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POWELL CONSTRUCTION COMPANY - 1988-03-01
CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION MU%;TuaGTO'q BEACH To ROBERT J. FRANZ From ACC'OUN'riNG & RECORDS Deputy City Administrator p Subject 10% RETENTION Date �" o C '� The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed. Psyment of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. AN T. VIt4.FLLA Director of Finance I certify that no stop notices are on file on the subject contra t at this time. L Date: LOUIS F. S NF)OVAI, Public Work Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. r Date: CONNIE BROCKWAY City Clerk i I certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer 0574J DECLARATION OF SATISFACTION OF CLAIMS I , Powell Construction Company , state: Name of Contractor 1 . I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled CC-546 and dated March 1, 1988 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" ) See Attached Letter Dated May 25, 1989. I declare under penalty of perjury that the foregoing is true and correct. Executed at Fontana on this 14 day of June , 1989 //2z xg� ature of Contra tor ) POWELL CON.A WlCrION INC. YA WO LWAULN li;;; ONX v- 1, PO IQX 1.106 M-ly ".'5, 1989 _ ;':-City of Huntington Beach 2000 M,i i n 5 t ree t HuW.IngLon Beach, CA IJ2648 Attj): Don Noble Ike : Brooklitirst St. Bridge widermiq, CCY S46, oub/I 121 Sir- AS discljsst.-d in our, May 19 , 1989 MeOLIH() , C-11CIOSCA PIP,'ISO. t l ,il, Hie I L linjLu Complekjd is d i ret.t -d Vie ktihini t t.jii L-:,i imal.,: ior, 1)r 1) 1 iw I - i i i,?i i t, w i L I i t I i foI I n vi i i i g L i o r i s 1 . L'o9tract Change Order r-4(). is Linacce,-A-1t w'j s reLurned misityied oml should r�-flecL m (1djusLim'im, of C_U1hj)eW)dt1U11 of f 14 01)1 .00 rather than $32 .6/8.00. r ;.:1t,, lEirl.fJlf n r No. 19 is was j 2. Contract Change Ord( -eLurried unsigned (iml should r(:flect I'l d dj u Lmell t of -143.00 CO111j)e11Sdt1O11 Of $12,443.00. - 3. Our letter, dated lebruary 24 , 1989 rc(ja r-ding the Pi le 11ammer Delay is compensrible and should he paid as a Ontract Change Ortivr- f(ir 1. $3 , 759.73. 4. Our letter dated Felruir y 27, 1989 rL"J1)t'(Ij11,j the sheet pj It- -repair is comperisa )Ie aml should be p1lid as d Contract Uianoe Order for -f $22,,1l,'13-00 ( InChjdt:s d(WILIOnil Geo1- 011 (ledlict) 71- S. All engineering charges not requestr_Lj I)y JJS Lire noL acceptable. Item 3 and 4 deductions. -53.23 TO I Ad.a i_A Please be aware that we have f i fed c I (i lin for monies due i n (Aw oimA.Iit 0� $96,6S3.23. If dupllcaLe Copies of previously SubantLed mformal.ioii cil rJrly additional information is rufluired, please contacL us as soon as ptissilde. VL,r,y truly Your DWjj f Enclosure City of Huntington Beach Department of Public Works P. O. Box 190 Huntington Beach, California 92648 Attention: Subject : Certification of Compliance with Title VII of. the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on — �;Q-5 b _ _ Br4okhurst meet II5.1J4�__-_._-_ Project No. Title hereby certifies that: all laborer,;, mechanics , apprentices, ti-alnees , watchnen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , --1;id that the work performed by each such laborer , mechanic , appren'_ ice or- trainee conformed to the classifications set forth in the contr,lc:L or training program provisions applicable to the wage rate paid . Signature and 'Title )/�-�'� � j .�����lC'r Office Manager RECORDING REQUESTER RECORDED MAIL TO: ''' 89 302877. rr_r,nti w RECORDED IN OFFICIAL RECORDS CITY OF HUNTINGTON BEACH OF ORANGE COUNTY CALIFORNIA Office of the City Clerk EXEMPT P. 0. Box 190 C 4 3:30 J U N 8 1989 Huntineton Beach. Calif. 926AP PM. NOTICE OF COMPLETION aD Q Y3ta*zeZ RECORDER NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council --of -- the City of Huntington Beach, California to POWELL CONSTRUCTION COMPANY. 1031 E. BROOKS STREET ONTARIOXAL'IFORNIA 91762 who was the company thereon for doing the following work to-wit: construction of improvements for lengthening and widening of Brookhurst Street Bridge, and'Brookhurst Street between Pacific Coast Highway and Talbert Channel D-02 in the City of Huntington Beach, California, Project CC-546. That said work was completed by said company according to plans and specifications and to the satisfaction of the. City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on June 5, 1989 That upon said contract the FIDELITY & DEPOS'IT COMPANY OF MARYLAND was surety for the bond given 'by the said company as required by law. Dated at Huntington Beach, California, this 6th day of June 19 89 . Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) BY Dep y a � County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this 6th day of June 19 89 . This document is solely for the official business of the City Connie Brockwa of Huntington Beach, as contem- City Clerk and ex-off cio Clerk plated under Government Code of the City C6uncil of the ler Sec. 610�3 and should be recordod of Huntington Beach, California City free o! charge. BY D, p u y - ��� �. REQUER FOR CITY COUNC�/ ACTION Date june 5. 1989 Submitted to: Honorable Mayor and City Council ZOD BY CITY COUNCIL J �� Submitted by: Paul E. riool<, City Administrato4b r 19. i x Prepared by: Lochs E. Sandoval, Director of Public Wnr'<s �/�/N1� CJXIT,._ C K K Sub*t: BROOKHURST BRIDGE WIDENING & LENGTHENING: CC-546 nM I7 � Rp h Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: .10 STATEMENT OF ISSUE: The construction of the Rrookhurst Bridge Widening and Lengthening project is complete per the approved plans and specifications. RECOMMENDATION: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion. 2. Authorize the Director of Public Works to approve Chanqe Orders exceeding $50,000.00. ANALYSIS: On February 16, 1988, Council awarded z construction contract to Powell Construction to widen and lengthpn the Brookhurst Bridge, north of Pacific Coast Highway. The contractor cornpleted the project on March 6, 1989. During the past several months, the Citv and the contractor have not been able to reach an agroomnnt on several payment itc-ns. Furthermore, the contractor has stshmitted several claims for extra work which have been denied by staff. It's apoarent at this time that these unresolved issues will he the subjer_t of an arbitration hearing or lawsuit. However, the project is complete and a final payment has been processed per CalTrans' instructions. Therefnre, the Iirector of Puhlic �"forks recommends arcentance of thn irnprove,nr,nts and requests that thfa Notice of Completion be filed by the City Clerk. The following is a summary of contract costs: Approved Expenditures Crnrncil APDroved to Date l Jnresolvpd Issues Contract Amnunt. $1,972,535.00 $1,983,027.62 (1) Const. Contingencies 197,253.00 55,614.58 (2) Claims & or Disputed Work N/A A $95,804.00 (3) Fngineering Fees N/A 12,768.20 (4) Total $2,169,788.00 2,038,642.20 $98,572.20 i , j PI O 5/85 X-17! 46 Request for Council Action Brookhurst Bridge Wideninq & Longtheninq; CC-546 June 5, 1989 Page 2 (1) Actual field quantities for: removal of existing A.C. berm, removal of existing A.C. pavement; sawcuttincl of A.C. 'pavement; installation of: aggreclatr' base, A.C. pavement, curb/gutter, concrete barrier, retaining wall, concrete and reinforcing bar, and chain link fencing were greater than rstimated. (2) ;Council approved a budget of $197,253.00 for construction continnPncies; however, the Director of Public Works cannot approve continqencv expenditures exceedinq $50,000.00 without Council authorization, therefore, it is recom!nended that such authorization he granted as contingencies, to date, total $55,614.58. (3) A substitution of spiral wire for re-')ar was rnade prior to the construction of the bridge piles. Based on this action, the City reauested a credit of $32,678.00: however, the contractor has requested an additional payment of $14,091.0f). Rote: This issue will be resolved through arbitration or litigation. Should the City lose, the contractor could be due the entire $46,769.00 O.n. the $32,678.00 crr-dit withheld from his final payment plus the $l 4,091.00). Secondly, the contractor has requested $39,035.00 for disputed work (i.P. $12,443.O0 for retaining wall pile delay, $22,843.00 for sheet pile repair and $3,759.00 for pile hammer delay). Staff has denied these requests and most likely, this issue will be combined with Item 3 above for final resolution. (4) Contractor failed to achieve the reouired tolerance on placement of sheet piles. City agreed to accept pile placement provided project could be re-engineered. Project was re-engineered and the City has bark-charged the contractor for engineering costs. This item is also disputed by the contractor and remains to he resolved. FUNDING SOURCE: Because this project included both widening and lengthening the bridge, the City, Federal Highway Administration and the Countv of Orange will share the costs. The City and the Federal Highway Administration will divide the costs of wideninq on a 14'/86% basis. Based on this percr'ntage split, the City's share will he approximately $1,16,750.00. The county will nav all costs associated with lengthening. ALTERNATIVE ACTION: Reject acceptance of project until the issues of extra work and claims are resolvers. ATTACHMENTS: None LFS:[7RN:lw 2072q CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 9264$ OFFICE OF THE CITY CLERK March 1 , 1988 Powell Construction Co. 1031 E. Brooks Street Ontario, CA 91762 RF : Construction of Brookhurst Street Bridge Improvements , Project CC- 546 Enclosed is your hid bond, a copy of the executed contract with the City of Huntington Beach, a Certificate of Compliance form and the Declaration of Satisfaction of Claims. The Certificate of Compliance Form and the Declaration of Satisfaction of Claims MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETE BUT PRIOR TO THE RELEASE OF RE TEN1 [ON f UNDS. In addition, the fol lowinq item must_ also be on file, with this office, hefnre 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 warding for a one year warranty, then a rider or separate bond must be Fubmitted. Should you have any yuest ;ocs or concerns regarding the enclosures or : toms that must be can File in this office prior to release of- retentior, funds, please call Don Nobie, Contract .administrator, 536-5441 . Alicia M. 1.4e'ntwnrth [ at � f�lE�tk . t: Don Noble, Public Works Dept. EncIoSUrP.s: Flirt 13ond Crish Wntract. Cent. , f trnQ of Compl tanrr! Duclara0un car %at1 nfnc:tion ctf Clain,:, Mlephonr 114-63852V) • C1TYF HU NTINGItN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK "larch 1 , 19301 Advanco Constructors Div. of Zurn Constructors, Inc. P. 0. Box 1210 1500 W. Ninth Street Upland, CA 91785 We are returning your bid bond which was submitted with your proposal for the Brookhurst Bridge Improvements , Project CC-546, in the City of Huntington Beach. The contract for this job was awarded to Powell Construction of Ontario. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:b t Enc. (Telephone 714-536-55227) U10 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 1 , 1988 McCutcheon Construction Co. 2345 Guasti Road Ontario, CA 91761 We are returning your bid bond which was submitted with your proposal for the Brookhurst Bridge Improvements, Project CC-546, in the City of Huntington Beach. The contract for this job was awarded to Powell Construction of Ontario. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M•. Wentworth City Clerk AMW:b t Enc. (Telephone: 71453"2 27 i FEDERALLY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND POWELL CONSTRUCTION CO. ti FOR THE LENGTHENING AND WIDENING OF BROOKHURST BRIDGE AND BROOKHURST STREET BETWEEN PACIFIC COAST HIGHWAY AND TALBERT CHANNEL D-02 (CC-546) THIS AGREEMENT is made and entered into on this day of Z, _ 19dg, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California , hereinafter referred to as "CITY, " and POWELL CONSTRUCTION CO. , hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the lengthening and widening of Brookhurst Bridge and Brookhurst Street between Pacific Coast Highway and Talbert Channel D--02 , in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor , plant , tools, equipment , supplies , transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements , from any unforeseen difficulties which may arise or be encountered in the prosecution of work , and for all other risks of any -1- description connected with the work , including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work , except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However , the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet ( s ) . 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined ) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY . It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein , and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . -2- "Contract Documents" as defined herein mean and include : A. This Agreement; B . Bonds covering the work herein agreed upon; C . The 1985 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; E . The particular plans, specifications, special provisions and addenda applicable to the PROJECT . Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications , shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications , special provisions, or addenda , the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW" ) , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 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 -3- an acceptance of the terms of said bid or proposal which is in conflict herewith . 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement , subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, the sum of One Million, Nine Hundred and Seventy-Two Thousand, Five Hundred and Thirty Five and no/100 Dollars ($1 ,972 ,535 .00 ) as set forth in the Contract Documents, to be paid as provided for in Sections 1 , 6 , 21 and 22 herein . 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten ( 10 ) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred and eighty (180 ) working days from the execution of this Agreement by CITY, excluding delays provided for in Section 19 herein . 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate -4- v 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 Section 4 herein. 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work , CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change . Should the DPW not agree to such cost proposal , the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted -5- 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 the CONTRACTOR by CITY . CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued . In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability . 8 . BONDS CONTRACTOR shall , prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR 'S faithful performance of the work and to warrant. such performance for a period of six ( 6 ) months after CITY 'S acceptance thereof , and one in the amount of one hundred percent (100% ) of the contract price to guarantee payment of all claims for labor and materials furnished . 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including , but not limited to, any installation, fabrication, material or structural facilities constructed . CONTRACTOR, within ten ( 10 ) days after notice by CITY of any defect in the work , shall have the option to make appropriate repairs or replace the defective item or items. Upon r -6- expiration of such ten ( 10 ) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense . 10 . CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code Sections 12900 et seq. 11 . CALIFORNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement , and the same has been set forth by resolution on file in the office of the City Clerk of CITY . CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public works Agreement, as required by California Labor Code Sections 1771 and 1774 . In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12 . CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to Section 11 of this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall , as a penalty to CITY , forfeit twenty-five dollars ($25 .00 ) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular -7- y craft or type of work . 13 . CALIFORNIA EIGHT-HOUR LAW California Labor Code, Article 3, Chapter 1 , Part 7 (Sections 1810 et seq. ) shall apply to the performance of this Agreement; thereunder , not more than eight (8 ) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by it hereunder , shall not require more than eight (8 ) hours of labor per day or forty hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815 . CONTRACTOR and each subcontractor employed by it hereunder shall , in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14 . CALIFORNIA EIGHT-HOUR LAW - PENALTY Pursuant to Section 13 of this Agreement and in accordance with California Labor Code Section 1813 , CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25 .00 ) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight ( 8 ) hours in any one ( 1 ) calendar day or forty (40 ) hours in any one (1 ) calendar week in violation of California Labor Code Section 1815 . 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773 .8 of the California Labor Code, regarding the payment of travel and subsistence payments , is applicable to -8- this PROJECT. 16 . EMPLOYMENT OF APPRENTICES Section 1777 .5 of the California Labor Code, regarding the employment of apprentices , is applicable to this PROJECT. 17 . PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week , and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same . CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general . 18 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses , if any, in connection with the PROJECT. 19 . LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total -9- work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth in Section 4 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 Six Hundred and Fifty and no/100 Dollars ( $650 .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 in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder . CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather , or delays of subcontractors due to such causes. CONTRACTOR shall , within fifteen ( 15 ) days from the beginning of any such delay ( unless the DPW shall grant a further period of time prior to the date of final settlement of the -10- Agreement ) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment , the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen ( 15 ) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof , and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 20 . DIFFERING SITE CONDITIONS ( 1 ) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a ) subsurface or latent physical conditions at the job site differing materially from those indicated in this -11- Agreement or the Contract Documents; or , (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement , whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; ( 2 ) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder , provided, however , the time prescribed therefor may be extended by CITY. 21 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section . The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in -12- • variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 22 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent ( 10% ) will be deducted and retained by CITY and the remainder , less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50% ) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent ( 100% ) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment , if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35 ) days after the acceptance of the work and the filing of a Notice of Completion by CITY . Payments shall be made on demands drawn in the manner -13- • required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work . 23 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest , if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 22 of this Agreement . 24 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material , except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 25 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . -14- 26 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except that which arises out of the active concurrent negligence, sole negligence or sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense . Any costs of defense or attorney ' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to California Code of Civil Procedure § 1021 . 27 . WORKERS ' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861 , CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder . CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One-hundred Thousand Dollars ($100 ,000 ) , at all times incident hereto, in forms and -15- underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall , prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30 ) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 26 of this Agreement . CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation . 28 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, underwritten by insurance companies in forms satisfactory to CITY for all operations , subcontract work , contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all -16- public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One-Million Dollars ( $1 ,000 ,0000 ) combined single limit coverage . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same . Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30 ) days written notice to CITY . CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY . The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner , the premiums on all insurance hereinabove required . 29 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the -17- time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents , CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten ( 10 ) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 30 . DISPOSITION OF PLANS , ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder , or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . 31 . NON-ASSIGNABILITY CONTRACTOR shall not sell , assign, transfer, convey or encumber this Agreement, or any part hereof , or any right or duty created herein, without the prior written consent of CITY and the surety. 32 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . -18- No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 33 . ATTORNEY 'S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement , the prevailing party shall be entitled to reasonable attorney ' s fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled . I€ any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney ' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to withhold, or any similar legal document necessary to the prosecution of such action . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One-hundred Dollars ($100 ) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 34 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be -19- made, at the place of business of such party, or to any other place designated in writing by such party. 35 . CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement . 36 . FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America, and the Contract Provisions embodied in Sections 37-44 are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work , all of the statutes, rules and regulations promulgated by the Federal government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith . 37 . DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform this Agreement . CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 38 . DISCRIMINATION_,_ MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its -20- employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex . CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible . 39 . EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity, " and amended by Executive Order 11375 , and as supplemented in Department of Labor regulations ( 41 CFR Part 60 ) . CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color , religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment . Section 503 of the Rehabilitation Act of 1973 prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers . Section 402 of the Vietnam Era Veterans ' Readjustment Assistance Act of 1974 prohibits job discrimination and requires affirmative action to comply and advance in employment ( 1 ) qualified Vietnam veterans during the first four ( 4 ) years after their discharge and (2 ) qualified disabled veterans throughout their working life if they have a thirty percent (30% ) or more disability. To assure compliance with these requirements, the -21- CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work . The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable . 40 . COPELAND "ANTI-KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act, as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work , to give up any part of the compensation to which he is otherwise entitled . 41 . CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330 ) as supplemented by Department of Labor regulations (29 CFR, Part 5) . Under Section 103 of the Act , each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8 ) hours and standard workweek of forty (40 ) hours . Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8 ) hours in any calendar day or torty (40 ) hours in the workweek . Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to -22- work in surroundings or under working conditions which are unsanitary, hazardous , or dangerous to his health and safety as determined under construction , safety and health standards promulgated by the Secretary of Labor . These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 42 . IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (a ) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 C .F.R. 15 .20 . (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder . (c ) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director , Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities . (d ) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a ) through (d) of this section in every nonexempt subcontract , and further agrees to take such action as the Government may direct as a means of enforcing -23- IGE:NERAL ACKNOWLEDGMENT.0*0.400.009 fr 1 State of California On this the-17 ay of February - - - - 19-M before me, • • S ' Sandra J. Lovell County of San B rnardiLjo the undersigned Notary Public, personally appeared Doyle W. Powell ® personally known to me �. ❑ proved to me on the basis of satisfactory evidence • Oft►ctAL MAL /e - 3 SANWA J LOVELL to be the person(s} whose name(s) is subscribed to tie ; i NO YANY/AKjC.CAUFOrttd within instrument, and acknowledged that 4he cxecutedit. SM LINO MMY WI FNE.SS my hand and official seal. MY t OFM, EXP. MAR, 12,1") Notary's Signature I' (� boo • k such requirements. 43 . ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L . 94-163 ) . 44 . HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. ' 45 . ENTIRETY ILThe foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, A municipal corp ra ' on of the Stat o C if nia r Doyl .Powell, Owner Mayor ATTEST: PPRgVE AS TO FORM: ' • Cie%,sJ� City Clerk Ci Uittorney R ED ND R ED: INITIATW AND APPROVED: 4��ao City Administrator Director of Public Works rf -24- CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 23, 1988 G. B. Cook, Inc. 580 E. Foothill Blvd. Azusa, CA 91702 We are returning your bid bond which was submitted with your proposal for the Brookhurst Bridge Improvements, Project CC-546, in the City of Huntington Beach. The contract for this job was awarded to Powell Construction of Ontario. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enc. (Tslsphone: 714.5365227) del N ISSUE DATE(MMIDDIYY) 2/22/88 PROtiJt)(£R THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ti. NO MKOTS UPON THE CERTIFICATE MOLDER.THIS CERTIFICATE DOES NOT AMEND. `�1 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES MOW. CORROON & BLACK INS. SERVICES _= P CaliforniaBox 90190 COMPANIES AFFORDING COVERAGE - Pasadena, s11r�$-019Q �- ' (818) 796-3888 (213) 681.0400 COMPANY LETTER tic 00MPANY Tasiaraiar-a Company of INSURED LETTER Beaver InsuranceCompany COMP Powell Construction Company LETTER 1031 W. Brooks St. COMPANY Ontario, Ca. 91762 LETTER COMPANY j LETTER o THIS IS TO CERTIFY THAT POUCIES OF INSURANCE LISTED BELOW HAVE BEEN PTO M MUAED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ 1 NOTWITHSTANDNG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUIIIENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY -'I BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. POLICY EAKM PAY E(PTRAnM LIABILITY LIMITS IN THOUSANDS --' TYPE OF INSURANCE POLICY NUMBER OATT IAAOO" GATE Qaymyyl H OCC ENCE I AGGREGATE _-- GENERAL LLMMJTY BOOZY _. X COMPREHE SIVE FORM "AAry $ $ - X PREWES10PERATIONS PARTY X UNRGROUEEXPLOS 3 CMLAPSE "� MFC DI53 34 97 6 5/14/87 5/14/88 oru E $ $ X PROOUCTSCM11PLETED OPERATIONS - X CONTRACTUAL W&M NED $ 1 ,000 $ 1 ,000 X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGA X PERSONAL INJURY PERSONAL INJURY $ - AUTOMOBILE LIABEITY OWLY RAW A X ANY AUTO OR PI!" ,$ ALL OWNED AUTOS(PfW. PASS-] WRY ALL OWNED AUTOS(PRNRPTHA ) FO AMIM $ X MIRED AUTOS X NON-OWNEDAUTOS MFC DI53 34 97 b 5/14/87 5/14/88 SET` $ GARAGE LIABILITY = 9iaPD COMB NED EXCESS LUABILTTY X UWRELLAI" nG 107''46 08 5 11/25/87 5/14/88 ��e0 $1,000 $1,000 OTHER THAN UMBRELLA FORM STATUTOR WORKERS'COMPENSATION I4 AND w00007128 5/14/87 5114/88 $ (FACIA ACCIDENiI EMPLOYERS'UABLITY $ (DISEASE POLICY LIMIT) OTHER -- --.�---iiCn OF OPERATIONSILOCATgNSIVEHICLESISSPECLAL ITEMS Revised Certificate and Endorsement CC-546/ Brookh6rst St. Between Pacific Coast Hwy and Talbert Channel TAI°L_`i!L3AI O -Y7z =1 City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- 2000 Main St. PIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 11 Huntington Beach, Ca. 92648 LEFT.BUT FAQ TO MAIL SUCH NOTICE SMALL BIPOSENO OBLIGATION ORLLA03UTY OF ANY KIW UPON ANY,ITS AGENTS OR REPRESENTATIVES. I AUTHORIZED REPRE TIVE oiYU-6n & B *._ Douglas H. IISTrft�� f ______. -___.� Y,^�_�Y',.� � -- �: '• ._sr_4_'ri_ - _ -.a�u=�iYw�l:f�a�i�7cii�i_�=__-__-__-___�. u,+ (The Attsehisa Clause need be completed only when this endorsement is Issued suhs"Not to preparation at Put policy) G115 LIABILITY ISO G115ADDITIONAL INSURED (Ea ) (Owners or Lessees) This endorsement modifies such Insurance as is afforded by the provisions of the policy relating to the following• COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE This endorsement, effective 2/22/88 ,(12 Ol A M,standard tame) forms a part of policy No MFC D153 34 97 6 issued to Powell Construction Company by Insurance Company of North America .............. ...... .. A~isd Gw It a agreed that 1 The"Persons Insured" provision is amended to include as an inured the person or organiation named below but only with respect to habibty ansing odt of operations performed for such insured by w on behalf of the named Insured. 2 The applicable limit of the company's liability for the insurance afforded under the Contractual Liability Insurance Coverage Part forming a part of this policy shall be reduced by any amount paid as damages under this endorsement in behalf of the person or orgamzabon named below. Name of Person or Organization (Additional Insured) City of Huntington Beach It's Officers and employees 2000 Main St. Huntington Beach, Ca. 92648 Atten: Jack Miller w" Public Works a, see r INS & B.4tF s STATE OF CALIFORNIA ss COUNTY OF San Bernardinr-. 4.t� On thFs _17-- day of _Fk0ary in the year 19�fl, before me, the undersigned. a Notary Public ,n and for said State, personally appeared Idle K. _Powe!1 _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person—whose name— +-•+sFF BEAD subscribed to the within instrument.and acknowledged to me that—he— executed it ' FIOTARV Pv8l1�CALIFORNIA ltro GAHIy WITNESS my hand and official seal MY 014i. EXP. K4R. 12,i991 .� Notary Public in and for said State A°.iLOwI FDGMENI -General-wocoils Form 733ca-96e 5 81 F.ignwotcarrS i N c ,wKec'MeZs STATE OF CALIFOFL41A as: COLMTY OF LOS ANGELES Marcl, ]7 , 1988 On F before me, the undersigned, a Notary Public of said county and state, personally appeared Linda D. Coats Al personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact and acknowledged to me that he (she) subscribed the name on behalf of the corporation therein named as I surety and his (her)own name as attorney-in-fact. ! Witness my hand and official ,Beal. SEALcNsrFTICIAL SEAL +. TINA DURAND gotary Public State of California y' � IIOIARK PUtll1C•ULIFDRMIA � ) ' tOti ANE�ittiS WWf111 • #Ip Commysran Etplref Sept.2,ltit>< 71 i f A STOCK COMPANY -- ESTAHLISMED 1890F .' 6 0 (V M11 t DICIP Offil ��(DMJXVV ,.HOME OFFICE OF MARYLAND BALTI MORE I r A ITUI ELD RS TO FORM:i C1 IL jll-71')i1 CITY A'iTFUZ 8y Falthtal Pertormanee Bond Bond # 6065259 I I Deputy City Attc ey Pubue Word[ Premium: $15,808.00 I 1 (The premium charged on this bond is;____�5:808-00_......being at 1i the rate of;-_25_00/1 5�Q�_____ per thousand of the contract price) 1 i KNOW ALL MEN BY THESE PRESENTS: TsAT, WII6RFAS, the----- Powell Construction Company - - State of California, entered into a contract dated--------------------------------------19------- with ton -------------- -City_ of_Hunti------Beach --------- --------------------- --------------------.-----------------------------------hereinafter designated as the "Principal," far the work described as follows _ Street andbridge improvements- "for construction of - itnpFQy�mnts_ foz<_I.epgh�ting_and _Widening_of _tide �3rookhurs� Street { (FALI-M M0045)-between Pacific Coast-highway and-Talbert- Channel -D 02'_------ --, and WHEREAS,the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. Now,THEREFORE, We, the Principal, and FIDELITY AND ❑FPOSIT COMPANY OF MARYLAND, a corpora- tion organized and existing under the laws of the State of Maryland,and duty authorized to transact business under the laws of the State of California,as Surety,are held and firmly bound unto______________ -Cityr of Huntington Beach l` in the penal sum of One- mi11ion_nine _hundred_seventy-two- thousaq§olt1allyse (=1 g�� 53 0 lawful money of the United States, for the payment of which sum well and truly mac-ee,we bindour- five selves,our heirs,executors,administrators,and successors, jointly and severally,firmly by these presents. 1 THE CONDITION OF THIS OBLIGATION Is SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless the ----------------------------------------------------------------------------------------- its officers and agents,as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. i And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifica- tions accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive - notice of any such change,extension of time,alteration or addition to the terms of the contractor to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this-__-.__-Z -- -_- t day of---Eebrsuary------------------19-BB-- Powell Constructiort. Compan ------ ----- •'------- - ---- --------- -------------- I• Principal FIDELITY,AND DEPOSIT COMPANY OF MARYLAND l.inda__D. Coats Atlorrity-in-Fact •i' - C3173(CAL?-234.7.74 196190 - :� a Formp[y CAL 317]a 1 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE.MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in ft>Poer and effe;IIkgn the date hereof, does hereby nominate, constitute and appoint Linda D. Coats of Rosemead�:` ifornl,,*.:;:.. . . . . . S true and lawful agent and Attorney-in-Fact to make exeeul$ and deliver and on its behalf as surety,and wits act and deed: any and all bonds and undertakings. . .. . . . .;;as: . . . . . . . . .�,`:. ,. And e execution of such bonds or undertakings in uknce of the*'*6sents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they, ,$'een duly,-oeciited and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in, sd'own prok_lbersons. r ';-! The said Assistant Secretary does herebyrcertify that thq.nact set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Comps y and is now7ib`rce. IN WITNESS WHEREOF,the said V sident aulasistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AID-'DEPO �fOMPANY OF MARYLAND, this 24 th day of July , A.D. 19—V 43�ti� r FIDELITY ArO-DkPOSIT COMPANY OF MARYLAND ATTEST: sFJtil N 'U .. , Aae�st,mt. Vice-President STATE OF MARYLAND CITY OF BALTIMORE ss' On this 24th day of July , A.D. 19 87, before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year filet above written. 0 Vf f p07�III�1 c I• Notary Public Com ' o xpires July 1 , 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 17 th day of February , 19 8$ 1 -Tks�-�,� 012-7806 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances, stipulations,policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." L1428b STATE OF CALIFOPUNIA ss: COUNTY OF LOS, ANGELES Or. February 16, 1988 , before me, the undersigned, a Notary Public of said county 'and state, personally appeared Linda D. Coats , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact and acknowledged to me that he (she) subscribed the name on behalf of the corporation therein named as surety and his (her)own name as attorney-in-fact. Witness msut•atl�Jiffc"3i'�s���.. SEAL, t ' %.Lisa L. Hollembaek• • t;�� NOTARY PUBLIC CA1110RN1A= PRINCIPAL OFFICT IN LOSAN(:EIESCOUN1Y = N tar iic - State of Cal ' orria SCaJ • Y • My Commissmi Expires May 3. 1988 GENERAL ACKNOWLEDGMENT aaU23 .........................:................................................................................................... 17 February 88 State of California On this the ay of Y 19—, before me, ; SS. Sandra J. Lovell : County of San Bernardino ' the undersigned Notary Public, personally appeared Doyle W. Powell • ® personally known to me ; ❑ proved to me on the basis of satisfactory evidence ffqOFFICIAL SEAL-. to be the person(s) whose name(s) is subscribed to the NORA J LOVELL within instrument,and acknowledged that he executed it. NY0M::EXP. RY PUBLIC-CALIFORNI IN3 QUQY WITNESS my hand and official seal. NAR. 12.1991 • Notary's Signature 7-_ A STOCK COMPANY — ESTABLISHED 1890 Cb 0 tD i HOME OFFICE: OF MARYLAND BALTIMORE Faithful Performanee 19ond Bond No. 6065259 Public Work n1a (The premium charged on this bond is$---------------------being at n the rate of$--------------/a------ per thousand of the contract price) -KNOW ALL MEN BY THESE' Powell Construction Company THAT, WHEREAS, the-----------:---------------------------------------------------------------- ---------------------------------------------------------------------------------------------- State of California, entered into a contract dated--------------------------------------19------- with ------------------------City_.qt_Ilynt�iUgj:,ctil_§each ----------------------------------------------- --------------------------------------------------------hereinafter designated as the "Principal," for the work described as follows: "Construction of improvements for lengthening and Widening F -fVjifof the Brookhurst Street (FA Yr Ta ---------------------------------------------------------------------------------------------- Channel D-02" The Work installed under said contract is guaranteed against aug - -I-n---afgrppys -o-r----o--zkm-a-n-s-i-p--Tuf-w period of-one _df Ebe_C!Eq-_ an accep ance d tWereo WHEREAS,the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. Now,THEREFORE, We, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion organized and existing under the laws of the State of Maryland,and duly authorized to transact business under the laws of the State of California,as Surety,are held and firmly bound unto---------------------- City of Huntington Beach --------------------------------------------------------------------------____---------------- 1,972.535.00 in the penal sum of__gpp_Iqillion nine hundred se-,;�entv-two_ thousqgdllar T e-hundred--thi�ty-fiv lawful money of the United States, for the payment of which sum well and truly to be made, we bind our- selves,our heirs,executors,administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless J01 the------------------------------------------------------------------------------------------ its officers and agents,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifica- tions accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive P1 notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this_--__17th------------------ day of------February --------------19- o Powell Construc,P_fv'n C y7i!�--------------- ------------------ --------------- Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0 ---------- By------ Linda D. Coats Attorney-in-Fact C3173(CAL)-2M.7-74 196190 Formerly CAL 3173a 7 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND NOW 0"KE,eALTROME,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of land, C. M. PECOT, JR.. Vice-President, and C. W. ROBIBNS r AssistantSeesetary( in pursuanoe of authority granted by Article VI, Section 2, of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Linda D. Coats of Rosemead, ,,,Californi&. . . . . . . . . wf d agent and Attorney in-Fact,to make,exeonte;seal and dell and for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings. ;tl�..,,. . . . . . . . . . . . . . . ;r.,` ,, And theexecution of each bonds or undertakings iEttiisuance of tlieeiy presents,shall be as binding upon said Company,as fully and amply, to all intents and purposes, as if they":Iiad been duly"' ted and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., m-their own proper`persons. The said Assistant Secretary does hereh lv.irtify that i-i'rtract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company; and is now-In force. IN WITNESS WHEREOF,the said,V. Presidents iuk,"istant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY`AND DEf'Q O-bOMPANY OF MARYLAND, this 24th �yof July , A.D. 10X > FIDELITY AND=DEPOSIT COMPANY OF MARYLAND ATTEST: SEAL � ; <•.:. tad ........�.... ................... ..._...__.. ....t.,..i... .. Ase3itaot Secrets:,• vice-President STATE OF MARYLAND CITY OF BALTUME )�: On this 24th day of July , A.D. 19 87 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscrbed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, day and year first above written. „ef Nor=or��o �i f• Notary Public Co ' n zpi*�July 1. 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Thin Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this__J.liith day of y , 19,. 012-7806 — � Asdmtunt Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances,stipulations,policies, contracts, agreements,deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." L1428b GENERAL ACKNOWLEDGMENT CAL-23 `• State of California On this the_17 day of February 1988 before me, ? SS. Sandra J. Lovell • County of San Bernardino the undersigned Notary Public, personally appeared ; Doyle W. Powell • ® personally known to me ; ❑ proved to me on the basis of satisfactory evidence oFFICIAI efAl to be the person(s) whose name(s) i S subscribed to the SANDRA J LOYELL within instrument,and acknowledged that he executed it. • TARY PUBLIC-OALIFORNI • BERMIND MtWrY WITNESS my hand and official seal. 914YFE6XP. NAR. 12,1991 ZI � . otary's Signatureas*SOS SOS 0004060000000.0 • I STATE OF CALIFORNIA SS: ' COUNTY OF LOS ANGELES On February 16, 1988 , before me, the undersigned, a Notary Public of said county and state, personally appeared Linda D. Coats , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fart and acknowledged to me that he (she) subscribed the name on behalf of the corporation therein nrmed as surety and his (her) own name as attorney-in-fact. Witness my h ..nff Dufeieit5►r9ea1. ,.F Lisa L. Hollembaek3 SEAL. p ,NOTARY PUBLIC CAI IIORN:A PRINCIPAL OFF ICE IN ota llc State of California Z LOS ANGELES COUNTY My Commission Expires May 3. 1988 y A STOCK COMPANY— ESTABLISHED 1890 0 0 .YffadDeposja LOMPEW, HOME OFFICE OF MARYLAND BALTIMORE Payment Bond Bond No. 6065259 (Section 3247, Civil Code) ' (Premium included in faithful performance bond) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS-------------------------------------------P0-we'll--- astnisi.tiQ]:1__C.MP.Any-------------------------------------------------------------- ---------------•------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ has awarded to--------------------------------------------City- of Huntington_Beach ------------------------------------------------------------------ -----------------------------------------------------------------------------------------•------------------------------------------------------------------------------------------------------------ as Contractor, a contract for the work described as follows:_____________________________________________________________________________________________ Street and bridge improvements "for construction of improvements for Lengthening and ------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------- -Widening _of the__Brookhurst_Street_ (FAU-M-M0045) between_ Pacific Coast Highway_and Talbert Channel D-0211 AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract,to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law; NOW, THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto the City of Huntington Beach - --------------------------------------------------------------------------------------------------------------------------------------- One million ,nin hundred seventy—two thousand five hundred thirty- i a n ��00's in the amount required y law, the sum of--------------------------------------------------------------------dollars ($__._:�g?_�___--5.$ , for ` which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Act with respect to work or labor performed by any such claimant, that the surety or sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. IN WITNESS WHEREOF, We have hereunto set our hands and seals this---------------l7th-__-____-______________________________ day of..............February ------------19--88 Powell Constr etion Co pany ra , -------------- -------------/------ -------- -—--------------------1 ------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------ l:. Contractor FIDELITY AND DEPOSIT COMPANY OF MARYLAND -------------------------------- Linda D. Coats Attorney-in-Fact CAI.3177f-4M,1-72 189776 a ` . . Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE.B/LLWORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBIBNS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Linda D. Coats of Rosemead',,,,Califort °a.. . . . . . . . . . . . . . . . . . . . . . is ffUiand lawful agent and Attorney-in-Fact,to make,execrite 4 al and deltvet,'for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings .. . . . . . . . . . . . . And e execution of such bonds or undertakiWjs ,,pursuance of thes8 presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if theyhad been duly4xecuted and acknowledged by the regularly elected officers of bl the Company at its office in Baltimore, Md.,tm�tlieir own proper persons. The said Assistant Secretary does hereby at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said ComRany; and is noW�in force. IN WITNESS WHEREOF,the said~Vice=President' Assistant Secretary have hereunto subscribed their names and affixed the 24th Corporate Seal of the said FIDELITY��YND DEPO$I'1�"'COMPANY OF MARYLAND, this day of July , A.D. 19~� _ r FIDELITY ,AIY DEPOSIT COMPANY OF MARYLAND ATTEST: CcA( ._. ....__......_......_. Aesotstant Secr+etery Vice-President STATE OF MARYLAND CITY of BALTTMOItE )�: On this 24th day of July , A.D. 1987 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, day and year first above written. , °�•�`� Notary Public Com ' ion xpiresJuIV 1, 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:'That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 16th day of 5' , 19_. 1 012-7806 (�7 -7—,Lila Assistant Seart ry EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,. . .and to affix the seal of the Company thereto." L1428b rr STATE OF CALIFORNIA Ss. COUNTY OF 1 San_Becnardj no On this __ 17 day of Feb-i ta r-V in the year 19_88 before me, the undersigned, a Notary Public in and for said State, personally appeared Style_[_P_otell R personally known to me 0 cf:TZ for proved to me on the basis o1 satisfactory evidence) to be the person_ whose name— SUDRA J LOVELL is ___subscribed to the within instrument,and acknowledged to me that_he_ NOTARY PUeLl"AL+fORNIA executed It sax 913tt1AFi<NMR own MY OF4i. EXP. MAR. 12,144} WITNESS my hand and official seat ���t � Notary Public �n and for said State P ACMP.CWLECC AfN'—(,tn"jr—Nbc$Ms Form 233LA—Rey :.•F2 '!,M2 W0LCCs•S 'NC 1911.e c4ss 8 2; A STATE OF CALIFORHIA ' es: / COUl Y OF LOS ANGELES Onrf ' ,larch 17 t 1988 � , before ae, the undersigned, a Notary Public of said county and state, personally appeared Linda D. Coats personally known to me (or proved to ae on the basis of satisfactory evidence) to' be the person whose name is subscribed to this instrument as the attorney-in-fact and acknowledged to me that he (she) subscribed the name on behalf of the corporation therein named as surety and his (her) own name as attorney-in-fat Witness my hand and official seal. j S. . N#�,'r T NA DURAND Notary Public - State of California �. NOTARY PU1t.ICIALNGANIR tuS 14N4'iES Co NFY Ayr commrutofr K/ttp Sam.t I$" ..!'4 A�'f/l*-V s' r.k v.MIL, — .n .� A STOCK COMPANY — ESTABLISHED 1890 1)epo%if comipmy HOME OFFICE OF MARYLAND BALTIMORE Faltldnl Periormanee Bond Bond No. 6065259 Pablie Work (The premium charged on this bond is$__-__n�a___ ___,being at the rate of$------------n_a ____ per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: = THAT, WHEREAS, the---------Powell- Construction-Company------------------------------------------ -. ---------------------------------------------------------------------------------------------- State of California, entered into a contract dated--------------------------------------19------- with ------------------- ____ City_ of_Huntington_Beach__________________________________________ ________________________________________________________hereinafter designated as the "Principal," for the work described as follows: "Construction of improvements for lengthening and Widening of the Brookhurst Street---------------------------------------------------------------------------------------------- (FAU-M-M0045) between Pacific Coast Highway and Talbert Channel D-02" The Work installed under said contract is guaranteed against y ___, and deTfe"l s�n---ter'als"or-wor-kmaris"tiip-for"a perioT of-one yea-r"affer�iby s acceptance tieereo . WHEREAS,the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. Now,THEREFORE, We, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion organized and existing under the laws of the State of Maryland,and duly authorized to transact business [ under the laws of the State of California,as Surety,are held and firmly bound unto______________________ l City-of -Huntington-Beach in the penal sum of_ One million----- - hundred sev�enty__two_ thous-pollarp (;, tul2A5ed.-0t0i ty-fi lawful money of the United States, for the payment of which sum well and truly to be made, we bind our- selves,our heirs,executors,administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION Is SUCH, That, if the above bounden Principal, his or its heirs, executors,administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless the-------- its officers and agents,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifica- tions accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this_____ 17 th_ ----------------- day of------FebruarY---------------19__8A_ Powell Construct' bmp y APPROVED AS TO FORMa _ _ _____ _ _ L GAIL HUTTON { CITY ATTORNEY Vwe_ By Principal Deputy City Attorney 7 FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,r ------------ Linda D. Coats Attorney-in-Fact C3173(CAL)-2M.7-74 196190 Formerly CAL 3173a Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALWORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in ft4'fprce and effebi:Qn the date hereof, does hereby nominate, constitute and appoint Linda D. Coats of Rosemead F.. `` its true an lawful agent and Attorney-in-Fact,to make,execute; and deliver and on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . : . . . . . ti.. . . . . . . . . . e execution of such bonds or undertakings in puts' ce of thP$& iesents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they, been duly execiiied and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in=ti$own pro ` 7ersons. The said Assistant Secretary does hereby certify that the` Y�act set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Compau,`y`;and is now� Je irce. IN WITNESS WHEREOF,the said VI�'tesident and�kssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSE` 40MPANY OF MARYLAND, this 24 th day of July , A.D. 19_U _ r FIDELITY AND.D'EPOSIT COMPANY OF MARYLAND ATTEST: -----—--... —w r -- By - ---- - =-- ._ _ ----------- ------ ------- --- Assistant'8ecretary Vice-President STATE OF MARYLAND CrrY of BALTIMORE )SS: On this 24 th day of July A.D. 19 8 7, before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. ^•"`''' Notary Public Comm' io xpires July 1 , 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." 17 th IN TESTIMONY WHEREOF,I have hereuuw subscribed my name and affixed the corporate seal of the said Company,this day of February 19 t^52i � - -T 0 12-7806 Assistant Secretary •I � EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements,deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." LIh286 REQUER FOR CITY COUNCIPACTION Date February 3 1988 Submitted to: Honorable Mayor and CiLy Council Members Submitted by: Paul E. Cook, City Administrator '1 `-" "�!Prepared by: Les G. Evans, Acting Director of Public Works $OVER �' Clhy CUUN Subject: Brookhurst Bridge Improvements; CC-546 � --�_. 1 , Consistent with Council Policy? [ yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 7 Z- Statement of Issue: Pursuant to City Council action of December 14, 1987, bids were solicited and opened on February 2, 1988 for the Brookhurst Bridqe Improvement Project. Recommendation: 1. Accept the low bid submitted by Powell Construction and authorize the Mayor and City Clerk to execute an appropriate contract in the arnount of $1,972,535.00. 2. Approve the transfer of $2,268,414.00 from the unappropriated gas tax fund balance into the project account. 3. Permit thr Acting Director of Public Works to expend, not more than $s97,253.00 for contract changes. 4. Authorizo the Director of Finance to encumber $98,626.00 for anticipated project incidentals. Analysis: On December 14, 1988, the City Council approved the plans and specifieations for the Brookhurst Bridge improvement Project and authorizers staff to solicit construction bids. The bids, as summarized below, were received and opened on February 2, 1988: Contractor FstifTIate 1. Powell Construction $1,972,535.00 2. McCutcheon Construction $29060,925.00 +� 3. Advanco Construction $2,160,000.013 4. G.R. Cooke, Incorporated $2,371,313.00 Staff has reviewed the hid proposals and recornMends the acceptance of the Powell Construction bid. PYO 5/85 Request for Council Action Brookhurst Bridge Improvements February 3, 1988 Page 2 Funding Source: Contract Amount: $1,972,535.00 Contingencies (10%): 197,253.00 Project.incidentals: 98,626.00 Total: $2,26€3,414.00 Because this project includes both widening and lengthing the bridge, the city, the Federal Highway Administration and the County of Orange will sharp the costs. The city and the federal agency will divide the costs of wideing on an 14%/87% basis. The county will pay all costs associated with lengthening. The cost breakdown is as follows: Widening Lengthening Total City $212,145.00 $.00 $212,145.00 FAU 1,303,175.00 .00 1,303,175.00 County .00 753,094.00 753,094.00 Totals: $1,515,320.00 $753,094.00 $2,268,414.00 Sufficient funds are available in the unencumbered ryas tax fund balance (Account F 301) to cover the project cost. However, the staff rriust be authorized by Council to transfer the funds. A transfer of $2,268,414.00 from F 301 into the project account (745460) is hereby requested. This transfer will fund (1) the construction contract of $1,972,535.00; (2) a contingency fund of 10% of the contract at $197,253.00; and (3) any project incidentals (required soils and lab tests) up to $98,626.00. Alternative fictions: I. Disapprove the low bidder and select another contractor. 2. Reject all bids and readvertise. 3. Foredo the project. Attachments: F.I.S. Map LF_:L)RN:lw 1517g ^'L T•Y ' ;'.PIIBiICs�?TICE- PUBLIC fMObcE ! , TC NOTICE PUBLIC NOTICE j PUBLIC NOTICE NOTICE 0 8EALE S Adening Notice IS here n that the City Council oty Huntington Beach, California will receive sealed bids for the Construction of I vements for Lengthening of the Brookfiurst Bridge(55C-96)and Brookhurst Street (FAU-M-M004 5)between Pacific Coast Highway and Talbert Channel 0-02 in the City of Huntington Beach,California In accordance with the plans and specifications and Special provisions on file in the office Of the Director of Public Works. Documents will be available on January 12. 1988_ A charge of S40-00, not refundable, will be required for each set of Specifications and accompanying drawings DIRECTOR OF PUBLIC WOAKS E>RMMATE Federally Funded DWIsion of The ConsUwallion Contract Work Item Quantity Street improvements 1- Mobilization 1 LS 2- Clearing&Grubbing 1 LS 3. Remove Exist-Curb a Gutter 97 LF 4. Remove Exist-AC Berm 1,460 LF 5. Remove Exist. PCC Sidewalk 680 LF 6. Remove Exist.AC Pavement 34.400 SF 7. SawCul AC Pavement 340 LF 8. Urlctasalfied Excavation 2,000 CY g - -- - Const. 10.5'• A13 ='` - -^ - - 1138 CY 10 Consi 6"AC 1.418 TON it. Cans(. Type A-2 CdG 1.130 LF 12. COn31. PCC Local Depression 468 SF 13- COnS1. PCC Sidewalk 9.040 SF 14- Const.Type 25-A Cone-Barrier 330 LF 15- Cons1.Type 25-B Cone- Barrier 2.122 LF 16- Cont. 18" RCP D-1500 105 LF 17. Const-Catch Basin, W4' 2 EA 18- Furnish Precast Concrete Piling(Retaining Wall 45C) 2.205 LF 19. Drive Precast Concrete Piling(Retaining Wall 45C) 105 EA 20. Structure Concrete(Retaining Wall) 197 CY 21- Bar Reinforcing Steel(Retaining Wall) 29,400 L13S 22 Furnish d Install Temporary Pedestrian Bridge 1 LS 23- Con31.6' High fence al Gates 160 LF 24 Street Lights 4 EA 25_ Traffic Striping& Pavement Markings 200 SF ?6 Ralsed Pavement Marker 1.225 EA 27. Traffic Signalization 1 LS 28 Install 16" Water Line 236 LF 29- Pervious Backfill(Retaining Wall) 42 CY 34- Structure Excavation(Retaining Wall) 340 CY 31- Structure Backfill(Retaining Wall) 272 CY work Item Quantity Bridge Improvements 1. Furnish Precast Prestressed Units 48"Wide 48 EA 2. Erect Precast Prestressed Units 48 EA 3- Structural Concrete(Bridge) 145 CY 4. Bar Reinforcing(Bridge) 23,200 LBS 5- Cold Plane AC Bridge Deck $35 SY 6. AC Pavement 130 TON 7- Furnish 45C Ton Plies 1.464 LF $. Drive 45 Ton Piles 48 EA 9 Bridge Removal(Portions) LUMP SUM City/County Funded Division of The Construction Contract (Not Federally Funded) Waft Item Quantity Bridge Improvements 1 Furnish Precast Prestressed Units 48"Wide 58 EA 2- Erect Precast Prestressed Units 58 EA 3. Structural Concrete(Bridge) 151 CY 4. Bar Reinforcing(Bridge) 24.200 LBS 5. AC Pavement 95 TON 6- Furnish 45C Ton Piles :. -2.318 LF 7. Drive 45 Ton Plies 76 EA Channel Improvement 1. Furnish Precast Concrete Sheet Piling 74 EA 2 Drive Precast Concrete Sheet Piling 74 EA 3- Unclassified Excavation 870 CY In accordance wllh the'provi3ionS Of Section 1773 Of the Labor Code,the State Of California.Director of the Department ' , :,:;ii6a.+a;di;uny sneii determine the genera(prevailing rate of wages,applicable to the work to be done;copies at the e+n can file at the office of 1he City Clerk end ilia Office Of the Director Of Public Work3 the City of Huntington Beach.California. Fiend-and spocnictitlons.together with propose)form,maybe 6btiin4C iYlhe office of the Director of P66I'lC Works,City-- Huntington Beach, California. NO bid wilt be received unless it is made on a blank form furnished by the Director of Public Works.The spectal attention prospective bidders is called 10 the proposal requirements. Set forth In the specifications. for full directions as to the u��iainQ. The above quantities are approximate only,being given as a basis for the Comparison of bids,and the City of Huntington iw by impiicationS agree that the acutal amount of work will correspond therewith but reserves the iv incrvase or decrease the amount of any Class or portion of the work,as may be deemed necessary or expedient by _ _---. vi rubiic Works. All bids will be compared On the basis of the Director•pf Pubtle Work3 estimate of the quantities of work to be done- Substitution Of securities for any monies withheld by the City to Insure performance shall be permitted in accordance with the California Government Code.Section 4590- Each bid shall be made out On a form to be obtained a the office Of the Director of Public Works.Development Wing,2000 Main Street. Huntington Beach. California;Shell be sealed and filed with the City Clerk at the Civic Center, Second Floor budding.2000 Main Street, Huntington Beach,California.on or before 2 00 p.m of February 2, 1988,and shall be opened by a Committee composed Of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results at said bidding will be reported to the City Council Chambers in the Civic Center of said City of Huntington Beach.and shall be acted upon by said City Council at the regular meeting of February 16. 1988. The City at Huntington Beach,California reserves the right to reject any Or ail bids,and to accept the bid deemed for the best interest Of the City of Huntington Beath,California. By order of the City Council of the City Huntington Beach. California this 21st day of December, 1987. P;:bli5he:,Ora+-ige Coast Daily Pilot January 12. 19. 26. 1988 t048 for price.Paul 548-8860 sty Int,IExt- palntinq� LOWeat retes+�=rll�ar, �� se-�sysx._ - -___-- - — — — lid/Comm IbonO Call anytime 960-702S' , liI kftOfl�ii�n�xrw --- --— baths. - *i3Y IfaCror�tr- fl "fail lephen,s60 55- •D DRYWALL PI a PERTY S 8, Paiatia IOU lTY TILE !octal t 1-800-553 9565__ Texture-ACoustic d PaFn1. 1 U LI F C�nter±�*p-4?rn Free est Kevin 722.9294 Fences-Drives- - ' Lie/bond-Eric s by RICHARD SINOR - Smf Rmdl it Additions, Lic.ins-Refs.645-7608 �w1 Cleaning Electrical Repairs,etc.On the Side- — walls,QOOTa,wlnQOws. I Specializes with Wood. MATOIAN PAINTING W H Ilia t CAAF.KIEM PARRIS#ELECTRIC 1 Mark.548-6008 Quality R Spe�c-iialty _I- ..w,.,- .. P-.... -..,,____-•� L?ualltywork,freeesr- I L►c 2885BT W 1-OFDJ =425513 90-7401 Hanlin --��� - .�R�TE work- I L HAULIN VI MICHAEL COX PAINTING MfINUOW OLEANINi. reliable, res, refs- DEMAND ELECTRIC Garage a Yard Clncr $10/Hr+MATERIALS Aver 38r s40- FREE est 641-3283 IAN License Contr 645-3656 Jon 645-8192 References.675-4006 HARTY 8 CO.641-3797 2706 Garages for Rest Mangy To Loan 2914 Eae l aMent 5330 Employment Resp- mature person_ 274G Willow has Moneyfor r I ATTENTION CLERICAL Bdrm,bath,kitchen prisrf- SINGLE gar w/alby aC SICK up No credit ✓Ino loges in nice Mesa Verde Cass Fully secured at penalty- cell Denison STUDENTS, FIT Admin Clark_ home-557-9058 aRr 2 m 17th/Newport, CM- Assoc 673.7311 NOWT 30-35wpm. Some P O_C- company has 3 pos- contact/r h t,n 5110/mo Call 432-8118 Announcements itions- Earn $7 PLUS/Hr s1225/mo-�nc:" Rotels/Motels 27l8 Mon-Fri,9-5 -- - � Part time-645-5760 644-7333 -=-- nopncemints - LAGUNA BEACH Commercial nTl Automotive jo��Assist�Roeo�t ACTOR INN R.E. Sale Reat Toro Bl Miss on Vie)o.ISari FOREIGN CAR NEON Front oft_ Exp, pre'd. Wkly rentals- S155 S nslneis ce eat Clemente- ADVICE IN ImmedleteopsningVOlvo. Newport BeachG40-0921 Up/Wkly-Color cable TV, ALL MATTERS 472-0808 Toyota, Shop. Guar. free-coffee, heated-pool, 2769 �._ Salary, lull Co- benefits, maid Svc d steps to oCn. 1 s/f/ 04 S//pvt o Cs- -salary. Kitchs 111 985 N Coast Prof or medical. No- CM MISSION wifis Hwy-Lag Bch 494-5294 nr 405 at Harbor/Baker MOTORS a _ 494-0802 or 494-4429AxAme 768-2910 Contact Bill Bob SEA LARK row 2500 sit KollIrrvine Center. ,n V Wkty rentals now avail. BABYSIT'TER Needed for 147-00 wk &-up 2274 Redhlf d 405,good free p fail Flats 9 m0 old, home Nwpi 6.Blvd,CM 647445 way access, Io rent up- - 8-5.30 M-F- Reis req gladed space-Call Phil or 646-8755 evenings Rentsli fo S6ate Ethel_ 1- 140, - suite _ 2724 --�--- Bookkeeper Mature PIT 28-3 a non-smkr to 900 sf OfC. 15 0 S N Ior full Only qualified 6 his 5 days, Share PROM POINT CM S85S Agl 642-9666 apply. 842-0350 before R■ ocean vu 26d 289 - noon_Salary DOE- S59a/mo 673-8601 CANNERY TILLAGE CONK JStfS-BY N Ottlte/retaR 670 SQ-R-31st LAWS? EVERYONE ISI Bookkeeper PIT General 2Br hour0 to shr, E/sfde St N_B.Owner 673-3733 Exp. CPA Tax Preparer- offlce/admin. Flex hours r Costa Mesa. Working/M , reasonable fees. Dave CAII Alicia's Flowers S3501mo+ 'AuIll- No FIRST CLASS office space Smith. CPA. 544-8352 833-1883 ask for Alicia i drugs 5-7pm 548-3311 at Metro Pointe 3 suites. days 545-1401 eves. Cafeteria from 519 to 1032 s/f for *OCEANFRONT-38R* as low as $950 mo- Full Lost & found 2925 UCI CAMPUS N MIF Curet Schside bait- service. Carl 241-50W Blue- r Leather so a Dlning ServlOe needs part winter$495 654-8501 *John Dobrott* cushion between Cam time 10-2. Full time a Cashiers a Sandwich *OCEAN VU 28r apt Small otllce.rn new Pia antlNewportREWARDUI Fem n-smkr, wldry S42_ }essionai Building in 642-5208 prep-Connie 858-5727 Costa Mesa. approx 100 — +'hullls.673-5835 CASHIER FIT Or PIT,Malen- sq h 5135rmo 646-4330 or Female.5atary+ clan- � r- *S T U N N I N G-C d M* , —-- FOUND ADS efits-2590 Newport Blvd- •' 5500 Prof F, tun- Shr SMALL office space,gross sunny 2Br apt, - Sh lease. East 17th Street. ARE FpF[ Del Mar.Costa Mesa sundk,view.721-1601*dry fully improvedi645 5350. Ask t1t1LL FREE CASHIER _ _ for 8m 645-3366* Near ocean, mstr suite -- Calf. FIT d PIT,for mature to- w/Ig Br 3 Be, walk Lr. tim- e[cial Property liable, person, good pay closer,Sep entr.Ig pat+o 2778 $42-6878 +Comm,w/!rain Apply' garage S500+-722-8362 Metro Car wash Call Prime Commercial Lot FOUND IN SANTA ANA 1 2950 Harbor Blvd-C-M. Clean prof- rei- non-smkr- Located In Newport YEAR OLD MALE GOLD- Fern to share 3 bdrrr Beach- Complete with EN RETRIEVER. Does back-lo-school mesa house Ali prev. !=urn rrr plans for 45DO sq If office- 979-2619 more time on your hands avail. Immed- S350. + Pis Callb45-1791 dursrsg the day' maybe $100.dap-540 479t -- t05Ti/2a, young 3 mo- Past-SlmeJob's the answer FOR sale! RARE Laguna old cat. Calico, vlc. Got looking inciwslfled- Female rmmt wantec Beach find! Owner/user ShofeUlffs, Corona del Easiside CM Must havE or investment property- Mar-760.6057 refs! $350/mO ` '.f utls. North Coast Highway re- -- ARE„r09„A SRF First +deposit 548-4073 tail building_ 3600 s/f LOST=Grey Cat with white STARTER AND FEM pre- to shr 4 6i rrr S 4 5 0 , 0 0 0 R E - pews, shaved On left hip Newport Crest Twnhs ALONOMiCS CORP. and has stliches_ LWKW FOR Furn-AN 675-9705 amen,S3651mo 675-6700 — A 1tEYt CAREER Mike 646-3796 lhlplexei//Units 2706 Personals 3002COME Ih AM I+„rner_Rldge rs over-TWONewport Beach*—CONGRATULATIONS ____CHECJT US JUT"- ` Furn-- Ally prefers over duplexs steps to sand KEITH GROVER on your — - - Na 0 40 bus or Prof m Two-3Br S375K new jobrl! We a-t loouni .or QUIT CREWI -- 50/mo 784-0551 days 2-28r$335K A91675-2359 WELCOME NOMEt "f'ER4SC_"ro-:k wilh ind,+rd 640-2434 — ma's secur q new custemt:s for *LAGONA BEACR NM Iadastrial 2M Love, 'lit CNAPTU c;,.1s!out"PA07 , Light Industrial Ware- Mom--- yo_-,si N qu![vr( ;peak crea: ��f- M- ImmaC, huge, view, Thanks to$scrod Heer1 01 'Y.a d be easy to get a'cr&.nth-I $375' utii/dep 497-1304 house spate- 2000 sq ft, somec" treple can uwer;tanj' _ 55c sf. Location 18th d Jesus for favors granted- , Thanks To St_ Jude for and elatr'o Lovely upstairs rm/pvt be Placentia C-M-63 t-3035 Rom. In C.M.Non smkr/drinker — — — favors granted-O-B- TEAS lS NOT A older prof_ preFd $350- l a c e m! P t o p e r t £� to punt PART-TFL4E J08.WE Intl-ut-1at/rast 642-1196 279� ARE LOOKING FOR r i MALE roommate to share Ton bed care home M TOX103 iCs 3019 MANAGEMENT PERSONNEL 36'r douse in-Nwpl Bell-country,(Failbrook)- Lovtny with Jacuzzi 8 parking cheerful 9110 acre Near respon person to care for II are the b in 675-9590 or 642-8971 hospital- $299,000 infant in NB hm_5 morns, i ht Vtr a ttneous week:Y Own/Bkr 714-494-4542 some atts/eves 650-5435 ka-ant"5;q-am I.help yo: PROF- F 25-35 to shr 2br-_ --_—-_ iel staaei lba house, pool, Jac LIVE-IN bebyslt 6Yr old. ; Average managerS tarn Si;O Nwpt Hgts, $475 'h uIll.8psifsess R financial sch morn a 5-8pm our SI140 and-ire weekly Delivering 548-5396 or 673-2507 Nwpt BO home S50/wk 3 Be yo_;ewn cos;as an nde ]Business +room d board 646-4234 7eT&W Conhat'Cr d[' , - PROF/M to shr 38r 289 — 4 �o-Oouid haw a LAkCL iu+ f" - t Nwpt Bch apt I bloat Opportunities 29— t r_ P P TEACHER HEEDS expel :x_•ed.e'rc•r:c rx sertuslr day to 1=f ---- . from beach,gar-w/d incl LLEN WA for ChildCare In my home for cowje-.ed S450/mo+ ut 722-9106 spare time assembly work; my 9 mo- old. Mon-Fri- 5 Y0;w•L be work,&.'11 1110 - & Sunday. Reap rmmt snr 2Br 1$g alactronleg,W8f15,01hW3 7-30-3-30 PM-733-2405 •wars s,.•cerm•re uaining CdM house, frplc, v18a Info 1-{504)641.0091 and rromotnrg.',em to Wain of EXT 1t60.Open T days. m 0 ant rw.-.wo-trs 11I5U1 J'•• some turn, S425mo—_____— — it mol o Heun are he.,bie bl +'Autils.644-4026 ITALIAN RESTAURANT *GENERAL HELP* s,,er„so-s wcrk o da,s a q u+red. �'--- RmmtwanledBalboaPen- Made moneyei from day Rental store in C-M seeks wr a`!e:ceen and eren,q pointment Prof Non smkr to shr one.Not profit increasing clean cut dependate per- hours f� fise. Steps 10 bell d bay. monthly- Located in a son to work on counter 7 ro,must 1t a1least 2'-~'EARS Dail Pilot, $4751mo,Andy 673-1827 Food Strip Malt_S35.000 and In yard_ Apply: 1930 Of ACE y + Inventory 3 fixtures- Newporl Blvd_,C_M_ 8 Wor'r r"Irt m ycu•own area Rentals Wanted 2726 React C a m m u n,l.e s *MAIL SORTING* •atcr'5 Pro7:,oc,osul $eructs. SECLUDED ST0010r and related 'rc 15 lNe lastesl growrnt traaacy NO COOKING,CAT,RITA PART TIME II.1 of its lord oiteiint tieme.Aoas {213)420 2t}90 vc7d'tunrin !tr tar±r.Or tnted T--- I FULL TIME Possible :^drndua's u a Dcsit pn of 14s Does back-lo-school mean i+blAty to take direction store Sounds to'erts` t0 You. more time on your hands imperative-Npilairport rat,itr molt rfo:rr4!.DA awl during the day",Maybe a 3857 Birch.corner Quail, CALL MR. !!M&ALLS AT pan-time job's the answer- Ask for Linda or Chadle Got iookino m classified- 756-8808 or 494-5901 (714) 892-1449 Authorized to Publish A0verl1Sements Of all kinds including public -`'� �'� • notices by Decree of the Superior Court of Orange County, f California. Number A-6214, dated-29 September- 1961. and A-24e31. dated 11 June. 1963 STATE OF CALIFORNIA County of Orange P,DK No.0 ^over? q covOod or tho ww*.a n rr M i Po.,r wh 10 MA Co&~wbdtpl 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 Orange Coast DAILY PILOT, with which is combined the NEWS-PRESS. a newspaper of general circulation, printed and published to the City of Costa Mesa, County of Orange. State of California, and that a Notice of _Invili nq- Sea 2ed Sid6 of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach. Huntington Beach. Fountain Valley, Irvine. the South Coast communities and Laguna Beach issues of said newspaper for three I!( consecutive weeks to wit the issue(s) of i Jan. 12 198 a Jan. 19 198— Jan. 26 8 198 198 E l 198 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on Jan . 26 , 198 R a Costa Mesa, California. Signature i PROOF OF PUBLICATION DATE: February 2, 1988 ENGINEER' S ESTIMATE: $1,700,000.00+ JOB AND CC NUMBER: B JR',T BRA; CC-546 BIDDERS NAME ��-'���� � ua.��'=�• � t ` [ . AnvAM cc?r �o (3 13y ,7Z fl $l©,l4 v 2. ALL AMER IC AN ASPHALT 3. AMBER STEEL OaMPANY -- - 4. B AND D ELEC_'I4ZICAL OONL'E ;--MPS . BELCZAY, AND SONS, lNCDRFCRATF.D BRCIPOCYJ ENGIMMU-NG 7. BUEM E•Fr-ruTC 8. CONNOLLY-PACIFIC CCMPANY �. G B ODOn, Ii COMRATID ,'Jad N. ! �o.��� I�a Sr� S9 Oil. 10. F"JND MON PIIE INCORPORATS:ID ' L11 KIEWIT PACIFIC CCWANY 12. L A CCKYII N GROUP 13. McCUTC EDN OONSTRL=ION aZ- l, 3g 317. 7� �/�i •� /0 i �f�f S'� 4. MA= C1OtV.4'PRlCMFS INODRPORATID 15. JCHN L MEEFS CONS7R CTION CCHPANY C MMAglING 17. PEIHN, INIERNATIC NAL 219 Piz COMPANY V I, 3 3 9, 6 73 s y 9 6 s 1,9 7 2, f 21. SAVALA CONST?L=ON COMPANY � 23. STEINY AMID CCMPANY i Les. -SULLY-MILI R tt 26 OCMPANY f �E� Z d' ..P , eft =-' REQUER FOR CITY COUNCIPACTION Date November 4, 1987 Submitted to- Honorable Mayor and City Council Submitted by: Paul B. Cook, Interim City Administrator '1 C" Prepared b Les .Evans,_Acting Director Public_ 4dc�rk-i4r ��--_---w-�� y: - g -- - APPgp'rED BY CITY COU Herr; Subject: Brookhurst Bridge; CC-546 /z ,y >!9fZ Consistent with Council Policy? [ ] yet [ ] Now Policy or hxosption - ,__ Statement of issue, Recommendation,Anelysisj Funding Source,Alternative Actions,Attachments: Statement of Issue: The plans and specifications for widening the Brookhurst Bridge over the Talbert Channel are complete. Recommendation: Approve the plans and specifications and authorize the Director of Public Works to solicit bids for construction. Analysis: On May 5, 1986, City Council approved the selection of Robert Bein, William Frost and Associates to prepare plans, specifications and a cost estimate for the widening of the E3rookhurst Bridge over the Talbert Channel. Flans, specifications and a cost estimate are complete and therefore, the Uirector of Public Works requests approval of these documents and the authorization to solicit construction bids. An environmental document was prepared by city staff and approved by the California State Department of Transportation and the Federal Highway Administration. The Federal Highway Administration, as lead agency on the environmental impacts of this project, issued a FONSI (Finding of No Significant Impact). Funding Source: This project includes widening and lengthening the bridge. The City and the Federal Highway Administration have agreed to share in the costs of widening the bridge and the County of Orange has agreed to pay all costs associated with lengthening the bridge. Based on these facts, the estimated cost breakdown is as follows: Bride Improvement City Share* F HWA County Total Widening $119,951.00 $736,836.00 -0- $856,787.00 Lengthening -0- -0- 729,788.00 729,788.00 Totals: $1199951.00 $736,836.00 $729,788.00 $1,586,575.00 ---------- *City share of costs to be obtained from gas tax revenues. PI O 5/m Request for City Council Action Brookhurst Bridge November 4, 1987 Page 2 Alternative Actions: Deny approval of the plans and specifications and forego advertising for bids. Attachments: None. PF_C:DRN:lw 1444g CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director February 4, 1988 (714) 536.5431 Mr. John L. Meek Meek Construction Companv, Inc. 1032 Vilest "C" Street Wilmington, CA 90744 Subject: Brookhurst Bridge Bids; CC-546 Dear John: Enclosed is you sealed bid for the Brookhurst Bridge project. Unfortunately your bid was received late and the first bid had been already opened; therefore, we were unable to accept yours. i am sorry, but there was no other option. Very tru y yours, Uon Noble Contract Administrator DN:dw cc: L es- Evans--- _, Alicia Wentworth CC File 546 "Gen. Corresp." 1518g/8 J� CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNnNGfON MACH To PAUL E. COOK, From ROBERT J. FRANZ, City Administrator Deputy City Administrator Subject APPROPRIATION FOR BROOKHURST Date February 5, 1988 BRIDGE IMPROVEMENTS (CC 546) FIS 88-2 As requested under the authority of Resolution 4832, a Fiscal Impact Statement has been prepared and submitted relative to the proposed appropriations for the Brookhurst Bridge Improvement project. Estimates are that a one time appropriation of$2,268,414 would be adequate for this purpose, all of which is reimbursable to the City as work progresses, other than the City's share of $212,145. An affirmative response by the City Council would temporarily reduce the balance of the City's unappropriated Gas Tax Fund to $392,012, prior to reimbursement by the Federal Government/County in the respective amounts of $1,303,175 and $753,094. ROBM J. FRA Z Deputy City Administrator RJF:paj i • Fiscal lmpact Statement BROOKHURST E:R10GE IMPROVEMENT: CC 546 1 . Budget Statu-s -------------- The project was budgeted in fiscal 1906-87. However-, because of env i or-nmen to 1 concerns, it was postponed. Construction was rescheduled for. fiscal 1988-99. Federal authorities have now requested that the project be moved frreward. Construction roust begin by February 29, 1939, or FALI support will be m i thdr-awn. 2. Total Costs a . Direct: A total project cost of $ 2, 268, 414. 00 to be advanced from the City Gas Ta:.- Fund. The City is to be reimbursed S 1 , 303, 1.75. 00 by the Federal government and $ 753, 094. 00 by the County as the wr)rk progresses. The City share is $ 212, 145. 00. b. Indirect: Loss of earnings on these Funds as they are e>:-pended. 3. Funding Source a. Funds: Gas Ta>:- fends not.) on deposit in account F 301 to be transferred into the project account (745460 ) . b. Revenue SOUr-r e: Gas Tay. revenues. c. Alternative Funding Source: General Funds. d . History: Gas Ta:-: funds have always been used for FAU pr-o- jects in the past. • FAU-M-M004 5 �1 PROPOSAL City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 _ Gentlemen: iThe undersigned hereby proposes to perform all work for which a contract may be awarded him and to furnish any and all plans, labor services, materials, tools, equipment, supplies, transportation, utilities and all other items and facil- ities necessary therefore as provided in the Contract Documents, and to do everything therein for the construction of street and bridge improvements (bid items are included in the "Bid Proposal" section of these specifications) as specifically set forth in documents entitled "For Construction of Improvements for Lengthening and Widening of the Brookhurst Street (FAU-M-M004 5) Between Pacific Coast Highway and Talbert Channel D-02" together with appurtenances thereto, all as set forth on the drawings and in the specifications and other contract documents; and he further proposes and agrees that if this proposal is accepted, he will contract in the form and manner stipulated to perform all the work called for by drawings, specifications and other contract documents, and to ' complete all such work in strict conformity therewith within the time limits set forth .in the Bid Sheet(s) forming a part hereof. A *Cashier Check *Certified Check *Sid Bond properly made payable to: City of Huntington Beach hereinafter designed as the Owner, for the sum of f-rl Per r t dollars ($ , which amount is not less than 10 percent of the total amount of this bi , i s attached hereto and is given as a guarantee that the undersigned will execute the Agreement and furnish the required bonds if awarded the contract and, in case of failure to do so within the time provided, the *proceeds of said check shall be forfeited to the Owner *Sureties liability to the Owner for forfeiture of the face amount of the Bond shall be.considered as established. It is understood and agreed that: 1. The undersigned has carefully examined all the contract documents which will form a part of the contract; namely, Notice Inviting Bids, the accepted Proposal , the Bid Sheet(s), the List of Subcontractors, the Bid Security Form for check or bond, the Agreement, the Faithful Performance Bond, the Payment Bond, the Non-Collusion Affidavits, the Certification with regard to the performance of previous Contracts, the Guaranty, the Special Provisions, the Plans, the Standard Plans, the Standard Specifications of the California Department of Transpor- tation, dated July, 1984 and all additions, deletions, modifications and appendices and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretation of any said documents. ' JN 23468/PRJ33 C-1 • . FAU-M-M004 5 2. The undersigned has by investigation at the site of the work and ' otherwise satisfied himself as to the nature and location of the work and has fully informed himself as to all conditions and matters which can in any way affect the work or the cost thereof; 3. The undersigned fully understands the scope of the work and has - checked carefully all words and figures inserted in this proposal and he further understands that the owner will in no way be responsible for any errors or omissions in the preparation of this proposal ; 4. The undersigned understands the contract time limit allotted for the j contract is 180 working days. 5. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation and in submitting this proposal , the undersigned bidder agrees that if it is determined that he is the successful bidder, he will execute the non-collusion affidavit required by the Federal requirements set forth under Section 6 of these special provisions. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates set forth in the Department of Transportation publication entitled General Prevail- ing Wage Rates , which is a part of the contract, shall be posted by the Contrac- tor at a prominent place at the site of the work. _ The prevailing wage rates to.-be posted at the job site will be furnished by the Department. If there is a difference in the minimum wage rate predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of Industrial Relations for similar classifications of labor, theContractor and --his subcon- tractors shall pay not less than the highest wage rate. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined the location of the proposed work and is familiar with the plans, specifications and special provisions and the local conditions at the,_piace where the work is to be done. Accompanying this proposal is 13 ,dder s BOnd _ Insert the words cash, cas ier s check, certified check, or bidder's bond, as the case may be. Business Address 1631 Gc1 , 6roas 3T- Q 2f4_ri0, . 6q 9/76Z, Place of Residence �'0 L/Q Dated this Z day of _ ce- b, 19 Signa der JN 23468/PRJ33 C-2 1• FAU-M1-M004 5 LIST OF SUBCONTRACTORS The bidder is required to furnish the following information in accordance with the provisions of Section 4100 to 4113 inclusive of the Government -Code of the State of California. Specific Address of Percent of Description Office, Mill Total of Name of Subcontractor or Shop Contract Subcontract i i 1 ' Do not list alternative subcontractors for the same work. ' JN 23468/PRJ33 C-3 • • FAU-M-M004 5 AGREEMENT THIS AGREEMENT made and entered into this day of in the year 19 , by and between the City of Hunting on Beach organize —and existing in the County of Orange under and by virtue of the laws of the State of Cali- fornia, hereinafter designated as the Owner, party of the first part and .hereinafter designated as the Contractor, party of the second part. WITNESSETH: That the parties hereto have mutually convenanted and agreed, and by these presents so covenant and agree with each other as follows: ARTICLE I The Contract Documents consisting of the Notice Inviting Bids, the accepted Pro- posal , the Sid Sheet(s) , (bid items are listed in the Bid Proposal Section -of the Specifications) , the List of Subcontractors, the Bid Security Form for check or bond, the Agreement, the Faithful Performance Bond, the Payment Bond, the Non-Collusion Affidavits, the Certification with regard to performance of previ- ous Contracts, the Special Provisions, the Plans, the Standard Plans and the Standard Specifications of the California Department of Transportation dated 1984, all of which are hereto attached, together with all additions, deletions, modifications, and appendices and all addenda as prepared prior to date of bid opening setting forth any modifications or interpretations of any of said docu- ments are hereby incorporated in and made a part of the Agreement as fully as if set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by the Owner as set forth in said Contract Documents, the Contractor agrees with the Owner to as specifically set ort in sai Contract Documents entitled or Construction of Improvements for Lengthening and Widening of the Brookhurst Street (FAU-M-M004 5) Between Pacific Coast Highway and Talbert Channel D-02" for which award of contract was made; to furnish at his own proper cost and expense all plans, labor, services, material , tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefor, as provided in the Contract Documents, and to do everything required therein. In accordance �. with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of compensation of his employees. _ JN 23468/PRJ33 C-4 iFAU-M-M004 5 ARTICLE III For furnishing all said services and materials; payment of premiums on insurance policies; obtaining all permits and licenses of a temporary nature; furnishing and removing all plant, temporary work or structures, tools, and equipment; and for doing all the work contemplated and embraced in this agreement; also for all loss and damage arising out of the nature of the aforesaid work during its pro- gress or prior to acceptance from the action of the elements and from any un- foreseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinu- ance of work, except such as in the said Contract Documents are expressly stip- ulated to be borne by the Owner, and for well and faithfully completing the work and the whole within the stipulated time and in the manner shown and described in the said Documents and in accordance with the requirements of the Engineer under them; the Owner will pay, and the Contractor shall receive in full compen- sation therefor, the prices set forth by him in the accepted Proposal . The total compensation to be paid computed on the basis of the units of work actual- ly performed in accordance with the requirements of the Contract Documents and paid for at the stipulated prices named in the Bid Sheet(s) for completion of the work. ARTICLE IV The Owner hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein con- tained. ARTICLE V The Contractor further agrees to comply with the wage rate portion of the equip- ment rental rates and general prevailing wage rates, current edition, of the California State Department of Transportation. The statement of prevailing wages appearing in the equipment rental rates and general prevailing wage rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should. there be any conflict between the terms of this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI ' The improvements contemplated in the performance of this contract are a Federal Aid to Urban Highways Project over which the State of California shall exercise general supervision; and, the State of California shall have the right to assume full and direct control over this contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern. JN 23468/f RJ33 C-5 • � FAIL-M-M004 5 ARTICLE VII No work, services, material , or equipment shall be performed or furnished under the Agreement unless and until a notice to proceed has been given to the Con- tractor by the Owner. IN WITNESS WHEREOF: The parties hereto have caused this contract to-be executed the day and year first above written. Party of the First Part Party of the Second Part G� Owner Contractor By Title By By (Title) (Title) ATTEST: By (Title) APPROVED: By (Title) JN 23468/PRJ33 C- 6 ' FAU-M-M004 5 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, hereinafter referred to as Contractor, as principal , an as surety, are held r and firmly bound unto the City of Huntington Beach in the sum of dollars , lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind our- selves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City of 'Huntington Beach for street and bridge improvements as specifically set forth in documents entitled For Construction of Improvements for Lengthening and Widening of the Brookhurst Street (FAU-M-M004 5) Between Pacific Coast Highway and Talbert Channel D-02" and is required under the terms of the Contract to give this bond in connection with the execution of said contract: NOW, THEREFORE, if the said Contractor shall well and truly do and perform all of the convenants and obligations of said contract on this part to be done and performed at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done,, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either the Contractor or the surety thereunder, nor shall any extensions of time be granted under the provisions of said contract release either the Contractor or the surety, and notice of such alterations or ex- tensions of the contract is hereby waived by the surety. WITNESS our hands this day of 19_ (SEAL) CONTRACTOR By TITLE SURETY APPROVED: By JN 23468/PRJ33 C-9 i FAU-M-M004 5 , PAYMENT BOND ' KNOW ALL MEN BY THESE PRESENTS: That we, hereinafter referred to as Contractor, as principal . an as surety, are held and firmly bound unto the City of Huntington Beach in the sum of dollars layfu- 1 money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The Condition of the above obligation is such that: WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City of Huntington Beach for street and bride improvements as specifically set forth in documents entit I a or Construction o Improvements for Lengthening and Widening of the Brookhurst Street (FAU-M-M004 5) Between Pacific Coast Highway and Talbert Channel D-02" and is required under the terms of the Contract to give this bond in connection with the execution of said contract; NOW, THEREFORE, if the said Contractor or any of his subcontractors fails to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by such person for or about the performance of the aforementioned contract, said surety will pay the same, in an amount not exceed- ing the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney' s fee, to be fixed by the court. This bond shall insure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to such persons or their assigns in any suit brought upon this bond. This bond shall be subject to and include all of the provisions of Title 15 of Part 4 of Division 3 of the Civil Code of California relating to Payment Bond for Public Works, including but not confined to, Civil Code Sections 3225-3228, inclusive, and Sections 3247-3252, inclusive. JN 23468/PRJ33 C-10 ' FAU-M-M004 5 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY EACH AWARDEE OF A SUBCONTRACT STATE OF CALIFORNIA ' COUNTY OF being first duly sworn, deposes and says that he is (sole owner, a partner, president, secretary, etc. of the party submitting a bid for a subcontract covering that such bi is not made in (describe nature of subcontract interest of or on behalf of any undisclosed person, partnership, company, asso- ciation, organization, or corporation; that such bid is genuine and not collusive or sham; that said 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, not that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, com- munication or conference with anyone to fix the bid price of said bidder, not to secure any advantage against the principal Contractor or anyone interested in the proposed subcontract; that all statements contained in' such bid are true; and, further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged informa- tion or data relative thereto, nor paid and will not pay any fee in connection therewith to any corporation, partnership, company, association organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial inter- est with said bidder in his general business. The provisions of this affidavit shall not be held as disqualifying a person, firm, or corporation who has submitted a sub-proposal to one bidder from submit- ting separate sub-proposals or quoting prices for materials or work to other bidders. Signed: Title Subscribed and sworn to before me this day of 19 Seal of Notary Notary Public G� JN 23468/PRJ33 C-11 • • EAU-M-M004 5 ' CERTIFICATE CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCON- TRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF THE REQUIRED REPORTS. / The bidder ✓ proposed subcontractor _, hereby certifies that he has has not participated in a previous contract or subcontract subject tote equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has t/, has not filed with the Joint Reporting Commit- tee, the Director of the Office of Fe7eral Contract Compliance, a Federal Gov- ernment contracting or administering agency, or the former President's Committee on Equal Opportunity, all reports due under the applicable filing requirements. d� CO, Co Company ' By 4- , it e Date , NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFS 60-1.7(b)(1) , and must be submit- ted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFS 60-1.5 (generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Execu- tive Orders or their implementing regulations. Proposed prime Contractor and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFS 60-1.7(b)(1) prevents the award of con- tracts and subcontracts unless such Contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Adminis- tration or by the Director, Office of Federal Contract Compliance, U.S. Depart- ment of Labor. 1 JH 23468/PRJ33 C-12 tFAU-M-M004 5 GUARANTY This guaranty shall be executed by the successful bidder in accordance with instructions in the special provisions. The bidder may execute the guaranty on ' this page at the time of submitting his bid. To the City of Huntington Beach, California: "For Construction of Improvements for Lengthening and Widening of the Brookhurst Street (FAU-M-M004 5) Between ' Pacific Coast Highway and Talbert Channel D-02" The undersigned guarantees the construction and installation of the following ' work included in this project: street and bridge improvements. Should any electrical or mechanical equipment prove defective due to faulty material furnished or installed, or should the installed equipment or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications , due to any of the above causes, all within 6 months after date on which this contract is accepted by the Owner, the under- signed agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs , or, upon demand by the Owner, to replace any such materials and to repair said work com- pletely without cost to the Owner so that said work will function successfully as originally contemplated. The Owner shall have the unqualified option to make any needed replacements or repairs done by the undersigned. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guar- anty, the Owner shall be entitled to all costs and expenses, including attor- neys' fees, reasonably incurred by reason of failure or refusal . Contractor ate 1 Jul 23468/PRJ33 C-13 • - � FAU-M-MO04 5 ' CERTIFICATION OF NON-SEGREGATED FACILITIES Federally Assisted Projects The federally assisted construction Contractor certifies that he does not main- tain or provide for his employees any segregated facilities at any of his estab- lishments, and that he does not permit his employees to perform their services at any location, under his control , where segregated facilities are maintained. The federally assisted construction Contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control , where segregated facilities are maintained. The federally assisted construction Contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transporta- tion, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom or -otherwise. The federally assisted construction Contractor agrees that (except where he has obtained iden- tical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements as offers is prescribed in I0 U.S.C. 1001. Company O (.� G Cn �'J S �IGIG 7L BY 220 Title X-/17C as Date 1 JN 23458/PRJ33 C-14 i jr F:b PRDPO: L FROM e 0.AS f - To the Honorable Mayor and City Council, City of Huntington Beach. California: In compliance with the notice inviting sealed proposals for the Construction of Improvements for lengthening and Widening of the Brookhurst Bridge (55C-66) and Brookhurst Street (FAU-M-MD04 5). Between Pacific Coast Highway and Talbert Channel D-02. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materiaiman through any Did depository, the by-laws, rules or regulations of which prohibit % or prevent the Contractor from considering any bid from any subcontractor or materialman which is not processed -through said bid depository; r~o which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place--in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works. City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices. SCHEDULE A OF THE CONTRACT Item Approximate Item with Unit Price Unit ; No. Quantity written in Words Price Total ; 1 Lump Sum Mobil $/2O, Dao. 000. Each Figures ; , t + 2 Lump Sum Clearing Grubbing s ! each. $,5-0 0Gb Each Figures ; ;. 3 97 LF Remove Exist. Curb & Gutterdn_LIA ��// ; per linear foot. 7• ; -� Linear Ft. Figures 4 1,460 LF Remove Exist. AC Berm ne per linear oot. `f6D` linear Ft. Figures ; P-1 ' Item Approximate Item with Unit Price Unit -� No. Quantity Written in Words Price Total 5 680 SF Remove Exist. PCC Sidewalk Gb /`,Ir f per square foot. $ $ �8�_•�f _-- Sq. Ft. Figures 6 34,400 SF Remove Exist. AC Pavement 74 Ce.rfiS per squar6 foot. $ ' s« ' Sq. Ft. Figures 7 340 LF Sawcut AC Pavement F P o f pe l i near foot. ; s $/7a- Linear Ft. Figures i 8 2,000 CY Unclassified Excavation cry per cubic yard. $ �O $ZOO- Cubic Yd. Figures 9 47338 iY Const. 10 1/2 Aggregate Base ` ' /575 _ D° 1/4,cs per cubic ya d. S ,30. ;yX,25e. Cubic Yd. Figures r i ' 10 -f743$TONS Const. 6" Asphalt Concrete Pavement Oa per ton. $ �r'D. ' $ am. Ton Figures 11 1,130 LF Const. Type A-2 Curb $ Gutter ZiLe ,c 410 1/91-fz _ per linear foot. $/•z, Linear Ft. Figures 12- 468 SF. Const. PCC Local Depression yor�,e 5 -per square foot. 875. Sq. Ft. s i ' 13 9 040 -SF Const. PCC Sidewalk ZLA20 /9 per square foot. $ �• 80�0. r Sq. Ft. iggures i 14 330 LF Const. Type 25-A Concrete Barrier per linear foot. O, r E/ �C�•� Linear Ft. Figures / v ' " 15 2,122 LF Const: Type 25-B Concrete Barrier per linear foot. $ P. Linear Ft. Figures P-2 Item Approximate Item with Unit Price Unit ; No. Quantity written in Words Price Total-------------- ; f � T .'16 105 LF Const. 18" RCP 0-1500 -!/7 a cbf f ; _ 20/I�rS per linear foot. $ Linear Ft. Figures ; 17 2-'EA Const. W=4' PCC Catch Basin -;;'ly 0 ; ��IC�LI SC,nd i�o//Drs per each. S Z,O4O " $ Veee'- y ; Each Figures ; -+ , 18 2,205 LF Furnish Precast Co Crete Piling_ (Retaining Wall ) lVe,;Ff ive- p& linear foot. $ Z.5 $SS/ZS, ; Linear Ft. Figures ; f 19 105 EA Drive Precast Concrete Pile ; (Retaining wall , 45c) 112i7e 7`hcvsQ.,d �; per each. >)/,Ooo. ;/OS000, T' Each-- -• Figures ; 20 . -197 CY , Strut ture Concrete (Retaining mall) per cubic yard. $ 360. 1,Ozj.� } Cubic Yard Figures ; ; 21 29,400 LBS Bar Reinforcing Steel (Retaining Wall) _Per pound. ' $ ' Pound Figures 1 i 22 LUMP SUM Furnish & Install 120' Clear Span ; 1 Length, 10 wide Temporary Pedestrian f Bridge Zse.,2 Th . d ; ��d f per lump sum. /4, Odd•` Lump Sum Figures 23 160 LF Const. 6' High Chain Link Fence & Gates ; 7L�6 44z Five iz►gwsper linear foot. $ yooC" ; Linear Ft. Figures ; i 24 4--EA Install Street Lights & Appurtenances ; fvFA ZL,,a 71711Ll�dl1D� per each. ;2 DO). S � Each F gures ; 25 200 SF Paint Traffi Strip, & Pavement J ; Markings 6/7 e a f/Ae: i per square foot. $ ZQQ�i; Sq. Ft. Figures ; P-3 Item Approximate Item with Unit price Unit No. Quantity Written in Words Price Total i f 26 1,225 EA Installed Raised Pavement Markers ' - S�v no!14r5 per each. $ 73So._ Each Figures i s v f 27 LUMP SUM Install Traffic Signal Appurtenance //,, 1bj&a per lump sum. $ 4601 Ce-7 Lump Sum Figures 28 236 LF Install 16" Water Line El a l jars _ per 1 near foot. O:- $AD' LF Figures i 29 42 CY Place Pervious Backfili - 0 per Cubit y rd. $ CY Figures 30 -3"-CY Structure Excavation, t''Y7 ' 570 - per cubic yard. $ /d• CY Figures 31 272 CY Place Structure Backfill per cubic yard. ; D• �� /—0 — ' CY Pigures :8RID-GE IMPROVEMENTS 1 48 EA Furnish Precast Prestressed Conc. Deck Units 48" Wide -T'l1 O cr S 4?.1 d x. arrr,P,d 42n kc2 per each. 6OO,' Each Figures 2 48 EA Erect Precast Prestr�esseq Canc. Deck Units 5 eVen [�}-CJr_ed a - D1210,145 - - - per each. $ Each Figures 3 145 CY Str cture Concrete (Bridge) � L!lldlPd /�Q/((f per. cubic yard. ; 74� S.S OD Cubic Yd. Figures P-4 ---:-=---------------C It_m Approximate Item with Unit Price Unit No. Quantity written in Words Price Total ; 4 23,200 LBS Bar Reinforcing Steel er pound. (oS , $f.5 L$. Figures - - V-- 5 535 SY Cold Plane Exist. Asphalt Conc. Pavement 1 UC per square yard. $ J $ Z, Sq. Yd. Figures ; 6 130 Tons Asphalt Concrete Wearing Surface LW Av Qn/IAZ2S per ton. $ 4" sS Ton Figures ; 7 1,464 LF Furnish Precast Concrete Piling (45 tan) Ste ; per linear foot. Linear Ft. Figures ; 8 46 EA Drive Precast Concrete Piling J� e C�YSr✓czl.��`lY� Z *a per each. $ `'"D D. $ �•.?,oao. Each Figures ; r � , 9 LUMP SUM Bridge Removal Portions 2 e— ; h1)r1 ,7 d DO Llar_S lump sum. Lump Sum Figures ; TOTAL BID FOR SCHEDULE A OF THE TOTAL BID FOR SCHEDULE A ; CONSTRUCTION CONTRACT WRITTEN IN WORDS: OF THE CONSTRUCTION ; CONTRACT WRITTEN 41"Jh j2h IN FIGURES: OU S�irG1 5�X f/Weulr-ed SP.z,e 7- 7h► ee /3I7, 32 332a_ CY GD»5fir"u[fi Ur1Cl9s��- �rd -�r ► ✓ - . ` � ' 33 185_0 CY LlnClO-SlAed er�CAvatio.ti _ � _ �lr7c Icid��if 1"L P«w ewt Penjeaw) TGJ D D o ! P-5 P CY F•,u,�s SCHEDULE 8 ' OF THE CONTRACT Item Approximate Item with Unit Price Unit No. Quantity Written in Words Price Total r :8RI0GE IMPROVEMENTS r ' 1 58 EA Furnish Precase Prestressed Conc. Deck f Units 48" Wide D u ri per each. s2 2oo. ;12 , - ; - - Each Figures 2 58 EA Erect Precast Prestressed Conc. Deck Un i is S P V e n U,-dr-e d be ? 10►^S per each. r ; OQ� Each Figures 3 151 CY St utture oncrete (Bridge) J AgA6per cubic yard. ; = _ Cubic Yd. Figures 4 24,200 LBS Bar Reinforcing Steel per pound. ; .rfl� S� - 73 - Per Pound Figures 5 95 TONS As halt Concrete Wearing Surface A�i-L4 pa/lyr5 per ton. ; Ton Figures _ -6 •2-r3,18_LF Furnish Precast Concrete ' 2157 Piling (45 ton) , ,�- per linear foot. L near Ft. Figures r 7 "-E* Drive Prepst n-__`_ressed Concrete rf4ea Min rw Q� per each. ;/SGO, r Each Figures ;CHANNEL IMPROVEMENTS ' 1 1+ Furnish Precast Concrete 75 CA Shee,�.Pi l ing 4$" width _��� T/lp(154�� /gyp /Y �Lf/' !ii1'✓rPc✓ A d4z-per each. ;A y0O. ; o0,ppo- ,; _ Each Figures P-b Item Approximate Item with Unit Price Unit No. Quantity Written in Words Price Total 2 -74 E'A Drive Precast Concrete ! Sheet Piling UD/�r^S per each. $ 1, DOS• ' $ �S,A'�d� Each_ Figures 3 870 CY Unclassified Excavatione?t/� //!! b01/4r5 per cubic yard. $ $., Cubic Yd. Figures TOTAL BID FOR SCHEDULE B OF THE TOTAL BID FOR ; CONSTRUCTION CONTRACT WRITTEN IN WORDS: SCHEDULE B OF THE CONSTRUCTION CONTRACT 5/ i'1r WRITTEN IN FIGURES: r �pNS� z /?5 /►/��T�HG �/�V�M@/t�J f ?'yrJ P-7 i In accordance with Government Code Section 14310.5. the HiUder ;hail coaulete, 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, r completing a federal, state, or local government pro3ect because of a viol ion of law or a safety regulation? Yes NO L ! It the answer is yes, explain the circumstances in the following space. J. d f a i1 1 } Note: This questionnaire constitutes a part of the Proposal, and signature on the signature portion of this Proposal shall constitute signature of this questionnaire, 83 REWIJ -0 JAB+ 2 a 1� , 1 GENERAL ACKNOWLEDGMENT CAI.-23 State of California On this the day of February before me County of pan dernarcino SS. -antra 6. 1.ovei i the undersigned Notary Public, personally appeared Doyie 'W. Powei I • $] personally known to me • ❑ proved to me on the basis of satisfactory evidence OFFICIA:SEA to be the person(s) whose name(s) Is subscribed to th, SANDR>1 J. L },, • NOTARY PUNLIORNIA within instrument, and acknowledged that executed it. SAN IN WITNESS my hand and official seal.9MYCOMM. EV. MAR991 • otary's Signature • I • ............................................................................................................................ A-r-AeW M n1T B NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY EACH AWARDEE OF A PRINCIPAL CONTRACT �+ STATE OF CALIFORNIA) Ss PC) d , being first duly sworn,deposes and says that he Is .��C� (�, n •f- rr (sole owner,a partnar,president,secretary stc.a of PO w ip l 0 n n S ►^rA C�f►C�p 1 ( h� f�// �� the party malting dw foreSolng bid;that such bW Is not merle in de Interest of or on behalf of any undisclosed person, 111 partnership, company association, organization,or corporation; that such bid Is genuine and not collusive or sham; that said bidder has not directly or Indirectly induced or solkitod any other bidder to put In a fake or sham bid,and has not directly or indimc*colluded,conspired,connived.or agreed with any bidder or anyone else to put In a sham bid,nor that anyone shall refrain from bidding; that said bidder has not In any manner,directly or Indirectly,sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder, nor to fix any overhead, profit, or cost eMnent of such bW price,nor of that of any other bidder,nor to secure any advantage against the public:body awarding the contract or anyone Inter essed in the proposed contract;that all ktateeents contained in such bid an tnre;and,furdwr,that said bidder has not directly or Indirectly,submitted his bid price or asry breakdown thereof,nor the contents thereof, nor d*Wpd Infennatlon or data relative dwete, nor paid and will not pay he In connection therewith to army corporation,partnership,company,amociation,orpnizadon,bid depository,nor to any member or agent thereof,nor to arty otlw Individual except to such person or ptreons as haw►a partnership or other flrtanclai Interest with saki bidder In his general business. r - 51$md: I Title V r< C" q Subscribed and sworn to before ne this_day of .19 t seal of Notary Notary Public: I • 4 � 345-8 N —17 PROPOSAL 6 CONTRACT Form IaA 2•r] CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director January 28, 198c1 (7141 536-5431 WIDENING & LENGTHENING OF BROU>:r URST BRIDGE CC-546 cIJ ADDENDA NUMBER Notice to All Bidders: The following revisions and additions shall be made to the bid documents: J. Re: Item #3 on Addenda Number One Reference shall be made to sheet number four not sheet number three. This retaining wall shall be located adjacent to the east edge of the barrier transition footing and wing wall. Top of wall shall be at sidewalk grade. This wall will prevent undercutting of adjacent footings during future earthwork excavation for the channel. 2. Re: Sheet two of the Plans Bride Quantities Structure Concrete - Change 860 CY to react 296 CY Reinforcing Steel - Change 137,600 LBS. to read 47,400 LBS. Structure Excavation - Change 926 CY to read 870 CY Change Bid Item #30 on P-4, accordingly Furnish 15 112 inch Concrete Piles - Change 3660 LF to read 3786 LF Furnish/Drive Concrete Sheet Piles - Change 74 each to read 75 eac� Change Bid Item #2 on P-7, accordingly 3. Re: Page "N-I" of the Notice Inviting Sealed Bids Work Item 24, Street Lights - Change 4 each to read 6 each 4. Re: Page "N-3" of the Notice Inviting Sealed Bids Work Item 6 - Change 2318 LF to read 2257 LF Work Item 7 - Drive 45 ton Piles - Change 76 each to read 74 each Work Items 1 & 2 - Change 74 each to read 75 each 5. Re: The 'Bid Proposal Section" Change the items identified below on the permanent "P" pages and the bid proposal "P" pages (i.e. the perforated pages designed for easy removal). Page 3, Schedule A, Item 24, Street Lights - Change 4 each to read 6 each i • xiaenLng do Lengthening of Brookhurst Bridge Addenda No. 3 January 28, 1988 Page 2 Page 6, Schedule B: Bridge Improvements - Item 6 - Change 2318 LF to read 2257 LF Item 7 - Change 76 ea t-.o read 74 each Channel Improvements item 1 - Change 74 eacn _o read 75 each Page 7, Item 2 - Change 74 to read 75 each E�. Re: Schedule B of Bid Pro4LeLal Under the heading "CF4 �NND_ IMPi�Oiif=i• ENTS:' add the foliowing hid item to pay for the levee pave-iie it shown as note 24 on sheet 5 of the PLANS: Item Approxima:F! item with Unit Price Unit No. Quantity Written in Words Price. Ton Total 4 34 Tons Construct 2" asphalt concrete pavement over soil per ton $ $ 7. Re: "Order of Work" It is the intent of the Special Provisions to drive the twenty-four piles in the widening portions of Bents #3 and #4 prior to April 1988 to avoid turbidity affecting environmental quality (California Least Terns). Other piles may be driven later as they will be driven into non-channel areas and will not cause turbidity. Commensurate with this priority. It is the intent of the Special Provisions to place the temporary pedestrian bridge westerly of the work area (Orange County Flood Control right-of-way) and construct the grading, retaining walls, and sheet piles to finish in time to allow pedestrian traffic to detour on the temporary bridge and through the work area (before bridge phasing requires closure of the existing sidewalk). 9. Re: Storage of Ccnstruction Materia!s The contractor will be allowed a temporary storage area along the easterly curb of Brookhurst Street (northerly of the existing bridge and 200 feet southerly of Bushard Street) subject to the foliowinq requirements: Contractor shall: I. Provide the City with a fencing plan which does not destroy existing pavement and meets the approval of the City Engineer. 2. Provide reflectors along Vie fencing, raised pavement markers, and traffic striping meeting the approval of the City Engineer. Full compensation for these items stall be borne by the Contractor and will not be paid for by the City, County or Federal funding. v .Widening'& Lengthening of Brookhurst Bridge Addenda No. 3 January 28, 1988 Paqe 3 9. Re: Sheet 14 of the Plans, Section A-A (Precast - 1�rc'S`r °,ed Deck Unit) Change locations of prestnE ssed strand center of t v from 3 1/2 inches to 3 1/8 inches, There will be :4 galvanized, 1/2 inch :7. : -.: ter low relaxation strands. ��j 6 10. Ke: Sheet 9 of the Plans, Spf-,-ifications Notes for Cure: =t�.: Delete sheet piles frorn last sentence Add - Sheet piles shall b•� 658 pounds (7 sack) minimum Specification notes for i,nit stresses change prestressinq strands from, .fy = 2 •J, OO psi to fy 240,000 psi l 1. R'e: Sheets 3, 4 and 6 of the Flans, Concrete Barrier Rail Type 25 A concrete Barrier Rail on the top of the west side retaining wall shall be 329 feet in length from Station 12 + 25 to Station 15 + 84 (angle point). 12. rye: Sheet 15 of the Plans ano Pacge P-6 of Bid Proposal Packet All sheet, bridge and retaining wall piles are precast concrete piles as indicated on Sheet 15. Delete the "Prestressed" reference on Item P7, of page P-6 in the Bid Proposal as there are no prestressed piles on this project. 13, Re: Sheet 5 of the Plans, Channel Improvement Plan at Driveway "C" Locate driveway to clear existing wall. Protect wall in place. 14. Re: Sims The following signs shall be provided by the Contractor: "Bicycle Trail" sign directing bicycle traffic to the paved bicycle path under Pacific Coast Highway at the east end of the levee adjacent to the Santa Ana River. Pedestrian signs directing pedestrian traffic during construction . Signs identifying dates of construction fc,r public information. Locate signs as directed by the Engineer. Payment for the signs shall be included in "Cle,3rinq and Grubbinq" in Schedule A of the bid documents. 15. Re: Specifications, Page F-57 Subsection 400-2 "Precast Concrete Sheet Piling" Change 6,000 PSI compressive strength to read 5,000 P.S.I. Widening h Lengthening 0 rookhursL BriOge: Ado nda No. 3 January 2B, 1988 Page 4 lb. Re: S ecifications Page F-53 Suhsection 316- 10.1 ":Driving Concrete Pilinq" Add the following paragraph at. the end of tiii� : action: "Piles shall tic located as indicated on .-!.-ins and shall be within one inch laterally (north - south) and three i- longitudinally (east - west) of indicated lfle 3tlons. 17. Re, Sheet 10 of the Pla; . "Typical Section of they .;..-.(Amerit" Delete the one foot of rock below the abutment Ifi. Re:, Sheet 4 of the Plane, Item Number 7 (141-- ) Contractor shall piliri this pipeline as directed by the Engineer. Payment for this item shall be included in "Clearing and Grubbing" on Schedule 'A' of the bid documents. 19. Re: Sheet i i of the Plans, Bent Piles Eight pile bent adjacent to existing pile bent. Add the following note: Provide, five (5) font additions! length for these piles (16 total) to accommodate pile driving leads and provide vertical clearance above the existinq pile cap for driving head. Payment for extra pile length and cutting of concrete and reinforcing shall be included under Schedule B, Bid Item 6, Page P-6 20. lie: Sheet 7 of the Plans Pay line for structural backfill shall be one foot behind retaining walls. 21. Fie: Section 300-2.6, Unclassified Excavation: Unsuitable Material There will not be any removal of two (2) foot thick layer of unsuitable material. As an explanatory not this material had been considered to be an obstruction of retaining wall construction; however, the retaininn wall design with the pile footing mitigates this problem, the material may remain in pla-P with roadway embankment piacP on it withOLA adverse affects. it is the intent to delete the removal required for this material from the contract 22. Re: Sheet 3 and 4 of the Plans A levee with a top of berm elevation of +9 feet is shown. This levee is to be constructed as part of an adjacent projec_, by the Huntington Beach Coastal Conservancy. Regulatory permits are restrictinq the construction of this adjacent project and the berm shown as existing will not be in place at the time the bridge project begins (the anticipated start date of the levee construction is August 1988). Consequently a revised plan will be issued to the Contractor prior to beginning construction and the following bid item shall be added to Schedule A page P-4: Wideninq.& Lengthening of Brookhurst 13ric1nr- Addenda No. 3 January 28, 1968 Page 5 Item Approximate ..7j with Unit Trice Unit No. Quantity viritterj in Words price Total 32 3,320 CY Co , ruc.t. unclassified fill per c.y. $ _ _ $ C:Y Figures 33 1,850 CY L •-rlt»_:,f;e0 excavation (irir h;oinc pavement removal) per c.y. $ $ — -- Cl" Figures 23. Re: Cal Trans Encroachment Permit Caltrans will issue an encroachment ne?rmit to the City for work required on Pacific Coast Hiqhway. The Contractor will not hear any costs in outaininq that perrnit. As part of that work a two hundred (200) foot lone tapering acceleration lane will be added to tho Glans prior to construction. The earthwork required for this lane is included in tha unclassified fill quantity of 3,320 c.y. The asphalt concrete '3id Item #10, Paqe P-2 shall be increased from 1418 Tons to 1,900 Tons anti the aggregate base Bid Item 119, Pagc '-2 shall be increased from 1,338 C.Y. to 1,575 C.Y. and shall include full compensation for the aggregate suabase required for the acceleration lane. 24. He: Construction Note #26, Sheet 4 of Plans The outside diameter of the 16 inch diameter water line is 19 1/2 inches. You are requested acknowledge this receipt of the addendum with your bid proposal. Very truly yours, Les G. Evans Acting Director of Public Works LE:DRN:dw This is to acknowledge receipt and review of Addenda Number Three dated Jan ry 28, 1988. It is understood that the revision of new documents shall a in ded i e bid documents. S Co ompany By Date 1508g e Lim CITY OF HUNTINGTON BEACH k�- " 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536-5431 January 28 , 7- �-86 Widening and Lengthening o; Brookhurst Bridge CC-546 Addenda Number 4 Notice to All Bidders : Re: Disadvantaged Business Enterprises (DBE) Requirements The DBE requirements, as defined on pages D-1 through D-10 , are applicable to the costs of the entire project . This includes both Schedule A (Federally Funded portion of contract.) and Schedule B (County Funded portion of contract) . Re: "Notice to All _Bidders" , Page Two of Specifications The D-6 form and or the "Good Faith Effort Statement of DBE Participation" , D-9, need not be submitted with the bid. However, after bid opening, the low bidder must submit the D-6 form and or the "Good Faith Effort Statement of DBE Participation" within 24 hours of the bid opening. You are requested to acknowledge this receipt of the addenda with your bid proposal. Very truly yours, Les G. Evans Acting Director of Public Works This is to acknowledge receipt and review of Addenda Number Four , dated January 28, 1988. it is understood that the revi ion of new documents shall be included in the bid docume is Co- ompany By 2z � Date ' CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook January 15, 1988 Public Works Department Director (714) 536-5431 Widening and Lengthening of Brookhurst Bridge CC-546 Addenda Number 2 Notice to All Bidders: The following revisions and additions shall be made to the bid documents: 1. The schedule for the optional pre-bid conference has been changed to Wednesday, January 27, 1988, at 10:00 A.M. in Room B-6 (in the basement of Huntington Beach City Hall) 2000 Main Street, Huntington Beach, CA. 2. Section C (Proposal) of the Specifications shall be expanded to include page C-15 "Bidder Questionnaire" (see Attachmnt A) and page C-16 "Non Collusion Affidavit By Each Awardee of a Principal Contract" (see Attachment B) . 3. Be: Typical concrete sheetpile elevation on Sheet 15 cf plans - Change 16-#6 rebars to read 16-#8 rebars. You are requested to acknowledge this receipt of the addendum with your bid Proposal. Very truly yours, n -j", jj . Les G. Evans Acting Director of Public Works LE:DRN:lw 'Ibis is to acknowledge receipt and review of Addenda Number Two dated January 15, 1988. It is understood that the revision of rx w all included in the bid docu.nents. Conpany BY Date CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 926M January 14, 1988 Paul E. Cook Public Works Department Director (714) 536-5431 WIDENING AND LENGTHENING OF BROOKHURST BRJDC E: CC-546 ADDENDA NUMBER I Notice to Ali Bidders: The following revisions and additions shall be made to the bid documents: Item r71: On pane F-19 of the Special Provisions, in the last sentence of the third (last ) paragraph change "modified Type 50 Concrete Barrier" to read: "modified Type 25 Concrete Barrier." There are no Type 50 concrete barriers on the Project. -4 Item 12: On page F-57, in Section 400-2.1 "Driving Sheet Filing" of the Special Provisions, delete the entire third paragraph which begins "Driving of sheet Piling..." and replace it with the following: Drivino of sheet piling shall be done priorlto driving of the bridge pilinq for :+butments Nos. l ard 6. Sheet pilinq shall be driven by a combination of jetting thro=arch internal (cast-in-pile) jets and by the use of a variable energy hamn;a; witt'. :,n energy which can be varied between 48,000 foot-lbs and 105,000 foot-It s. The Engineer shall be the sole judge of suitable jetting pressures` pile ('.riving energies, and the length of time each pile driving aid (hammer or jettinq) is applied to the sheet pile. Item it -in Sheet Hof liw flans an the plan view from station 15+30 to station 15+58 alonq thi- b:3ck )l sidewalk on the right-hand side of the road, a six foot high Type 7Ci r-�tair.iriq wall conforming to APWA Standard Plan 616-0 (which is attacher; to tip,' addendum) shall be constructed. Full compensation for all structural e4 .'ration, backfill concrete and reinforcement has heen included in the mjonti i, .; ,hewn on the Bid Proposal in the contract and no additional adjustment r)i tiantities is required. r Widening Lengthenionq of Brookhurst Bridge January 14, 1988 Page 2 You are requested to acknowledge this receipt of the addendum with your bid proposal. • Iru l ours, Les C. Evans Actinq Director of Public Works This is to acknowledge receipt and review of Addenda Number One, dated January 14, 1988, .It is understood that the revision of new documents shall be in tided in the bid documents. Company- - -- - By Date l - -144 13 '88 11: 13 RHF IRVrE .- � P.3i3 for Ars o owe. Ai'a rs tR-v wf$ - s.• Pe. P,rs tip bws/1s/VVW4 a -•s� e ip •40 4 p. EIMLATIO tu,raw/ hA/ PLA FOOTING STEP DETAILS 0/srpn Irnuls �7r s/ppf Or lurCACr� Tj•A+CpI.�...+..�-+�� f���� I �'I• r ibI z l+gos +rrrirss+e�ro+► Oslo /? Q b � � = Rer/A1sM sosihsNl�r Jo/sI lyj. 4 d14/kwwww4 meow • �- I'S&Vt�sr WO y (�-NbMas'/' OW Now --_ f � t w Try ZYPE TA WALL RErA AmNe WALL DATA TYPE 7B fle �1vG WALL DA A TYPE 7 A r0 a,� j.•�. o• r •' .' s'o' ,. V~ m ,r-le 4-0" s-r e'•a• r-0• tr i-o• o- r'�• �• ,. Q. F� w s'�- r''s' 3,io' i" �'e' r • +Tire 04010 #VIs 10361e +tea 1I ~10 mole "14 • 10 ~s s • ~fe ~1a 0401it /.001e #"Is os 8.8 s.r a.. 2.17 4.0 ftm it&/L.f 0.0 t 7 to t a! j T.1 1.• r1.7 omR r AMtRICAN PUBLIC WORK* ASSOCIATION — &OUTHRRN CALIFORNIA CMAPTIR rw•mo+tw n n+amwAaac REINFORCED CONCRETE °°M`"`! °°WW"M RETAINING WALL TYPE 7 616-0 wn rumc. tam"�nm F"R*.e waw oawrR=m per+o•