Contractor) A PPROvEDAS TO FORM VNJIFERMcGRATH,cKYAuomY nz!�torney 0 • City of Huntington Beach Department of Public Works 2000 Main StreetlP.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 1 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM V cGRATH, CityAtmrney on torney 1 Zl y g:foUowup\cashconticashoon1.doc procedure #14 0 0 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sha6f reidenrich, City Treasur FROM: r7 �'� DATE:' SUBJECT: Bond Acceptance I have received the bonds for 40,0es, ,J c (Co any Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. (/ MSC No. b Approved (Council Approval Date) Agenda Item No., City Clerk Vault No. /1%® �� • 90 #27 g:/followup/bondletter doc Ond # CE 3424 Premium: $3.230-00 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable_ CONTRACTOR (Name and Address): OWNER (Name and Address): Nobest Incorporated City of Huntington Beach 7600 Acacia Lane 2000 Main Street Garden Grove, CA 92641 Huntington Beach, CA 92648 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): Contractors Bonding and Insurance Company Date: 111 Pacifica, Ste. 350 Amount $323,006.33 Irvine, CA 92618 Description (Name and Location): Construction of Moonlight Drive, Hillsboro Drive, and Oaktree Drive BOND APPR VEDnS TOF ,R>4Date (Not earlier than Construction Contract Date): August 15, 2005 ��" C JENNIFER McGRATH, Ctty Attorney Amount: $323,006.33 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company Nobest Ini Signature: Name and Titi . Tarry i land — (Any additional signatures appear 4 page 2.) 'FOR INFORMATION Only- Namik Address and Telephone) 4GENT or BROKER: Coats/Rapp Surety Services 23461 South Pointe Dr. Ste 345 ® None SURETY Seal) Company: Laguna Hills, CA 92653 Ph:949457-1060 Fax:949-457-1070 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns o the Owner for the performance of the Construction Contract, which s incorporated herein by reference. ' If the Contractor performs the Construction Contract, the Surety and he Contractor shall have no obligation under this Bond, except to par- icipate in conferences as provided in Subparagraph 3.1. 1 If there is no Owner Default/ the Surety's obligation under this Bond hall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con- sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, H any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and 13C 22119110-93) Contractors Bondmg and Insurance Company ❑ See Page 2 (Corporate Seal) Signature: "' ' 1 Name and Title: Doug A. Rapp Attorney in Fad OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terns of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with perfornance 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 excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractors default; or Page 1 of 2 0 4.4 Waive its right to perform and complete, arrange for completion, Or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount Is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 6 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 Contractors 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 Surety Is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are speci- fied in the Construction Contract. actual damages caused by delayed performance or non-performance 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 Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 0 accrue on this Bond do any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be Instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor ceased worldng or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shalt be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been 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 statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contactor Default: Failure of the Contractor, which has nether been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12A Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. The above obligations in the said amount shall hold good for a period of one (1) year after completion and acceptance of the said improvements in accordance with the Contract Documents. (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) 'ONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) .'.ompany: Company: Address: Address: ne and Title: Name and Title: Signature: Signature: ORSC 22119 (10-93) Page 2 of 2 0 LI ACKNOWLEDGMENT State of : California County of Orange On August 15, 2005 before me Ray E. Anderson/Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared harry Nodland Name(s) of Signer (s) .y 1- -�= • _ .r • .;,a Place Notary Seal Above �] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal CALIFORN[A ALL - PUIASE ACKNOWLEDGMENT State of California Coun#y of Change on AUG 15 2005 before me, A.P. Coats, Notary Public MAW, MIZ OF OFFICER personally appeared Douglas A. R_W NAME OF SIGNMS) ® Personally known tome -or - A.P. COATS COMMA 498f 45 0 m N0r aw w I* d My Term Ewi* 2. 2000 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/stWthey executed the same in his/her/their authorized capacity(ies), and that by hisilwAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS 7 and O cial Seal. (MGNA7URE0FN0TAR1) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIIKED BY SIGNER ❑ INDIVIDUAIJOWNER ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIDS M ❑ GENER! ❑ ATTORNEY-w-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ oTmL- SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ETTTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT only ° o°° � °e o¢ o e o� °p°eoa o°a oa�viva°eo`eo'oo°o�'► o o yu° _ i�°e oo e o °®sq oo J o �®ro oa e p ®co,°po 0 0�j O°0O0 L°0�0°d4°°q0°a°�rti Oi 00°0°t°Or�O°000000°°�O°O0°0°P°J0°O�Or C°60°O°0°b�e° 0°d0°90 O�CQ 9'd P°d ldo®A° a°0°0°00°°0®4p 09P,00°0°COq°°00°9°d0°O� °Oe4e0 O00 �eoeop°�0e°e9SQ ®p Ca 00°0Of°peep°OQ 00od Opq®qy°g00°94 pOsep°000600°p0�gpe0Pe00°s'Ov0-°pPp006°°°se°4 PS po 04^.®°�op04�00°°®c°°OOO do°0 °p0 i0o°q'°�p 0p 00400°e�q°CP OOe°^r�q C0e0a005 aqp°P PQPe06°9SPv9e¢ap P6°OpP PPPdP°6p,ro°�99°O�PPPp9p6ppo°FC P�PeP�9°GPe pCisP°COPQeQPpO°P°0°P°m°oQe PQPe5Pi4PPP°S °s'°°Op QQPQOPOP6Pp°p°oi°°@j PQPPPQS`6;e�q ��o^e SPPP'v°^.�LP6 E°osc°0e 4PCQP°PPPP6 o°o"q°0P°PPPpr`S9PGd80°cia �P Q?08ee°e°4°°aeQ° p°o°°e°d °PPpPFPPpppe° °Paa4ip9hPP°oPP4alPHPP°'`PPiv�r94ptP°'°QPPPPfiiiPv°PP° °pPQPNfiPf°Pei°�°PiiPPB9Pia°'°a�RPPrPr9aaa'°a°RP9P4ipls°a°`°oP99iCR46a°°tp0 iiPPV9lo°4'°` °'„°`� �° q� �llliLll!!i®l!!lildld',®�4�Yl I11!'I®,IIIII RI I,®,ie411FlFs®sullluf,��111lluu�u!ul�:�,�,:u4!ut:®Auuuut,O�VP,,,u„n,P�PO,P,P��;P;}i4,B,gP�;a °atf unaltered original of this Power of Attorney document is valid -'A valid original of this document is printed c paper with black and red ink and bears the seat of Contractors Bonding and Insurance Company (the "Comp inal document contains a watermark with the letters "chic" embedded in the paper rather than printed upon A appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document Then the document is held to the light. This document is valid solely in connection wtth the exeeution and delis ype indicated below, This documenil the>$oard of Dreetors of the:, - ------ ----- ---------- - y: --- - - -- -- - - - - ----- -- - - - - __'- - -- --- - - --- -------------- -- - - - - - -- - - - -- -- - - - - - - - - - - - - - - - --- ------- --- ---- - --------------=-------------- ----------------------- --------- ------ - - - - - - - - - -- --- ---- ---- ------ ------ - -- ---- - - --- -- --- ------ -------- - -- oo°pe$°p9 yq�0p°ae �4 o Oe0 � ao �o a>eee A 0 e°OCJJp � �° dove qeo 0 ey � 0'd0 a Rel F • A# CE 3424 PAYMENT BOND Premium: 1 hided The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Nobest Incorporated Contractors Bonding and Insurance Company 7600 Acacia Lane I I I Pacifica, Ste. 350 Garden Grove, CA 92641 Irvine, CA 92618 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: Amount $323,006.33 Description (Name and Location): Constriction of MoonW Drive, Hillsboro Drive. and Oaktree Drive BOND Date (Not earlier than Construction Contract Date): August 15, 2005 Amount 5323,006,33 Modifications to this Bond: ® None CONTRACTOR AS PRINCIPAL Company: Nobest Ina Jame and and — ❑ See Page 2 SURETY VED AS TO ORM SEAN IFER WGRATH, ity Attorney (Corporate Seal) Company: (Corporate Seal) Contractors Bonder and Insurance Company FOR INFORMATION ONLY —Name, Address and Telephone) %GENT or BROKER: CoatslRapp Surety Services 3461 South Pointe Dr. Ste 345 aguna Hills, CA 92653 Ph:949457-1060 Fax:949457-1070 The Contractor and the Surety, jointly and severally, bind them - elves, their heirs, executors, administrators, successors and assigns r the Owner to pay for labor, materials and equipment furnished for se in the performance of the Construction Contract, which is incor- orated herein by reference. With respect to the Owner, this obligation shall be null and void if ie Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use In the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, hens or suits to the Contractor and the Surety, and provided there is no Owner Default. AM respect to Claimants, this obligation shall be null and void if s Contractor promptly makes payment, directly or indirectly, for all ms due. [he Surety shall have no obligation to Claimants under this Bond until: Signature: - Name and Title: s A. Rapp All y in Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 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 sub- stantial accuracy, the amount of the claim. 4.2 claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished 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 Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. IC 22114 (7-0) Pagel of 2 5 If a notice required by Paragraph 4 is given by thr to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- lion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance 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 obli- ;ations of the Contractor and the Surety under this Bond, subject to he Owner's priority to use the funds for the completion of the work- ) The Surety shall not be liable to the Owner, Claimants or others for 3tigations of the Contractor that are unrelated to the Construction contract. The Owner shall not be liable for payment of any costs or mpenses of any Claimant under this Bond, and shall have under this 3ond no obligation to make payments to, give notices on behalf of, )r 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, pur- hase orders and other obligations. I 1 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location n which the work or part of the work is located or after the expiration if one year from the date (1) on which the Claimant gave the notice equired by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last abor or service was performed by anyone or the last materials or .quipment were furnished by anyone under the Construction Con- ract, whichever of (1) or (2) first occurs. If the provisions of this IODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or prohile by law, the minimum period of limi- tation 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 statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to fumish labor, materials or equipment for use In the performance of the Contract. The intent of this Bond shall be to include without limi- tation 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 Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract The agreement between the Owner and the Contractor identified on the signature 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 Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. ipace is provided below for additional signatures of added parties, other than those appearing on the cover page.) ONTRACTOR AS PRINCIPAL ompany: (Corporate Seal) SURETY (Corporate Seal) Company: nature: Signature: me and Title: Name and Title: ress: Address: Page 2 of 2 ACKNOWLEDGMENT State of : California County of Orange On August 15, 2005 , before me Kay E. Anderson/Notary Public Date Name and Tide of Officer (e.g., "Jane Doe, Notary Public'') personally appeared Larry Nodland Name(s) of Signer (s) F v 01 A OWSM .coumtj;aoa Place Notary Seal Above personally known to me (] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal CALIFORNIA ALL - PURAE ACKNOWLEDGMENT State of California County of Orange On AUG 15 2005 before me, A.P. Coats, Notary Public NAME, MIZ OF OFFICER personally appeared Douglas A. Rapp NAME OF SIGNER(S) ® Personally known to me - or - Proved to me on the basis of satisfactory evidence to be the 0 person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/stWthey executed the same in his/her/their authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the A.P. COATS�1 person(s), or the entity upon behalf of which the person(s) m worCOMYMM•-•149 155 acted, executed the instrument_ ORMU cum f My; m '�*"- * 2. W wnNESS/iftv hand and official seal. (SIGNATURE OF OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVWUAIJOWNER ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(s) ❑ Lllvll m ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTHY(IFS) DESCRIPTION OF ATTACHED DOCUMENT TTILE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT ,V,010 6 � MWf VN insurers 17J 0 Page I of 1 MMIA -Search- Company Profile CONTRACTORS BONDING AND INSURANCE COMPANY P0BOX 9271 SEATTLE, WA 98109-0271 800-765-2242 Former Names for Company CONTRACTORS BONDING AND INSURANCE Old Name: COMPANY DBA CBIC BONDING AND Effective Date: 12-31-1992 INSURANCE COMPANY Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the. _Abe...nt_for Service of Process? Reference Information NAIC #: 37206 NAIC Group #: 0000 California Company ID #: 3000-7 Date authorized in California: May 31, 1985 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact http://www.insurance.ca.gov/docs/FS-Insurer.htm 8/18/2005 CERTIFICAT DATE /12 'ACORM PRODUCER (949)852-0909 Milestone Insurance Brokers P.O. Box 19598 8 Corporate Park, Ste 130 Irvine, CA 92623-9598 FAX ( 852-1131 y► . / p� I• /S� "To�O eLeAK Mu4,r d0d51 THIS CERTIFICATE ISMUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Nobest, Inc. P.O. Box 874 Westminster, CA 92684 to//� s INSURER A: Westchester Surplus Lines Ins. INSURERS: Hartford Fire Ins Co 19682 INSURERC: A.I.G. Insurance Company INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR NDD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY GLW782728 10/01/2004 10/01/2005 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50 a 000 CLAIMS MADE ERJ OCCUR MED EXP (Any one person) $ 5,000 AT:: PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY M PROJECT LOC AUTOMOBILE LIABILITY 72UUNUS6289 10/01/2004 10/01/2005 COMBINED SINGLE LIMIT x ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS $500 COMP DEDUCTIBLE BODILY INJURY SCHEDULEDAUTOS 1,000 COLL DEDUCTIBLE (Per person) $ B BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) APP OVED TO F PROPERTY DAMAGE $ � O (Per accident) GARAGE LIABILITY D lZ McGRATH, City A ttomey AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY BE0839306 10/01/2004 10/01/2005 EACH OCCURRENCE $ 2,000,000 OCCUR D CLAIMS MADE AGGREGATE $ 2,000,000 C $ $ DEDUCTIBLE X RETENTION $ 10,000 $ WORKERS COMPENSATION AND WC STATU- R S1 0ITH- LIMIT R EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER ontractors Equipment 72MSUS7964 10/01/2004 10/01/2005 Limit $100,000 Special Form B eased/Rented $ 1,000 Deductible ui ment DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS roject/Job: MSC-428 Construction of Moonlight Drive, Hillsboro Drive and Oaktree Drive ertficate Holder is added as Additional Insured per Additional Insured/Primary Wording CG20101185 aiver of Subrogation Applies -Except ten (10) days notice of cancellation for non payment of premium. City of Huntington Beach Attn: Jason Churchill (City Corp. Yard) 17371 Gothard Street Huntington Beach, CA 92647-6202 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL iAX6 MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, D(XOWJOMXKXKMY4)()68aca &dooEifaXxl>Xixuxx AUTHORIZED REPRESENTATIVE Catherine Sariana/CAS ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) COMMERCIAL GENERAL LIABILITY Policy Number: GLW782728 Carrier: Westchester Surplus Lines Ins. Expires: 10/01 /2005 THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers and employees MSC-428 Construction of Moonlight Drive, Hillsboro Drive and Oaktree Drive (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respects to liability arising out of "your work" for that insured by or for you. The insurance afforded to the Additional Insured is primary. If the Additional Insured has other insurance Which is applicable to the loss on an excess of contingent basis, the amount of the Company's liability under this policy shall not be reduced by the existence of such other insurance. APPROVED AS TO FORM JENNIFER McGRATH, City Attorney CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 0 • POLICY # GLW782728 Westchester Surplus Lines Ins. THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: Name of Person or Organization: SCHEDULE Name of Person or Organization: Blanket as required by written contract If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. This waiver shall not apply for occurrences resulting from the sole negligence of the person or organization shown in the schedule. • SG CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-12-2005 GROUP: POLICY NUMBER: 8653043-2004 CERTIFICATE ID: 24 CERTIFICATE EXPIRES: 10-01-2005 10-01-2004/10-01-2005 CITY OF HUNTINGTON BEACH SG JOB:MSC-428 17371 GOTHARD STREET HUNTINGTON BEACH CA 92647-6202 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 policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - LARRY NODLAND PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1600 - ROBERT NODLAND VICE PRESIDENT SECRETARY - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER NOBEST, INC. SG PO BOX 874 WESTMINSTER CA 92684 [B10,SG] (REV.2-05) PRINTED : 08-12-2005 Council/Agency Meeting Held: D Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Ci le 's Anti - Council Meeting Date: 8/1/2005 Department I umber: PW b5-054 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE C �LBRE�TGF�FT,ADMINISTRATOR PREPARED BY: PAUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS SUBJECT: Award Contract for the Reconstruction of Moonlight Circl , Oaktree Circle, and Hillsboro Circle, MSC-428 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids have been received for the reconstruction of Moonlight Circle, Oaktree Circle, and Hillsboro Circle, MSC-428. Staff is requesting authorization to award the construction contract to Nobest, Inc., the lowest responsive and responsible bidder. Funding Source: Measure M Funds in the amount of $390,000 have been designated for this purpose, Account No. 21390004.82300. The engineer's estimate for this project was $335,000. Recommended Action: Motion to: 1. Approve the project specifications; 2. Accept the lowest responsible bid submitted by Nobest, Inc. in the amount of $323,006.33 for MSC 428; and 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Do not authorize award of this contract and direct staff on how to proceed. C-7 -`l REQUEST FOR ACTION MEETING DATE: 8/1/2005 DEPARTMENT ID NUMBER:PW 05-054 Analysis: The project will consist of the construction of street improvements on Moonlight Circle, Oaktree Circle, and Hillsboro Circle. These streets are the next three on the Street Tree Petition List. The streets are selected for repairs in order of the date the petition was received. Construction will include removal and replacement of the parkway trees; new construction of the sidewalk, curb and gutter; and a new asphalt -wearing surface. Bids were opened publicly on July 12, 2005, and are listed in ascending order: 1. Bidding:. Nobest, Inc. Amount $323,006.33 2. Excel Paving $440,501.72 3. Alliance Street Works $456,053.92 4. Elite Bobcat Service $458,920.27 Staff has performed a reference check on Nobest, Inc. and received acceptable responses from past clients. The City has also had positive experience with this contractor's past performance. Staff recommends that the City Council accept the bid from Nobest, Inc., the lowest responsible bidder. Public Works Commission Action: The Public Works Commission reviewed and unanimously approved this project on June 15, 2005. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): G:\R C A\2005\05-054 August 1 Jones (Award MSC-428).doc-2- 7/20/2005 3:35 PM 0 ATTACHMENT #1 i 0 " -q(,A PLG CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 1 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. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city consU4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 • CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT as set forth CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within �) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agreedorms/city const/4-03 4 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 prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agreedorms/city const/4-03 5 9 9 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city conshl4-03 6 • 0 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agreedorms/city const/4-03 7 9 0 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. 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 agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 0 0 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 sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city consU4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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 at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 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 harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code. §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 9 0 24. TERMINATION FOR CONVENIENCE CITY may tenninate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city consd4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/forms/city consd4-03 17 TO CONTRACTOR: 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city consU4-03 18 9 0 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agreedorms/city consU4-03 19 0 0 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 0 0 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR print name ITS: (circle one) Chairman/PresidentNice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/city consd4-03 21 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 0 0 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1.4. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. STATE OF WORK; ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 11 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 ENTIRETY 20 0 ATTACHMENT #2 Edinger Ave. 711iz !flit 7= 7i ism (SHPG. OTR) faun z� 77a (GLENDALE r+r_r�rnetl � _160Y1- 1�t]3 r Slue"Is Dr. 5 I 'Q 1111711. louque# tar. �AL Heil Ave, 1L131. 7WI Y81$4 14is1rdy CAC.- FIRE ' STA. iW21 I Moonlight Circle 1A062 iW1 14"2 14is2 idOSi 14802 YP I 3 Ivory City Wow llr,�) m HELEN F. STACEY SCHOOL ADA L. CLEGG J.H. SCHOOL I ♦1� Cortez fir:- rk1s2 i'°63 Mar Vida [fir. _i 2 t 2 wri t ?'2 -- 1d 14PI 14PR 1401 - i402 14VI IAM 1IW4 -- UVI 14UI hi 02 iidll dW02 iC001' 1 9adOt - 1d002 s Sss01 t+6e f 'Sj:. 16052 1400t 14002 -'i41»Y7 ta012 1401 1#4/112 t �77 ppy1 1 @# 14C82 1i001, tsbp2l 1AOB! k 2 1 2 iM1L9f Um 14 , 1�92 1909! 1,"2 1AW _: 141p1 44,W F �+pp�##{'tf■a71 �3 f+�qF l pf ' ,A Dr. t 1r061 1 02 t '_ 2 3i06t fA 32 itDDi. i ,_ WC90t i t.,, -, i0902 Y�Qi 1ip02 F44G ., 1401% iR812 14011 11012tR 14V 1012 i4$t1 t4112 i421Y --� i't; -'.1, C � -. 1471 tWH F.. 140i2 -148i2 �S, 1401 i4942 -` i iml # ulai 14. 1103t � t+1962 - �Ii1Kii � ,... 14i31 }�I1731 1+tY92 (c7€7r"rII1. W4i 1iiltl 5sg4't iiijll - t --'1 2 lY4t# Y4iN2 i+fpit 14'ad? "Y4fµ1 fAW 5+W1, 14M V441 1wZ 4 1iQ73 /+py-�t� l+Ril T fl..) Um 1dgS� sow - - 1APS2 -ifV96 2 1061 1 E 14W 11052 140.i 1f1F$2 -- i1061 -1IY32 1661- f j 1{01 ,a@T2 0. C_ ' F. D. � Boisa Ave,, Oaktree Circle • 0 II! 4n9f , ''' Ismi9m .9092 i a - 15M 197rY;' - }_�g 19102 BEACHWCCD VILLAGE 9,1 ,014 r a d tk, r. Af'TS, 9i2 % 121 Heatherton C.tr. ]913 1 731 19132' 1914r.. f9142 - •- - - oT a - m d a. & Vetard6 far. lot . 191$2 #dyda Park Dr. f9172 ri_. yryy Ny yy� ry$ � m r97$1 19i422-. - m s S %abr 19202 - - EDISON R1W EDISON R/W ` 19222- U"j 19241' t9242 g+ e3 Sn-' a '$. sA' 1 { -1967 m - Kropp Dr. . ,sxa 9272 i't9n, i 1117t rs r ca f t92a1 r929$- - TALI3ERT SCHOOL -.11Y[91. 19292. 19i7r 14272 t92Ti- 19372 1927% � 4%m 48 -t9291 Ism 19291 Msa 1W9t 19292` 1929r t9282 -� � � tom19291 'E9361 1$302 ��111 q �y �y H �i71�,i-Bi1J'1Bf'17'k�� -393t31 993a2 1&101. t9302 iwm r9302' 19001 - � Q� rn i9302 i9311 193t3 --'t1 19371 993f2 193it- - 193t2 19311 -. 19�12 .. 1931.1 - R Dr. � Ktov"I11Dr. t9332 1mi � 1, ( M9i21 - 19322 19321 - t9322 19321 193i � �, � 11� 94 - 9331 19331 1- 93 1931_ 193 193t t1p934t 19Y C 132 11342 Y94tl 'k 792 19341 79K 19341 19t 1891 19342 -93 to= ism,, 199t t1w 951 a -49351 t Biane1. CA - -_ 193rf 19M2 i9391. 193V %9391 -:ggar it'd 193G1 � 19i82-. 19841 �- 19391 F " N f5d$t - 58362 - t93Ti. 14372 - -19371 t9372 MIS. l9372 M7t, i9$91 ,19M Mot. t9392 lout - - ism19491: 1$i@2- lout - 19Tr1 A- lwt - - 1 4402 14391 - 19392 ISM 1$392: 1939t 1939t ' i'ar@Ft Or. - rabhaM Dr.- 19411 1&A27 19441 19422 - - yy�� y�y1 16112 - 191 1949Y 1940,1.. 1902 19401 1939f -'r _ 19422 - 1941t %M 1"21- ISMU421' 1949r g y_t yy_ 19521 gg _ + 19452 -19431 Ia $ A 19131 A di $ 19452 194+11 - Ar6k Dr. Grand Dr. xl�- York own Ave. Hillsboro Circle 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Contract for the Recontruction of Moonlight Circle, Oaktree Circle, Hillsboro Circle, MSC-428 COUNCIL MEETING DATE: August 1, 2005 ' RCA ATTAGHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ Signed in full by the City Attorne Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ ❑ Approved as to form by City Attorne Certificates of Insurance (Approved b the CityAttorne y Y) Attached Not Applicable ❑ Impact Statement (Unbudget, over $5,000) hed Not AttacApplicable El ❑ Bonds (If applicable) AttachedNot Applicable ❑ ❑ Staff Report (If applicable) AttachedNot Applicable ❑ ❑ Commission, Board or Committee Report If applicable) p ( pp ) Attached Not A licable ❑ ❑ Findings/Conditions for Approval and/or Denial pp Attached Not Applicable El ❑ EXPLANATION FOR I SIN ATTACHMEN+JT$ . Administrative Staff Assistant City Administrator (Initial City Administrator (Initial) Citv Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: Jones (Churchill) C� PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: JUNE 23,30,2005 JULY 7,2005 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on JULY 7, 200 at Costa Mesa, California. Signature SECTION A NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF MOONLIGHT DRIVE, HILLSBORO DRIVE, AND OAKTREE DRIVE MAINTENANCE SERVICE CONTRACT # 428 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor', 2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 2.00 PM on July 12, 2005. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefund- able fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered' into pursuant to this notice will incorporate the provisions of the. State Labor Code. Pur suant to the provisions of the tabor 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, Hun- tington Beach, CA 92648. The AGENCY will de- duct a 10% retention from all progress pay- ments. The Contractor may substitute an es- crow holder surety of equal value to the retention in accordance with the provisions of the California Govern- ment 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 re- sponse to this notice and will not be dis- criminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be con- sidered unless it is prepared on the ap- proved Proposal forms in conformance with the Instructions to Bidders. The bid must be ac- companied 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 Busi- ness and Professions Code .and shall possess a State Contractor's License Class at the time.of the bid opening. The successful Con- tractor and his sub- contractors 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 advise- ment for a maximum period of 60 days. BY ORDER of the PUBLIC WORKS COM- MISSION of the CITY OF HUNTINGTON .BEACH, CALIFORNIA, on the 15th day of June 2005. Published Huntington Beach Independent June 23, 30, July 7, 2005 064-910 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) SECTIONA The AGENCY will de- duct a 101 retention I am a Citizen of the United States and a NOTKEINVITNIG from all progress pay - ments. The Contractor SEALED BIDS may substitute an es - resident of the County aforesaid; I am For the crow holder surety of over the age of eighteen years, and not a RECONSTRUCTION OF MOONLIGHT DRIVE, tthe Fe ention inuaccordance with the provisions of parry to or interested in the below entitled HILLSBORO DIUVE, AND ment aCfode, ornia S ction matter. I am a principal clerk of the p p OAKTREE DRIVE . MAINTENANCE SERVICE The Contractor shall . shall be beneficial owner BEACH INDEPENDENT, CONTRACT #428 receivesuretany an f theHUNTINGTON tereslt a newspaper of general circulation, in the CITY OF thereon. The Yhereby HUNTINGTONBEACH affirmatively ensures printed and published in the City of PUBLIC NOTICE ISthat GIVEN minority business enterprises be! Huntington Beach, County of Orange � HEREBY that the CITY OF'HUNTINGTON as AG BEACH, as AGENCY, will afforded full opportunity' to submit bids in re - State of California, and that attached invitee sealed bids for the 'above stated spouse =to this notice and will not be dis- Notice is a true and complete copy as protects and will receive such bids in the office th e b against on the basis of race, color, of the City Clerk, Second national origin, ancestry, was printed and published in the Floor, 2000 Main Street, sex, or religion in any Huntington Beach, Cali- consideration leading to Huntington Beach issue of said fornia 92648, up to the the award of contract. hour of 2:00 PM on July No bid shall -be co newspaper to wit the Issue(s) of: 12, Bids will be prepare unless it is on the publicly open in the Council Chambers unless prepared ap-, proved Proposal forms otherwise posted. Iin conformance with the Copies of the Plans, Instructions to Bidders. Specifications, and The bid must be ac- contract documents are companied by a certified available from the Office check, cashier's check, of the Director of Public or bidder's bond made JUNE 23 i 20 i 2005 Works, 2000 Main payable to the AGENCY Street, Huntington I for an amount no less JULY % 20Q5 i Beach, CA 92648, upon' payment of a $25.00 than 10% of the amount bid. The successful nonrefundable fee if bidder shall be licensed picked up, or payment in accordance with of a $45.00 nonrefund- provisions of the Busi- able fee if mailed via ness and Professions U.S. Postal Service, Code and shall possess FedEx, UPS or any other a State Contractor's declare, under penalty of perjury, that delivery service. Any contract entered License Class at the time of the bid opening. the foregoing is true and correct. into Pursuant to this notice will incorporate The successful Con - tractor and his sub - the provisions of the contractors will be State Labor Code. Pur- required to possess suant to the provisions business licenses from Executed on JULY 7 , 2005 of the Labor Code of the State of California, the the AGENCY. The AGENCY reserves minimum prevailing rate the right to reject any Costa Mesa California. of per diem wages for' all bids, to waive any at f each craft, classification it irregularity and to take or type of workman all bids under advise - needed to execute the ment for a maximum contract shall be those period of 60 days. ' determined by the BY ORDER of the / / Director of Industrial) Relations of the State of California, which are on PUBLIC WORKS COM- MISSION of the CITY OF HUNTINGTON BEACH, Signature file at the Office of the CALIFORNIA, on the 15th Director of Public Works, day of June 2005. 2000 Main Street, Hun- Published Huntington. tington Beach, CA 92648. Beach Independent June 23, 30, July 7, 2005 064-910 Engineer's Estimate: $ �3ff Da --- BID LIST BMDER-S NAW RAAW . TOTAL BID A 00VTr -d - �3 DO 23 4. �-��r a $ `3 . 6 D 5. $ 6. $ 7. $ 8. $ 10. $ 11. $ 12. $ 13. $ 14. $ ROLVCITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: June 20, 2005 ProjectlC.C. No.: MSC 428 Regarding: Reconstruction of Moonlight, Hillsboro, and Oaktree ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Ca ies Pa es Descri Lion 1 1 1 Notice inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For reviewicomment ❑ Other: Remarks: On June 15, 2005, the Public Works Commission authorized the advertisement of the Reconstruction of Moonlight Drive, Hillsboro Drive and Oaktree Drive; MSC 428 Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 6/23, 6/30, and 7/7. The bid opening is scheduled for 7/12 @ 2:00 PM. Please contact me at extension 5042 with any questions you may have. c: file By: rchill, Street/Facility Supervisor DADOCUM .r-m AND SETTINGS\cHuxcHU\Mv Docurwm\GRANrs AND CoxreAcrs\CONTRACTS\Srnm\TRa FrrmoN\CONTRACT\MSC 428\NISB TxANsmrrAL TO CuRR 428.Doc 17Y kiL SECTION A 0usf-1 NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF MOONLIGHT DRIVE, HILLSBORO DRIVE, AND OAKTREE DRIVE MAINTENANCE SERVICE CONTRACT # 428 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on July 12, 2005. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. 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 PUBLIC WORKS COMMISSION of the CITY OF HUNTINGTON BEACH, CALIFORNIA, on the 15th day of June 2005. 6�COAJ S / aA-J ©IC- 00^) [./ 6174-7- v� C.lZ w FO�BCITY OF HUNTINGTON BEACH 2000 Main Street P.O Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: July 14, 2005 Project/C.C. No.: MSC 428 Regarding: Reconstruction of Moonlight, Hillsboro, and Oaktree ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ElShop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies Pages Description 1 1 16 Nobest, Inc. - Original Bid Proposal 2 1 31 Excel Paving - Original Bid Proposal 3 1 22 Alliance Street Works - Original Bid Proposal 4 1 1 27 Elite Bobcat Services - Original Bid Proposal 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Returning Bid Results Please contact me at extension 5042 with any questions you may have. c: file By: Jason Churchill, Street/Facility Supervisor DADOCUMENTS AND SE *nNGS\CHURCH1j\MY DOCUMENTS\GRANTS AND CONTRACTS\CONTRACTS\STREETS\TREE PMM0N\C0NTRACT\MSC 428\TRANsMrrAL TO CLERK 428 BID REsuLTS.DOC