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R. and L. SEWERS, INC - 1984-03-19
CC 621 CITY PONDRD PUBLIC MORES CONTRACT . BXT.WXSN TR1r CITY 'OP XUXTINQTOII 5BACR AND R i L+ SEWERS L INC. , ..rri�r.��a� ■ r.r FOR CONSTRUCTION O! BRWNA MAIN THIS AGREEMENT, made and entered into on this day of , 19-�, by and between the CITY OF HrJNT*NGTON BEACH , a municipal corporation of the :: `ate of California, hereinafter referred to as 'CITY, ' and R 6 L SEWERS, INC. , a California corporation , hereinafter referred to as 'CONTRACTOR. " WHEREAS , CITY has solicited bids for a public works project thereinafter referred to as PROJECT ) more fully described as the construction of an 8--inch sewer force main plus one manhole and the modificac �on of pipes in an existing vault-all work within Algonquin Street , CC--621 , and WHEREAS , CONTRACTOR has been selected and is to perform said work , NOWg THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged , the parties covenant and agree as follows : 1. STATEMENT OF WORK , A,CCEPTANCE OF RISK CONTRACTOR shall furnish , at his own expense, all labor , plant , tools , equipment supplies , transportation , utilities and all other items and facilities necessary to complete and constr•:ct , in A good and workmanlike manner , PROJECT. CONTRACTOR agrees to furnish all said services and matetial contemplated and embraced in this agreement ; and asause all loan and d mage arising out of the nature of the aforesaid work during ita progress or prior to acceptanc,: from the action of the 1 . 0lesents , and from any foreseen or unforeseen difficulties which slay &rise or be encountared in the prosecution of work and for all other risks of any description connected with the works and to pay ; all expenses incurred by or in consequence of the suspension or discontinuance of work , except such as are expressly stipulated to be borne by C:TY . 2. ACCEPTANCE OF CONDITIONS OF WORK. SPECIFICATIONS w CONTRACTOR acknowledges that he is fully familiar with all the terms , conditions and obligations of 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 he enters into this contract based upon his investigation of all such matters and is in no way relying upon any opinione o: representations of CITY . It is further agreed 'chat the Contract Documents are incorporated in this contract 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 , will be and are bound by any and all of said Contract Documents insaf-ir as they relate in part or in any way , directly or indirectly , to the work covered by this contract . `Contract Documenta " as defined he.rsin ,Wean and includes A. This contract agreem*ntl H. Bonds for the work covered by this contracts Co The CITY ' s standard plans and specification , and special contractual provisions , including those on file in the 2 . I office of the.• Director of Public Works of CITY and adopted by the City Council of CITY and any revisions, amendments or addenda thereto, the 1982 edition of Standard, Specifications for Public Works Construction, published by Auilder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendmen•,s theijta, 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 doc-iments including the Notice Jnviting Bids , the Special Instructions to Bidders and the Contractor 's Proposal ; E. The project plans, specifications, special provisions and addenda applicable to t7ae PROJECT. Anything mentioned in the Spacifications 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 d3Epute or inconsistency between any plan or specification, the matter shall be immediately submitted to the Department of Public Works of CITY, „eireinafter referred to as "DPW. " without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at his own risk and expens_. Should there be any conflict between the terms of this agreement and the bid or proposa:. 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. 3 . COMMENCEMENT OF PROTECT CONTRACTOR agrees to commence the project within ten ( 10 ) working days after notice to proceed is issued and shall diligently prosecute it to the completion within thirty-five ( 35 ) calendar days from the execution of this contract by CITY , excluding delays provided for in Section 10 herein . 4 , TIME OF THE ESSENCE Time is of the essence on this contract . CONTRACTOR shall prepare and obtain approval as required by the Contract Docum^nts for all shop drawings , details , samples , and do all other things necessary and incidental to the prosecution of his work in conformance with the said progress schedule . He shall coordinate the w )rk covered ty this contract with that of all other contractors , subcontractors and of the CITY , in a manner that will facilitate the efficient completion of the project and in accordance with Section 3 herein . CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which thb various porftions of the work shall be installed or the priority of the work of other subcontractors and , in general , all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises . 5 . CHANGES CONTRACTOP.. hereby agrees to make any and all changes , furnish materials and perform work as directed in writing, by the DPW when such changes are within the scope of work of this agreement . Otherw:sz , CONTRACTOR wall jkdhere strictly to the Plans and specifications , Under no condition shall CONTRACTOR make 4 . any changes , either in additions or deductions , without a written order from the DPW. CITY will not pay any extra charges made by CONTRACTOR unless such charges have been agreed upon in writing by the DPW. When directed to change the work , CONTRACTOR shall submit iamediately to the DPW a written cost proposal in reflecting the effect of the change. Should the DPW not agree to such cost proposal , any disputed work shall be performed as ordered in writing by the DPW ind the cost ,, thereof , shall be negotiated by the parties upon cost and pricing date submitted by the CONTRACTOR. CITY will promptly issue a change order to CONTRACTOR and th± contract price will be adjusted upward or downward accordingly . 6 . NOTICE TO PROCEED No iiork, services , material , or equipment shall be performed or furnished under this agreement unless and until a notice to proceed has been given to the CONTRACTOP by CITY. CITY does not warrant that the Work site will i.e available on the date the Notice to Proceed is issued . In event of a delay in commencement due to such unavailability , relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such availability . 7 . BONDS CONTRACTOR shall , prior to entering upoc, the performance of this contract , furnish the following bonds approved by the City Attorney : one in the amount of one hundred percent ( 100% ) of the co:trar,t price to guarantee the CONT?RACTOR ' s faithful performance of the ,cork and to war ant such performance for a reriod of one ( 1 ) year after CITY Is acceptance thereof , and one in the amount of fifty percent ( 501 ) of the contract price to guarantee payment of 4k11 claims for labor and materials furnished . 8 . WARRANTIES CONTRACTOR unconditionally guarantees all work done under this agreement including , but not limited to , any worknAaship, it,stallation , 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. 9 . INDEPENDENT CONTRACTOR It is further understood and agreed that the CONTRACTOR is , and shall be , acting at all times as an independent contactor herein , and not as an employee of CITY. CONTRACTOR shall sL.cure , 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 services to be performed hereunder . 10 . L_ IMT DATED DAMAGES It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed within the nusbs�r of calendar days as set i. forth iu paragraph 3 herein, damage will be sustained by CI4Y1 and that it is , and will be , impractical and extramely difficult to ascertain and Cetermine the actual damage which CITY will sustain in the event of and by reason of , such delays and it ia , therefore, egreed that CONTRACTOR will pay to CITY the sum of one hundred dollars ( ;100 ) per day for eac'i and every working day ' s delay in finishing the cork in excess cf the number of working days prescribed : and CONTRACTOR agrees to pal said damages herein provided for. , and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will ::e granted an extension of time and will not be assessed with 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 and 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 tine prior to the date of final uattlement of the contract ) , 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 findir.a_s of fact thereon justify the delay and ito decisinn is eonclus1ve on the parties hereto . 7 . A'� Should CONTRACTOR be delayed in the prosecution or cnapletion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials, if said materials are required by this contract to be furnished by CITY, or by damage cauav,d by fire or other zasualty for which CONTRACTOR is not responsible, or by the combined action of the workmen, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended 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 st•ch delay. No #:laims for additional compensation or damages for doilrys , irrespective of the cause Lhereof and including without limitation, the furnishing of material by CITY, or delays by other contractors , subcontractors of CITY will be allowed and said extension of time for the completion shall be the sole remedy of CONTRA(,fOR. 11 . DIFFERIMG SITE CONDITIONS (1 ) Notice The contractor shall promptly, and before suci: conditions are distuebed, notify the DPW in writing of subsurface or lainnt physical conditions at the site differing materially from these indicated in this agreement ; or (b) unknown physical conditions at the site of an unusual nature differing materially from those ordinarily 8. r wncountered aind . ger.erally recognized as inherent in work. of the character. providad for in this agreement . The DPW shall promptly irrveetiyate the -onditionss and if it finds that such conditions do materiaily 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 rxtenaion No claim of the contractor under this clause shall be allowed uriless the contractor has given the notice required in this clause; provided, however # the time prescribed therefor may :.e extended by CITY . 12 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this contract, subject to Any additions or deductions as provided in the Contract Documents , the sum of forty-seven Lhouzand , five handred dollars ($47, 500 . 00 ) , as set forth in the Contract Documents and provided . for in paragraph 2 herein . 13 . PROGRESS PAYMENTS Bach month, the DPW will make an estimate in writing of the work patformed 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. If CONTRACTOR has , in the judgment of the DPW, f";thfully 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 nueh sum as will briny the payments of each r..onth up to one hundred percent ( 1001 ) of the value of the work completed since the commencement of the work , as determined by DPW, less all previous payments and less all prcv;ous retained amounts . The final payment , if unencu-ibered ur 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 ehall be made on demands drawa in the mannar required by law, accompanied by a certificate signed by the DPW, stating that the work for which payment is demanded has been performed in accordance with the terms of the contract , and that the amount stated in ti,e ce. tificaia is due under the terms of the contract . Partial payments on the contract price shall not be considered as an acceptance of any part of the work . 14 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the wort contemplated by this contract , CONTRACTOR shall file with the DPW its affidavit stating that all workmen and persons employed , all firms supplying materials , and a? l subcontractors upon PROJECT have been paid in full , and that there are no claims outstanding against PROJECT for either labor or material , except certain items , if any , to be set forth in an affidavit covering disputed claims , or items in 10 . +ti connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 15. WAIVER Or CI,AIME The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CI`xY under or rzising out of this contract . l6s INDEMNIFICATION , HOLD HARMLRSS ,r DEFENSE CONTRACTOR agrees to protect , defend , indpmni � y and hold and save harml6as CITY , its officers , agents and employees against any and all liability , claims , judgments , costs and demands including death or injury to CONTRACTOR ' s employ*Ps , and davigP to propirty, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by CITY , save and except those which arise out of the sole negligence or willful misconduct of CITv . CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requested by CITY , and any costs of defense or attorney ' s fees incurred by CITY in enforcing ;:his obligation Will be reimbursed to CITY or may be awarded to CITY by a court of nvmpetent jurisdiction . 17 . WORKERS ' COMPENSATION CONTRACTOR acknowledges and undertakes its duty under the provistions of Section 3700 et seq . of the Labor Code to insure against .liability for workers ' compensation and covenants to comply with such provisions prior to commencing the performar+ce of the work hereunder . za . CONTRACTOR shall maintain workers ' compensation insurance and otherwise comply with all of the provisions of the Workers ' Compensation and Safety Acts of the State of California , the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto , and all similar State or Federal acts or laws applicable and shall furnish to CITY a certificate of workers ' compensation insurance evidencing :such compliance. The insurer shall furnish to CITY a certificate of workers ' compensation insurance . The provider of insurance shall not cancel or modify any such policy so provided without thirty ( 3n ) days prior written notice to CITY . CONTRACTOR shall further require all subcontractors to similarly provide such workers ' compensation insurance for all c.f the subcontractors ' employees . CONTRACTOR shall furnish a certificate of waiver of subrogation under the terms of the workers ' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation . CONTRACTOR ' s workers ' compensation insurance shall be in forms and underwritten by insurance companies satisfactory to CITY. Said insurance shall remain in force until the work under this contract is fu11y completed and accepted by CITY . Said insurance shall not derogate from the provisions for indeT,nification of CITY by CONTRACTOR under section 16 of this contract . CONTRACTOR shall , notwithstanding nor diminishing the foregoing obligations , subscribe for eknd maintain in full force and effect during the lafe of this contract a workers ' compensation Ix . liability policy in accordance with the Workers ' Compensation Act of the State of California of not less than one hundred thousand dollars ( $100, 000 ) . 18 . INSURANCE CONTRACTOR shall at all times carry on all operations hereunder , bodily injury and property damage liability insurance including automotive bodily injury and property damage liability insurance, in forms and underwritten by insurance companies satisfactory to CITY for all operations , subcontract work , contractual obligations , product or completed operatinne all owned vehicles and non-owned vehicles . Said insurance coverage obtained by the CONTRACTOR shall name the CITY , its officers , agents and employees and all pl•blic agencies as determined by the city as additional insureds on said policies . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same . Before CONTRACTOR performs any work at , or prepares or delivers materials to the site of construction , CONTRACTOR shall furnish to CITY certificates of innurancf� subject to approval of the City Attorney evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be cancelled without thirty ( 30 ) days written notice to CITY . . r� CONTRACTOR shell maintain all of the foregoing insurance coverages in force until the work under this contract is fully completed and accepted by CITY . 13 . The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CI'I'�' by CONTRACTOR under section 16 of this contract. Notwithstanding or diminishing the obligations of CONTRACTOR with respect to the foregoing* CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this contract the following insurance amounts of not less than one million dollars ($1, 000, 000) . r combined single limit coverage for Items A and B. A. Bodily Injury Liability and Automotive Bodily Injury Liability ( including non-ovrnership and hired cars ) B. Property Damage Liability and Automotive Property Damage Liability The City Attorney shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay the premiums on all insurance hereinabove required . 19. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work 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 the Contract Documents , CITY may give notice in writing of its intention to terminate the contract. Unless the violation is cured within ten (10) days after Said Notice of Intention has been served on CONTRACTOR, CITY may terminate this agreement upon the expiration of thit time. 14. 1 20 . DISPOSITION OF PLANS , ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon earlier termination of this agreement , all original drawings , reports, calculations , maps and other documents pertaining to said contract shall be delivered to CITY and become its sole property at no further cost . 21 . DISSATISFACTION WITH PERFORMANCE In the event that CITY is diusatisfied with performance of CONTRACTOR and the procedures for termination set forth in Section, 19 are followed , CITY may elect to assume complete control over PROJECT. 22 , NON-ASSIGNABILITY No assignment or delegation b7 the CONTRACTOR of this contract or any part hereof or of funds to be received hereunder , will be recognized by CITY unless such assignment or delegation has prior written approval or censent of CITY and the surety . 23 . ATTORNEY ' .S FEES If any action at law or in equity is necessary to enforce or interpret the terms of this agreement , the prevailing party shall be entitled to reasonable attcrney ' s fees , casts and necessary disbursements in addition to any other relief to which he may be entitled . If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses , CITY shall be entitled to reasonable Pdministrative and attorney ' s fees, costs and necessary 1� . t arising out of the processing of Stop Notices or Notices to Withhold or any similar legal document arising out of the performance of this agreement. Said obligation shall be provider for in the labor and materials payment bond required of CONTRACTOR. In addition to the foregoing, CITY may charge an administrative fee of $100 for every stop-notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this agreement. 25. EXTRA C014PENSATION CONTRACTOR may submit to CITY a proposal for cost reduction changes in the plans and specifications of PROJECT. If said proposal is accepted by CITY, extra compensation shall be paid to CONTRACTOR in an amount equal to fifty percent (50% ) of the net savings in construction costs as determined ry CITY. If said proposal is not accepted by the CITY, CONTRACTOR shall not be required to perform any of the changes contained herein. CITY shall be under no obligation to accept any proposal made under the provisions of this paragraph . 26. NOTICES All notices concerning this agreement shall be in writing and shall be either delivered personally or mailed, postage prepaid, addressed to the party concerned as follows : TO CITY: TO CONTRACTOR: Mr. Paul Cook R & L SEWERS, Inc. Director , Public Works 8815 E. Compton Blvd. City of Hunttigton Beach Paramoant, CA 90723 2000 . Me{n Street Huntington Aeadhe CA 92548 1�. li. 4b a, 27 . 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 officers the day , month and year first above written . CONTRACTOR: CITY OF HUNTINGTON BEACH , R EWER ". ` A muni 1 Corp at on �e i/ P15hael Deckert - ice President le Deckert , Secretary/Treasurer ATTEST : APPROV�D AS TO FO 4 City Clerk City Attorne +? REVIE ND APPROVED: INITIATED AND APPROVED: Cit ministrator Dir ctot of Public Works ', �d, �t TB: kL, 4/5/94 17. !1! I'IIItN TO! C1111T11ACAT I: 01' INUUl1ANCE Alspruvwl,NIts rutew 01y :if llltntiugtt-n Ilcucll TO Gait Hutson.City Attw Itim..I Ben.INrice CITY OF HUNTINGTON BEACH, CALIFORNIA 1'.0. i ox 190 ay; Ilurttin}ion llcavll,t:A1J':6-M A MUNICIPAL CORPORATION This is to certify that the policies of insurance as glAeribed below have been hued to the insured by the undersigned and era in faros at this lima. if these policies are cancelled or changed in such a manner that will sffe:t this certificate,the insurance company ayrses to give 10 days prior written nwtia, by mail, to City of Huntington Bach, P.0.Box 711, Huntington Beach,California 9260.ALL ITEMS MUST 13E COMPLETED, ANY DELETION'OH CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN A9TH614IXED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITiNG BY THE CITY ATTORNEY. Name of Inward R h L SEWERS Addrea of Intufed .. ITS L a... 'a U„N '�.CA g0723 Location'of Wr-k or Operitiom to be performed ALGONRU.IN.STREESEWER MAIM, CCC621.� Uoitrilottw of Work Of Operations ,47,CONQUIN 31 Fi I MER— &TH-_CSh2 .._,.r._��.�..� �.. POLICIEG IN FORCE POLICY NO. Eftwtive Expkatlon LIn 1TsiT �1`d0001 NM•E OINSOMrANY GENERAL LIABILITY ( ) COMPREHENSIVE FORM ( 1 PREMISES-•OPERATIONS Each Oecurance 1 1 EXPLOSION AND COLLAPSE HAZARD ( ) UNDERGROUND HAZARD t 1 PRODUCT'S COMPLETED OPERATIONS HAZARD ll CONTRACTUAL INSURANCE i 1 BROAD FORM PROPERTY DAMAGE ( ) INDEPENDENT CONTRACTORS t 1 PERSONAL INJURY AUTOMOBILE LIABILITY i I COMPREHENSIVE FORM i ) OWNED S CSL Each 0awrance l 1 HIRED t 1 NON-OWNED , EXCESS LIABILITY l 1 umenELLA FORM t i OTHER THAN PHIS I T" CERTITY T WE VB ISSUED V.!ILIDiiORKER'S ISllSATION POLICY UMBRELLA FORM IN A PV.lt APPROVED BY TEM CAUFORN1A I URANCE CGIMSS10 I TO THE 1101[1YRRf WORKERV COMPS: end r EMPLOYERS'LIABILITY 1'52-429- 4-1-84 4-1-85 2,000 ARGONAUT iNSURPNCE 00249 COMPANY Additional In3ured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointeee,body,and/or elective and appointive of liters,servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insureJ,and such insurance Mall be primary to a.,-, insurancA of the City of Huntington Beach,as their interest may appear,BUT ONLY AS RESPECTS WORK aUTH01t! INSURANCE t:safViPANY INSURANCE COWANY ByhKuwfq ,�.. . l � Name Addrm 1*;l(7� &A G T* *j;g0 N,11: Atldem PO JOX 4485 au.. ...� .� City ... ,ANAI�EIM, CA,�..Q?an-q city FULLERTON, CA. 92634 Tdaphon� 714-956-4603 HOLD HARMLESS AGREEMENT ito be;.xmied by insured) The insured ' .agrees to protect, defend, indemnify. Lave, and hold hsrmises the City of Huntington Beach its caicars, agents, and employees ageinst any liability, loss, damage, ast c , or expense by maw at any and all liability, wits, claims, 4 deewtilk, *lgn+ents and Muses of action caused by insurer!;his empbyhnm,agents tw any subcontractor or by any third party entice oast of or in Gomm""" of the performarxe of all W any op;tiorn or activity for which this cartificate of insurance Is furnished, :411 foie Ikosp'14111 04P (2) Partnership (3) Corporation (4)Other(state) HOLD HAitMI,139 SiCNED: by lrwj"d: � f AN Fanner 0";re/1 W typ" below aeeA titan WR.I By hrtr 11 Title �.... It Grplwetieal,TIMi[1 Udfkira irwrt f�/rt,•r prMrant wiMrrM e1 aMfberisNien sa eels!Crrparalidn. Ki,ru11'1"1O: CERTIFICATE OF INSURANCE ApmovadastoForm. City of I antington Beach TO full Hu ton,City At 111s.&- Bell.Offilet. CITY OF HUNTINGTON BEACH, CALIFORNIA 11. 0. 110a 190 ,. )luntingtort Ilearh,CA 926,18 A MUNICIPAL CORPORATION This is to cert;fy tint the policies of insurance as described below have been inued to the insu-ad by the undersigned and are In fore* at this time. If these policies are cancelled or changed in stich a manner that wi!I affect this certificate,the insurance company agrees to give 10 days prior written notice, by mail, to City of Huntington Beach, P. O. Box 711, Huntington Beach, California 926".ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured R & L SEWERS Address of muted 1815 .GgWION .BOULEVARD, EAR MOUNT. CA, 9,9723 Location of Work or Operations to be performed ALGC iN UIN STREET SEWER MAIN CCCb21 ..-. - Description of Work or Operations --ALGO T--011 T REWER MAIN.--�'-=7 L --�-- POLICY UTIN LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Eftective Expiration In Thousands(0001 (INS.) GENERAL LIABILITY COMPREHENSIVE FORM S 300 _CSL CONSOLIDATED RX PREMISES—OPERATIONS Each Occurance AMERICAN ( EXPLOSION AND INSURANCE COLLAPSE HAZARD COMPANY QCY UNDERGROUND HAZARD CAP PRODUCTS COMPLETED 178180 5-1-84 5-1-85 OPERATIONS HAZARD KX CONTRACTUAL INSURANCE KI BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS KA PERSONAL INJURY AUTOMOBILE LIABILITY COMPREHENSIVE FORM CAP � OWNED 178180 5-1-84 5-1-85 3IQ� ------"—�L CONSOLIDATED Each Ocuu►ance AMERICAN YX HIRED INSURANCE (XF f'ON•01NNED COMPAt?Y (EXCESS LIABILITY ( I UMBRELLA FORM g 11 OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION and EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees of the City of Huntington Bench, when acting as such are additional insureds hereunder, for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach,as their interest ma ap ear,BUT ONLY AS RESPECTS WORK PERF --- Data .+Amps--U.-1 QU AUTHORI IhiSUIiA'tCE COMPANY INSURANCE COMPANY CONSOLIDATED AMERICAN By No,m) .....0NfiQLTD LTFn AMEUQ& IN•SL1&=y. CQ. _ Addrwlt L bddrwA 140 SO STATE COLi'3GE BLVD City A aHEIM, SA.. 92FLOS .�.� ._....._.-� City BREA, CA. 92621 ( Telephone 714-956-4603 HOLD HARMLESS AGREVAENT (to be executed by insured) �01 L e The Insured is ':.�.-..agrees to protect, defend. Indemnify, sew, and hold harmless the City of Huntington Beach its ofllko's, agents, and employees against any liability, loss, ctanop, cost, or expense by reasiort of any and all liability, suits, claims, dem#nds, )udgmenu and causes of action caused by irnuied, his empiuyres,agents or any wbcontractor or by any third party arising oat of or in consoquenea of the porformance of all iy operations x K-tiWty for which this certificate of insurance is furnished. '01 Sole Proprietorship (2) Partnershif►'�. (3) Itt' (4) Ott .-.- (state) IZ230t D HARMLESS SIGNED; By Insured• Th`e ...�.._..._..�. IAII nomm sliall be printed or tyPod t.Na,v e.ch s+gssaturr.) By Inswed. , ypeexe It Cwporatlen,TWO Offiom rnwt sign.or prwwnt of rithwiaatian to bMd Corlovoion. y State of Californiv, County of C i Ch this., _29rh day of ,L�u"' F, in the 1984 year , before me Notary of Public pemna:ly appeared __�_. t 1EN '`S.�j}j Q t_ , personally know!~ to me for proved to me on the basis of satisfactory et .Ience) to be Me person whose name is subscribed to this instrument as the Attorney-In•Fact of UNITED PACIFIC INSURANCE CO&WAN Y, and acknowledge to me that he (she) subscribed the name of UNIT ED PACIFIC INSURANCE COMPANY thereto as surety,and his (her) own name as Attorney-in•Fact. OFFICIAL. SEA.L ^' 1BA:3ARA J PENDER NOT.Wf Pti6!1C -Ct.►tfQRfitA Mr canto �''s AIM 35, 1S8I3 ,r' ? j i My Can.m:ssion expiresIle mots PubE;F' arrd ter ut aunty �:. Gov-ia3a ED.tslti: tt:1►t.IF,: rY - HEAD OFFICE, FEDERAL WAY, WASHINGTON Bond No. u 50 10 26 Executed in Tripliratt PERFORMANCE BON1) Premiumt $428.00 CALIFORNIA -PUBLIC CONTRACT KNOW ALL 'NIEN BY THESE PRESEN75: ]'flat R & L SEWERS as Principal, and tite UNITED I'j. AFIC' INSURANCE COMPANY, a Washington corporation authorized to execute bonds in tite State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, ill tale stun of FORTY SEVEN THOUSAND, FIVE HUNDRED AND NO/100ths-------------- ---------------------------------------------------- Do.. ; ($ 47,500.00 ) for which still] we hind ourselves, our heirs. executors, administrators, successors and asslt;il5, jointly sloe ,ever tl'y by th.,.se presents. THE CONDITION of the above obligation is such that. Whereas tlis Principal has entered into a contract. slated . 19 , with the Obligee to do and perforperformthe following work to-wit: Ar•F'ntJ'1�:D t1 TO FUA�It GAIL tip_►i S City r►1.t... ALGONQUIN STREET SEWER MAIN, CC621 By: Deputy City AttnrU91 NOW, THEREFOR', it the said Principal shall wel! and truly perform the wort: contracted to he performed under said contract. then this obligation shall he void. otherwise to remain in full force anti effect. Signed and scaled this 29th day of June , 1984 r� Orr 00 ,t s _BY,, _ _ Sell) UNITED :IC )LITANY 1 by OWEp 1wI. itV Attorn POW actact ODU:90 CA(.. • C%)NTFIAC7 - nt)t)LIC •PE"FollkiANCL O.7035 stata of f a::fornia, SS: t County of QRANr.F _ , t On this 290 day of JUNE in the year i9R4 before me Notary of Public personally appeared OiJEN M. BROWN , personally known to me for proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledge to me that he (she) subscribed the name of UNITED PACIFIC INSURANCE COMPANY thereto as surety,and his (her) own name as Attorney-In-Fact. OFFICIAL SEAL PA RI IRA J BENDER ..= - ?407 ARY PUEUC - CALIFORNIA ,f My com-1. a-pi;es JUN Is. IsmAr My Comm.ssion expires BDU-1818 ED.W32 (CALIF.) _ 160tary Pu in aral for said County 1 WCIFTO rzvsu1:t.AX*13 CC ACPA HEAL) OFFICE. FEDERAL. WAY, WASHINGTON Premium charge for this bond included in charge for Performance Bond. Bond No. U 50 10 26 PAYMENT BAND Executed in Triplicate CALIFORNIA --PUBLIC CONTRACT KNOW ALL ME-NJ BY THESE PRESENTS, that R & L SEWERS as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author- ized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEAT as Obligee, in the sum of TWENTY THREE THOUSAND, SEVEN HUNDRED FIFTY AND r O/100ths 1 ------------------------------------------------------ Dollars ( 23, 75G.00 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 day of 19 , entered into a contract with the Obligee for ALGONQUIN STREET SEWER MAIN CC621 GAILi'ED A11 :0 FORM ' GATI, IiLli FJI1 city Attol luy By. Dsputy City Attorney NOW, THEREFORE, if the above-bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorrey's fee, to be fixed by the court. This bond shall inure to the benefi- 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 29th day of JUNE 19 84 UNITE CE COMPANY M. R Attorney in•f +�Ct , l3t7u•2��H EU.5rlT IG'1LIF',f .�+a •.•�.,,...� �'it;•...�t�'_.� lisr►teat„!un 13r�.:lt Y�`: �-�• .._� ;ZC1;;C, h1.atN 5T. �•j� ,r.. NUNTtNCiY^`: UCnCN. GA 9.^.4•SH Itl r3 rt;lU. IACH sit. w pcaN tvc"r'Lr.EOM n•+!17 NIi1 C]h (714) 536.543 i CA L I'-OR N IA 92648 4J'. IU.CT ,7t.1t a-3G•�•�31 F':lui E. C: 01: public Works Department uitector LE'TTER OF TRAN'S.M.,.TTAL t . 1 .. i.'lfc:t' :i;li. r-� i (trr.i i Jt.3:i c: , doc .c1rr2 -�. Lt.. _ f _ . . .. I ,�1f ��.I �..:�,. L�tt' -�?. f c'rr � f;�..�y._.._ -.mac• _ j•t��'-�_L�.- __ _.___.. _.L.�:si.L�...r_ '.c`"l-.SfL . t`..� (t "'1g1.I. ...._.____'."G L..._ - ......_✓ t<31,t!Z.a1,L llr�.. ...1_.. V ..r.kr. -`c�._...�a �•'�ft•G:!�.. ,4 ions 1•our tl: l'innt. 1UIt (."1�"t (,�+ •�-, ''� ��t,/.1'M'1 � f I:++d •:5�•.\X i�" `.(�.c;t.. 1�4'•; ' ' �f '.�. �,S . l l�� {� ♦...�Qr State of California. • '( SS: County of QRhNGF I CM this 8t h day of NOVEMBFR in thr year 1a4�2 , before me Notary of Public personally appesrer! OWEN M. RRt}'.v-N , personally known to me (or Proved to me N. on the basis of satisfactory evidence) to be the person whose name is suLKcribed to this instrument as the Attorney-In-Fact of UNITED PACIFIC INSURANCE COMPANY. and acknowledged to me hat UNITED PACIFIC INSURANCE COMPANY executed the instrument. OFFICIAL SE=.L lrO+Z�IIA 913 My Commission expires i9 all 1 , f Y t BDU tb16 EO.B/83 ICAt.iF.l `r /, Notary blic 1".nd for said County ,NIAIN7ENANCE BOND •' Bond No. U 50 10 26-A Executed in Tcip)45ato HOME ©PRICE, TACOMA. WASHINOYON KNOW ALL MEN BY THESE PRESENTS, that we R L SEWERS as Pdreipal, and UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, us Surety, are held firmly bound unto CITY OF HUNTINGTON REACH, CA. as Obligee, in the full and just sum of FORTY NINE THOUSAND, TWO HUNDRED FIFTY FOUR AND 74/100ths----------------------------------------DVIlarS ($ 49,254.74 � ), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra- tor.=., suucessors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Said Principal entered into a contract with City of Huntington Beach, CA. dated .Tune 4th, 1984 for ALGONQUIN STREET SEWER MAIN, CC621 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of ONE (1) 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 September 21 , 1984 NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if withinONE year(s) from the date of approval of the said contract, the work done under the terms of said contract shall 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 sha!I remain in full force and virtue, otherwise this instrument shall be void. Signed and sealed this 8th day of NOVEMBER ;g 84 Witness: .� R 6 L . Prins11s1 UNITED P CE COMPANY ' B OY'110VED A8 . y' C.1lIL 1UT'IGO C1", OX't1� W. P �:tarr,;w.in•rd;, G� .. 8Culm r.u.7.71 13yt; Da;)►>.tb• r,� i City of Huntington Beach Department of public Works P. O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on project No. d Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subct :tractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work performed by each such laborer , mechanic , apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title c . i .F r'. WHEN RECORDED MAIL TO: 84-451328 CC-621 �:�Cnraf'E=a �!4 OFTICIAL RECOPDS EXEMPT nF' QF%t,tJ E COliNty CAIIFC)Fif11A t;l l�' OF HUNTINGTON BEACHC Ofice of the City Clerk -1 ?o PM NOV j -84 P. 0. Box 190 Huntinvton Broch, Calif. 926 NOTICE OF COMPLETION �`'r�``'�` ,�•:�:,�"•`�• ",, r+C CrirUJF.H NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California co R. L. SEWER, 8815 E. Compton Blvd_ Paramount, California who was the company thereon for doing the followiq work to-wit: construction of an B-•inch sewer force main plus one manhole and the modification of pipes in an existing vault, - all work within Algonquin Street, Project CC-62.1 , ih the City of Huntington Beach, California. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntiitgt.on Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on October 15, 1984 That upon said contract the UNITED PACIFIC INSURANCE COMPAtiY _._. was surety for the bond given by tre said company as required by law. Dated at Huntington Beach, California, this 17th day of October 19 84 • City Clerk and ex-o icio C er of the City Council of the City of Huntingt�in Beach, California STATE OF CALIFORNIA ) County of Orange ) ss : City of Huntington Beach } I , ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-o7ficio 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 tree and correct, and that said NOTICE OF COMPLETION was duly acid 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 17tid ay of October 19 84 . This dacureont Is solely for the effieinl busAness of the City of �.tuatin±tors Beach, as contea771 - p +rd under C3ovsr�ent Cod* i t erk and exwo is o erk l�'. of the City Council of the City Soc.. 6103 and should be recorded of Huntington Beach, California ' tlhwrs of c;tyar�8. f -� iliiLN RECORDED MIL 10: p LC•G21 �� �. /i'e ltn.f r 'l��hAN�: �*� t:iR'(iC• NUtrlING1U.•t tllAUH � g c' nth pi���n EXEMPT Office 9f tr,c CttY C�w�� at,d � ^5 ► t P. U. Eton M► mp (r FiECORpE�r ��o r✓ICIAL RECORDS Nuntrnr•forr tl�attr 1 OF ORA r v CALIFORNIA f' 'IUIICE U! COMPLETION E aRNIt� NOTICC 15 HEREOV GIi't5 that the contract heretofore awarded by the City Council of •z. 0 !'0i t '84 the City of Ituntington Heacn, Califor•rild to R. L. SEWER, 8615 E. ^'orv-pton HlV4t'_ , Paranount. California f ■t►o was the company trereon for ditrig the following work to-wit: r .EGr�+rtlfH construction of an it-►rch seol:r force vAin ploes one manhole and the. mdificattan , Of piyes in an eitist W11 vault • all cork iiittmi Algonquin Street, Pru.}ect CC-G21. in the City of Iluntin•jton Ceach, California. 84-451328 That said work was co„Pleted by said co^pany according to plar:s and specificetit'ns and to the Satisfaction of the City Enjineer of the City of liuntington brath and t..�rltr that said work was accepted by the City Council of the City of Huntington Peach at a regular meeting 1r.evrut held on _ octob_!r15. I°f.l_» That upon said contract tot. - 'r.!TE'J 1^F.C:FIC :NSJrllh f C!"�PAI v was Surety fur tie bent; given, by the lair: corps is required by law. t Dated at kuntingten :►each. Califo•nia, !his lLh� day of Octcher l9N3 xE city per. and • of "le !",!y �9Uhci! (lf x Cit)' tf�•a. of Hunt4n)tar! Fee,:h, California yfu!t STATE Or CALIF`JPVIA County of !?range Ss: ' City of )iunt:ng.on beach s I. A!ICIA 'A. NEUTStl.RTH, Vie t!uly el ited and qualified City Clerk and ex-officio Clerk of tie Lity .ut:r,cii ,f tot' City of iirnt!ngton beech. Ca!tfnrnia do hereby rertify under Uen)lty of prr,ury, that the foregoing 4:i'ICE V QU' LLTION is true and virret.t. Ant: that fai;,' CD'"i,.Et:J% was d-.,'y end rtlgular!y ordered to re recore•,d in the Office of t•,; Cwmte acco•-Cer of Ufanye C-,Id-ty by said City Loun,.il. Y , 5 Dated at Hunttnytnn wear.`:, Ca!'.forni3, this . 1791 eay of ��. !ctobrr This document l>t solely ter line ♦rricsrnl ousinois at trio r1 ty nt Hu:itln%ten Punch, n: eer+srerLt'.r.I1r r r� �--- pletoE trf+iter rcrrnd. ::"uC• tttyer•Olr'Cii !.2'k soc. Q0 and s7oite be r+rtrdr0 0' the C:tj Loln:i7 of the Litt' M+ at cbArno. of 'turtfngtcn 9Aacn. ;nl,turnia 1 F 'e< f 1 REQUE FOR CITY COUNCI WTION Date October 3, 1984 Submitted to: Honorable Mayor and City Council Submitted by: Al'PitOVL•D BY CITY COUNCIL S Charles W. Thompson, City Administrator C 0 PrWa� by. Paul E. Cook, Director of Public Works Subject: Algonquin Street Sewer Force Main; CC 71�" "� Staten-ant of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: R & L Sewer has completed the construction of an eight inch diameter sewer force main in Algonquin Street between Warner Avenue and Pearce Street. RECOMMENDATION: Accept the improvements and authorize the City Clerk to file the Notice of Completion. ANALYSIS: On JVne 49 1984, the City Council awarded a contract to R & L Sewer for the construction of an eight inch diameter sewer force main in Algonquin Street between Warner Avenue and Pearce Street. The construction of these improvements is now complete, per the approved plans/specifications, and, therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of contract costs. Council-ApRroved Actual Exxeenditure Contract Amount: 47,500.00 $479500.00 Construction Contingencies 9,500.00 !1754.74* Total: S579000.00 $49,254.74 *Major construction change orders Included: (1) installing two epoxy cuated elbows because the specified elbows were no longer available and (2) replacing two existing six Inch gate valves because both were worn out. FUNDING SOURCE: Project funds of ' 39,884 were budgeted in Capital Outlay Account #806520 (i.e., Algonquin Force Main) and on June 4, 1984, Council authorized the appropriation of an additional $17,116 from the Unappropriated Sewer Fund Balance - Account L301. ALTERNATIVE ACTIONS: N/A ATTACHMENTS: None. CWTsPEC:DRN:jy no4A?3lq 0 �. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 926Q OFFICE OF THE CITY CLERK July 20, 1984 R. & L. Sewers, Inc. 8815 E. Compton Blvd. Paramount, CA RE: Algonquin Sewer Force Main - CC-621 Enclosed is your bid bond, a copy of the executed contract with the City of Huntington Beach and a Certificate of Compliance form. The Compliance Form must be signed at the completion of work and returned to this office. In addition, the following items must also be on file, with this office, before the City can release any retention funds. 1 . A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond dons not include specific wording for a one year warranty, then a rider or separate bond must be submitted. 2. An affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors have been paid in full and that there are no outstanding claims against this protect. Should you have any questions or concerns regarding the enclosures or items that must be on file in thi.; office prior to release of retention funds, please call Don Noble, con tract Administrator, 536••5441 . rr Alicia M. Wentworth City Clerk AMW:bt CC: Don Noble, Public Works Dept, Enclosures: Bid Bond Ca. Cot 'r•act Certificate of Compliance 1 Y�IMhcrr►i:114�71riz�?l i 0 �. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 925Q OFFICE OF THE CITY CLERK July 20, 1984 Macco Construction, Inc. 14409 S. Paramount Blvd. P.O. Box '457 Paramount, CA 90650 We are returning your Bid Bond which was submitted with your t; proposal for the construction of an eight inch sewer force main, CC-621 , in said City of Huntington Beach. The contract for this job was awarded to R.L. Sewer of Paramount. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enclosure 0 CITY OF HUNTINGTON BEACH 2000 MAIM STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 20, 1984 John T. PIalloy 606 N. Larchmont Blvd. Los Angeles , CA 90004 We are returning your Bid Bond which was submitted with your proposal for the construction of an eight inch sewer force main, CC-621 , in said City of Huntington Beach. The contract for this job was awarded to R.L. Sewer of Paramount. We would like to take this opportunity to thank you for your interest in submitting a proposal . Y r ` Alicia M. Wentworth City Cler:, AMW:bt Enclosure ITaspla v 7 t 443114 ) �.._....may CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 18, 1964 Risto Construction Co, Inc. 22742 Manal astas Drive E1 Toro, CA 92630 We are returning your Bid Bond which was submitted with your proposal for the construction of an eight inch sewer force main, CC-621, in said City of Huntington !leach. The contract for this job was awarded to R.L. Sewer of Paramount. We would like to take this opportunity to thank you for ,your interest in submitting a proposal . POL Alicia M. Wentworth Clerk AMW:bt Enclosure i� CITY OF HUN't"'1!''V '7"ON BEACH 200D MAIN STREET CALIFORNIA 92648 OFFICE OF THE'LAITY CLERK June 18, 1984 Zaich Construction Inc. 309 W. B,oadway Glendale, CA 91204 We are returning your Bid Bond which was submitted with your proposal for the construction of an eight inch sewer force main, CC-621, in said City of Huntington Beach. The contract for this ,fob was awarded to R.L. Sewer of Paramount. We would like to take this opportunity to thank you for your, interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enclosure fyvieOwwt 71443 MI BID PRD ., iTM Firms Name Zb the Honorable Mayor and City Cuuncil, City of Huntiroaton Beach, California: In campl iance with the notice inviting sealed proposals for the construction of an 8" sewer force main , one manhole and modifications to pipes in an existing vault in Algonquin Street . I hereby propose and agree to enter in-,o a contract to perform the work herein described and to furnish the materials therefore acoordirrg to the plans, speci- fications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public: Works of said City of HuntiNton Beach, California. The undersigned has not accepted any bid fran any subcontractor or materialman through any bLI depository, the by-Laws, rules or regulations of which prohibit or: prevent the contractor from considering any bid from any subcontractor or materi.alman: which is not proce,sal through said bid depository, or which prevent any subcontractor or materi.alman fran bidding to any contractor who c3oes not use the facilities of or accept bids from or through such bid depository. Fvr the furnishing of all labor, materials and equipment, and or a1.1 incidental work necessary tc deliver all the inpr ve e!nts ecrtpiete in place in strict con- fo pity with the plane, specificat-ices and special provisions, on file Li the office of tha Director of Public Works, City of 1-1muit.ington &vch, California, I propose and agree to take 11 paywnt therefore at tyre followixig emit prices; to wit: IT24 APPF40X ATE ITEM WnH UNIT PRICE UNIT NO. QITI#NrM WItIZIJI J IN WORDS PRICE Constrw.t 1.3004 1.f. of Class 150 seweF farce main, a%vept 1 . Lump Sum upstream last 401 Mall be Ve-mu-- stran pipe fcr a lunp sum of hkiaud.- V000 Conatr+act mar�-,ole with ,moron coating for a lurrp sum of �G-. Modify pipes in vault W plan J for a lunp trim•-�oflF: ....._ 3. Imp Slim TA`�l��.Q� '+t P-1 rITEM APPr=IMATE IM WITH MaT PRICE UNIT NO. QUANTITY WRITAN IN WORDS PRICE TOTAL Trench storing and bracing for a lunp stem Of 4. IANP sum 00 Total Bid S $�. R I i I P-2- it is understood and d ed that the a}7praC]IC12ite quantifts shown in the foregoing proposal schedule are eolely for the purpose of facilitating the aaaparison of bids and that the contractor's cal ensat:'.on will bL- =paut.ed upon the basis of the actual quantities in the =npleted v .k, wthethe::: they be more or less than those shown herein at the unit prices bid in the proposal. schedule. The undersigned understanda the contract time limit allotted for the contract is 35 calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. Zhe undersigned has examined carefully the site of the work contemplat:.ed, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satis- fied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, plans, specifications, and the contract. AcccupanY9 this proposal is z �-� NOTICE: Insert Ux. words "Cash," "Certified Check, " or "Binder's Bond," as the. case may be, in an amount equal to at least 10 percent of the total. bid price, payable to the City of Huntington Beach. The undersigned deposits the above rame security as a proposal guaranty and agrees 'chat it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and :sufficient bonds in the form set forth in the specifications and contract docents of the City, with surety satisfactory to the City within 1.0 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the under- Si-:ned. Licensed in accordance with an act providing for the registration of contract Lice-me .,_�,_i✓''" !Y%/ ' "ram,/ --^"�"'�-- D r Signature of Bidder- Business Address r Place of Residence Dated this , Ojdday of � � 19 YY_ Bi shall signify receipt of all Addenda here, if any: Addendum No. Date Received Binder's Signature P-3 PFUKEM TNF\^E'OSA'I' M REaunm) C F HIDER Bidder :is requi*ed to supply the following .information. Additional a.eets may be attached if necessary. I. Fi m tom: i •_ _ �G�iG',. '. .�./G//'" ___ 2. Address: of� i?.c/ 1 -1 Teleghor�e:� oeaj17 � . 4. Type of firm-individual, partnerrihip, or corporation: 5. C m—.poration organized =Aer the laws of the State of: b. Contractors License Number: 7. Dist the names and addresses of all mm. bers of the firm or names and titles of all officers of the oorpora.icn: 8. Nuvber of years experience as a contractor in construction work: , 9. List at least six projects ccnpleted as of recent date: cwT wi CIASS OF DATE Fa M4T UM ccbwi Ir'17 MME, ADDRESS & PRONE, 14LMER Or OPM 00 '� t' _s Gar,�" •f �� � r' , �Y•7�` - L K'M1�Mr• L 41 /y'" ,\j! Ae 49 10. List: the name of the mxwn who inspect the site of the proposed work for your firm: Date of Inapectj a a 11. If regwsted by the City, the bidder shall furnish a notarized fimuci.al stater mt, financial data, or other information mut references sufficiently ccmprehensive to permit an appraisal of hf,'3 cntux O. finamial mndition. PF-4 DESIGNATION OF SUBCONTRACTORS In =gAiance with the "Subletting are- Subcontracting Fair Frantic_-s ,Act" keing Section 4100-4113 of the Cavernment Code of the State of California, and any amendmnts thereto, each bidder shall set forth telow the nmm aril locatic n of the placx- of busir c ss of each subccntrac:tor who will perform work or labor or render service to the prim contractor in or about the construction of the wDrk or i mprn:went in an anmmt in excess of one--half (1/2) of one percent (1%) of the prime oontractor's total paid, and shall further set forth the portion of the work wlv.ch wi l 1 be clan+- by each subc:r%itractor. Cnly one subcontractor for each portion shall. be listed. If the contractor fails to speciE a vab=ntractor for any portion of the work to be perform umL-r the contract, he shall be aleeTied to have agrees? to per.form such portion himself, and he shall not be permitted to :sk:bcontracl that portion of the work except under Ova conditions 1mvinafter set forth. Subletting of subcontracting of any portion of. the -work to which na subcontractor %*-is designated in the original bid shall only be permitted in cases of public emaxgency or necessity, and then only after a finding tedcced to writing as a pubiwc record of the Legislative Body of the owrkr. PQRTIC?4 �. STATE LICFISE CP WOKK SLmM. rRACmR'4 N7+m- MD ADMESS WOW% CLS,S i i try sulrdssion of this proposal, the c ontracto.- certifies: 1. That he is able to and will perform the balami of all irk which is covernd in the above subcontractor Listens. �. That the City will bo furnished copies of all st*••cxx►tracts a+ntered into and bands furnil4W by subc*ntract.or for thi 3 project. 13--5 REQUES1 FOR CITY C+0►UNCIL. ACTION Date __._. May 230 064 submitted to. Honorable Mayor and City Council t,plt4ti.L� CITY CpUNC11' Submitted by: Charles W. Thompson, City Administrat w I --- -- Pre pared b Paul 'E. Cook, Director of Public Works ..' .t4t!i►� .�_. f� Y � - Subject- Algonquin Street Sewer Force Main; CG-62-1--- Statament of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF 15SUE: uu rsuint to City Council approval of March 19, 1984, bids were received on May 22, 1984 for the construction of an eight inch diameter sewer force main in Algonquin Street between Warner Avenue and Pearce Street. RECOMMErtOATION: I. Approve the law bid submitted by R & L Sewer and authorize the Mayor and City Clerk to execute an appropriate contract in the., arnount of V47,%U.00. 2. Authorize the appropriation of $17,1 116 from the Unappropriated Sewer Fund Balance - Account 1-301. ANALYSIS: On March ;9, 1984, the City Council approved the plans and specifications for the cun:atruction of an eight inch diameter sewer force: multi in Algonquin Street between Warner Avenue and Pearce Street and authorized staff to advertise for construction bids. Bids, as summari:ed below, were received and opened on May 27, 1964. Contractor Hid Total R & L Sewer $47,500 Macco Construction 49,000 John T. Malloy 5P? 000 Risto Construction 50,500 loich Construction 61,500 Staff has rev;ewed the bid proposals and recommends the acceptonre of the H. & L Sewer bid. FUNDING SOURCE: Contract Amount:+ $479500 Construction Contingencies: 9,500 T57,00D Bmmd on the onginear's estimate of *3910001 project funding of $3911;64 is budgeted for in project Capital Outlay Account #806520 (i.e., Algonquin Force Main). Obviously, the low bit! of $47,5UO plus projected construction contingency costs of $9,.500 exceed what has currently beer. budgeted. Therefore, the Director of public Works reoueaats tatithorization to appropriate an additional $17,116 f rat n tho Unapproprlsted Sewer Fund Belarme-Account L301. The revise, source of funding would be as follows; o+' no♦41 i Capital Outlay Sewer Fund Account 806520 (i.e., Algonquin Force Main): $399884 Appropriation from Unappropriated Sewer Fund Balance-Account L301: $17 116 Total: 57,00Q ALTERNATIVE ACTIONS: 1. Reject the low bid submitted by R & L Sewer and select another bid. 2. Reject all bids and readvertise, or forego improvements. 3. Reject authorivition of a $17,11 b appropriation from the Unappropriated Sewer Fund Balance and direct stsiff on hew to fund shortfall. ATTACHMENTS: F.I.R. C'NT:PEC:DRN:jy +C1'x"�'' file HUNT1l GTON SUA CH ? INTER-DEPARTMENT COMMUNICATION r«,r,7M10%KUM To Charles W. Thompson From Robert J. Franz City Administrator Chief of Administrative Svcs. Subject appropriation for Sewer Date May 259 1984 Force Main In Algonquin Street • CC621 FIR # 84-29 In response to the request of the Public Works Department, a Financial Impact Report has been prepared and submitted relative to the proposed construction of an eight inch diameter sewer force main on Algonquin Street. It has been eztimated that an appropriation of $57,000 would be adequate for this project. The Director of Public Works has indicated that available uncommitted funds from the Sewer Capital Outlay Account 806520 are to by used for this purpose. It will be necessary to access an additional $17, 116 from the unappropriated Sewer Fund balance since the former funding source presently has a balance of but $39,884. An affirmative response by the City Council will reduce the unappropria ted Sewer Fund balance to $896,154. J a ert J. Franz Ciiief of Administrative Svcs. RJF/AR/cg f CITY OF HUNTINGTON BEACH FINANCIAL IMPACT REPORT Projcct Name Auprp batinafnr sexer Ponce Main b_AJWMuin Street,.,- Description Requested finding for this project 1 . DIRECT PROJECT COSTS 1 . 1 One-Time Costs Acquisition Construction ties, E ui ment Other Total CCoost - 57� ppq 57,000 Iv- 1 .2 Recurring Annual Costs .� 'AddlMnal Materials Dutside PAXr.01l Per onnei SUE) I as S rvi ges Rev nues Total Cost 1 .3 RepiaCwtlont/Renewal Costs "_NIA 2. • INDIRECT COSTS Loss of Oitv's ear�n,ning capjkbj1i!Z due to expenditure of funds. � Alwiw�.��.w...4..w.r,.�.,..d,M�..,+.Anwrw..•+w.wwr.�..rlw...�.iwr ��Yr�+�.�..��i+.ww�r� ..w rrw++rr+.►w.A�Mw�. ,-_— -- - - - --+�M.I.II�r rw�l _— __' _- ��r�rr�•�art �.FMo'..�.W.I.M�.I.��Y+MIM �M Financial Impact Report •+ Page 2 3. MON-DOLLAR COSTS N/A _ 4. BENEFITS TO BE DERIVED FROM THE PROJECT &Rroval of the appropriation re uest will facilitate the com letion of this ro 'ect and negate the- potential for increased costs if additional del!Xs are encountered. 5. PROJECT USAGE 6. EXPENDITURE TIMING it Council a royal and award of bid. Y 7. COST OF NOT IMPLEMENTING THE PROJECT t2 anaraye the„funding request will impede the City's ability to provide r Einement5 to the area. • ew aN "1"r A4 11 ' ,, log _ ..._._ ..__... • r c C-+� A� SOS `� a coo IN T11F Suporior Court ()FTIIF STATE Oi'CAI.IFORMA In and for the County of Ora",ge CITY OF HUNTINGTON BEACH 1:IME4E..LUB " CA1L4N CITY CLERK BIDS CC-621 State of California County of Orange lei ,slrllC7i pt4tLJp11gI4' try+ks 1arr�,t t1x►t t,t�nsl td Idw fir rf iif+iela�o+1HArit. two*=wh t!x► srgr Mat 41"^a!y APRIL L. ELLIOTT � ;= ��t►.�t'w�+� �, �wie4 ��" I. �re�r the That I rim and at sl!times herein mentioned war a citizen of ++ 1s . 1i tfw '41tgw►t!7pwstw M. the llnitrd Statca,over the nFr of twcntv•one �•rnrr,rind that I " �► rn�l �`� �' q16�►Mgt wr>t tw rt `!R am not a 1tArty t.t, nor intrrewtrd in the alxwr e•ntitl.K! mallet; that I am the principal clerk of the printer of the No 4 t trgrAiurt'1;M1M3•/•het,tt.ar il"�,�>�,�w'�w�t'��r�►. • . . t,r<ertwtlr HUNTINGTON BEACH ItdD. REVIEW ���,� y►�wtritlttirt�t�t ;:.,; • a newspaper cif general rirrulAtinn, ►trhliehed in the•City of R 1 Y � ', �(,��+��i`*�nats�t;Ma d'�y�y r1t1'. Ilw�(` '•trww �. t rirt ftk st bi1k .r!r �ihr►a; r) ow .ski 00rs�r� M HUN INGTOt BEACH VA 10KI� County of Orcrige an which new paper is published for the. dis►rrnination of b"rnl news And intrlliacncr of A yerieral chnrtc• �� ' s ac+i'n,+(t rt m d Willow ft �M btw �'a+rf M ter, and which newspaper at all times herein rntinnrd haw+,i W +1hlw Wn,t"91tr AM-1—to % rind still has a bona fide sab.rrrpl►on list of pnyin¢sulMrrilrrrs. tt r hew* rM ktt 1 to go end which newspaper has liern entahlirhed, printtfl end pub. ; ' • t;. lishrd at regular intervals in the raid County of Uritngc for a { +�. dw• .,.1„ " *� boo lhip �� prrisxi exceeding one year; flint the notice, of which the t� �.-���+ L�r��r� — 1w enne:ed is a rintecl copy. t}rrn tthlishrtl in the regular r: t� t"bm"0 a� ee o"slow 4P N �f 1M p py p gr "iw algr lM ate,ewr tJr 1liKrrw4 C'yftW�t and entire imue of avid newspaper, and not 1r, any supplement t". . «trlwwrNl..00==Ow wrrof Nttrit► � thereof,on the follimag dates,to wit: As AV • • the .mow uji Room ttam IN pe, act iraa�w�Piu W" tMs C sA tswM ps 'ial i> C.,e.tv,IMttalMr • . . ! � i11*01 M!�1111 1r i ii' M 1�1rfM�fky, ! ft aPRIL 261 i�;�;r 3 r 1984 (�► WIN !Ww a*044 low • � ,irrt t;t t� 9w • L'�stwt���� �' at N I certify (or deriar.) under penalty of perjury that the fnrego• 7ws�llgraf sitj ing is true and corrrct. � � ! '+� batedat.....CA EN•GROVE... Celifornle,this .. .tiny Ot• A:y .. 19.. .81. 'rfJ7i'''e� April. L. E I f i u t tr' ..� • ,. Signrt i e J/ Farm No rXV) 961:3 i, CITY OF HUNTINGTON LEACH {4 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536.5431 To City Clerk : Notice Inviting Sealed Bids C.C.�6z� � �.,f�vE� F+��ec /�T,�i WZC0A10Vt41. ,IqPublication in Huntington Beach ,dews on Y4 , Rema.-..s : Authorization from City Council to advertise;;- /U-$e . Bid Opening Data. S'-- ?_2 - S Time�2 PNJ Engineer ' s Estimate =M ,000 ery ruly ypurs , Pa it E. Cook Director. of Put)lic Works PEC :UFM: lw NOTICE INVITING SEALED BIDS CC-621 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the construction of an 8" sewer force main, one _manhole and the modification of pipes in an existing vault. on Algonquin Street between Warner and Pearce in the City of Huntington Beach, California in accordance with the plans and Specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on April 24, 1984. A charge of $10.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item 01.101"Itity 1. Construct 1300+ lin. ft. of 611 A.C.P., Lump Sum Class 150 sewer force main. 2. Construct manhole 1 Each 3. Modifiy pipes in existing vault Lump Sum 4. Trench shoring and bracing Lump Sum In accordance with the provisions of Sectio- 1773 of the Labor Code, the State of California, Director of the Department of Indu -trial Relations shall determine the general prevailing rate of wages, applicable to the wct k to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntinoi on Beach, California. Plans and specifications, together witn proposal form, may be Obtained nt the office of the Director of Public Works, City Hall, HUntint ton Beach, California. No bid will be received unless it is made an ci blank form furnished by the Director of Public Works, The special attention of pros;,ective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the: comparison of bids, and the City of Huntington Beach does not express or by implications agree that tho actual amount of work will correspond therevAth but reserves the rinht to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared ore the basis of the Director of Public: Works estirnUe of the quantities of work to be done. Substitution of securities for tiny monies withheld by the City to insure performance 'shall be permitted in accordance with provisions of the California Governtnent Code, Section 4590. r Each bid shall be made out on a form to be ►btained at the offico of tho Director of Public Works, Development Wing, 2000 Main Street, Huntington Bench, California; Shall he:scaled and filed with the City Glerk at the �.'ivic Center, Second Floor Administration Building, 2000 "Aaln Street, Huntington reach, California, on or before 2:00 P.M. of t41uy 22, 1984s and shall be opened by a conimittee composed of the. City Clerk, the City 'Attorney and Director of Public V11orks or their uuthorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 4th of June, 1984, of the hour of 7:30 P.M. in the City Council Chambers in the Civic Center of raid City of Huntington Be1301, Eind shall be acted upon by said City Council in the Civic center of said City of Huntington Beach. The City of Huntington Beach, Californiu re,.crves the right to reject any or 1111 bid::, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntincton Beach, California this r- arch 19, 1984. ATTEST; Alicia Wentworth City Clerk t N-2 • REQUE FOR CITY COUNCI ACTION DAte March 8,, „.1984 ; .� ji : Submitted to: Honorable Mayor and City Council 4') ti Submittod by: C. W. Thompson, City Administrator P•oWed by: Paul E. Cook , Director of Public Works Subject. Algonquin Street Sewer Force Main; CC 62 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative actions, Attachments: STATEMENT OF ISSUE: Plans aRa specifications for the construction of an eight inch diameter sewer force main in Algonquin Street between Warner Avenue and Pearce Street are complete . RECCIMMEDIDATION: Approve the plans and specifications and , pending receipt of Coastal Cormmission Permit , authorize staff to solicit bids for the construction of this sewer force rain. ANALYSIS : The existing eight inch diameter sewer force main line along Algonquin Street, between Warner Avenue and Pearce Street, is at maximum capacity; therefore, staff has designed and drafted plans/specifications for the construction of an additional line . The new eight inch diameter force main will parallel the existing line and provide the additional capacity required . The Development Services Department has declared the project Categorically Exempt from environmental impacts; however. the project site is within the Coastal Zone . Staff has applied for a Coastal. permit . Upon receipt of this permit, staff Mould like to immediately request bids . The Director of Public Works .recommends approval of the plans/specit�ications , conti.nger t upon the receipt of a Coastal Conunission permit, and an auth- orization to subsequently solicit bids . FUNDING S DURCE: : Engineer i Estimate of Cost : $39 , 000. 00 Project Finding $39 , 884 is budgeted for this project in Capi ;:al Outlay Sewer Account # 806520 (i . e . , Algonquin Forcc Main) . ALTERNATIVE ACTIONS : Reject approval ot plans/specifications and authorization to solicit bids upon receipt of Coastal permit . ATTACHMENT!'; : None CWT: ;11,X:DRN : jy � 1 rto Val