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R J Noble Company - 1999-10-04
~� SECTION C PROPOSAL � �,'2F� for the ARTERIAL HIGHWAY REHABILITATION '%Yarner Avenue Beach to Newland Heil Avenue,Saybrook to Bolsa Chica; Graham to Springdale; and Beach to Newland Edinger Ave Golden West to Gothard CASH CONTRACT No. 1109 in the CITY OF HUNTINGTON BEACII TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working clays, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final corrpensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,and words shall govern over figures. C-t PROJECT BID SCHEDULE Item Estimated Item with unit priceExtended:.. ' ...,_ No.'` Quantit} '.-,Written in s Unit Price".' Amount;: PC Doo K 3S287 - WARNER-BEACII TO NEWL.AND(SCIID n 1 1 Mobilization THIRTEEN THOUSAND SEVEN HUNDRED LS C VT= Dollars S13,750.0, 0 S 13,750.04 NO Cents Per LS 2 1 Traffic Control LS a EIGHT THOUSAND SIX HUNDRED Dollars $ 8,600.00 S 8,600.0 NO Cents Per LS 3 1550 Unclassified Excavation CY a TWENTY-EIGHT_ Dollars S 28.13 S 43,601, THIRTEEN Cents - Per CY 4 34200 Cold Mill SF O NO _..._ ,Dollars $ '23 S 7,866.0 TWENTY THREE Cents Per SF 5 Curb&Gutter per H.B.Std.Plan#202 NOT IN CONTRACT THIS SCHEDULE none nne 6 Reinforcing Fabic NOT IN CONTRACT THIS SCHEDULE none none 7 1320 Construct Asphalt Concrete Overlay Ton @ THIRTY TWO Dollars S 32.67 S 43,124.4 SIXTY SEVEN Cents Per Ton 8 1210 Construct Asphalt Concrete Overlay w/Latex Ton a THIITY SEVEN Dollars S 37.70 S 45,617.0 /. REVENTY Cents Per Ton 9 3000 Construct Asphalt Concrete Ton a THIRTY TWO Dollars S 32.35 S 97,050.0 _ THIRTYFIVE Cents Per Ton C-Is PROJECT BID SCHEDULE tein st:rnate tem wit untt price xten e NO. Quantity , . written in words Unit Price Amount 10 Construct Aggregate Base NOT IN CONTRACT THIS SCHEDULE none none I 1 10 Adjust Manhole to Grade per H.B.Sid.Plan#306 Each Q ONE HUNDRED NINETY E-�W DolIars S 198.00 S 1,980.0 NO Cents Per Each 12 18 Adjust Water Valve to Grade per H.B.Sid.Plan#612 Each a ONE HUNDRED SIXTY Dollars S 160.00 S 2,880.0 J NO Cents Per Each 13 Adjust Misc.Cover to Grade per 11M Sid.Plan 0219 or#612 NOT IN CONTRACT THIS SCHEDULE none none 14 16 Replace Traffic Signal Loop Each «. ONE HUNDRED EIGHTY SEVEN Dollars $ t S7_nn $ 2,992. " NO Cents Per Each 15 1 Striping(No RPNI'S) LS c, THREE THOUSAND SEVEN HUDNF.F%llars S 3,770.00 S 3,770.0 SEVENTY DULLAK5 NO Cents Per LS 16 1 Striping Raised Pavement[Markers Only � LS C THREE THOUSAND TWO HUNDRED Dollars $ 3,235.00 S 3,235. NO Cents Per LS SCHEDULE! Sub Total Amount Bid in Figures: S 274,465.90 Sub Total Amount Bid in NVords:Tl,,,o HUNDRED SEVENTY FOUR THOUSAND FOUR HUNDRED SIXTY FIVE DOLLARS & NINETY CENTS C-2s PROJECT BID SCHEDULE ItemEstimated ;.`:::,:.. :.:. : ' tem with unit price Extended 1!'0.` Quantity : `: ':.r . written in iF6rAs Unit Price °'.`Amount . PC Does#3S294 HEIL AVENUE(SCHEDULE 11) 1 l Mobilization LS « SEVENTEEN THOUSAND FIVE HUDNRED11ars S 17,550.00 S 17,550.00 CENTS Cents Per LS 2 l Traffic Control LS Q SIX THOUSAND THREE HUNDRED Pollan $ 6,300.00 S 6,300.00 NQ -- .. Cents Per LS 3 3650 Unclassified Excavation CY C EIGHTEEN Dollars S 18.39 S 67,123.50 THIRTY NINE Cents Per CY 4 89830 Cold Mill SF a N0 Dollars S .13 S 11,677.90 -THIRTEEN_ Cents Per SF T S Curb&Gutter per H.Q.Std.Plan Ai202 NOT IN CONTRACT THIS SCHEDULE none none 6 352960 Reinforcing Fabic SF a NO Dollars S •10 S35,296.00 TEN CENTS Cents ! Per SF i 7 7268 Construct Asphalt Concrete Overlay Ton a THTRTY Twn _ Dollars S32.32 f34,901.76 THIRTY TWO Cents Per Ton 8 Construct Asphalt Concrete Overlay w/Latex NOT IN CONTRACT THIS SCHEDULE NONE NONE 9 6970 Construct Asphalt Concrete Ton a THIRTY ONE Dollars S3.1 .0.0 §16,070.00 NO Cents Per Ton C-13 _ PROJECT BID SCHEDULE Item Estimated .. tern with unit price 77 Extended No. Quantity -written in words - Unit Price Amount 10 1220 Construct Aggregate Base Ton C NINE Dollars S 2.56 S 11 ,663.211 FIFTY SIX Cents Per Ton It 40 Adjust Manhole to Grade per H.B.Std.Plan#306 Each a ONE HU`,NDRED NINETY EIGHT Dollar S 198.00 S 7,920.0 NO Cents Per Each 12 44 Adjust Water Valve to Grade per 11.13.Std Plan#612 Each C ONE HUNDRED SIXTY Dollars S 160.00 S 7,040.0 NO Ccnts Per Each 13 1 Adjust Misc.Cover to Grade per H.B.Std.Plan#219 or#612 Each rr EIGHT HUNDRED TWENTY FIVE Dollars S 825.00 S _ 825.0 _NO Cents Per Each 14 18 Replace Traffic Signal Loop Each a 013E HUNDRED EIGHTY SEVEN Dollars S 187.00 S 3,366.0 NO Cents Per Each 15 I Striping(No RPM'S) FIVE THOUSAND "SEVEN HUNDRED LS agwny Dollars S 5. AZ 5_fl(l S 5,785.0 Cents Per LS NO 16 l Striping Raised Pavement Markers Only LS n FIVE THOUSAND Dollars S 5,000.00 S 5,000.0 13(l Cents Per LS SCI[£DULE II Sub Total Amount Bid in Figures: $ 630,518.36 Sub Total Amount Bid in Words: SIX HUNDRED THIRTY THOUSAND FIVE HUNDRED OLT.ARS & THIRTY SIX CENTS C-2s PROJECT BID SCHEDULE , Item Estimated Item with unit price Extende. , No. `Quantity. ":writ#en in worris }: >'Y1ni#Price : :Amount PC Docs#35293 EDINGER AVENUE(SCHEDULE III) C/ 1 1 Mobilization LS TEN THOUSAND FOUR HUNDRED Dollars $19_,400.00 S 10,400.00 NO Cents Per LS 2 I Traffic Control LS C SIX IHOUSAU FIVE HUNDRED Dollars S 6,500.00 S 6,500.00 NO Cents Per LS 3 1200 Unclassified Excavation CY « TWENTY Dollars S 20.48 $ 24,576.00 FORTY EIGHT Cents Per C. 4 _ 23500 Cold Mill SF C NO Dollars S .28 S 6,580.00 11TENTY EIGHT Cents Per SF 5 157 Curb&Gutter per H.B.Std.PIan#202 LF C TWENTY SEVEN Dollars S 27.50 S 4,317.50 FTFTY__ _ _ Cents Per LF 6 147000 Reinforcing Fabie SF Q NO Dollars S .08 S11,760.00 F T rHT Cents Per SF 7 1726 Construct Asphalt Concrete Overlay Ton a THIRTY TWO Dollars $32.15 5 55,490.90 FIFTEEN Cents Per Ton 8 Construct Asphalt Concrete Overlay W Latex NOT IN CONTRACT THIS SCHEDULE NONE NONE 9 2310 Construct Asphalt Concrete Ton @ THIRTY Dollars $30.35 S 70,108.50 THIRTY FIVE Cents Per Ton C-Is PROJECT BID SCHEDULE ' r Item Estimated Item with unit price Extended No. Qttantify 'written in ti}ords Unit Prit c Amount 10 Construct Aggregate Base NOT IN CONTRACT THIS SCHEDULE none none 11 2 Adjust Manhole to Grade per 11.B.Std.PIan#306 ONE HUNDRED NINETY EIGHT 198` / Each a Dollars S 00 S 396.00 NO Cents Per Each 12 11 Adjust Water Valve to Grade per H.Q.Std.Plan 9612 Each C ONE HUNDRED SIXTY Dollars $ 160.00 S 1,760.0 NO Cents Per Each 13 Adjust Misc.Cover to Grade per H.B.Sid,Plan 0219 or 9612 NOT IN CONTRACT THIS SCHEDULE NONE NONE 14 53 Replace Traffic Signal Loop Each u- ONE HUDNRED EIGHTY SEVEN Dollars S 187.00 S 9,911.0 0 Cents Per Each 15 1 Striping(No RP,lv['S) THREE THOUSAND FIVE HUNT ED 3,512.00 3,512.0 LS rr Dollars S $ TWELVE DOLLARS & NO Cents Per LS 16 l Striping Raised Pavement Markers Only FOUR THOUSAND SIX HUNDRED LS a Dollars 5 4,670.00 S 4,(70.0 NO Cents Per LS SCHEDULE III Sub Total Amount Bid in Figures: $ 209,981.90 Sub Total Amount Bid in'*Vords: TWO HUNDRED NINE THOUSAND NINE HUNDRED EIGHTY ONE, DOLLARS SCHEDULE 1, 11 & 11 Grand Total Amount Bid in Figures: $ 1,114,966.16 Grand Total Amount Bid in Wards: ONE MILLION, ONE HUIr`DRED FOURTEEN THOUSAND, NINE HUNDRED SIXTY SIX DOLLARS & SIXTEEN CENTS If awarded the Contract, the undersigned agrees that in the event of the BYDDER'S default in executing the required contract and fling the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, findlOZBid Bond in the amount of$------------which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: 'AddcndQ 1V6:` '.:€€ €€: Ddte Rccciti�ed :€= '. =:'. : : ~;.,...::: :I3iddrrs:Si nature:: f No. 1 9/14/99 MICHAE J. CARVER, PRESIDENT C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shalt set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. °Portion::: e rtiirl Arlrlress of Suhconlrncror `Stktc License::::; Class °o :T6orh. ....: ..:. : ..... . .... .. . -:: :. :: :. .. Nunrbcr SMITHSON ELECTRIC, INC. 1.3% 1938 E. Katella Ave. Orange CA 92867 614518 RAMIREZ CONSTRUCTION, INC. 1.92 20815 Currier Rd. Walnut, CA 91789 683241 C61 D64 2.21 PAVEMENT RECYCLING SYSTEMS P.O. Box 1266 Riverside CA J & S SIGN CO!-TANY, INC. 538211 C-32, D-4 2.12 22 W. Katella Ave. Orange, CA 92867 C-61 By submission of this proposal, the Bidder certifies: 1. _ That he is able to and will perform the balance of all work which is not covered in the - above subcontractors listing. 2., That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT ' TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange MICHAEL J. CARVER , being first duly sworn, deposes and says that he or she is PRESIDENT of R.J. NOBLE COMPANY the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. R. J. NOBLE COMPANY Name of Bidder Signature of Bidder MICHAEL J. CARVER, PRESIDENT 15505 -E. Lincoln Avneue Address of Bidder Orange, CA. 92865 Subscribed and sworn to before me this 22nd day of Sept. M.A. GROSKOPF COMM.#1130198 fl NOTARYPUSUC-CAUFORNIA Q ORANGE COUNTY my Comm.Irv,Aorl 21,2MI NOTARY PUBLIC Jf NOTARYSEAL C4 UTILITY AGREENIENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ARTERIAL HIGHWAY REHABILITATION, CC-1109, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in 'Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A parson who, by reason of experience or instniction, is familiar with the operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. R. J. NOBLE COMPANY Contractor MICHAEL J. CARVE!?, PRESIDENT Title Date:September 22, 1999 C-S DISQUALIFICATION QUESTIONNAIRE ' In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project/N0use of a violation of law or a safety regulation? ❑ Yes If the answer is yes, explain the circumstances in the space provided. 013E Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. GG COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. R. J. NOBLE COMPANY Contractor � VT B MICHAEL J. CA.RVt , PRESIDENT Title Date: September 22, 1999 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4I33 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: R. J. NOBLE COMPANY Contractor By MICHAEL J. CARVER, PRESIDENT Title Date: September 22, 1999 Note: This form is required for every Dig Alert Identification Number ismied by U.S.A. during the course of the Mork. Additional forms may be obtained from the AGENCY upoi request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: R. J. NOBLE-COMPANY Bidder Name 15505 E. Lincoln Avenue Business Address Orange, CA. 92865 City, State Zip e14 637-1550 Telephone Number A-121735 A - State Contractor's License No. and Class 10/2/50 Original Date Issued 7/31/2000 Expiration Date The work site was inspected by STEVE MENDOZA of our office on 199 9. The following are persons, firms, and corporations having a principal interest in this proposal: R. J. NOBLE COMPANY, A CALIFORNIA CORPORATION MICHAEL J. CARVER. PRESIDENT ,TAMER -I- WINT.RAVY_ SECE-ETARY/TRRACTTRER STAN HILTON, ASSISTANT SECRETARY C-9 The undersigned is prepared to satisfy the Council of the City of Huntingtori Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. R. .J. NOBLE COMPANY Company Name S�i ature of 6dder MICHAEL J. CARVER, PRESIDENT .t Printed or Typed Signature ' Subscribed and sworn to before me this 22n4flay of September , I999 . . M.A. GROSKOPF COMM.#1130198 0 NOTARY PUgUC CwFORNIA O ORANGE COUNTY My C6t1fri.ExD•ADsa 21,2001 NOTARY PUBLIC - = NOTARY SEAL Listed below are the names, addre and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I• CALTRANS — District 12, 3190 #J Airport Loop _Dr_ive, Costa Mesa, CA. Name and Address of Public Agency Name and Telephone No. of Project Manager: Alf SolehJ ou 714-556-9416 $2,721,302 Nyes Place to Myrtle St., Orange Cty 3/99 Contract Amount Type of Work Date Completed 2. CITY OF ORANGE — 300 East Chapman Avenue, Orange, CA. Name and Address of Public Agency Name and Telephone No. of Project Manager: Frank Sun 714-744-5525 $219,259 — AC CONC. OVERLAY PROJECT VARIOUS LOCATIONS 7/99 Contract Amount Type of Work Date Completed 3. CITY OF LAKE ELSINORE Name and Address of Public Agency Name and Telephone No. of Project Manager: 909-564-2392 $579,135 — Street Resurfacing & Slurry Seal Project 8/99 Contract Amount Type of Work Date Completed C-10 M aCITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 ARTERIAL HIGHWAY REHABILITATION CC-1109 ADDENDUM NUMBER 1 September 10, 1999 NOTICE TO ALL CONTRACTORS: Please note the following revisions to Appendix III of the Project Specifications: Replace the Prevailing Wage Rates dated 6/4/99, General Decision CA990035 Modification Number 3 with the attached Prevailing Wage Rates dated 9/3/99, General Decision CA990035 Modification Number 7. All contractors are requested to acknowledge the receipt of this Addendum with your proposal. Very truly yours, Eric R. Charlonne Project Manager This is to acknowledge receipt and review of Addendum Number 1, dated September 10, 1999. It is understood that this revision shall be included in the proposal. i R. J. NOBLE COMPANY , Company Name By STEVE MENDOZA, ESTIMATOR 9/14/99 Date Should you have any questions regarding this Addendum, please call me at (714) 536-5430. 32160 Local Assistance Procedures Manual E UIMTr 12-E PS&E Cheddist Instructions Attachment K LOCAL AGENCY BIDDER-DBE INFORMATION This information may be submitted with your bid proposal. if it Is not,and you are the apparent low bidder or the second or third low bidder,it must be submitted and received by the administering agency no later than the times cified in the special provisions. CO.IRTE.IP.M.: STPLMA 5181 (126) BIDDER'S NAME: CONTRACTNO.: STPLMA 5181 25 S R. J. NOBLE COMPANY BID AMOUNT:$ ADDRESS: BID OPENING DATE: 1/.ZZ/99 -- 15505 E. Lincoln Avenue orange, CA. 92865 DBE GOAT.FROM CONTRACT 10 'b ITEM OF WORK AND NAME OF DBE— DOLLAR PERCEN CONTRACT DESCRIPTION OF WORK OR (Name of DBEs, Certification AMOUNT "" ITEM NO. SERVICES TO BE Number. '0" DBE SUBCONTRACTED OR and Telephone Number) DBE MATERIALS TO BE PROVIDED Various Trucking HUBALCAVA TRUCKING, INC. 112,000.00 10% Item Nos CT 026937 909-393-5616 Total Claimed Participation % If t00°A of item is not to be performed or furnished by DBE, describe exact portion, Including planned location of work to be performed, of item to be Rerformed or furnished by DBE DBEs must be certified by Caltrans on the date bids are opened. Subcontractors and suppliers certified state- funded only cannot be used to meet goals on federally funded contracts. Credit for a DBE supplier,who Is not a manufacturer is limited to 60%of the amount paid to the supplier. (See Sedon "Disadvantaged Business"(DBE)of the special provisions) IMPORTANT: Names of DBE subcontractors and their respective Item(s) of work listed above should be consistent with the name and items of work In the"List of Subcontractors"submitted with your bi purspant to the contractors Listing Law. 9 714-637-1550 ff ignature 16f Bidder Date (Area Code)tel.No. STAN HILTO:',ASSISTANT SECRETARY Person to Contact (Please type or print) DWrtution for NHS Projects: (1)Orfovil-CaRrans DLAE kr NHS Projads,(2)Co rttmal AQerxy p aject ft Dlstr+fxi ian for non-NHS Projects (1)Ork#W LoW Agen q protect f" DEPT.OF TRANSPORTATION (FED DBE)MODIFIED DC- OE-1 9(REV OD-18-95) Local Assistance Procedures Manual E UTMIT 12-E 1 PS&E Checklist lnstructions Attachment K S-I._ PERFORMANCE 4FDBESUBCON7X4CT0RSAArD SUPPLIERS The DBEs fisted by the Contractor in response to the requirements in the section of these special provisions entitled'Submission of DBE Information,Award,And Execution Of Contract;which are determined by the Department to be certified DBEs,shall perform the work and supply the materials for which they are listed unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: (1) The listed DBE, after having had a reasonable opportunity to do so, fails or rdiises to execute a written contract,when such written contract,based upon the general terms,conditions,plans and specifications for the project, . or on the terms of such subcontractor's or supplier's written bid,is presented by the Contractor. ` (2) The listed DBE becomes banlaupt or insolvent. ' (3) Ile listed DBE fails or refi=to pefform.his subconlr=or furnish the listed matn ials. (4) The Contractor stipulated that a bond was a condition of v=udng a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. (5) The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the plans and specifications,or the snbemitractor is substantially delaying or disrupting the progress of the work. (6) It would be in the best interest of the State. The Contractor shall not be entitled to any payment for such work or material unless it Is performed or supplied by the listed DBE or by other forces(including those of the Contractor) pursuant to prior written authorization of . the Engineer. R�LI.A.NC� I3�T>gL7RANC� CC3�P.E�.NY HEAD OFFICE, PHILAD[LPHIA, PENNSVLVANIA Bond No. NIA BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARdHITFCTS A.I.A.DOCUMENT NO.A3101FES.1070 ED.) KNOW ALL MEN BY THESE PRESENTS, that we R. J. NOBLE COMPANY as Principal, hereinafter called the Principal, and I he RELIANCE INSURANCE COMPANY of Philadelphia,Pennsylvania,a corporation duly organized under the laws of the State of Pennsylvania, .as Surety, hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH ' as Obligee,hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMT. BID Dollars i$10% OF AMT. BID ) for thepayment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves,our heirs,executors, administrators, successors and assigns,Jointly and severally, firmly by these presents. WHEREAS,-the Principal has submitted a bid for ARTERIAL HIGHWAY REHAB — WARNER AVE/BEACH TO NEWLAN'D (1109) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the principal snail enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur• nished in the prosecution thereof,or in theevent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in 5ood faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 31st day of AUGUST A.D. 1999 R. J. NOBLE COMPANY ;Principal I lwlln�ss} I L . CHAEL J RVE ;"$RESIDENT t RELIANCE INSURANCE COMPANY S-'tj U, MiC:HAEI IJ: b l.vrru OR Y—IN—FACT STATE OF CALIFORNIA SS. COUNTY OF J RIVERSIDE On before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ ROSEMAW STANDLEY their signature(s) on the instrument the person(s), or the �, CO�Ati7. 1l)g0*a2 entity upon behalf of which the person(s) acted, executed arm �. NOTARY PUXX-CAL(FO,'NLA ca the instrument. ,, RUERSICE COL14rY My Com,n Expires ivie 1.2= WITNESS my hand and official seal. Signa tore This area/or Orl a!Nofariat Scat OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANlCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER 1S REPRESENTING: NAME OF PERSONS)OR ENTRYVES) SIGNER(S)OTHER THAN NAMED ABOVE M-MI Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT RELIANCE SURETY COMPANY. _ - '= RELIANCE INSURANCE COMPANY = . UNITED PACIFIC INSURANCE COMPANY ". ` :RELIANCE NATIONAL INDEMNITY COMPANY • < At7Mff+1iSTRATIVE OFFICE.PHILADELPHIA,PENNSYLVANfA ` - _ f POWER OF ATTORNEY . . t NOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is'a Corporation duly organized under the Laws Of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the taws of the - Comrnonw"Ith of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of - t,Ytsconsin(herein collect wth ively called e Companies*)and that the Companies by virtw of signature and seals do hereby make,oonstttute and appoint- Michael D.Stong.Susan C.Monteon,She"Blume,Rosemary Starrdfey,of RivemkK Catlf wnta their true and lawful Attorney(s)In Fact,to mare. Execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to hind the - C',ompanies thereby as 10y and to the same extent as N such boruls and tNldertskinp and other writings obligatory in the nature thereof were signed by . an Executive Offerer of the Companies and sealed and attested by one other of such officers.and hereby ratifies and confirms all ttwt their said Atka-"- r ey(s}in-Fad may do In pursuance hereof. . . Thls Power o(Attorney Is granted under and by the authority of Article%fil of the By-Laws of RELIANCE SURETY COMPANY,RELLANCE INSURANCE COMPANY,UNITED PACIFIC INSURANCE COMPANY,and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and elect,reading as follows: ARTICLE VIi-EXECVriON OF SONDS ANC LVOERTAKINCB•- i F ' _ 1.-Tbe Boyd of Disc om do henide••m.tie Chakemn of die Hord.my Stwior Via Pwiaeat,any Vida Raider or AnImw We Ruideea or stber fff inn dnign eed by dw Bard of AieaeBon duM hart- yra'a and a"by a 4r Vpaiat Aaaaryo)-a6f act sad to aw5orta dray to eaeent bm%&War die Cosyaey,bonds rid•QQrokiots,nootwusts,caraca d iadraaK7 Bwd adw wrtigp oblitarry w`aua: - leroof,sod ibf so wfrore fry Web AfflorsyU.,.a Fete In sq rkad and revoke die power and I soy tiro to ties L-Asorsyoa 4a-Fxt crap lne poser and&Wwky,abject Is&c wrau and tinridtiore or die lower of Awricy kna to dntm w aucter sad ddMr as feWl or de Company.bmb and na krakimp-, naatsleanosa.oom at of b,desury a6ar rritinp,pbliParory w drt Ana dinaar" Yfie or1'orae sal b am mummy far da vald'ay of Amy book ad w,dvakiV rawtntranom ooriaaca of bacasKy Bad�ilirt 3._Aaaaay(el iFFact read beve yvwat rd miborily lo ezeacira alfkavkz rfgLLmA m be atmC%ad m bmda,rouvp ancef.*Wawa of Wdemaky of 9dw oaedkkmW at fbiKaexy wiidctab nits BM drcy duR abo bs-c parer aad Bulviey ro amity to fires"sa unit at the Company and io copies of*Ar by-Lm sr*&Compa7 or my r&k er Beata dwraer. r..Sa Pow.w or Awry]i.Av;d and sealed b7 facsimile seder grid by swhor4y or to lolkmirg rrdusica adopied by des Eumme rd Finance Coamiaeea of 6e Bards of Dawn"of Reliance taa,amrca Company. Uaiad Pacific tauraBot CampW and Re kwA Nariovol Indemnity Company by Umnimm Camem deed a of Fehriiry!t.1994 rd by dw Eascirive and f+wew comahnf*Fibs Boerd d UirulBra 4<Rciaaaa -- Suer'Company by unea revs Comm dwd ice ar itrsrr 11.r994. - ••Rcawlved dw be sitrotarm of suck d+eesars and orikers and iha new of die Company may be an ad w any twh Poom or Arorsy or any or"K Rs nWias ammo by S&NOW.and aa7'wide _ - i'~of Away or aenifasws beneint Bali 6ninede aitaatum ar f aimik enl pail be vain oak badiat vas ear Coogwy and say arch Po.r ro a.arrad sad ceror d by belmilk signmin r-rid racomie rat till be valid and►iadmt Von 60 Company.is do futwo 01 k rasped tw aw bond r wwdnmta,b p sAch k re aatact W IN WITNESS WHEREOF.the Ccmpwies have caused time presents to be signed and their corporate seals to be hereto affixed,this April 2.10". ' RELIANCE SURETY COMPANY ,,rLwoF - y - RELIANCE INSURANCE COMPANY °�v°'4t►;- r•-- .. UNITED PACIFIC INSURANCE COMPANY `58.14� 15d � a __ _ _ :RELIANCE NATIONAL INDEMNITY COfii1PANY . t - STATE OF Washingron -COUNTY OF ring )ss W. On this, April 2,1299.before me, Laura L Wadsworth, 'personally appeared Mark W.Alsup;who acknowledged himself to be the Yloa President of the-Reliance Surety Company.Aeliance Insurance Company,United Patent Insurance Cornpany,and Reliance National Indemnity Compar<y and that as such,being authorised to do so,executed the foregoing instrurnent for the purpose therein contained by signtng the name of the corporation by himself as ` Its:duly authorized officer. In witness whereof,I hereunto set my hand and official seal. 38iitAt Notary Puboc in and for the State of Washington = - - - .Fkmidsng at Puysllup 1, Robyn Layng. Assistant Secretary of RELIANCE SURETY COMPANY,RELIMCE INSURANCE COMPANY,UNITED PACIFIC INSURANCE COMP. 'ANY;and RELIANCE NATIONAL`INDEMNITY COMPANY do hereby certify that the above and foregoing Is a true and correct copy of the Power of -Attorney executed by said Companies.which Is still in full force and effect. IN'WITNE551nh�EREOF,1 have hereunto set my hand and affixed the seats of said Companies this by of yeas of . `--- yore ry - �� dMt•��4+ .. „►.L loaf. - r. `. �: .. - . e°•Of,►Oiz ea a�OPn�•L r - + r V* - 1 - - - e 'SEAL' : f t °SEA t.Lo` SEAL " - • - _- , ` ,D9a t 0 r, • Assistant Secretary I - e4�..�• �.i -= r+nw"+ _- -hdb a ►`� - _. _. .ti' ._ _ - - _ - _ . a f i • a • State of CALIFORNIA RIGHT THUMBPRINT(Opdonsr) County of ORANGE ]r is 9/1/99 M.A. GROSKOPF Dn before me, � WATEI fNAMEfFITLE OF OFFfCER•I.e.*JANE DOE.NOTARY PUBUC1 S personally appeared MICHAEL J. CARVER, PRESIDENT OF INAPAEISI OF SIGNERMI R. J. NOBLE COMPANY CAPACITY CLAIMED BY SIGNERISI E I ❑If:DIVIDUALIS) I 1 ❑CORPORATE +� t ' XF5 personally known to me -OR OFFlCERISI- ❑ proved to me on the 1nrLLSI basis of satisfactory OPARTNERIS) ❑LIMITED evidence to be the ❑GENERAL person(s)whose name(s) CATTORNEY IN FACT �! Is/are subscribed to the ❑TRUSTEE(S) within instrument and CGUARDIANICONSERVATOR acknowledged tome that COTHER: he/she/they executed the same in his/her/their M,q.GROSKOPF authorized capacity{ies}r SIGNER IS REPRESENTING: #tit3o19a and that by his/her/their INamsof Personls)orEntityl'ier) ralve . COMM. si nature(s1 on theNOTAR,PU6LtGCAUFORI�IA Q .J. NOBLE COMPANY ()MNGSCOU m instrument the person(s), SNy' UP.P.ADfil2t' i or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optiona4 instrument. Witness my hand and official.seal. (SEAL) ISIG URE O NO I CAPACITY CLAIMED BY SIGNERISI I []INDIVIDUALIST L7CORPORATE ATTENTION NOTARY OFFICERISI The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It Could, however, prevent fraudulent attachment of this certificate to any CPARTNERISI [LIMITED unauthorized document. ❑GENERAL ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEEIS] MUST BE ATTACHED CGUARDIANICONSERVATOR TO THE DOCUMENT Number of Pooes Date of Document COTHER: DESCRI3ED AT RIGHT. Si rier(a)Other Thin Named Above I l SIGNER IS REPRESENTING: INeme of Personls)or Entityfiesl ; 'I WOLCOTTS FORM 87740 Rev.3•94 1e.iee clan 9-2A1 01114 WOLCOTT$FORMS.INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONfTWO FINGERPRINTS Illlllllll Illlillll 7 67775 63240 s - r D ,. r CI t Y r y , _i » LeeR.J. NOBLE COMPANY ASPHALi PAMG•EW-wiEMA4 CONTRACTORS � UC A•121735 15505 E.LINCOLN AVE.•P.O.BOX 620 Y ORANGE,CALIFORNIA 92B56 " ` (714)637.1550 �}} }, 1 f TO: CITY OF HUNTINGTON BEACH City Clerk 2000 main Street Second Floor Huntington Beach, CA. 92649 r AR-M.tIAL HIGHWAY REHAB. — WARNER AVENUE BEACH TO NEWLAND, #1109 HUNTINGTON BEACH , 1 BID DATE: SEPTE?�iRET? 22, 1999 at 2:00 PA1 W CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records DATE: SUBJECT: 10% RETENTION PAYMENT The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VILLELLA, Director of Finance certify that no stop notices are on file on the subject at this time. Date: 9170BERT F. BEARDSLEY, Public Works Director I certify that no stop notices are on file on the subject contract, and that a guaranty band has been filed. CONNIE BROCKWAY, City&erk I certify that there are no outstanding invoices on file. Date: 5 16' 4-Z7 SHA I I NRICH, City Treasurer i GADMINISTRATION110%Retention Payment 519=111:26 AM R. J. 'NOBLE COMPANY 15505 E. Lincoln Avenue Orange,CA. 92865 714-637-1550 • April 10, 2000 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Cilil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on ARTERIAL HIGHWAY REHABILITATION POREJCT CC-1109 Project No. Title hereby certifies that all laborers,mechanics,apprentices,trainees,watchmen and guards emplog-ed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract pro%isions,and that the work performed by each such laborer,mechanic,apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid_ R. NOBLE Co NY �Q=- - — Signature and it C?.AIG PORTER, GENERAL SUPERINTENDENT g:cc eashcon 1 G;.1;, i .B. J. NOBLE COMPANY 15505 E. Lincoln Avenue Orange, CA. 92865 714-637-1550 DECLARATION OF SATISFACTION OF CLAINtS 1, CPAIG PORTER, GENERAL SUPERINTENDENT , state: FOR R. J. NOBLE COMPANY, 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 ARTERIAL HIGHWAY REHABILITATION PROJECT NO. CC-1109 and dated 10/4199 2. All~corkers and persons employed, all firms suppling materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The follo«ing are either disputed claims,or items in connection%%ith notices to Withhold, which have been filed under the proNisions of the statutes of the State of California: (if none, state"NON F) I declare under penalty of perjury that the foregoing is true and correct. Executed at Orange on this 10th day of April, 2000 K"k-t. R . .NOBLE CO (Signature o ontractor) CP.AIG P0.TER, GENERAL SUPERINTENDENT . g vecwhcon2 B w J T 3' Recorded in Official kccords, County of Orange �/ U Gary Granville, Clerk-Recorder l WHEN RECORDED MAIL TO: IIIIIIIIIIIIII!I!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!IIIIIIINO FEE CITY OF HUNTINGTON BEACH 102 73 N1z20000208838 09:15am 04/24/00 Office of the City Clerk P. O. Box 190 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 --__________-___ __— NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to R.J. Noble Company, Inc.who was the company thereon for doing the following work to-wit: CC-1109—Arterial Highway Rehabilitation Project 1,( This project includes Warner Ave.from Beach Blvd. to Newland Street, Heil Ave. from Saybrook Lane to 11 Bolsa Chica Street; Heil Ave.from Graham Street to Springdale Street; Heil Ave. from Beach Blvd.to Newland Street; and Edinger Ave.from Goldenwest Street to Gothard Street. . That said work was completed April 3, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,April 3, 2000. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 17th day of April, 2000. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 17th day of April, 2000. City Clerk-and exicio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 IVAA 1NI, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 17. 2000 Gary Granville County Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sin ereIyl Connie Brockway, CMC City Cleric CB:jh Enclosure: Notice of Completion—CC-1109—R.J. Noble Company—Arterial Highway Rehabilitation Project 5 (Telephone:714-536-5227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to R.J. Noble Company, Inc.who was the company thereon for doing the following work to-wit: CC-1109—Arterial Highway Rehabilitation Project This project includes Warner Ave.from Beach Blvd.to Newland Street, Heil Ave. from Saybrook Lane to Bolsa Chica Street; Heil Ave.from Graham Street to Springdale Street; Heil Ave.from Beach Blvd:to Newland Street; and Edinger Ave.from Goldenwest Street to Gothard Street. That said work was completed April 3, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,April 3, 2000. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 17th day of April, 2000. .r �! r City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 17th day of April, 2000. G�W_ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK , 1999 To: /� 4 �'1 6;�Mo 76,11 -3 97 Enclosed please find your original bid bond issued by,�("O�QY1C2J�SUI'Q �� for (!, Connie Brockway City Clerk, CIVIC G:followup/cashcon.retbond (Telephone:714-536-5227) 04 le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK d , 1999 To: ". /Y-"A D ' Enclosed please find your original bid bond issued b /Xo,�2 ('C4 for aAl4mla-C ✓I �� Connie Brockway City Clerk, CIVIC G:followup/cashcon.retbond 1 Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONME BROCKWAY CITY CLERK To: dao5i iae t e44 cS /k`r 140 Enclosed please find your original bid bond issued b for /(J Connie Brockway City Cleric, CMC Glollowliplcashcon.retbond (Telephone:714.536.5227) I CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK 116 To: 7A11U aOO Enclosed please find your original bid bond issued by for e# tM r y�2•�/a.G uu /Lt-�1 Connie Brockway City Clerk, CMC G:fol Inup/cashcon.retbond (Telephone:714.536.52Z7) .j, ,�•• CITY CIF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK �Y� Y• �� , 1999 To: A/' Enclosed please-find your original bid bond issued by/ /�'p Ina 17._ T"k Ve T"surer �, •� �Q_. • for �/ �,Er� Lr Connie Brockway City Clerk, CMC Glollo«vptcashcon.retbond f (Telephone:714-536.5277) Wo"' 1 1-11 j, g CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONME BROCKWAY CITY CLERK , 3 999 ToJe g o Enclosed please find your original bid bond issued by A;4e i -o' vYr.�h C.;. CO • for eellV a,Zj Connie Brockway City Clerk, CMC Glollow,uplcashcon.retbond (Telephone.714-536-5227) CITY OF HUNTING`1 ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK To: 4 ! a a o-7 9.�+ Enclosed please find your original bid bond issued�-by,_,��s1t t Stlr'�t hGe1 tfP for —�l ?���'.r Connie Brockway City Clerk, CMC Glollowupkashron-retbond (THaphons:714-536-52271 CITY OF HUNTINGTON BEACH . r MEETING DATE: April 3, 2000 DEPARTMENT ID NUMBER:PW 00-026 Council/Agency Meeting Held: 4-3=coo Deferred/Continued to: Approved ❑ Co ditionally Approved ❑ Denied rk's ignature Council Meeting ate: April 3, 2000 Department ID Number: PW 00-026 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION �- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS , SUBMITTED BY: RAY SILVER, City Administrator1411- 1-F PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works w � SUBJECT: Accept the Arterial Highway Rehabilitation Project CC-1109;,arfdFile a Notice of Completion > Estatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: R.J. Noble Company, Incorporated, has completed its contract for the construction of the Arterial Highway Rehabilitation Project CC-1109. Funding Source: Arterial Highway Rehabilitation Program (AHRP) and City Funds were authorized for this project. Recommended Action: Motion To: 1. Accept, the Arterial Highway Rehabilitation Project CC-1109 at a final cost of $1,224,911.32, and authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office. Alternative Action(s): None. Analysis: On October 4, 1999, the City Council awarded a contract to R.J. Noble Company, Incorporated, in the amount of $1,114,966.16 to construct the Arterial Highway Rehabilitation Project CC-1109. The adopted project budget also included $111,400 to cover potential change orders and $73,633.84 for supplemental expenses, for a total of $1,300,000. The arterial highways for this project include Edinger Avenue from Goldenwest to Gothard Street and Warner Avenue from Beach Boulevard to Newland Street; as well as three segments on Heil Avenue that include Saybrook Lane to Bolsa Chica Street, from Graham Street to Springdale Street and from Beach Boulevard to Newland Street. 1109 Notice of Completion RCA -2- 3/22/00 11:32 AM REQUEST FOR COUNCIL ACTION MEETING DATE: April 3, 2000 DEPARTMENT ID NUMBER:PW 00-026 The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion. The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract amount: $1,114,966.16 $1,216,425.52 2. Change orders: 111,400.00 8,485.80 Project Construction Costs: $1,226,366.16 $1,224,911.32 3. Supplemental Expenses: 73,633.84 35,000.00** Total: $1,300,000.00 $1,259,911.32 *Final material quantities were greater than estimated. **Estimated final cost will be determined when the final compaction reports are completed. Public Works Commission Review: The Commission reviewed the project on July 21, 1999 and recommended City Council approval (Vote 4-Ayes, 3-Absent) Environmental Status: Not applicable. Attachment(s)• City Clerk's Page Number No. Description RCA Author: CharlonneJrn 1109 Notice of Completion RCA -3- 3/22/00 3:16 PM RCA ROUTING SHEET INITIATING DEPARTMENT: FPublic Works—] SUBJECT' Accept the Arterial Highway Rehabilitation Project 6 C-1109, and File,a.Notice of Com letion COUNCIL MEETING DATE: ;—April-3-2000? RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff 3/43 Assistant City Administrator Initial 1 City Administrator Initial era►, s City Clerk L-^f EXPLANATION FOR RETURN OF ITEM: SpaceOnly) RCA Author: Charlonne WHEN RECORDED MAIL_TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O.Box 190 Huntington Beach,CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner In fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Sancon Engineering 11,Incorporated who was the company thereon for doing the following work to-wit: 4ti14%• r� CCU 096—Old Town SewerProjcct,Phase 2 genera ojectslLpne Yapproximately 2,260 linesl feet of 3�wer line in the Old Town section of the city, -bb6und d b Adams Artenue,Atlanta Avende,Lake Street an each Boulevard. Cy.143. �-CL-o That said work was completed Fe.b.udfy42.r2A00 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 Tuesday, .� Fes, 2000. That upon said contract ef was surety for the bond given by the said company as required by law.This document is solely for the official business of the City of Huntington Beach, as contempl�a ted under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach,California,this 60 day of Nj=h,2000. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, Ca!ifomia do hereby certify under penalty of pedury,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 6f*day of Mom,2000. City Clerk and ex-ofticio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O.Box 190 Huntington Beach,CA 92648 PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange } SECTION A mment Code.Section 4590.The Contractor shall am a Citizen of a United States and a NOTICE INV(TING be benefiaal owner the SEALED BWS surety and shah rem— resident o the County aforesaid; I am for the -a y+merest thereon_ over the age_of eighteen years and not a [iR; N"'L H1°""'A'' The AGErlCY herel Y a� .. REtiAl3ti_ITA?14M =— �,;,^ b rness"ente prises- -- party to or interested in the below CASHC°" "CT wilr , alfarded full Ca- No.1149 .� --3»vw f-- response n s to suDns nilno bids in entitled matter. I am a principal clerk of aponsetothswmin led i' P COY OF W+M not be o scnmrnated the HUNTINGTON BEACH INDEPENDENT a HII PUBLIC NOTICE �� �asVa / 'PUBLIC fVOTICE-"!5 HEREBY Gr4EN thal rw ancestry.sex,or retigivn in newspaper o general circulation, printed C fibry of NTMdOiTON any consideratan Wading BEACH, as AGEENCY. In- to tine award of contract. and published in the City of Huntington "es sealed " for n>s No bid shall be can- Beach, County of Orange, State of above stated Playacts andded unless rt is will recewe Such bids In the re red on tta approved office of the City clerk, roposal forms In con: and that attached Notice is a Se� Floor. 2M Ma.n forrnance min the Insiruc California, Street, Huntrngion Beacn. licxts to Bidders. true and complete copy as was printed hour 00 P o to ire Tie bid must be acoorrr- frour of 2:00 PM on Sep- parried by a certilred check, ' tember 22. 1"9. 845 w,u casrwfs check,or bidder's an published In the Huntington Beach be publrgy open In the xnd,nadepayable toC* Courul Chambers unless AGENCY lot en amount no and Fountain Valley issues of said otherwise polled. less than 1rJ°r. of the Copes d the PIBns, anrornt bid_ The suc- , newspaper to wit the issue(s) of: Speclicvions, and Con- cessm Cidder Shan be user docaments are avast- licensed In accordance wit",provisions of the Busi.. 'abler from fhe Office of the ness and Prolessions. August 26, 1999 2000 Main St I,�= s�co lraac`ttlor'siiicceroeej ington Beech, CA 1?2&Q pass at the ame of Ire bW September 2 , 1999 I upon payment of a$15.DL) opening. The successful nwWundafNe lee d pickee f Cornraaar and Cis svfxat- Se September 9 1999 up.or payment of a i25.00 fractors will be required to p ► nonreluridabte lee H possess business koenses marled from the AGENCY. This is a Oavis-Becon The AGENCY reserves prolecs and the Foovel tMe right to relacl any or an Regulations will be I Bids, to Wane arty ir- I declare under penalty of perjury, that antereetl. Any contract to .bid�reqs'lun and >a take ail / MterM Into pursuant.b I-Lids Urrdrir advisernenl for fits notice Will incorporale .a maximum penod of 60 the foregoing is true and correct, "�of " Fod- By.ODDER a>"8 CITY Labor Standards. , which am an file at the Of- COUNCIL of the CITY OF free of the Director of Public HUhTINGTON BI:ACK, Works. 2000 Main Street. CALtFORN1A The 21st day EXeCuked on mbe r 9, 199-9- 92Bunt nglon Beach, CAI A June 1rJ99 _59.219 {y48. Atteetc at Costa Mesa, California. The AGCNCY wR deduct Connie Brookwa . CITY a 10% retention from all CLERK OF T14E CITY OF t�pgress payments. The HUNnNGTON BEACH nlractl may eubstituie Puplrsned Hunh tort an aacrow holder surety of Beach-Fountain Va ley equal value to the MWIlon Indetendern AuEusl 26, In accardsnE>e *Ah U►e September 2.9,1334 provision ottf*Caftmia C84_.2 Signature r COPIES TO: Suzanne Geneil City Clerk ARTERIAL HIGHWAY REHABILITATION CC-1109 September 22, 1999, 2:00 PM (Engineer's Estimate: $1.5 MILLION) t BIND .LIST BIDDER'S NAME RANK-. TOTAL BID:AMOUNT • .-- 1. All American Asphalt $ 00 2. DW Powell Construction $ 3. Excel Paving Company a $ 4. Griffith Company $ / J 7f 5. Hillcrest Contracting $ 6. Hillside Contractors $ 7. Moore Electric $ 8. Pavement Recycling Systems $ 9. RJ NobleC $ gee - /6 10. Sequel Contractors $ 11. Silva Construction, Inc. $ 12. Smithson Electric $ 13. Sterndahl Enterprises $ 14. Sully Miller $ I� /67, 706 . 00 Page one of one 12108 ` • RECEDED CITY CLERK CITY OF HUNTINGTON BEACH, CA 1999 SEP 22 P 2; 00 RECEIVED CITY CLERK CITY OF IjUNTINGTOIN REACH,CA 1999 SEP 22 P 4' Sq i .j le CITY OF HUNTINGTON BEACH 2000 MAIN STREET FH CALI FOR RIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CtrY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: /1 •c/ . / e�6l2J eh • ATTENTION: It/LJQ e/ Name �Su�I S YJ dlyt, 1'�le77v 4 DEPARTMENT: pYP�S/� Cif" street Q o?D tD/ lt/79%E fare . REGARDING: aAAM i41- City,State,Zip 'Ox-ly 7G e ( GI: 907 0' 4 See Attached Action Agenda Item IQ 141.9 fl Date of Approval 'E 1d Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: �j�JLlLI.�i Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other e —j Depart men RCA� Agee t Insuranc Other ar�/a n r�e� P v� ✓ >� De g ent RCA Agreement Insurance O r . Dfanu. �R�► Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name-Date QFollowup/coverltr (Telephone:714-536-5227) y ��/ �eardsley-Py✓� CITY OF HUNTINGTON BEAC jN �a�0»n c- P�'✓ MEETING DATE: October 4, 1999 DEPARTMENT ID NUMBER:PW 99-107 Council/Agency Meeting Held: � 9 (09.5o IF Dtppr ed/Continued to: ve _�❑ ndi Tonally A proved ❑ Denied fPV I Clerk's Signature Council Meeting Date: October 4, 1999 Department ID Number: PW 99-107 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS '``'`- "4 UBMITTED BY: RAY SILVER, City Administrator AW--'� PREPARED BY: , ROBERT F. BEARDSLEY, Director of Public WorksA"9 SUBJECT: Approve Construction Contract for Arterial Highway Rehabilitation Project; CC-1109 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: On September 22, 1999, the City Clerk received and opened bids for an Arterial Highway Rehabilitation Project and the project is now ready to award. Funding Source: A combination of City General Funds, Federal Arterial Highway Rehabilitation Program (AHRP) Funds will be used for this project. Recommended Action: Motion to: •1. Approve the low responsive/responsible bid submitted by R.J. Noble, Incorporated, for the Arterial Highway Rehabilitation Project, CC-1109; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of$1,114,966,16; and 3. Authorize the Director of Public Works to expend a total of $1,300,000.00, including the contract amount of $1,114,966.16, anticipated construction change orders of $111,400.00, and supplemental expenditures of $73,633.84. Alternative Action(s): Cancel the construction project or authorize the rebidding of the project. /kD 1109/award contract/rca -2- 09/22/99 2: 9 PM REQUEST FOR COUNCIL ACTION MEETING DATE: October 4, 1999 DEPARTMENT ID NUMBER:PW 99-107 Analysis: This project includes Warner Avenue from Beach Boulevard to Newland Street, Heil Avenue from Saybrook Lane to Bolsa Chica Street; Heil Avenue from Graham Street to Springdale Street; Heil Avenue from Beach Boulevard to Newland Street; and Edinger Avenue from Goldenwest Street to Gothard Street. The rehabilitation of these roadways generally includes pavement crack sealing, grinding, selective pavement reconstruction, pavement membrane reinforcement and asphalt overlay. The project also includes new signing/striping, new traffic detection loops, and the adjustment of existing water valves and sewer manholes. Pavement rehabilitation work of this nature will increase the life of the arterial street 10 to 20 years. On June 21, 1999, the City Council approved plans and specifications and authorized the Director of Public Works to request bids for the Arterial Highway Rehabilitation Project. On September 22, 1999, bids were received and publicly opened by the City Clerk. The engineer's estimate for the project was $1,498,795. Summarized below, in order of least dollar amount, are the bids submitted to the City: 1. R.J. Noble $1,114,966.16 2. Excel Paving $1,161,421.00 3. Sequel Contracting $1,167,264.60 4. Sully-Miller Contracting $1,167,700.00 5. All American Asphalt $1,176,143.00 6. Hillcrest Contracting $1,181,591.60 7. Griffith Company $1,375,708.10 8. Hillside Contractors $1,381,431.88 Environmental Status: The project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c). Public Works Commission Review: The Commission reviewed the project on July 21, 1999 and recommended approval (Vote: 4-Ayes, 3-Absent). Attachment(s): NumberCity Clerk's Page . Description 1. Location Map RCA Author: Charlonne:sar #36216 1109/award contract/rca -3- 09/22/99 3:17 PM PROJECT: AHRP moo. s BOLSA AVE. Mc FAD EN AVE. J Q V EDINGER z )AVE.EIL : z. AVE. 5 N J z g 0 - WARNER F AVE. H v SIATER AVE. w 405 9c�cc+ o TALBERT = r ELLIS m AVE. w L< 47.A3 GARFIEL < AVE. _ a Ff'AVE, S�POIC,� Sj 2 m NYORKTO Nz ADAMS IND NAPOLI ATLANTA 2 m O PROJECT LOCATIONS A14, HAMILTC N AVE BANNING AVE. T� CITY OF NUNTWGTON BEACH D LOCATION MAP CC-1109 EPA2TMEIVT OP PUBLIC WORKS G:\ACAD\CC1109\1109LM-DWG Yeeetro/z_7/q9 � FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R. J. NOBLE COMPANY FOR ARTERIAL HIGHWAY REHABILITATION PROJECT: WARNER AVENUE (BEACH TO NEWLAND), HEIL AVENUE (SAYBROOK TO SPRINGDALE), HEIL AVENUE (GRAHAM TO SPRINGDALE) HEIL AVENUE (BEACH TO NEWLAND) AND EDINGER AVENUE (GOLDENWEST TO GOTHARD) (CC1109) THIS AGREEMENT is made and entered into on this 7 day of &4,J R J , 1999, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and R. J. NOBLE COMPANY, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as Arterial Highway Rehabilitation Project: Warner Avenue (Beach to Newland), Heil Avenue (Saybrook to Springdale) Heil Avenue (Graham to Springdale) Heil Avenue (Beach to Newland) and Edinger Avenue (Goldenwest to Gothard) 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 description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or 1 agree/ccl109/10/07/99 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 of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1997 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 2 agree/cc 1109/10/07/99 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 an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed One Million One Hundred Fourteen Thousand Nine Hundred Sixty Six Dollars and sixteen cents (1,114,966.16) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 3 agree/cc 1109/10/07/99 within fifty (50)working days from the execution of this Agreement by CITY, excluding delays provided for 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 its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on 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 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 agree/cc 1109/10/11/99 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 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 the 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 three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (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 5 agree/cc1109/10/07/99 facilities constructed. CONTRACTOR, within ten (10)days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10)day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Govemment Code Sections 12900 et seq. 11. CALIFORMA 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 Califomia 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 this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25)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 craft or type of work. 6 agrcecc!109/t 0i07M 13. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 14. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this p. 15. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record 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, and 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. 16. 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. 7 agree/cc1109/10/07/99 17, LIQUIDATED DAMAGESIDELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be. impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working days 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 c would sustain in the event of an by reasons 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 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. 8 Irve'cc 1109,10,07/99 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 claim 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. 18. 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 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 to 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 9 agree/cc 1109/10/07/99 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. 19. 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 fact 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 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. 20. 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. 10 agree/cc 1109/10/07/99 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 payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by 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. 21. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 22. 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in 11 agree/cc 1109/10/07/99 connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 23. 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. 24. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 25. 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 workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each 12 agree/cc1109/10/07/99 occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 26. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. 27. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 13 agree/cc 1109/10/07/99 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 14 agree/cc1109/10/07/99 29. DISPOSITION OF PLAN, 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. 30. 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. 31. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 32. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 15 agree/cc 1109/10/07/99 33. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 34. CAPTIONS Captions of the section 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. 35. 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. Several contract provisions embodied herein 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. 36. 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 (40 USC section 176a, et seq.)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. 16 agree/cc 1109/10/07/99 37. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its 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. 38. 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 (29 USC Section 701, et seq.) 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 (38 USC Section 219 et seq.)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 ensure compliance with these requirements, the CONTRACTOR shall provide the C 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. 17 agree/cc1109/10/07/99 39. COPELAND "ANTI-KICKBACK"ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback"Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, 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. 40. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) 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 forty (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 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. 41. 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 18 agree/cc 1109/10/07/99 States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 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) thorough (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 such requirements. 42. 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 (42 USC Section 6201, et seq.). 43. 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. 44. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside 19 agree/cc 1109/10/07/99 the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 45. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 46. ENTIRETY The 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 offices the day, month and year first above written. R. J. NOBLE COMPANY, a California CITY OF HUNTINGTON BEACH, a corporation municipal corporation of the State of Californ' By: ich el . Carver, President Mayor AND ATTEST: By: m . Dunleavy, Secr to /Treasurer City Clerk RE IEWED AND APPROVED: APPROVE AS TO FOR City Kdministrator City Attor y �v 1'7 INI D AND AP P �VED: <L(/ Director of Pubic Works t t- 20 agree/cc 1109/10/07/99 State of CALIFORNIA RIGHT THUMBPRINT loptionan � County of ORANGE On 10/20/99 before me, It. A. GROSKOPF {DATE] (NAME.TITLE OF OFFICER-i.a.•JANE DOE.NOTARY PUBLIC'] personally appeared MICHAEL J. CARVER, PRESIDENT AND WAMEISI OF SIGNEMS11 CAPACITY CLAIMED SY SIGNERISI • JAMES J. DtTNLEAVY, SECRETARY/TREASt1RER OF OINDIVIDUALISI R. J. NOBLE COMPANY ocoRPORATE RXXN personally known to me -OR- ❑ proved to me on the OFFICER(S) MT SI basis of satisfactory OPARTNEA(S) OUMITED evidence to be the OGENERAL person(s)whose name(s) ❑ATTORNEY W FACT is/are subscribed to the OTRUSTEEISI within instrument and OGUAROIANICONSERVATOR acknowledged tome that OOTHER: helshe/they executed the same in his/her/their authorized capacity(ies?, SIGNER IS REPRESENTING: a M.A. GROSKOPF and that by his/her/their IName a Parson(s)or Entityries) COMM.#1130198 o signature(s) on the R. J. NOBLE COMPANY` NOTARYPUBUCCAUFORN!A� instrument the person(s), ORMOE COUNTY or the entity upon behalf My C0MM.fXP.Ap►1I2I2N1 of which the person(s) acted, executed the instrument. RIGHT THUMBPRINT IOptionen Witness my hand and official eal. V a (SEALI E IS ..ATUFtE-6FN0TA14YI CAPACITY CLAIMED SY SIGNERISI pINDIVIDUALISI OCORPORATE ATTENTION NOTARY OFFICER{S1 The information requested below and in the column to the right is OPTIONAL. MUM Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNERIS) OU1 rm) unauthorized document. ❑GENERAL OATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEEISI MUST BE ATTACHED E3GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Papas Date of Document OOTHER: DESCRIBED AT RIGHT: 4 Signerlsl Othw Than Named Above I SIGNER 15 REPRESENTING: (Name of Person(s)or Entitylles) WOLCOTTS FORM 62240 R".2-24{price den 8•2AI 0199a wotcoTTS FORMS.INC. ALL PURPOSE ACRNOwLE03MENT WITH SIGNER CAAACITYA4EPRESENTATiONMWO FINGERPRINTS Illllllll I f�I�ill�ll 7 67775 6324Q a FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R.J. NOBLE COMPANY FOR ARTERIAL HIGHWAY REHABILITATION PROJECT:WARNER AVENUE(BEACH TO NEWLAND),HEIL AVENUE(SAYBROOK TO SPRINGDALE),HEIL AVENUE(GRAHAM TO SPRINGDALE)HEIL AVENUE(BEACH TO NEWLAND)AND EDINGER AVENUE(GOLDENWEST TO GOTHARD)(CC1109) TABLE OF CONTENTS Pale NO• 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6 13. PAYMENT OF TRAVEL 7 14. EMPLOYMENT APPRENTICES 7 15. PAYROLL RECORDS 8 16. INDEPENDENT CONTRACTOR 8 17. LIQUIDATED DAMAGES/DELAYS 8 18. DIFFERING SITE CONDITIONS 10 19. VARIATIONS IN ESTIMATED QUANTITIES 10 20. PROGRESS PAYMENTS 11 21. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 12 22. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 23. WAIVER OF CLAIMS 12 24. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 25. WORKERS COMPENSATION INSURANCE 13 26. INSURANCE 13 27. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 28. DEFAULT&TERMINATION 15 29. DISPOSITION OF PLANS,ESTIMATES AND OTHER 15 30. NON-ASSIGNABILITY 16 31. CITY EMPLOYEES AND OFFICIALS 16 32. STOP NOTICES 16 33. NOTICES 16 34. CAPTIONS 16 35. FEDERAL PARTICIPATION 17 36. DAVIS-BACON ACT 17 37. DISCRIMINATION 17 38. EQUAL EMPLOYMENT OPPORTUNITY 17 39. COPELAND ACT 18 40. CONTRACT WORK HOURS 18 41. CLEAN AIR ACT 19 42. ENERGY CONSERVATION 20 43. HOUSING AND URBAN DEVELOPMENT 20 44. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 45. ATTORNEY FEES 20 46. ENTIRETY 21 agrce'cc 1109110,107199 �1CORD ::CERTIFICA�-S F LIABILIT '�NGE DA�PA ° , 10 18 1999 ia.vaav:.a...r.ti,,...,..,�.:acw„w...:-Asx:•.�..+-:,�r.;a.aaw}�tk�.:.e.,�r.<,.,.,,..:,,.: PRODJCER (949)788-0007 FAX (949)788-007Z i 1l enni um Risk Management Insurance rvi Ce5 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE g HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 7700 Irvine Center Drive IW y d1/eAA a 1c/f ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 505 Flf/IO. wv. 600.6z COMPANIES AFFORDING COVERAGE Irvine, CA 92618 COMPANY Lexington Insurance CO./WW Attn: Darlene Owens I9 — Ext: 731 A INsUFED �Ppe R. J. Noble Co. may,/�D 3 COMPANY 5afeco Insurance Company /`/G�/Y S 15505 Lincoln Avenue P. 0. Box 620 COMPANY Legion Insurance / Douglas C Orange, CA 92865 �O—�'� CSU/�✓�.'! f/Gsc•��- COMPANY D 11 ERAG E5 -- .....-...4:.-- TFIIS IS TO CERTIFY'%THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAW.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OFAISURANCE POLICY NUMBER DATE(MMlpDl - D O :POLICY EFFECTIn POLICY(NIMlD�WYnYOjN Ltwm YY) GEHERALLIABILITY ; = GENERAL AGGREGATE S 2s.O0O.I 04D ............................................................. .-.... X COMMERCIAL GENERAL LIABILITY a PRODUCTS-COMPIOP AGG S 1,000,000 *W CLAIMS MIDE X 'OCCUR A .... �53S7086 07/01/1999 07/01/2000 :...............................................................PERsoNAtaAD .•. �. 0 00 OWNERS a COIITRACTOR'S PROTEACH OCCURRENCE S 1,000,000 i 'FIRE DAMAGE("ono we) S ...... ................................................... 50 000 MEDEXPIAnyamDarkn) S Excluded AUTOMOBILE LLA&LITY COMBINED SINGLE LIMIT S X..ANTAUT° 1,000,000 ALL OWNED AUTOS ' Booty*AIRY S SCHEDULED ALTOS i 1 Pe' 1 B BA8160306 07/01/1999 07/01/2000 1 X HIRED AUTOS •X- ATY i '•BODILY cP* aradentqNON•pYJEDAUTOS TO S G L j;.' ?E CC �Y !PROPERTY DAMAGE S n. .:+ GARAGE LL ENurY AUTO ONLY•EA ACCIDENT S ANY AUTO P+a► to: ne9 'OTHERTHANAUTOONLY: � ID ,tv Clty At EACH ACCIDENT S ;....................... ......................... ... . ......................... . ... AGGREGATE S ..!]!ESS LIABILITY }_� - i'. .i. ..�••. ..••. 9 EACH OCCURRENCE S ....................... ................................ UMBRELLA FORM e AGGREGATE S OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND i X TORY LIMITS: ER w EMPLOYERS'LIABILITY E i - EL EACNACCIDENT S C WC3-0987427 07 01 1999 07 O1 2000 .......Z.I.flafl.�Q00 THE PROPRIETORr ........ / / / / PARTN£Rs7F�(ECIITNE :INCL .EL DISEASE•POLICY LIMIT S 1,000,000 OFFICERS ARE: E EXCL:` EL DISEASE-EA EMPLOYEE S 1,000,000 OTHER ME -APTION OF OPERATIO L TIOP.&VENCLES?SPEC1AL ITEAO ertificate Holder is named Additional Insured as respects General Liability per endorsement G 20 10 11/85 / Waiver of Subrogation for all lines / RE: Arterial Highway Rehabilitation roject CC 1109 Construction Contract / *10 day notice of CANCELLATION in the event of non-payment . _ v :.. :. mv.aNtx4%:Laco}b�.Ji:M%`aoLxza4 JFnv):4.SRK�ik`sc�W 9a'u-:,-a:.+nWnO-r'}-w�+«3..•.w+-w.}nv.nv..:wrvnSv.♦s.u}w .1m.wG}i-W- +90F/SKS:�iirch�n4�vN)n3.J�k-0t}}mrivri�hYnKa.a.K nC.wni.vnv....+.�.H.:..:w.l .:n- SHOULD ANY OF THE ASOYE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANYM+1LLMQ( "L City of Huntington Beach, its Agents, *30 DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMEoToTNELEFT. Officers and Employees x4(�X>iX7( 2000 Main Streeter X Huntington Beach, CA 92648 AUTHORIZED REPRESEN ArIV Darlene Owens ...... �"s �°° F° ,� " '" 7jTA°¢ °°° -=CORD CORPORATION 1982 Policy Number 5357086 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY -PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organizations: City of Huntington Beach, Its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE: Arterial Highway Rehabilitation Project CC 1109 Construction Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to Include as an insured the person or organization shown in the Schedule, but only with respects to liability arising out of'your work" for that insured by or for you. CG 20 10 11 85 Copyright Insurance Services Office,Inc.1984 I POLICY NUMBER: 5357086 COMMERCIAL GENERAL LIABILITY Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Name of Person or Organization: Schedule City of Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE: Arterial Highway Rehabilitation Project CC 1109 Construction Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) We waive the right of recovery we may have against the person or organization shown In the Schedule because of payments we make for Injury or damage arising out of'your work' done Lander a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule CG 24 04 11 85 Copyright, Insurance Services Office, Inc. 1984 e SAFEW BA8160306 POLICY NUMBER COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the follovvirig BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement 1. BLANKET WAIVER OF SUBROGATION 3. BLANKET ADDITIONAL INSURED Section IV—BUSINESS AUTO CONDITIONS A 5 Any person or organization for whom you are is amended by the addition of the following, required under an "insured contract" to provide We waive any right of recovery we may have against insurance is considered an "insured" for Liability any person or organization because of payments Coverage, but only to the extent that person or we make for moodily injury' or "property damage" organization qualities as an"insured under the Who ansing out of the operation of a covered"au when - ft is C Insured provision contained in Section 11 of to" you have assumed liability for such "bodily injury" Coverage Form. or"property damage"under an "insured contract" 4. PRIOR NOTICE OF CANCELLATION 2. BLANKET PRIMARY INSURANCE In the event of cancellation or reduction in the Limits _ This insurance is considered primary and we will of Insurance of the Coverage Form,we will mail at not seek contribution from any other insurance least thirty (30) days prior written notice to any available to you for any person or organization for Pew or organization for whom you are required to provide such notice under an insured contract," whom you are required under an"insured contract" provided you notify us of such contract requirement to provide insurance,but only to the extent that this is provided under Section IV—BUSINESS AUTO at least forty-five(45)days prior to the cancellation CONDITIONS B.5.Other Insurance. or reduction City of Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE: Arterial Highway Rehabilitation Project CC 1109 Construction Contract pA 7241 10/97 ®Registered tmdemark of SAFECO Corporation ENDORSEMENT Policy Number: WC3-0987427 Company: Legion Insurance Effective: 07/01/99 to 07/01/00 WAIVER OF SUBROGATION IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BECAUSE OF PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE NAME OF PERSON OR ORGANIZATION City of Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE: Arterial Highway Rehabilitation Project CC 1109 Construction Contract Date: 10/18/99 Authorized Signature: 0, C,G� - ... . !j DATE MW(DDACc y . M 19IY9Y9 XX 71 ) ALTER AND CONFERS NO RIGHTS UPON THE CERTIFICATE PRODUCER (949)788-0007 FAX (949)788-00 2 IMIS LA:111111-1t;Alh 115 IbbUIEDAS A MATTEROF INI-UKMAIIUN O 4illennium Risk Mana ement� Insurance Services HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 7700 Irvine Center Drive THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 505 MCI to 00 g_v COMPANIES AFFORDING COVERAGE Irvine, CA 92618 COMPANY Lexington Insurance Co./WW Attn: Darlene Owens Ekt: 231 A INSURED COMPANY Safeco Insurance Company R. J. Noble Co. 8 15505 Lincoln Avenue -7 COMPANY Legion Insurance Douglas P. 0. Box 620 C Orange, CA 92865 COMPANY D ARRY. 91s; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION* CO TYPE OF INSURANCE POLICY NUMBER LIMITS LTR DATE(MM/DDAFY) DATE(MMIDDrM GENERAL LIABILITY GENERAL AGGREGATE $ 2 ................................................................ X COMMERCIAL GENERAL LIABILITY :PIRODUCTS-COMP/OPAGG $ 1,000,000 PERSONAL&ADV INJURY-CLAIMSMADE : X OCCUR $ A ... ........ ....... .5357086 07/01/1999 07/01/2000 ............................................................1.1000...000 OWNERS&CONTRACTORS PROT: EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ .. . .................................................... ......................................59.,000. MED EXP(Any one person) Excluded AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) B X HIRED AUTOS BA8160306 07/01/1999 0710112000 BODILY INJURY $ NON-OWNED AUTOS (Per accident) ....... ...................................................... PROPERTY DAMAGE 'RQVv;1,, A6 TU:N'U API GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ CITY ............................................... ... ANY AUTO A 4EY T Q OTHER THAN AUTO ONLY: ...... ... .. ....... . . .... ....... .. ...... ..... ..... ....... EACH ACCIDENT" By: $ ....... .................................................. ..............:......................... ity::kttorneV AGGREGATE $ De EXCESS LIABILITY EACH OCCURRENCE $ _�P'CVAEO :...................................................................... ........... U U UMBRELLA FORM c-V j AGGREGATE $ OTHER THAN UMBRELLA FORM -0R T:D $ WORKERS COMPENSATION AND X TVO'F-0 LIMITS EMPLOYERS!LIABILITY X.. ..... EL EACH ACCIDENT : $C THE PROPRIETORI INCL 1,000,000 ...... WC3-0987427 07/01/1999 07/01/2000 ...................................................................I.................. PARTNERS/EXECUTIVE EL DISEASE-POLICY LIMIT . S 1,000,000 OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE: $ 1,000,000 OTHER DESCRIPTION OF OPERATIONStLOCATIONSIVEHICLESISPECIAL ITEMS Zertificate Holder is named Additional Insured as respects General Liability per endorsement -G 20 10 11/85 Waiver of Subrogation for all lines / RE: Arterial Highway Rehabilitation �roject CC 1109 Construction Contract *10 day notice of CANCELLATION in the event of non-payment JOF I WW" 7 ........ .. .... ..... ............................. ..... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL)DO00CM MAIL City of Huntington Beach, its Agents, *;0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Officers and Employees X)QXK0NX)@9KWXXXX 2000 Main Street WAV99OMKX)NMMMOWJOCVPMDAWJNWPAIMXXXXXXX Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE ns Darlene Owe: ......... .......... .. .. ........ 0 �rf Policy Number 5357086 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY -PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: E E COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organizations: City of Huntington Beach, Its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE: Arterial Highway Rehabilitation Project CC 1109 Construction Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to include as an insured the person or organization shown in the Schedule, but only with respects to liability arising out of"your work" for that insured by or for you. CG 20 10 11 85 Copyright Insurance Services Office,Inc.1984 POLICY NUMBER: 5357086 COMMERCIAL GENERAL LIABILITY Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Name of Person or Organization: Schedule City of Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE: Arterial Highway Rehabilitation Project CC 1109 Construction Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) We waive the right of recovery we may have against the person or organization shown in the Schedule because of payments we make for Injury or damage arising out of'your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule CG 24 04 11 85 Copyright, Insurance Services Office, Inc. 1984 i $APEW BA8160306 POLICY NUMBER COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the follovnng BUSINESS AUTO COVERAGE FORM , With respect to ooverage pnnaded by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. 1. BLANKET WAIVER OF SUBROGATION 3. BLANKET ADDITIONAL INSURED Section IV—BUSINESS AUTO CONDITIONS A 5 Any person or organization for whom you are is amended by the addition of the follovwng- required under an `insured contract' to provide insurance Is considered an `insured' for Liability We wave�Y right of recovery wemayhenna against Coverage, but only to the extent that person or any person or organization because of payments organization qualfies as an'insured'under the Who we make for"bodily injury' or "property damage" An Insured provision contained in Section it of ansing out of the operation of a covered`auto°when - Is Is Coverage Form rovi you have assumed liability for such `bodily injury" or"property damage"under an `insured contract` 4. PRIOR NOTICE OF CANCELLATION 2. BLANKET PRIMARY INSURANCE In the event of cancellation or reduction in the Limits This insurance is considered pnmary and we vnll of Insurance of the Coverage Form,we mil mail at not seek contribution from any other insurance least thirty(30) days prior wntten notice to any available to you for any person or organization for Pew or organization for whom you are required to provide such notice under an tinsured contract, whom you are required under an`insured contract" provided you notify us of such contract requirement provide insurance,but only to the extent that this is pronded under Section IV—BUSINESS AUTO at least forty-flue(45)days prior to the cancellation CONDITIONS B 5 Other Insurance orreduction City of Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE Arterial Highway Rehabilitation Project CC 1 109 Construction Contract 9A 7241 10197 Magmte►ed trademark of SAFECO Corporation k.eI V ENDORSEMENT Policy Number: WC3-0987427 Company: Legion Insurance Effective: 07/01199 to 07/01100 WAIVER OF SUBROGATION IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BECAUSE OF PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE NAME OF PERSON OR ORGANIZATION City of Huntington Beach, Its Agents,Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE: Arterial Highway Rehabilitation Project CC 1109 Construction Contract ntboriz i Date: 1011=193 A d nature:S �e i DATE(ML4L'DDfM 4: :y A'GOLR CERTIFICA;� �F LIABILITY I.NSUF, IN 10/1811999 PRODUCER (949)788-0007 FAX (949)788-0072 +1i71ennium Risk Manage In Ilrance ervices ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9 x , � HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 7700 Irvine Center Drive a 2c/If ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 505 %�G O 6��' COMPANIES AFFORDING COVERAGE Irvine, CA 92618 ele-11D 9 COMPANY Lexington Insurance Co./WW Ann: Darlene Owens Ext: 231 A INSURED / p'��� R. ]. Noble Co. (�-d �/ COMPANY Safe[o Insurance Company 15505 Lincoln Avenue P. O. Box 620 �/Tr COMPANY Legion Insurance / Douglas Orange, CA 92865 i COMPANY 00 COVERAGES k .,sN THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUES TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOT'MTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co TYPE OF INSURANCE POLICY NUMBER i POLICY EFFECTIVE .POLICY EXPIRATION LIMITS LTR DATE(MWDWM DATE(MMd0WM GENERAL LIABILITY c E GENERAL AGGREGATE f 2 00O OOO ,.. X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG f 1,000,000 x x CLAIMS MACE X ?OCCUR ' PERSONAL d A0V FUURY f 0 A :;�....... :--�--�• 5357086 � 07/01/1999 07/01/2000 .................................................... 1 I'........ .000.r.00... OWNER'S A CONTRACTOR'S PROT: i EACH OCCURRENCE f 1,000,000 FIRE DAMAGE OM of Net f ........................... ......................... 0.r.000 MEDEXP(Any a+.paw) s Excluded AUTOMOBILE LIABILITY x..ANY AUTO E COMBINED SINGLE LIMIT f 1 000 OOO ALL OWNED AUTOS BODILY ML W SCHEDULED AUTOS ( PKb^l i B X HIRED AUTOS �A8160306 07/01/1999 07/01/2000 BODILY NAM f X NON OWNED AUTOS ` �ccioent) ...... .................................................... m '0 1,E: :PROPERTY DAMAGE $ ,.- TO:I ;:.AUTO GARAGE LIABILITY " .. FJL .DENT ANY AUTO ]` GAIu .�0 .+ ,Y on+ Trw ► roNLr.....�n EACH ACCIDENT s ...... .................................................... • • .......6....------.. ................................................. tto�ne9 AGGREGATE s EXCESS LIABILITY 1 e tirL) E EACH OCCURRENCE S i r,G :.............................................. .. r I 'AGGREGATE UMBRELLA FORM ? f r', 1; OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND . ,� :7+ X TORY LIMITS ER EMPLOYERS WBIttTY E 'EL EACH ACCIDENT f s 1 DOD O00 C THE PROPRIETOR' WC3-D987427 € 07J01J1999 07/01/2000 , NiCL 1;oao;oaa PARTNERS.1EXECUTIVF: :EL DISEASE-POLICY LMIIT OFFICERS ARV: i EXCL EL DISEASE•EA EMPLOYEE S 1,000,000 OTHER DESCRIPTION OF PERATIONS'L T30NSVE"L SPE ITEMS ertificate Holder is named Additional Insured as respects General Liability per endorsement G 20 10 11/8S / Waiver of Subrogation for all lines / RE: Arterial Highway Rehabilitation roject CC 1109 Construction Contract / *10 day notice of CANCELLATION in the event of non-payment R I m� Nw CANC :,,�!.s.;,.x w SHOULD AM OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY V4LLPWX9 M LWL City of Huntington Beach, its Agents !3(LDAYS BEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Officers and Employees 1h �� 2000 Main Street � � Huntington Beach, CA 92648 AUTHOR2EDREPRE EN ATI E ACORB 45•S(1�9sy Da 1 e eOwenS ('&� ORID CORPORATION 19 Policy Number 5357086 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organizations: City of Huntington Beach, Its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE: Arterial Highway Rehabilitation Project CC 1109 Construction Contract (if no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) WHO 1S AN INSURED (Section 11)Is amended to include as an insured the person or organization shown in the Schedule, but only with respects to liability arising out of"your work' for that insured by or for you. CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 POLICY NUMBER: 5357086 COMMERCIAL GENERAL LIABILITY Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Name of Person or Organization: Schedule City of Huntington Beach, Its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE: Arterial Highway Rehabilitation Project CC 1109 Construction Contract (If no entry appears above, information required to complete this endorsement will be shown In the Declaration as applicable to this endorsement.) We waive the right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of"your work"done under a contract with that person or organization. The waiver applies only to the person or organization shown In the Schedule CG 24 04 1185 Copyright, Insurance Services Office, Inc. 1984 0 SAFEW BA8160306 POLICY NUMBER COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement 1. BLANKET WAIVER OF SUBROGATION 3. BLANKET ADDITIONAL INSURED Section IV—BUSINESS AUTO CONDITIONS A 5 Any person or organization for whom you are is amended by the addition of the following- required under an "insured contract" to provide We waive any right of recovery we may have against insurance is considered an "insured" for Liability any person or organization because of payments Coverage, but only to the extent that person or we make for "bodily injury" or "property damage" organization qualifies as an"insured'under the Who ansing out of the operation of a covered"auto"when - Is An Insured provision contained in Section 11 of you have assumed liability for such "bodily injury" the Coverage Form. or"property damage"under an 'insured contract" 4. PRIOR NOTICE OF CANCELLATION 2. BLANKET PRIMARY INSURANCE In the event-of cancellation or reduction in the Limits _ of Insurance of the Coverage Form,we will mail at This insurance is considered primary and we will of thirty (30) days prior written notice to any not seek contribution from any other insurance person or organization for whom you are required available to you for any person or organization for to provide such notice under an to contract," whom you are required under an"insured contract" provided you notify us of such contract requirement to provide insurance, but only to the extent that this is provided under Section IV—BUSINESS AUTO at least forty-five(45)days prior to the cancellation CONDITIONS B 5 Other Insurance. or reduction City of Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE Arterial Highway Rehabilitation Project CC 1109 Construction Contract ©A 7241 t p/97 ®Registered trademark of SAFECO Corporat+on ENDORSEMENT Policy Number: WC3-0987427 Company: Legion Insurance Effective: 07/01199 to 07/01100 WAIVER OF SUBROGATION IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BECAUSE OF PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE NAME OF PERSON OR ORGANIZATION City of Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 RE: Arterial Highway Rehabilitation Project CC 1109 Construction Contract Date: 10/18/99 Authorized Signature• 1 have received Performance Bond No. B2892393—Reliance Insurance Company, for R.J. Noble Company. Payment Bond No. 82892393—Reliance Insurance Company, for R.J. Noble Company. Maintenance Bond No. 82892393—Reliance Insurance Company for R.J. Noble Company. RE: Cc-1109—Arterial Highway Rehabilitation Project. Approved by Council on 10!4190. City Clerk vault File No. NO 600.50. Dated: By. i i RELIA CE INSURANCE �MPANY HEAD OFFICE PHILADELPHIA,PENNSYLVANIA Bond No B2892393 PERFORMANCE BOND CALIFORNIA - PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS That R.J.NOBLE COMPANY as Principal, and RELIANCE INSURANCE COMPANY, a Pennsylvania corporation authorized to execute bonds 1n the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of ONE MILLION ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED SIXTY—SIX AND 16/100 - - - - - - - - - - - - - - - - - - - - Dollars ($ 1,114,966.16 - - - - ) for which sum we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally by these presents THE CONDITION of the above obligation is such that,Whereas the Principal has entered into a contract, dated OCTOBER 18, , 19 99 , with the Obligee to do and perform the following work to-wit ARTERIAL HIGHWAY REHABILITATION PROJECT; CC 1109 NOW,THEREFORE,if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void, otherwise to remain in full force and effect Signed and sealed this 20th day of OCTOBER , 1999 R.J. NOBLE COMPANY (Seal) MICHAEL J. CARVER, PRESIDENT 11PPROVED AS TO FORM: RE I N COMPANY GAIL HUTTON CITY ATT Y By MI HAEL D. S G Attornc)-in-fact By. ep t City Attorney b _s k� r' BDR-2801(5/85)CAL -CONTRACT-PUBLIC-PERFORMANCE 8.2035 State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of ORANGE m On 10/20/99 before me, M.A. GROSKOPF 0 (DATE) (NAMEITITLE OF OFFICER i a*JANE DOE,NOTARY PUBLIC') 0 personally appeared MICHAEL J. CARVER, PRESIDENT OF (NAME(S)OF SIGNERIS)) R. J. NOBLE COMPANY CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) ❑CORPORATE personally known to me -OR- O proved to me on the OFFICER(S) (TITLES) basis Of satisfactory ❑PARTNERIS) ❑LIMITED evidence t0 be the ❑GENERAL person(s)whose name(s) ❑ATTORNEY IN FACT is/are subscribed to the ❑TRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER he/she/they executed the M.A. same in his/her/their 1�u.°rr A GROSKOF' authorized capacity(ies), SIGNER IS REPRESENTING. COMM #1130198 D and that by his/her/their INeme of Parson(s)or Entity(Ies) U N)TARYPUBLIC•CALIFORNIA c inst umeritthe nerson(s), R.J. NOBLE COMPANY p ORANGE COUNTY p My Comm Exp April 21,2001 or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. W m 0 (SEAL) $ ( ATURE OF NOTA Y) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICERS) The information requested below and In the column to the right Is OPTIONAL. (TITLES) Recording of this document Is not required by law and Is also optional It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED unauthorized document ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document ❑TRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER DESCRIBED AT RIGHT Slgnerls)Other Than Named Above SIGNER IS REPRESENTING (Name of Persons)or Entlty(res) WOLCOTTS FORM 63240 Rev 3.94(price class 8•2A) 01994 WOLCOTTS FORMS,INC ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONRWO FINGERPRINTS II 7 67775 63240__.s. 4 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On ,before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of , satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed t � ROSEMARY STANDLEY ` _ - COMM.#1090462 the instrument. r rs r• NOTMY PUBLIC-CALIFORNL4 ' riMMS rE COUNTY WITNESS my hand and official seal. tty CAT Elv�as.kft T.= y 1�6Signature This area for 01TIcial Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT Tmes) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME of PERSCN(5)OR FNMOE5) SIGNER(S)OTHER THAN NAMED ABOVE I>}O81 ttev.6/9� ALL-PURPOSE ACKNOWLEDGEMENT - RELIA�CE INSL7RAN GE ��OMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA Bond No. B2892393 PAYMENT BOND CALIFORNIA—PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS,that R.J.NOBLE CO, as Principal, and the. RELIANCE INSURANCE COMPANY, a Pennsylvania corporation authorized to execute bonds in the State of California,as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of ONE MILLION ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED SIXTY—SIX AID 16/100 — — — — — — -- — — -- — — — -- — Dollars ($1,114,966.16 for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The Condition of the above obligation is such that,Whereas the Principal on the 18th day Of OCTOBER 19 99 , entered into a contract with the Obligee for ARTERIAL HIGHWAY REHABILITIATION PROJECT; CC 1109 NOW THEREFORE, if the original contractor or his subcontractor fails to pay any of the persons named in Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted,withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractor pursuant to Section 13020 of_the Unemployment Insurance Code,with respect to such work and labor that the surety will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to'them or their assigns in any suit brought upon this bond. Signed and sealed this 20th day of OCTOBER 1999 R.J.NOBLE COMPANY ToFO'.Ma M CHAEL CARVER, PRESIDENT REL1 NC E E ICOMPANY Ly. By ' Ci ty Atto=37 MI HAEL D� T ,'G Attorn y• •Fact BDR•2804 ED.7183 (CALIF.) ' i State of CALIFORKIA RIGHT THUMBPRINT Ioptionall County of 01-UNCE tr On 10 20/99 before me, M.A. GROSKOPF IDATEI INAMWITLE OF OFACER4.e.'JANE OOE.NOTARY PUBLIC'1 a personally appeared MICHAEL J. CARVER, PRESIDENT OF WAMEI51 OF SIGNERIS11 R. J. NOBLE COMPANY CAPACITY CLAIMED BY SIGNER(S) ❑INDIVtDUALIS) CICORPORATE XLFOFFICER[S1 personally known to me -OR- 0 proved to me on the t,IT basis of satisfactory OPARTNERIS) ❑LIMITED evidence to be the ❑GENERAL persons)whose names) OATTOANEY IN FACT is/are subscribed to the OTRUSTEEIS) within instrument and OGUARDIANICONSERVATOR acknowledged to me that DOTHER: he/she/they executed the same in his/her/their authorized capacity(les), SIGNER IS REPRESENTING: and that by his/her/their IName of Person(s)orEntity(iea) •�°' y M.A. GROSKOPF signatures) on the R.J. NOBLE COMXANY COMM.#1130198 o instrurnentthe person(s), a NOTARY PUBLIC-CALIFORNIA or the entity upon behalf ORANCE000NTY of which the person(s) 1N/Comm.2V.APdl2lr2'-V acted, executed the instrument. alGrir THUMBPR:Nr Iopt)on.r) Witness my hand and official seal. ISEAL) [SIG ATURE OF frOTA CAPACITY CLAIMED BY SIONERIS) OINDIVIDUA LIS) OCORPORATE ATTENTION NOTARY OFFICERIS) The information requested below and in the column to the right is OPTIONAL. mn:� Record•1n2 of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER[S) DLIMITED unauthorized document. OGENERAL OATTORNEY IN FACT THIS CERTIFICATE Trt'e or Type of Document DTAUSTEE(S) MUST BE ATTACKED O GUARD IANICONSERVATOR 1 TO THE DOCUMENT Number of Paget Date of Document OOTHER: 11 DESCRIBED AT RIGHT: j Sionerls)Other Than Named Above SIGNER IS REPRESENTING: IName of Persons)or EntityGes) l 1 r I WOLCOTTS FOPJA$3140 Rev.3•94 bAce Ons 6-2A1 01%$4 WOLCOTTS FORMS.tuc. kk ALL PURPOSE ACKNOIAREDGMENT WITH SIGNER CAPAd1YlREPRESENTATI0NN O FINGERPRINTS 1IlEl .[llll�llll�lll l 7 67775 63240 8 STATE OF CALIFORNIA SS. COUNTY OF ! RIVERSIDE On l �"�1 ,before me, ROSEMARY STANDLEY • PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of , satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within,instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed - R0 EMARYSTAN0LfY � -� COP.3M.#1090462 the instrument. ff `�• NOTARY PUrL*C-CAi)fOkK;A ` RA(ERS;CE couNrY WITNESS my hand and official seal. fur Carte.14-a JUN 7•2�04 Signature This area for Ojfcial Notarial Seal OPTIONAL Though the data below is not required by taw,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 7nE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN.FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEaSON[S)OR Wnry(IES) SIGNER(S)OTHER THAN NAMED ABOVE M-09' Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT i . - -• N WHITE PAPER RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called"the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Michael D.Stong,Susan C.Monteon,Shawn Blume,Rosemary Standley,of Riverside,California their true and lawful Attomey(s)-in-Fact,to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attor- ney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect,reading as follows: ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Via President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorney(s)-m-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the rtature-- thereof,and(b)to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. -- - 2. Attorney(s)-in-Fact shall have power and authority,subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company,bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings recognizances,contracts of indemnity and other writings obligatory in the nature thereof. - - 3. Anorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of Indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28,1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31,1994. - - - - 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating theruo by facsimile,and any such -- ---- Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures=- _ and facsimile seal shall be valid and binding upon the Company,in the future with respect to any bond or undertaking to which it is attached.' IN WITNESS WHEREOF,the Companies have caused these presents to be signed and their corporate seals to be hereto affixed,this April 2,1999. RELIANCE SURETY COMPANY �gonet� u'igwcFCO tic tNSUq�tic ONpl 1NOF� RELIANCE INSURANCE COMPANY =OPPOR,9�oi r� aCOPPOR,tr OPPOA.r UNITED PACIFIC INSURANCE COMPANY uSEALm '> uSEALm o = °SEAL" RELIANCE NATIONAL INDEMNITY COMPANY z T ' 1 1959`2 i r99a ' 192% 6�`TCO NS a I STATE OF Washington ? COUNTY OF King }ss. On this, April 2,1999, before me, Laura L.Wadsworth, personally appeared Mark W.Alsup,who acknowledged himself to be the Vice President of the Reliance Surety Company,Reliance Insurance Company, United Pack Insurance Company,and Reliance National Indemnity Company and that as such,being authorized_to do so,executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. O" WMARY I'tJBIJC Notary Public in and for the State of Washington Residing at Puyallup -_ 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY,RELIANCE INSURANCE COMPANY,UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force and effect. �t `� IN WITNESS WHEREOF, I have hereunto set my hand and affixed the-seals of said Companies thisz�Z 1 day of 0CWLC1,,_ year of S�nerr �ssuwv._F ec+s�n,yy c�p1.INpF �� °Oe �t PPOR9°� �:O PPOg9�2 2 0 fs uSEAL`n< e T` ' 'SEAL o s9 m o n9za Z6 ScoNy tact Assistant Secretary • 04 • • • INIVA MAINTENANCE BOND Bond No. B2892393, ' REL=Al�I�CE INSURANCE COMPANX HEAD OFFICE,PHILADELPHtA,PENNSYLVANIA KNOW ALL MEN BY THESE PRESENTS,that we R.J.NOBLE COMPANY as Principal,and RELIANCE INSURANCE COMPANY,a Pennsylvania corporation,as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,in the full and just sum of ONE MILLION ONE HUNDRED FOURTEEN THOUSAND .NINE HUNDRED SIXTY—SIX AND 16/100 — — — — — — -- — _ _ Dollars(S 1,114,966.16 — — — — �. for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the said Principal entered into a contract with dated , OCTOBER 18, 1999 for ARTERIAL HIGHWAY REHABILITATION PROJECT; CC 1109 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of ONE ' year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS,the said contract has been completed, and was approved on NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within year(s) from the date of approval of the said contract, the work done under the terms of said contract shalt disclose poor workmanship In the execution of said work, and the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall rema'n in full force and virtue,otherwise'this instrument shall be void. PROVIDED HOWEVER, this Maintenance Bond is only furnished in accordance with the maintenance provision of the underlying contract. Signed and sealed this 20th day of OCTOBER 01999 Witness: R.J.NOBLE COVANY t.T,j?iZ0VED AS TO FORM: KUTI T01i 7 HAE CARVER, PRESIDENT CITY LTT Rj:,y Pf mcq'al . J City f!ttorne9 RELI NC NWRAECOMPANYB [ AttDme '� act son-2708 ED.12/82 MI )i EL D. i I i State of CALIFORNIA RIGHT THUMBPRINT loptional) County of ORANGE y 10/20/99 M.A. GROSKOPF On before me, � . (DATE1 INALYIEI[ITLE OF OPACERa.a.'JANE DOE,NOTARY PUBLIC-1 personally appeared MICHAEL J. CARVER, MSIDENT OF INA.uEISI OF SAGNERISIP R. J. NOBLE COMPANY CAPACITY CLAIMED BY SIGNERIS) DINDIVIDUALIS) OCORPORATE OFFICERISI Y9 personally known to me -OR- ❑ proved to me on the Iz,ILEu basis of satisfactory OPARTNER[S) OLIMITED evidence to be the OGENERAL person(s)whose name(s) OATTORNEYtNFACT is/are subscribed to the 0TRUSTEEIS) within instrument and DGUARDIANICONSERVATOR acknowledged to me that OOTHER: he/she/they executed the same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: M.A. GROSKOPF and that bx his/her/their IName of Parson(s)orEntityGasl rix �` comm.#1130198 o signature(s) on the u,J. NOBLE COMPANY NOTARY PUBLIC-CALIFORNIA 9 instrumentthe person(s), ORANGE COUNTY or the entity upon behalf micomm,11040111s!lMU— of which the person(s) acted, executed the instrument. RIGHT THUMBPRINT IOptionall Witness my hand and official seal. a tSEALI E !!Ot CAPACITY CLAIMED BY SIGNERS) OINDIVIDUAL(S) OCORPORATE ATTENTION NOTARY DFFICER(S) She information requested below and in the column to the right is OPTIONAL, rn*usI Recording of this document is not required by law and is also Optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNERISI ❑LIMITED unauthorized document. DGENERAL OATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEEISI MUST BE ATTACHED OGUARDIANICONSERVATOR TO THE DOCUMENT Number of Pages Date of Document OOTHER: DESCRIBED AT RIGHT: Sigrwrlsl Other Than Named Above SIGNER IS REPRESENTING: {Name of Person(sl or Entityliee) VYDLCOTTS FORM 63240 Raw.3.64 lwiew Clain 1•2A) 01994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CA.°ACITY,'R!PRESENTATION,TNO FINGERPRINTS I 7 67775 63240 s STATE OF _ CALIFORNIA SS. COUNTY OF RIVERSIDE On to f� n a 1 R ,before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of , satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within.instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed ROSEMARY STANDLEY the instrument. �s COV,%I.#1090462 NOTARY PUBLIC.CALIFORNIA an RNERS'OE LpUNTY IVTTNESS my hand and official seal. U1 Casa.Fxtn,,war T.M Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT rITU(m ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIA (CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR EMTnY(IES) - - -- SIGNER(S)OTHER THAN NAMED ABOVE M-MI Rev.6194 ALL-PURPOSE ACKNOWLEDGEMENT RELIANCE SURETY COMPANY 'RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called"the Companies")and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Michael D Stong,Susan C Monteon,Shawn Blume,Rosemary Standley,of Riverside,California their true and lawful Attomey(s)-in-Fact,to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attor- ney(s)-in-Fact may do in pursuance hereof This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect,reading as follows ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS 1 The Board of Directors the President the Chairman of the Board any Senior Vice President any Vice President or Assuan Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorney(s)-m-Fact and to authorize them to execute on behalf of the Company bonds and undertakings recognizances contracts of indemnity and other writings obligatory in the nature thereof and(b)to remove any such Attormy(s)in Fact at any time and revoke the power and authority given to them 2 Atwrney(s)-ta-Fact shall have power and ambionty sub)eet to the terms and lunitation s of the Power of Attorney Issued to them to execute and deliver on behalf of the Company bonds and underulungs recognizanm contracts of mdemmty and other writings obligatory in the nature thereof The corporate seal is not necessary for the validity of any bonds and undertakings recogniances contracts of indemnity and other writings obligatory in the nature thereof - 3 Attoraey(s)-m-Fact shall have power and authority to execute affidavits required to be attached to bonds recogmances contacts of Indemnity or other conditional or obligatory undertakings and they shall also have powci and authority to certify the financai statement of the Company and to copies of the By-Laws of the Company or any article or section thereof 71ts Power of Attorney%signed and sealed by facstinde under and by authority of the following resolution adopted by the Executive aid Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31 1994 - - - Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by famumile and any such Power of Attorney or certficatc bearing such facsimile signamres or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF,the Companies have caused these presents to be signed and their corporate seals to be hereto affixed,this Apnl 2,1999 RELIANCE SURETY COMPANY sonery ,,,���ccc Nam. f`cl"SUR14, o�,>x.tNofy RELIANCE INSURANCE COMPANY o�P,p Oq UNITED PACIFIC INSURANCE COMPANY ` SEAL '> SEALm We t�SEAI-'" 0 RELIANCE NATIONAL INDEMNITY COMPANY e u 19592 0 c F99a Jr 28 r Co L °FeAwAa� wo't ?,yRsnvtN �y • �� '����� STATE OF Washington } COUNTY OF King )SS On this, April 2,1999, before me, Laura L Wadsworth, personally appeared Mark W Alsup,who acknowledged himself to be the Vice President of the Reliance Surety Company,Reliance Insurance Company, United Pacific Insurance Company,and Reliance National Indemnity Company and that as such,being authorized to do so,executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer - In witness whereof,I hereunto set my hand and official seal pfTAW ,.4-- In" A - Notary Public in and for the State of Washington =- Residing at Puyallup 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY,RELIANCE INSURANCE COMPANY,UNITED PACIFIC INSURANCE ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force and effect y� IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the seals of said Companies thisxf day of Q('1 [J46t11_ year of Slivery ,,,s`tR.",cF ciusuRgy s�p.L iNpF xb cd P?. vSEALm vSEALm a tom i�.t9S9.2 Assistant Secretary s T99a ore og�92a °Fl�w��4 tea•✓wr 'M'Mnv?Hr - qb • I•� - - -- —-- - - THE BACK OF DOCUMENT CONTAINS • • AT AN ANGLE TO VIEW - t y SECTION C `�3 PROPOSAL 7 for the ARTERIAL HIGHWAY REHABILITATION Warner Avenue Beach to Newland Heil Avenue,Saybrook to BoIsa Chica; Graham to Springdale;and Beach to Newland Edinger Ave Golden Nest to Gothard CASH COti"TRACT No. nog in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND IMEMBERS OF THE COUNCIL OF HUN"TINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract Aith AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated`quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE,AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, tares, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,and words shall govern over figures. C-t l ti r`ROJECT BID SCHEDULE •; - w ' terryEstimated v ;; -`:r.' tem tint unrt rice°: .t .s, x�>=t :�n xtea a <. .� of y '�w '��.w`�,� a %x �v t• �•zry, :.+.•.- •,�,.: �{r- -nR-ft� 3•;.-,.:"c.ac.cwx .L �, h4. Quantity <,� � ;�Xsvi itteotin.Wdrds�; .�;.�_ �, ;--Unit Prtce:- Amount x PC Does 9 35287 e VAR\'ER-BEACH TO KEWLAND(SCHD n f I 1 Mobilization THIRTEEN THOUSAND SEVEN HUNDRED LS Q Dollars S 13,7J0.00 S,13,750.00 NO cents Per LS 1 Traffic Control LS Q EIGHT THOUSAND SIX HUNDRED Dollars $ 8,600.00 S 82600.00 NO Cents Per LS 3 1550 Unclassified Excavation CY C Y EI,GET Dollars $ 28.13 S 43,601. ' THIRTEEN Cents - f Per CY 4 34200 Cold Mill SF u� Dollars S �23 S 7,866.0 TWENTY THREE Cents Per SF 5 Curb d`Gutter per H.B.Std.Plan 9202 NOT iN CONTRACT THIS SCHEDULE none nne 6 Reinforcing Fabic NOT IN CONTRACT THIS SCHEDULE none none 7 1320 Construct Asphalt Concretc Overlay Ton Q _THIRTY-TWO Dollars S 32.67 S 43,124.4 SIXTY SEVEN Cents Per Ton 8 1210 Construct Asphalt Concrete Overlay w/Laez Ton a TH>?ITY SEVEN Dollars S 37•70 S 45,617.0 _SEVENTY Cents Per Ton 9 3000 Construct Asphalt Concrete Ton @ THIRTY TWO Dollars S 32.35 S 97,050.0 JEJETY EIVE Cents Per Ton C-Is �AOJECT 131D SCHIEDULC ReT Item with unit S,Fo.. uantifys X'�,--< -; "*t in lvi;�d 10 Construct Aggregate Base NOT TN CONTRACT THIS SCHEDULE none none X 11 to Adjust Manhole to Grade per H.B.Std.Plan 0306 Ea.-h @ ONE HUNDRED NINETY U� Dollars $ 198.00 S 1,980.0 NO Cents Per Each 12 118 'Adjust Water Valve to Grade per H.B.Std.Plan 9612 Ea--h e ONE HUNDRED SIXTY Dollars S 160.00 S 2,880.0 NO Cents Per Each 13 Adjust Misc.Cover to Grade per H.B Std.Plan#219 or 0612 NOT IN CONTRACT THIS SCHEDULE none none 14 16 Replace Traffic Signal Loop Each e. ONE HUNDRED EIGHTY SEVEN Dollars S _ IFIZ-00 S 2,992, NO Cents IPer Each 15 1 Striping(No PPi%fS) LS C1, THREE THOUSAND SEVEN H1UDN?Xj?,,l,,, S 3,770.00 $ 3,770.0 5EVENTY DULLAKS & NO —Cents Per LS 16 1 Striping Raised Pavement Markers Only LS ca THREE THOUSAND TWO HUNDRED Dollars S 3,235.00 S 3,235.C ) TWLNTY flVt VULLA-w.b 6 NO —Cents Per LS SCHEDULE1 Sub Total Amount Bid in Figures:S 274,465.90 Sub Total Amount Bid in Words:TWO HUNDRED SEVENTY FOUR THOUSAND FOUR 'HUNDRED SIXTY FIVE DOLLARS & NINETY CENTS C-2s -ROJECT BID SCHEDULE Item Estimated �°�� ` � � tem tint unit price:��� � �x� �� �X � $� � - xtett e A3.' Jr -ar-s�'�;::,;��,{'-R - f .r Y k w .) o - 7�f.. s .k-g..._. h'o; Quatttityk .;:, .,r..�nirrittenlnordsx t `; Y TfaitPr�ce< �>�AtriouzxtR . PC Dots X 3SI94 ItEILAVENUE(SCHEDULE II) I 1 Mobilization LS SEVENTEEN THOUSAND FIVE HITI} -�orlars S L7,550.00 17,550.00 CENTS Cents Per LS 2 1 Traffic Control LS O SIX THOUSAND THP.EE HUNDRED Dollars $ 6,300.00 S 6,300.0 i Nn Cents Per LS 3 3650 Unclassified Excavation CY C EIGHTEEN Dollars $ 18.39 S 67,123.50 THIRTY NINE Cents Per CY 4 89830 Cold Milt SF rr N0 Dollars $ .13 S 11,677.90 THTRI;FFIS Cents Per SF 5 Curb&Clutter per H.B.Std.Plan 9202 NOT IN CONTRACT THIS SCHEDULE none none } 6 352960 Reinforcing Fabic SF , NO Dollars S .10 S 35,296.00 TEN CENTS Cents Per SF 7 7268 Construct Asphalt Concrete Overlay Ton THTF=MM . . _ . . .Dollars 532.32 J34,901.76 THIRTY TWO Cents Per Ton 8 Construct Asphalt Concrete Overlay w•/Latex NOT N CONTRACT THIS SCHEDULE NONE NONE 4 9 6970 Construct Asphalt Concrete THIRTY ONEg16,070.001 Ton a Do[rars S 3.I.YnO NO Cents Per Ton C-I s �whOJECT BID SCHEDULC Item siimate >_x Ilan e » •k k ' •f_:i.'` %t.•,• -,o-- ..r s - $ k } - -•r..t .a,;:'.xi, a t . ti n ... I\o ,Quaintity; Y $,. ��ritten in s�ords <, ;° . < xUtiit Priced AmounE 10 1220 Construct Aggregate Base Ton ( NINE Dollars S 9.56 S 11,663.2 FIFTY SIX Cents Per Ton 11 40 Adjust Manhole to Grade per H.B.Std.Plan 00306 Each Q ONE HUNDRED NINETY EIGHT Dollars S 198.00 S 7,920.0 NO Cents Per Each 12 44 Adjust Water Valve to Grade per H.B.Std Plan 9612 Each ONE HUM ED SIXTY Dollars S 160.00 S 7,040.0 NO Cents Per Each I3 1 Ad;ust Nfisc.Cover to Grade per H.B.Std.Plan#2[9 or#612 Each EIGHT HUNDRED TWENTY FIVE Dollars S 825.00 S 825.0 ` Kin Cents Per Each 14 18 Replace Traffic Signal Loop Each a ONE HUNDRED EIGHTY SEVEN Dollars S 187.00 S 3,366.0 NO Cents Per Each I5 1 Striping(No RPh['S) FIVE THOUSAND SEVEN HMRED L5 cr 15I611TY r-a-urb --- -- Dollars S,5 -7R5_nn S_ 5,785_0 Ccnts Per LS I 16 1 Striping Raised Pavement[Markers Only LS U FIVE THOUSAND Dollars S 5,000.00 S 5,000.0 ) NO Cents Per LS • 1 i SCHEDULE II Sub Total Amount Bid in Figures: S 630,518.36 Sub Total Amount Bid in Words: SIX HUNDRED THIRTY THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS S THIRTY SIX CENTS C-2s 1 ,RQJECT BID SCHEDULE ' 1-tern EstimatedtemSuit unttprsce „:. s:>;« s..: Y ., x xteu e 4 4-'{• .. 2! - o Q'S"x ...C'. .,f'% $ P- ,v+ •� }~ w'K•'1 A<" . N0.: `Quantity; ' „s..r v�ritfen in 4vords � fry s { Unit Price,,:, oirnt PC Does 035253 EDItiGERAVENUE(SCHEDULE ITn I 1 Mobilization LS Q TEN THOUSAND FOUR liINDRT:D Dollars $ 10,400 00 S_10,400.00 NO Cents Per LS 2 1 Traffic Control LS Q`,SIX THQUSAND FIVE HUNDRED Dollars S b 500.00 S 6,500.0 Cents Per LS 3 1200 Unclassified Excavation CY a TWENTY Dollars S 20.48 S 24-.576.0a FORTY EIGHT Cents Per CY 4 23500 Cold Mill SF C NO Dollars S .28 S 6,580.00 XITY EIGHT - - - - -Cents Per SF 5 157 Curb&Gutter per H.B.Std.Plan 9202 LF Q TWENTY SEVEN Dollars S27.50 S 4,317.50 FTF Cents Per LF ' 6 147000 Reinforcing Fabic - SF Q NO Dollars S .08 s11,760.00 F.T CRT Cents Per SF 7 1726 Construct Asphalt Concrete Overlay Ton Q THIRTY TWO Dollars S 32.15 S55,490.90 Cents Per Ton $ Construct Asphalt Concrete Overlay w/Latex NOT IN CONTRACT THIS SCHEDULE NODE NONE I9 2310 Construct Asphalt Concrete Ton G THIRTY Dollars S 30.35 S70,108.50 THIRTY FIVE Cents Per Ton - ^ GIs �IwROJECT BID SCHEDULE te hun!, r Y. k e,-,,,,,p'w�. S u r'0.- Intity �writ nit rlce:��Is loti. ten 10 Construct Aggregate Base NOT IN CONTRACT THIS SCHEDULE none none 11 2 Adjust Manhole to Grade per H.B.Std.Plan 9306 Each @ ONE HUNDRED NINETY EIGHT Dollars 198.00 S 396.00 NO ---.Pcnts Per Each 12 111 Adjust Water Valve to Grade per H.B.Std.Plai#612 Each Cu ONE HUNDRED SIXTY Dollars S 160.00 $1,760. CnLS Per Each 13 Adjust Misc.Cover to Grade per H.B.Std.Plan#219 or#612 NOT IN CONTRACT THIS SCHEDULE NONE NONE 14 53 Replace Traffic Signal Loop Each e, ONE HUMPED MIGHTY SEVEN —Dollars S 187.00 S.--91911. NO Cents lo Per Each 15 1 Striping(No RP.%.I'S) LS e THREE THOUSAND FIVE HUNDRED Dollars S 3,512.00 3,512.0( N WELVE DOLIARS & NO Cents Per LS 16 1 Striping Raised Pavement Markers Only FOUR THOUSAND SIX HUNDRED 4,670.00 4,670.0 LS ( @11 Zr3;E=Y Dollars S S NO 'Cents Per LS [—SCHEDULE III Sub Total Amount Did in Figures: S 209,981.90 Sub Total Amount Bid in Words: TWO M*DPXD NINE THOUSAND NINE HUNDRED EIGHTY ONE PQLLA!s SCHEDULE 1,11 &11 71 Grand Total Amount Did in Figures: $ 1,114,966.16 Grand Total Amount Bid in Words: ONE MILLION, ONE HUNT RED FOURTEEN THOUSAND, NINE H MMED SIXTY SIX DOLLARS 6 SIXTEEN CENTS C-21 If awarded the Contract, t&"ndersigned agrees that in the event of the ]BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within to working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the-acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find'Mid Bond in the amount of S -`-=hich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed-Bids, payable to'-the AGENCY.' (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: ................... ...... .. :I3cdders Sc nature .......................�ss.:. No. 1 9/14/99 ' "MICHAE 3."CARVER, PRESIDENT i� 3 i i i , G2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract irf an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. .......... :... . . . .. ...... ctnre,.4n ..cvnlrRctor. : :': .. :::.. 1r.tc....... icense -`s; Hiss ..........::::..................::::::.....::.... ............... :o T�ork.:: :..:.:......................:..:..:.. .::::: ,........::: .............., l�u17 Cr ::: . SMITHSON ELECTRIC, INC. 1.3% 1938 E. Katella Ave. orange CA 92867 614518 PJL%LIREZ CONSTRUCTION, INC. 1•91 20815 Currier Rd. Walnut, CA 91789 683241 C61 D64 PAVEMENT RECYCLING SYSTE4S , 2.2x P.O. Box 1266 Riverside A J & S SIGN COMPANY, INC. 53821I C-32, D-4 2.1x 22 W. Kate33a Ave. Orange, CA 92867 C-61 i By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 �ONCOLLUSION AFFIDAVI-�' ' TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID •M State of California County of Orange MICHAEL J. CARVEI? , being first duly sworn, deposes and says that he or she is PRESIDENT of R.J. NOBLE COMPANY the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. R. J. NOBLE COMPANY Name of Bidder Signature of Bidder MICHAEL J. CARVER, PRESIDENT 15505 E. Lincoln Avneue Address of Bidder Orange, CA. 92865 Subscribed and sworn to before me this 22r►a day of Sept. , 1999 r..'-•.. M.A. GROSKOPF c comm.#113019A D Z] ' m NOTARY PUSUC-CALIFORN[A 0 • ORANGE COUNTY ti+r Comm.Iro,April 21,2MI NOTARY PUBLIC NOTARY SEAL C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL ; CITY OF FTUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ARTERIAL HIGMVAY REHABILITATION, CG1109, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title S, California Administrative Code, Section 2700, as follows: "Qualified Person: A parson who, by reason of experience or instniction, is familiar with the operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. R. J. NOBLE COMPANY Contractor i MICHAEL J. CARVE�t PRESIDEN-T Title ` Date:September 22, 1999 GS A I • DISQkLIFICATION QUESTIONNAIRE ' In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of pedury,the foll~awing questionnaire. -QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project l use of a violation of taw or a safety regulation? i O Yes No If the answer is yes, explain the circumstances in the space provided. NONE Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. i COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every , 'employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I A. J. NOBLE COMPANY Contractor B MICHAEL J. CA_I?VEp, PRESIDENT Title Date: ,September 22, 1924_ i 1� 1 � C-7 j • i UNIVERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) y 1 - .I No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. R. J. NOBLE COMPANY Contractor By MICHAEL J. CARVER, PRESIDENT Title Date: September 22, 1999 Note: This form is required for every Dig Alert Identification Alumber issued by USA. during the course of they Iirork. Additional forms may be obtained from the AGENCY upon request. C-8 k BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: R. J. NOBLE.COMPANY Bidder Name 15505 E. Lincoln Avenue Business Address Orange, CA. 92865 City, State Zip '~ P4 637--1550 • •Telephone Number A-121735 A - State Contractor's License No. and Class 10/2/50 Original Date Issued 7/31/2000 Expiration Date The work site was inspected by STEVE MENDOZA of our office on , 1999. o following e n having principal inter •n proposal: The olio g are persons, firms, and corporations ha � g a pry pal interest i this p opos R. J. NOBLE COMPAtdY, A CALIFORNIA CORPOPATION tRCHAEL J. CARVER, PRESIDENT jAmr-, L nT I E&uy�sEcPPTARX.1ZR ACITRES; STAN HILTON, ASSISTANT SECRETARY C-9 The undersigned is prepare satisfy the Council of the City of Hun ngtori Beact of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. R. .J. NOBLE COMPANY Company Name Sr ature of ' der MICHAEL J. CA?VE1:2 PRESIDENT Printed or Typed Signature ' Subscribed and sworn to before me this 12nctay of September , 1999 , ji r M.A. GR05K0PF CC3MM.#tt30198 A �a s NOTARY PUBL"AUFORNIA O ORANGE COLIt�TY My Comm.ExF•Apr+ 21,2001 NOTARY PUBLIC - NOTARY SEAL Listed below are the names, addre and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: t. CALTRANS - District 12, 3I90 #J Airport Loop-Drive, Costa Mesa, CA. Name and Address of Public Agency Name and Telephone No. of Project Manager: Ali Solehjou 714-556-9416 $2,721,302 Byes Place to Myrtle St. , Orange Cty 3/99 . Contract Amount Type of Work Date Completed i 2. CITY OF ORANGE - 300 East Chapman Avenue, Orange, CA. Name and Address of Public Agency Name and Telephone No. of Project Manager: Frank Sun 714-744-5525 i $219,259 - AC CONC. OVERLAY PROJECT VARIOUS LOCATIONS 7/99 Contract Amount Type of Work Date Completed 3. CITY OF LAKE ELSINORE Name and Address of Public Agency Name and Telephone No. of Project Manager: 909-564-2392 $579,135 - Street Resurfacing & Slurry Seal Project 8/99 Contract Amount Type of Work Date Completed C-10 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 ARTERIAL HIGHWAY REHABILITATION CC-1109 ADDENDUM NUMBER 1 Septemoe, 10, 1999 NOTICE 10 ALL CONTRACTORS Please note the following revisions to Appendix III of the Project Specifications Replace the Prevailing Wage Rates dated 6/4/99, General Decision CA990035 Modification Number 3 with the attached Prevail,ng Wage Rates dated 9/3/99, General Decision CA990035 Modification Nimber 7 All ccntractors are requested to acknow;edge the-receipt of this A_dden-dum with your proposal Very Truly yours Eric R. Cnar.onne Project Manager This is to acknow;eage receipt anc revzo, of Addendum Nu^lcer 1, dateo September 1G. 1999 It is understood that this revision; shail be induaec, it tf'e proposal Company Name B. S-EVE MENDOZA, _STD?,-% JR Dave Shou;d you have any questions rega-d:rg this Adderdirn pease cal me at (714) 536-5430 3'_i6G Local Assistance Procedures Manual EXHIBIT 12-E 4 PS$E Checklist Instructions Attachment H t;. LOCAL AGENCY BIDDER-DBE INFORMATION This Information May be submitted with our bid proposal. If It is not, and you are the a y y p p y apparent tow bidder or •'�-'� the second or third low bidder,It must be submitted and received by the administering agency no later than the timespecified In the special provislons. -1 COJRTEJP.M: STPLMA 5181 (I 2 6) BIDDER'S NAME: - CONTRACT NO.: STPLMA 5181 125 & R. J. NOBLE COMPANY BID AMOUNT:$ ADDRESS: BID OPENING DATE: . 9/22/99 _ 15505 E. Lincoln Avenue Orange, CA._ 928 .5 DBE GOAL.FROM CONTRACT 10 % ITEM OF WORK AND NAME OF DSE" DOLLAR PERCEN CONTRACT DESCRIPTION OF WORK OR (Name of DBEs,Certification AMOUNT ITEM NO. SERVICES TO BE Number. DBE SUBCONTRACTED OR and Telephone Number) DBE MATERIALS TO BE PROVIDED Various Trucking RUBALCAVA TRUCKING, INC. 112,000.00 10% Item Has CT 026937 909-393-5616 Total Claimed Participation r % IL.°10 ' ' If 100%of Item is not to be performed or fumished by DBE, describe exact portion, Including planned location of w3rk to be erformed,of Item to be performed or fumished by DBE DSEs must be certified by Caltrans on the date bids are opened. Subcontractors and suppliers certified state- funded only cannot be used to meet goals on federally funded contracts. Credit for a DBE supplier,who Is not a manufacturer is limited to 60%of the amount paid to the supplier. (See Section `Disadvantaged Business"(DBE)of the special provisions) IMPORTANT: Names of DBE subcontractors and their respective Item(s)of work listed above should be consistent with the name and Items of work in the"List of Subcontractors"submitted with your bi P"&ignatur'4e16f nt to the contractors Llstin Law. 22 9 714--637-1550 idder Date (Area Code)tel.No. STAB HILTON,ASS I STANT SECRETARY Person to Contact (Please type or print) Distilbubon for NHS Projects: (1)Original-Guns DLAE for NNS Projects,(2)Copy-Local Agency project re DWtr Mon for nor�NE4S Projects: (1)Original Local Agency project fee DEPT.OF TRANSPORTATION (FED DBE)&IODIFIED DC- 0 E-19(REV M19-9q Local Assistance Procedures hlanri1 PS&E Checklist Instructions FAIT Attathtuentn!K 5--1._ PERFORMANCE OFDBESVBCOIVMCTORSANDSUPPLIERS The DBEs listed by the Contractor In response to the requirements in the section of these special provisions entitled'Submission of DBE Information,Award,And Execution Of Contract,'which are determined by the Department to be certified DBEs,shalt perform the work and supply the materials for which they are listed unless the Contractor has received prior written authorization to perform the work with other forces or to obtain they_ materials from othersources... Authorization to utilize other forces or sources of materials may be requested for the following reasons: (l) The listed DBE, after having had a reasonable oppormnity to do so, fails or refuses to extmtt a written contract,when such written contract,based upon the general terms,conditions,plans and specifications for the project, or on the terms of such subcontractor's or supplier's arittmbid,is presented by the Contractor. ` (2) Tlae listtd DBE becomes bankrupt or insolvent ' (3) The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. (4) The Contractor stipulated that a bond Ras a condition of executing a subcontract and the listed DBE subcontractor fails or ref=to meet the bond requirements of the Contractor. (5) The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the plans and specifications,or the subcontractor is substantially delaying or disrupting the progress of the v.ork. (6) It would be in the best interest of the State. The Contractor shall not be entitled to any payment for such work or material unless It is performed or supplied by the listed DBE or by other forces(including those of the Contractor) pursuant to prior written authorization of . the Engineer. i f• • 7UM1j1A1g0JM ng8X RANC3M COMPANY HEAD OFFICE:, PHILADELPHIA, PENNSYLVANIA - BID BOND Bond No. NIA • APPROVED BY THE AMERICAN INSTITUTE of ARCHITECTS • A.1.A.DOCUMENT NO,A-310 IF ES.1070 E D.) }:NOW ALL MEN BY THESE PRESENTS, that we R. J. NOBLE CO.1PAIr'Y as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia,Pennsylvania,a corporation duly organized under the laws of the State of Pennsylvania, .as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMT. BID Dollars ($1Ox OF AMT. BID ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs, executors,administrators, successors and assigns,jointly and so erally, firmly by these presents. WHEREAS;the Principal has submitted a bid for ARTERIAL HIGI%IAY REHAB —'WARNER AVE/BEACH TO NEWLAND (1109) NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into-a Contract with the Obligee in accordance with the terms of such bid. and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obliges may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 31st day of AUGUST A.D. 19 99 R. J. NOBLE COMPANY fYriEn�sy) d tt • CHAEL J A-RVE9;SI�P?,ESIDEtrT 3 ' RELIANCE INSURANCE COMPANY r+�1'HAti.I, u. a�+:w ORP� Y-IN-FACT . r STATE OF CALIFORNIA SS. COUNTY OFc�f RIVERSIDE On U=,3/1%7 ,before me, ROSEMARY STANDL£Y PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of , satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ OS E';1ARYSTANDL---- Y their signature(s) on the instrument the person(s), or the N _ COMM.:1 '� . entityupon behalf of which the person(s) acted,executed NOTARYN3L:c.CAUiForNIA r0is P P ( ) ,~ ANERSI E couNrY the instrument. krr Ccnn.EOtft Jos 7.M WITNESS my hand and official seal. t Signature ILL- Z2z. This area for Ofric&I Notarial Sea! OPTIONAL Though the da'a below Is rot required by law.it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT MIA ❑ PARTNEF(S) ❑ LIMITED • ❑ GENERAL, 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TAUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: kMaE Or PERSONS)OR Ewmp6s) SIGNER(S)OTHER THAN NAMED ABOVE D•Oal Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT 2tLIANCE SURETY COMPANY - _ RELIANCE INSURANCE COMPANY JNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA PENNSYLVANIA - - - POWER OF ATTORNEY _- - - :NOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, :nd that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws-of the :.ommonweatth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws-of the-State-of 6' ,Visconsin (herein collectively called"the Companies") and that the Companies by virtue of signature and seals do hereby_make, constitute_and appoint '41c hael D.Stong,Susan C.Monteon,Shawn Blume,Rosemary Standley,of Riverside,Califomia their true and lawful Attomey(s)-ire-Fact,to-make =xe.:ute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by 3n Executive Office_r of the Companies and sealed and attested by one other of such officers,-and hereby_ratifies and confirms all that their said Attor- iey(s)-in-Fact may do In pursuance hereof. = - --- This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE NSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in III force and effect,reading as follows: , ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Direcmn shall have =— and authority to(a)appoint Anarney(s)-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recogniinmees,contracts of indemnity and other writings obligatory in the nature-'-- :f,and(b)to remove any such Attorntey(s)-in-Fact at any time and revoke the power and authority given to them. - 2. Attorney(s)-it-Fact shall have power and authority,subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company,bonds and undertakings, ogniances,contrcts a of Indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings recogniranc",contracts of indemnity and other firings obligatory in the nature thereof. 3. Anornney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recogn"taoces,conuracts of indemnity or other conditional or obligatory undertakings and they shall .Iso Piave power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. —is Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, d Pacific Insurance Company and Reliance National indemnity Company by Unanimous Covent dated as of February 28,1994 and by the Executive and Financial Committee of the Board of Directors of Reliance f Company by Unanimous Consent dated as of March 31,1994. -Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures - and facsimile seal shall be valid and binding upon the Company,in the future with respect to any bond or undertaking to which it is attached.' _ - .N WITNESS WHEREOF,the Companies have caused these presents to be signed and their corporate seals to be hereto affixed,this April 2,1999. RELIANCE SURETY COMPANY suaery C t`ecnsun�ti �PI_IND RELIANCE INSURANCE COMPANY �`OP,PO�r�; wT OQ,POR1�.c�_ `�OPPOR,rj UNITED PACIFIC INSURANCE COMPANY `SEaL" > LL `SEALm : W `SEAL RELIANCE NATIONAL INDEMNITY COMPANY i : u 4.1959= o s r99s sS• of �92s Zsij"Co D ^/►� art♦W.wt �`^e.:wF" �`'MvenvrNS �y " 1•� ������ / i STATE OF Washington } COUNTY OF King )SS. On this, April 2,1999, before me, Laura L.Wadsworth, personally appeared Mark W.Alsup , who acknowledged himself to be the Vice President of '`a Reliance Surety Company,Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so,executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set niy hand and official seal. ON PUBW NMARY 3ir20Dt Notary Public in and for the State of Washington _ Residing at Puyallup Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force and effect. ,N WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3/5� day of Ct year of L�9 yuaery �„suw>w{ c�nsvn�ti- aPt INC,, PO pPOq �Z �^ z�0C SEAL'� < L SEAL W SEAL s v s vyy� ' r9Qg z6 SO C1959 aa Assistant Secretary r• 00 State of CALIFOPJIIA RIGHT THUMSPRINT(optionaq County of ORANGE on 9/1/99 before me, M.A. GROSKOPF • IDATEI - INA.Mf4ITLE OF OFFICER-i.*.•JA•YE DOE.NOTARY PY9UC'I personally appeared MICHAEL J.• CAP.VED, PRESIDENT OF INAMIIS)OF SIGNER1SIl j{ 1?. J. NOBLE C0�1PAIdY CAPACITY CLAIMED BY SIGNERIS) If IF GINDIVIDUALISI I GCORPORATE 1 I OFFICER{51 xc'g personally known to me -OR- 0 proved to me on the it 51 1 basis of satisfactory CPARTN£R{SI OLIMITED !` evidence to be the OGENERAL person(s)whose names} CATTORNEY IN FACT �! is/are subscribed to the OTRUSTEEIS) II within instrument and CGUARDIANICONSERVATOR !!i acknowledged to me that ❑OTHER. ` he/she/they executed the same in his/her/their GROSKOPF authorized capacity(ies), SIONERISREPRESENTING: y K3 ohjAAy U ,1C•CiA�FC IA a and that ? his/her/their thetheir V.J.INem�of Parsonlel O►EntitYGe�l p�N-'EcoU� instrumentthe person(s), NOBLE CO;�ANY 61yComm,EKD AarN11,26�i or the entity upon behalf of which the person(s) acted, executed the RIGHT TMUMSPA1NT(Optional) 'instrument. Witness my hand and official seal. IF tSEAI) )SIG. URE Or rho I ;i f! r CAPACITY CLAIMED BY SIGNERIS) 'I GI{hDIVIDUAiI51 �� ! ✓=CORPGAATE ATTENTION NOTARY OFFICERISI i The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. I It could, however, prevent fraudulent attachment of this certificate to any [nPkRTNER{5) ❑LrI,tITEO I unauthorized document. ❑GENERAL 1 • (ZATTORNEY IN FACT THIS CERTIFICATE TrtlsorTrpeofDocument CTRUSTEEISI ;1 MUST BE ATTACHED 6 GUARD IANICONSERVATOR :E TO THE DOCUMENT Number of Pages Data or Document BOTHER. DESCA MED AT RIGHT. Signadsl Other Than Named Above SIGNER IS REPRESENTING: )Name of Personls)or EntityGaa) i� wOLCOTTS PoAPA 97240 Rev.3-94 Wit.Nara 9-2AI C?199e WOLCOTTS FORMS.INC. ALL PURPOSE ACX40wLEDGMENT WITH SIGNER CAPACITVREPFIESENTATION.'TWO FIN0fRP14NTS 7 67775 6324 s RCA AOUTING SholEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Construction Contract for the Arterial Highway Rehabilitation Project; CC-1109 COUNCIL MEETING DATE: October 4, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS Not Applicable REVIEWED RETURNED FORIA AR ED Administrative Staff mil'23: Assistant City Administrator (I itial) ( ) ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Charlonne C/c mePfiny- X/I4'/f9 600.51 '6400 er A-Ps en ed by CITY OF HUNTINGTON BEACH/�&6 &arwslec, INTERDEPARTMENTAL COMMUNICATION J`e- cuea TO: Ray Silver, City Administrator FROM: Robert F. Beardsley, Director rec or of Public Works SUBJECT: ARTERIAL HIGHWAY REHABILITATION PROJECT IMPLEMENTATION STATUS DATE: August 6, 1999 On June 21, the City Council authorized the advertisement inviting Sealed Bids for the following two Combined Arterial Highway Rehabilitation Projects: 1. CASH CONTRACT 1109, FEDERAL/CITY PARTNERSHIP-AHRP ENGINEER'S ESTIMATE$1 498 795 ■ WARNER AVENUE, Beach Blvd. To Newland St. ■ HEIL AVENUE, Saybrook Ln. to Bolso Chica St. ■ HEIL AVENUE, Graham St. to Springdale St. ■ HEIL AVENUE, Beach Blvd. To Newland St. ■ EDINGER AVENUE, Golden West St. to Gothard Subsequently, on June 29, staff formally submitted to Caltrans Local Assistance the required project documentation for Federal Funding Authorization approval. It is anticipated that federal authorization will occur within the next two weeks. Until such time, staff can not advertise the project. The following is an estimated schedule based upon a Federal Authorization approval date of August 20: ➢ Federal Authorization to Advertise August 20, 1999 ➢ Project Bid Opening September 22, 7 999 ➢ Award Construction Contract October 4, 1999 ➢ Execution of Contract October 14, 1999 ➢ Approval of Contract Bonding & Insurance October 21, 1999 ➢ Pre-construction Conference October 18, 1999 ➢ Notice to Proceed October25, 7999 ➢ End Construction January 7, 2000* ➢ Notice of Completion February 7, 2000 Should federal authorization be delayed, a revised schedule will be forwarded for your review. 2. CASH CONTRACT 1110, COUNTY/CITY PARTNERSHIP ENGINEER'S ESTIMATE$705 280 ■ WARNER AVENUE, NEWLAND ST. TO MAGNOLIA ST. ■ BROOKHURST STREET, ADAMS AVE. TO 900 FEET SOUTH OF ADAMS AVE. Cash Contract 1 1 10 does not include federal funding and therefore was advertised shortly after Council authorization. On Tuesday, August 3, staff publicly opened five sealed bids. Staff is coordinating the cost sharing with the City of Fountain Valley for Imo I Arterial Highway Status Report � V - Arterial Rehabilitation Project Status Page 2 of 2 August 6, 1999 their portion of rehabilitation improvement along Warner Avenue. The following schedule is based upon a Council Contract Award date of September 7: Z Award Construction Contract September 7, 1999 Z Execution of Contract September 17, 1999 Z . Approval of Contract Bonding & Insurance September 24, 1999 , Z Pre-construction Conference September 30, 1999 Z Notice to Proceed October 6, 1999 End Construction December 10, 1999' Z Notice of Completion January 3, 2000 Although the Warner Avenue portion of work adjacent to and within the City of Fountain Valley will undergo a complete removal and reconstruction, rehabilitation work is typically completed in a very timely manner. Generally, experienced road contractors will complete the work well in advance of the contract completion date as a matter of practice. It should also be understood that no work will be allowed during the holiday season. RFB/DSS:sar Doc. #35769 Arterial Highway Rehabilitation Master Plan -- City of Huniungton Beach -- August, 1999 W E S 6 0 0.5 1 Mlles 0 3000 5000 Feet Public Works Department Engineering Division Surf city GIS August,1999 Priority Street Limits Funding Source Material Report %Comp. Estimated Cost Begin Cortstr. End Constr. 1• Warner Beach to Newland $1,000,000 G.F. Complete 100% $ 320,070.00 8/99 11199 2' Heil Saybrook to Boise Chica $1,000,000-M- Complete 100% $ 467,669.00 8/99 11199 3' Heil Graham to Springdale $783,000 OCTA Complete 100% $ 300,256.00 8199 11199 4- Heil Beach to Newland Complete 100% $ 153,290.00 8199 11199 5 Warner NevAand to Magnolia Complete 100% $ 441,879.00 8199 11199 6 Brookhurst Adams to 900's/o Adams Complete 100% $ 338,680.00 8199 11/99 9' Edinger Golderlwest to Gothard Complete 100% $ 263,555.00 8/99 11/99 • 50%OCfA/AHRP Grant NOTE: he next found of OCfA/AHRP Grants Call for Projects will be sent m Spring 2000. Contract 1 hat could eliminate the unfunded list and/or accelerate the progam � SECTION A NOTICE INVITING SEALED BIDS for the ARTERIAL HIGHWAY REHABILITATION CASH CONTRACT No. 1109 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS IIEREBY GIVEN that the CITY OF IiUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on September 22, 1999. Bids will be publicly open in the Council CYambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up,or payment of a$25.00 nonrefundable fee if mailed. This is a Davis-Bacon projects and the Federal Regulations %%ill be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration Ieading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-t The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, The 21st day of June 1999. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH �TRANSMISSIUI VERIFICATION PEPOR ti s TIME : 08/19/1999 10:30 DATE,TIME 08/19 10:29 FAX NO./NAME 919496465009 DURATION 00:00:48 PAGE(S) 03 RESULT OK MODE STANDARD ECM . ' FAX FROM: CONNIE BROCKWAY, CITY CLERK Alt CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH �5-- P O Box 19012000 Main Street Huntington Beach, CA 92648 H UNTINGTON BEACH (714) 536-5227 (714) 374-1557 FAX Fax #: 949+646-5008 Date: y 9� Number of Pages (including cover page): By: eputy City Clerk To: NTERNET ADDRESS: H.B. Independent p:1lwyAy.ci.huntinaton-beach.ca.us Mike (Legals) OR htt�.11wvvu.hbsur#city.comlcle rk Phone: 949+574-4251 " Remarks: Urgent For our review Reply ASAP Please comment Per your request o I �ro=mslx ;Mar/win e - PW"6 6 Beat-61 - PWd CITY OF HUNTINGTON BEACH MEETING DATE: 6/21199 DEPARTMENT ID NUMBER:PW 99-044 Council/Agency Meeting Held: 600- 6 o ;Aprproved,,_ ff red/Continued to: Conditionally Approved ❑ Denied P Cr0liirk's Signature Council Meeting Date: 6/21/99 Department ID Number: PW 99-044 ar` 6`np,L In CITY OF HUNTINGTON BEACH 0 —1110 REQUEST FOR COUNCIL ACTION :a SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERSCZ r'A M. SUBMITTED BY: RAY SILVER, City AdministratorQ42 ,7<�i PREPARED B ROB ERT F. BEARDSLEY, Director of Public Work SUBJECT: UTI IORIZATION TO ADVERTISE FOR THE IA��Hl§-IWAY EHABILITATION PROGRAM PROJECTS; 1109 CC 1110 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Plans and specifications are now complete for the Arterial Highway Rehabilitation Projects, CC-1109 & CC-1110. Should the City approve the plans and specifications and solicit public bids for construction? Funding Source: A combination of City General Fund, Orange County Measure M "Tumback and Arterial Highway Rehabilitation Program (AHRP) Grant shall be used to fund these projects. The following breakdown identifies the allocation of funding: City General Fund: $1,000.000 Measure M "Tumback": $1,000,000 Federa!AHRP Grant $783,000 Total Project Funding: $2,783,000 Recommended Action: Motion to: 1. Approve plans, specifications, and authorize the Director of Public Works to solicit bids for the Arterial Highway Rehabilitation Projects, CC 1109 & CC 1110, contingent upon Caltrans approval of the plans, specifications and estimate for CC 1109; and 2. Approve the attached sample contracts subject to award of contracts to the lowest responsible/responsive bidder(s). V Alternative Action(s): Deny approval of the Arterial Highway Rehabilitation Projects and forego the rehabilitation projects. Analysis: The project construction budget less design consultant fees and County material laboratory costs is as follows: Project Funding: $2,783,000 Design consultant fees: ($135,000) County material laboratory costs: 144 000 Project Construction Budget: $2,504,000 The design consultant fees and County material laboratory costs totaling $279,000 have already been paid from the total project funding for these projects. These projects involve the roadway rehabilitation of the following arterial streets: Cash Contract 1109 — Federal/City Partnership 1. Warner Avenue from Beach Boulevard to Newland Street 2. Heil Avenue from Saybrook Lane to Boisa Chica Street 3. Heil Avenue from Graham Street to Springdale Street 4. Heil Avenue from Beach Boulevard to Newland Street 5. Edinger Avenue from Golden West Street to Gothard Street. Engineer's Estimate: $1,498,795 Cash Contract'I I10—County/City Partnership 1. Warner Avenue from Newland Street to Magnolia Street 2. Brookhurst Street from Adams Avenue to 900 feet south of Adams Avenue Engineer's Estimate: $705.280 Combined Engineer's Estimate: $2,204,075 Estimated Construction Contingency. $204,000 Estimated Supplemental Expenditures: $95,925 Estimated Total Construction Cost $2,504,000 The rehabilitation of the roadways generally includes pavement crack sealing, grinding, selective pavement reconstruction, pavement membrane reinforcement and asphalt overlay. The project also includes placing new signing/striping, new traffic detection loops, and the adjustment of existing water valves and sewer manholes. Pavement rehabilitation work, of this nature, will increase life of the arterial street 10 to 20 years. On April 19, 1999 during the Council Study Session, staff presented Council with the Arterial Highway Rehabilitation Plan. This plan identified the top ten priority projects to be funded with the combined funding source of General Fund, Measure M and AHRP Grant. Subsequently, the consultant preparing the plans, specifications and cost estimates have 1109&1110IPS&EIRCA - 06/11199 8:35 Ah1 refined the projects and in particular the cost estimates. As a result, only the top 7 projects will be covered by this combined source of funds. The bid results and recommended contract award will be presented to the Public Works Commission at their regularly scheduled meeting of July 21, 1999 for approval and recommendation to City Council. Environmental Status: These projects are Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachment(s): Cit�Clerk's Pigd Numberl No Descriptio n 1, Location Maps 2. Sample contracts RCA Author: DSS:EC 1109&1I I O/PS&EIRCA -- 06/11199 8:35 AM � v ATTACHMENT 1 PROJECT: AHRP rem"'. , ir AVE. �`wC Me FADDEN AVE. v 1 DANCER sl AVE. K g _ram_ HEI _ AYE. k bVkJ p Ql v WARNER AYE. SLA'ER N AVE. 4 405 IALSERt AVE. t S V �~ ELLS ¢ AVE. CARFEL �.I AVE- V. YORKTOWy A\E. #I i �O ` � ADAMS AYE Y Jc IND HAPOLI AVE �h A%ANTA ROE. 3 O PROJECT LOCATIONS A� FIAMR, 4 AVE C A.`14oNC AVF T IrN CITY of I-N,TINGTON Ew6zx I DEPART LOCATION MAP CC--1109 D�� MpiVT O? PUBIC WO?KS C:\ACA3\CC 1109\1 1'.9 LV.b'-%G PROJECT: AHRP p° S UMSA AVE C AYE-uc FADDEN 2 EDINCER ? AVE. tA � = ram• 9 z AVE.'+ WARNER 3 AVE. ' j � SUTER N AVE. A � � 405 r TALBERT AYE. ELLTS JAW CARrIEL I11QKaowy AV-. #- ( � A_70.V5 AVE OW NADOLJ AVE. I n �y K I oy ATLANTA AYE. y z z PROJECT LOCATIONS A� KAMIT V AVE Ty y'r Iwy s llr~tiff '' sal"f}Ij CITY OF 1=UNTINGTCNPUBWC B=ACIs LOCATION MAP CC-1110 CM�AZTMa11T OP PLJBUC: W6~2�CS C:\ACAD\CC 11 1 a\11 1 a LAV 1.0'h'C v v TAC M NT 2 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND . FOR ARTERIAL HIGHWAY REHABILITATION PROJECT: WARNER AVENUE (BEACH TO NEWLAND), HEIL AVENUE (SAYBROOK TO SPRINGDALE). HEIL AVENUE (GRAHAM,TO SPRINGDALE) HEIL AVENUE (BEACH TO NEWLAND)AND EDINGER AVENUE (GOLDENWEST TO GOTHARD) (CC1109) THIS AGREEMENT is made and entered Into on this day of 1999, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of Califomia, hereinafter referred to as "CITY," and . a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as Arterial Highway Rehabilitation Project: Warner Avenue (Beach to Newland), Heil Avenue (Saybrook to Springdale) Heil Avenue (Graham to Springdale) Heil Avenue (Beach to Newland)and Edinger Avenue (Goldenwest to Gothard) 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 1 agmW cl109/051IV99 SAMPLE prosecution of work, and for all other risks of any descriptions 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 of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are Incorporated into this Agreement by this reference,with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents Insofar as they relate In part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents"as defined herein mean and Include: A. This Agreement; B. Bonds covering the work herein agreed upon; 2 &VCe1Ct 11091051U199 SAMPLE C. The 1997 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 ad Jenda, the matter shall be immediately submitted by CONTRACTOR to the Department of public Works of CITY (hereinafter referred to as"DPW"),without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which Is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement,subject to any additions or deductions made under the provisions of tl•.is Agreement or the contract documents, a sum not to exceed Dollars (, _ )as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 3 agmdcc!109/05/12,99 SAMPLE 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (90)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within t � calendar days from the execution of this Agreement by CITY, excluding delays provided for 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 Its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and In accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work Is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on 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 4 :gmc/ccllo9/ONI '99 SANIPLE condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR 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 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 the 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. a. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent(100%) of the contract price to warrant such performance for a period of one (1)year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 5 agr—.Jcc1109105/12/99 SAMPLE 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 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 Califomia Govemment Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW, The CITY has ascertained from the Director of Industrial Relations of the State of Califomia 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 Califomia Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the Califomia Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW- PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the Califomia Labor Code, CONTRACTOR shall,as penalty to CITY, forfeit twenty-five dollars (S25)for each calendar day or portion thereof for each worker paid (either by CONTRACTOR 6 .gmd«l 109105111,99 SAMPLE or any of its subcontractors)less than the prevailing wage rate established for that particular craft or type of work. - 13. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. • 14. EMPLOYMENT OF APPRENTICES Section 1777.5 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this p. 15. PAYROLL. RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked ea--h 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, and 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 Califomia Labor Code Section 1776, In general. 16. 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. 7 :V%-jCC1109/05/1 99 SAMPLE 17. LIQUIDATED DAMAGESlDELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days asset forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; It Is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($___] per day for each and every working day's delay In completing the work in excess of the number of workinglcalendar 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 c would sustain in the event of an by reasons 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 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. 8 tgreeccl 109/05112/99 SAMPLE Should CONTRACTOR be delayed In the prosecution or completion of the work by the act. neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in 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 beer'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 claim 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. 18. 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 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 to 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. 9 .ges'ccI109105112n9 SAMPLE. 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 bxtended by CITY. 19. 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 fact 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 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. 20. 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. 10 SSM21cc I I09/05/I V99 S A1tiI PLE 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 payment of each month up to one hundred percent(100%)of the value of the work completed since the commencement of the PROJECT,as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn In the manner required by law, each payment to be accompanied by a certificate signed by 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. 21. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR,who shall retain beneficial ovmership and receive Interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 22. 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items In 11 agmlcc 1 1 0 910 511 2M SAMPLE connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 23. 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. 24. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses,judgments, costs and demands, however caused, Including those resulting from death or Injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused In whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 25. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia 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 workers'compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each 12 :gedce11o910S112/99 SAMPLE occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors'employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers'compensation • insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 26. INSURANCE In addition to the workers'compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage In not less than the following amount: combined single limit bodily Injury and property damage, including productslcompleted operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its officers, and employees as Additional insureds, and shall specifically provide that any other Insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. 27. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 13 .yceccI109105/12 4 SAMPLE 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement Is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its Intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may,without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 14 arecd s 091OS1IV99 SAMPLE 29. DISPOSITION OF PLAN, 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. . ' 30. 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. 31. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest In this Agreement in violation of California Govemment Code Sections 1090 et seq. 32. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100)for every Stop notice filed in excess of two, regardless of whether or not CITY Is named In an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 15 MFWCCI1091051I J99 SAMPLE 33. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by • such party. 34. CAPTIONS Captions of the section 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. 35. 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. Several contract provisions embodied herein 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. 36. 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 (40 USC section 176a, of seq.)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. 16 rgredcc 1109:03117J99 SAMPLE 37. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its 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 jots opportunities occur and utilize local business firms when possible. 38. 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 (29 USC Section 701, et seq.) 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 (33 USC Section 219 et seq.)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 ensure compliance with these requirements, the CONTRACTOR shall provide the C 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. 17 agcalct 1109/03/1 n9 SAMPLE 39. COPELAND"ANTI-KICKBACK"ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback"Act(18 USC Section 874),as supplemented in Department of Labor regulations,which Act provides that each shall be prohibited from including, by any means, any person employed in the constructiori, completion. or repair of public work, to give up any Part of the comperisation to which he is otherwise entitled. 40. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and,107 of the contract Work Hours and Safety Standards Act(40 USC 327 et seq.)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 1-112 times the basic rate of pay for all hours worked in excess of eight(8)hours in any calendar day or forty(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 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. 41. 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 18 sgrcdccI 109/05117J99 SAMPLE States Environmental protection Agency(EPA) List of Violating Facilities, pursuant to 40 CFR 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) thorough (d)of this section in every nonexempt subcontract, and further agrees to take such action as the Govemment may direct as a means of enforcing such requirements. 42. 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(42 USC Section 6201, of seq.). 43. 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. 44. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside 19 sV%-0«1109t05/12M SAMPLE i the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney Is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 45. ATTORNEYS FEES In the event suit Is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof,each party shall bear its own attorney's fees. 46. ENTIRETY The 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 offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH. a municipal corporation of the State of California B . print name ITS: (circle one)ChairmanlPresidentiice President Mayor AND ATTEST: BY print name City Clerk ITS: (circle one)Secretary/Chief Financial ofticer/Asst.Secretary-Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: City Attorney INITIATED AND APPROVED: City Administrator Director of Public Works 20 :vV 'cct I09105rt u99 SAAIPLE SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND .FOR ARTERIAL HIGHWAY REHABILITATION PROJECT:WARNER AVENUE (BEACH TO NEWLAND).HEIL AVENUE(SAYBROOK TO SPRINGDALE).HEIL AVENUE(GRA 41 TO SPRINGDALE)HEIL AVENUE(BEACH TO)NEWLAND)AND EDINGER AVENUE(GOLDENWEST TO GOTHARD) TABLE OF CONTENTS Page No 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6 13. PAYMENT OF TRAVEL 7 14. EMPLOYMENT APPRENTICES 7 15. PAYROLL RECORDS 8 16. INDEPENDENT CONTRACTOR 8 17. LIQUIDATED DANIAGESlDELAYS 8 18. DIFFERING SITE CONDITIONS 10 19. VARIATIONS IN ESTIMATED QUANTITIES 10 20. PROGRESS PAYMENTS 11 21. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 12 22. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 23. WAIVER OF CLAIMS 12 24. INDEMNIFICATION,DEFENSE.HOLD HARMLESS 12 25. WORKERS COMPENSATION INSURANCE 13 26. INSURANCE 13 27. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 28. DEFAULT&TERMINATION 15 29. DISPOSITION OF PLANS. ESTIMATES AND OTHER 15 30. NOWASSIGNABILITY 16 31. CITY EMPLOYEES AND OFFICIALS 16 32. STOP NOTICES 16 33. NOTICES 16 34. CAPTIONS 16 35. FEDERAL PARTICIPATION 17 36. DAVIS-BACON ACT 17 37. DISCRIMINATION 17 38. EQUAL EMPLOYMENT OPPORTUNITY 17 39. COPELAND ACT 18 40. CONTRACT WORK HOURS 18 41. CLEAN AIR ACT 19 42. ENERGY CONSERVATION 20 43. HOUSING AND URBAN DEVELOPMENT 20 44. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 45. ATTORNEY FEES 20 46. ENTIRETY 21 aM. ccI1 09/0 511 2199 S"IPLE SAMPLE CITY-FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR ARTERIAL HIGHWAY REHABILITATION PROJECT: WARNER AVENUE (NEWLAND TO MAGNOLIA), BROOKHURST STREET(ADAhiS TO 900 FEET SOUTH),EDINGER AVENUE (GOTHARD TO BEACH), EDINGER AVENUE (BEACH TO NEWLAND)AND SPRINGDALE STREET(MCFADDEN TO BOLSA)(CC1110) THIS AGREEMENT, made and entered into this day of 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as"CITY." and . a Califomia corporatign, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as the"PROJECT,"more fully described as Arterial Highway Rehabilitation Project: Warner Avenue (Newland to Magnolia), Brookhurst Street(Adams to 900 feet south)Edinger Avenue (Gothard to Beach), Edinger Avenue (Beach to Newland)and Springdale Street(McFadden to Bolsa) (CC 1110) In the City of Huntington Beach;and CONTRACTOR has been selected to perform said services, NOW,THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish. at its own expense. all labor, plans,tools, equipment, supplies,transportation, utilities and all other items,services and facilities necessary to complete and construct the PROJECT In a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance,from the action of the elements,from any unforeseen difficulties which may arise or be encountered In the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of q:agTett MVC0n3tWCn5►1z,99 I SAMPLE work, except such as are herein expressly stipulated to be bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner sho%%n and described In this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as 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. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY,and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction. published by Builders'News, Inc., 3055 Overland Avenue, Los Angeles, CA g-ag-eelfomilcons!uc105112W 2 SAMPLE 90034, and all amendments thereto,written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associatdd General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated In the Plans or indicated In the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions,or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as"DPW"),without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is In conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars as set forth In the Contract Documents,to be pa'd as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10)working days after a Notice to Proceed is issued and shall diligently prosecute the PROJECT to completion g:agreelformlconstrucJ05l12M 3 SAMPLE within working days from the day the"Notice to Proceed"is issued by DPW. excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time Is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and Incidental to the prosecution of its work In conformance with the progress schedule set forth In the Contract Documents. CONTRACTOR sha'I coordinate Its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and In accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized In writing by DPW. CONTRACTOR agrees to make any and all changes,famish materials and perform all work necessary within the scope of the PROJECT as DPW may require In writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW,and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree g:a9reelfomVconstrucM511 M13 4 SAMPLE 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 change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work. services, material,or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, fumish the following three bonds approved by the City Attorney: one in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1)year after CITY's acceptance thereof;and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials famished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or y:agree1fomVr,onstrud0&12*9 5 SAMPLE Items. Upon expiration of such ten- (10)day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR Is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder Is not In all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY,as liquidated damages and not as a penalty,the sum of Dollars per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein,which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and farther 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 fl2g-ee/fomVconstmc/05112n9 6 SAMPLE 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 DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days 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 fumishing of materials by CITY or delays by other contractors or subcontractors,will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or g=reelfomVoonstrur 05J1V99 7 SAMPLE (b) Unknown physical conditions at the Job site, of an unusual nature, differing materially from.those ordinarily encountered and generally recognized as inherent to Work of the character to be performed under this Agreement. DPW shall promptly Investigate the conditions and if it finds that such conditions do materially so differ and cause an Increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified In writing accordingly, (2) Time Extension: No claim of CONTRACTOR under this Section stall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule Will not govem final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract Items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed In the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may,at its sale discretion,when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment In price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as In its judgment the findings warrant. 9:8greencrrNcon$L,ud05112W 8 SAMPLE 14. PROGRESS PAYMENTS Each month DPW will make an estimate In writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent(10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW,faithfully executed fifty percent(50%)or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent(100%)of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35)days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW,affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated In the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure per,`ormance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed. g:agreelfomVoonsbvd05112199 9 SAMPLE all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims,or Items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR,caused in whole or In part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, Including but not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia 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. Q:agreelform1conshucf05l12M9 10 SAMPLE CONTRACTOR shall maintain workers'compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee,Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require ail subcontractors to provide such workers' compensation insurance for all of the subcontractors'employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers'compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers'compensation insurance and CONTRACTOR's covenant to Indemnify CITY, CONTRACTOR shall obtain and furnish to CITY,a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees,while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage In not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage Is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than$1,000,000 for this PROJECT. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's Insurance shall be primary. 21. CERTIFICATES OF INSURANCE;ADDITIONAL_ INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall fum;sh to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: Q:agree/formkonstrudOSM V99 I I SAMPLE 1. provide the name and policy number of each carrier and policy', 2. shall state that the policy is currently in force; and ' 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages In force until the work under this Agreement Is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's Insurance policies,naming CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents. CITY may give notice In writing of Its intention to terminate this Agreement. Unless the violation is cured within ten (10)days after such Notice of Intention has been served on CONTRACTOR, CITY may,without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. g:agree1fomUconsxuc105112A 9 12 SAMPLE 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, cr upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or 2ny similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100)for every Stop Notice filed In excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be Q:2gree1fdmVdonstwC10 /i7.l99 13 SAMPLE made,at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall In no way be held to explain, modify, amplify or aid In the interpretation,construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services,and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309.the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attomey's fees. REST OF PAGE NOT USED Q:asreeJformlconstrucJ0511 M9 14 SAMPLE 0.0 32. ENTIRETY The foregoing, and Exhibit"A":attached hereto,set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, morith and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California SY print name ITS: (circle one)Chairman/PresidentMce President Mayor AND ATTEST: 13Y print name City Clerk ITS: (circle one)Secretary/O ief Financial APPROVED AS TO FORM: Of+cer/Asst Secretary-Treasurer City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED:T ATED ! City Administrator Director of Public Works q:agree formleonstrud05112199 15 SAMPLE SAMPLE CITY-FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR ARTERIAL'HIGHWAY REHABILITATION PROJECT: WARNER AVENUE (NEWLAND TO MAGNOLIA), BROOKHURST STREET(ADAMS TO 900 FEET SOUTH), EDINGER AVENUE (GOTHARD TO BEACH), EDINGER AVENUE (BEACH TO NEWLAND)AND SPRINGDALE STREET(MCFADDEN TO BOLSA) TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 S. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGESIDELAYS 6 12. DIFFERING SITE CONDITIONS 7 13-- - VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 IS. INDEMNIFICATION, DEFENSE. HOLD HARMLESS 10 19. WORKERS'COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 12 22. DEFAULT&TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ENTIRETY 16 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZATION TO ADVERTISE FOR THE ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS; CC 1109 & CC 1110 COUNCIL MEETING DATE: June 21, 1999 RCA ATTACHMENTS STATUS Ordinance (vilexhibits & legislative draft if applicable) Not Applicable Resolution (%v/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in fufi by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR , RDED Administrative Staff { ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)I (Below Space For City Clerk's Use RCA Author. CHARLONNE