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HomeMy WebLinkAboutSO CAL UNDERGROUND CONTRACTORS - 2004-12-20 (2) RECEIVED-BY CITY CLERK RECEIPT COPY �,�.. Return DUPLICATE to City Cleric's Office {Nam ) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh i Freidenrich, City Treasurer FROM: DATE: a� SUBJECT: Bond Acceptance have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No.Maintenance Bond Bond No. Q CD Re: Tract No. CC No. �- MSG No. Approved Agenda Item No.- ( oun !Approval Da Fe)— City Clerk Vault No. . �f #27 g:Ifollowup/bondietter doc City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HE�R,EON FROM: Duane D. WentwortPNContract Administrator DATE: September 28, 2005 SUBJECT: Retention Release Payment Company Name: Southern California Underground Contractors, Inc. Address: P.O. Box 1747 City, State and Zip Code: Brea, CA 92822 Phone Number: (800) 375-7272 Business License Number:A 153004 Local Address: NIA Notice of Completion Date:August 29, 2005 Contract Purpose: Retention Release for Cash Contract 1214, Alabama Storm Drain The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the soject at this time. Date ,�Gj Robert F. Beardsley, Pubic Works Director I certify that there are no outstanding invoices on file. /o -3-o S Date Shari F eidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. ZzVYk5_ 16x '/X"' Date Joan rlynn,'Citypdlerk 1214 retention release memo 9/28/05 2:00 PM RECEIVED BY: • CITY CLERK RECEIPT COPY Return OUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh ri Freidenr'ch, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for dL(� (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. p� Maintenance Bond No. _ Q 6 3 Re: Tract No. CC No. MSC No. Approved .0 Agenda Item No. (Coup rl Approval D e) // City Clerk Vault No. "l�Q�� o #27 g-itoilowuplbandletter doc t5amyZ416&nft 1*4 Ona Newark Carder International Fidelity Newark,Now Jersey 07102 t NSU RANGE COMPANY (973)624.7200 Executed in Two Counterparts BOND NO. 0386380 Premium Included on Performance Bond MAiNTIENAHQE BOND KNOW ALL MEN BY THESE PRESENTS: THATWE, Southern California Underground Contractors,Inc. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY,a New Jersey Corporation of One Newark Center,lath Floor, Newark, New Jersey,licensed to do business in the State of New Jersey and California , as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the full and Just sum of Nine Hundred Eighty Eight Thousand Four Hundred Seventy Four and No1100 Dollars ($ 988,474.00 ) Dollars lawful money of the United States of America to the payment of which sum,well and truly to be made, the Principal and the Surety bind themselves,their successors and assigns,jointly and severally,firmly by these presents. SIGNED,SEALED AND DATED THIS 2nd day of September ,2GO5 THE CONDITION OF THIS OBLI43ATION IS THAT,W"ERIEAS the Principal entered Into a contract with the Obligee for Alabama Street Storm Drain Improvements Cash Contract 1214 AND WHEREAS,the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said Contract. NOW,THEREFORE, if the Principal shall make any repairs or replacements which may become namsary during the period Of September 2,2005 thrUSeptember 2,2006 because of defective materials or workmanship In connection with said contract of which defectiveness the Obligee shall give the Principal and Surety written notice within(30) thirty days after discovery thereof,then this obligation shall be void; otherwise it shall be in full force and effe d, All suits at law or proceedings In equity to recover on this bqndtuted within twelve(12)months after the expiration of the maintenance period provided for herein. ia Underground Contractors,Inc. Witness INTERN 10 L FIDE INSURANCE COMPANY Witness By: fx � See Attached Surety All-Purpose Mark E. hreckengas torney-in-Fact Notary Acknowledgment Form Attorney-In-F cot 1-53 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On September 2.2005 before me,Laura U. Fianna,Notary Public,personally appeared Mark E.Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the LAURA L. MANNA instrument. COMM.#1452703 NOTARY fteuC.CAUFgRN1A WITNESS my hand and official seal. LOS ANGELES CoUpM " My COMM.EWrp Nor.23,ww" St nature of Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: Individual Corporate Officer-Title(s): —Partner--Limited—General X Attorney-in-Fact Trustee Guardian Other: Signer is Representing: Tel(973)G24 T00 WER OF A►TTORIIM. INTER.NATIUNAL FIDELITY }INSURANCE COMPANY --'HOME OFFICE ONE NEWARK CENTER;.20TH FLOOR '{ NEWARK, NEW JERSEY.07102-5207 : 'KNOW ALL MEN BY THESE PRESENTS; That INTERNATIONAL FII)ELITY INSURANCE COMPANY, 'a corporation organized and existing laws'of the State of New Jersey,and having its principal office in the City bf Newark,New Jersey,does hereby.constitute and appoint ..:: r ...................•...... . _.._- .........................,n............. .:........................ .......". . MARK E SHRECKENGAST;=JOSEPH E''COCHRAN, JULIE M. ORMONDROYD 'Los'Angeles, CA. . ... ............-................................................._..............................................................................-.........................................."........................................ its true and lawful attorney(s)-in=fact to execute;seal and deliver for and on its behalf as surety,any and-all bonds and undertakings,contracts of indemnity and other.wwii i s in the-nature thereof;'which are or may be allowed, required or permitted by law,stature, rule, regulation,contract or otherwise, and the execution.of such instrument(s) in pursuance of these presents, .shall be as binding-upon the,said INTERNATIONAL FIDELITY INSURANCE COMPANY is fitlly:and am;ily,.to all intents and purposes, as if the same had been duly executed and acknowledged by its regularlyelected officers"at-its -. principal office. M. - :€ Thrs Power of A;torte�+�is'eaecuted and may be revoked,pursuant to and by authority of Articte 3-Sectian 3,of the Sy Laws adopp�ed by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive'Vice President,Secretary.or Assistant Secretary,shall have power and authority (1)To appoint Atioineys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and'other writings obligatory in the nature thereof and, (2)To remove,at.any tune,any'such attorney-in-fact and revoke the authority given. ':'Further, inis Power of Anomey is sr ned and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at'a meeting duly called and held on the 29th day of Apri1,:19fi2 of which the following is a true excerpt: Now'therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate 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. TY lyf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be Cs��p G��(/ signed and its corporate seal to be affixed by its authorized officer, this 29th day of August,A.D.2003. C SEAL" INTERNATIONAL FIDELITY INSURANCE COM NY 9 STATE OF NEW JERSEY yJ �_ 5rt. �p County of Essex JE Seereta On this 29th day of August 2003, before me came the individual who executed the precedingg mstrnment, to me personally known, and, being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE CONIPANY;that the seal affixed to said instrument is the Corporate'Seal.of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. y i~'ARQG IN.TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal, P• at the City of Newark,New Jersey the day arid year first above written. Q :NOTARY PUBLIC -� L A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov:21,2005 I;the undersigned officer of LNWRNATIONAL FIDELITY INSURANCE COMPANYdo hereby certify that I have compared the foregoing i;opy of the Power'af Attorney and affidavit,and the copy of the Sectian of the By of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE'OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power_ of Attorney has not becn.revoked and is now iii full force and effect IN TESTIMONY WHEREOF]have hereunto set my hand this 2nd day of : .September,. 2005 . Assistant Secretary CONSENT OF OWNER ❑ ' ARCHITECT ❑ SURETY COMPANY CONTRACTOR TO FINAL PAYMENT OTHER AIA DOCUMENT C707 Bond No. 0386380 Executed in Two Counterparts PROJECT: Alabama Street Storm Drain Improvements (name, address) TO (Owner) ARCHITECT'S PROJECT NO: City of Huntington Beach 2000 Main Street,P.O.Box 190 CONTRACT FOR: Cash Contract 12t4 Huntington Beach,CA 92649 L _j CONTRACT DATE: October 27,2004 CONTRACTOR: Southern California Underground Contractors,Inc. P.O. Box 1747 Brea,CA 92822-1747 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the there insert name and address of Surety Company) International Fidelity Insurance Company 1575 Treat Boulevard,Suite 208 SURETY COMPANY, Walnut Creek,CA 94598 on bond of there insert name and address of Contractor) Southern California Underground Contractors,Inc. P.O. Box 1747 CONTRACTOR, Brea,CA 92822-1747 hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the S -rety Company of any of its obligations to (here insert name and address of owner) City of Huntington Beach 2000 Main Street,P.O.Box 190 OWNER, Huntington Beach,CA 92649 as set forth in the said Surety Company's bond. 1N WITNESS WHEREOF, the Surely Company has hereunto set its hand this 2nd day of September 2005 . International Fidelity Insurance Company Surety Company By: Lv,"t Signature o Authorized Rep sentative Attest: (Seal):See Attached Surety All-Purpose Mark E. Shreckengast, Attorn -in-Fact Notary Acknowledgment Form Title NOTE: This form is to be +•sed as a Companion document to AIA DOCU.M[NT C706, CONTRACTOR'S AFFIDAVIT OF PAY•mEnT OF DEBTS AND CLAI.mS,Current Edi:.pn AIA DOCUMENT C707• CONSENT OF SURETY COMPANY TO FINAL PAYMENT' APRIL 1970 EDITION • AIAS ONE PACE Q,1970•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORE; AVE., NV6. WASHINCTO.N. D.C. 2C406 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On September 2,2005 ,before me,Laura L. Hanna,Notary Public,personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the i instrument. LAURA L. HMNA COMM.� 4 152703 � WITNESS my hand and official seal. NOT p LOS ANOEI.ES COUNry Uy Gomm.E)VM Non A 2W ignature of Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual _Corporate Officer-Title(s): _Partner- limited General X Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: Tel(973)624-7200 16WER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BONDIRIDERICONSENTSIAFF DAVITS KNOW ALL MEN BY THESE PRESENTS- That 1NrERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby consdiure and appoint MARK E. 813RECKENGAST, JULIE M. ORMONDROYD Los Angeles, CA. its true and lawful anorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,arty and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by laws statute rule regullation,FIDELITY cut�oYr the�N� the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Nib NATO COMPANY as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal offftce. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7tb day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is sjW and seated by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April. 1982 of which the following is a trite excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate 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 seat shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Ty s IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be 4\ 0 G signed and its corporate seal to be affixed by its authorized officer,this 31st day of Augur,A.D. 1998. y0� AL Cl INTERNATIONAL FIDELrTY INSURANCE CO 19Q4,a, h STATE OF NEW JERSEY ; J �S�r,.�p County of Essex d�lA►Iry 1► Vice-Pr 'dent On this 31st day of August 1998.before me came the individual who executed the Preceding instrument, to personally known and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPAMf;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. MARQI./ IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, Q- �� at the City of Newark,New Jersey the day and year first above written. a NOTARY �; PUBLIC �r �k � W JE A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21.2005 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct uanscripls thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 2nd day of September ,2005 Assistant Secretary . .�J i City of Huntington Beach Department of Public Works . Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gtr<tlemen: Tlae undersigned, contractor on 2 P Vie,-t-t Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees,watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid «! es a rates not Iess than those required by the contract provisions, and that the work performed each- ch laborer, mechanic, apprentice'or trainee conformed to the classifications set forth in e contr v or training program provisions applicable to the wage rate paid. S;n re acid Title UMArW &dW-&", Sect g:cc cuhconl DECLARATION OF SATISFACTION OF CLAIMS I, . socctlr�ua C°ala und�irgaa�read Cont�ctcto►r�, 9rcc: , state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if.none, state NONE") declare under penalty of perjury that.the foregoin s.true and correct, Executed at_ OYL g•ecLcJ" ,on this day of (Location) (Signature of Contractor) APPROVWaS TO FORM *j NTFER McGRATH,City Aiwmey :followu lcasheanticashoon2.doc k...,70�vuAtt2t... 9 P procedure#15 PLEASE COMPLETE THIS INFOR011ON RECORDING REQUESTED BY: Recorded in Official Records, Orange County AND WHEN RECORDED MAIL TO: Tom Daly, Clerk-Recorder IU!I IIIII II!II Ild'Ilill II.!'IIIII II'!Illii H!II liil`IIII If a II 11K NO FEE WHEN RECORDED MAIL TO: 2005000705706 01:08pm 09107/05 CITY OF HUNTINGTON BEACH 107 91 N12 1 Attn: Robert A. Martinez 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: 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 to Southern California Underground Contractors,Inc.who was the company thereon for doing the following work to-wit: I ALABAMA STROM DRAIN IMPROVEMENTS, CASH CONTRACT-1214 That said work was completed August 29, 2005 by said company according to plans and specifications and to the LC satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public N Works on August 29,2005, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract International Fidelity 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 August 29,2005. r ' irector of Public Works or City Engineer City of of Beach,California . STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF OMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Or Coun Dated at Huntington Beach,California,this August 29,2005. !rector of Public Works or City Engineer City of Huntington Beach,California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) m*.059•TITLE PAGE(117195) PLEASE COMPLETE THIS INFOORTION RECORDING REQUESTED BY: Recorded in Official Records, Orange County AND WHEN RECORDED MAIL TO: Tom Daly, Clerk-Recorder +llillillIIV±111M1011111IllIP'l1:11111111110111111 Ill ii11111INo FEE WHEN RECORDED MAIL TO: 2005000705706 01.08pm 09/07/05 CITY OF HUNTINGTON BEACH 101 81 N12 1 Attn: Robert A. Martinez 0.00 0.00 0.00 O.ou 0-00 0.00 0.00 0.00 P.O. Box 190—2000 Main Street Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: 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 to Southern California Underground Contractors, Inc,who was the company 4 thereon for doing the following work to-wit: ALABAMA STROM DRAIN IMPROVEMENTS, CASH-CONTRACTA214 That said work was eompleed'August - 005 by,saidf ro pany accord+ng to plans--ai��'`specificatlons and to the satisfaction of the City Engin,�o !I, a City unting)on&eA and that'saitf'uvork'was ac'cepfed by the Director of Public �I Works on August 29, 2005, p' r City CouncilRbsolution;Not 201_y O-ado#ted'October 6,'-2008' That upon said contract International Fidelity Insurance'Cflm;.n was sure for the bond p ty pay surety 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 August 29,2005. J r ` ��,I,,ectorof Public Works orCity Engineer of Huntington Beach, California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) 1, the undersigned, say: i am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF CiOMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Or e County. /i Dated at Huntington Beach, California,this August 29,2005. I/ '/V-151irector of Public Works or City Engineer City of Huntington Reach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) DAIS:!R7l4{1 I CERTIFY THAT,IF THIS SEAL IS AFFIXED IN PURPLE INK,THIS IS A TRUE AND COUNTY-CLERK RECORDER CORRECT COPY OF THE PEFMIANEN I 07;1. RECORD FILED OR RECORDED IN THIS o ` OFFICE. t' ORANGE COUNT'STA fE OF CALIFOI?, A SM 0 7 2005 . FEE .2 t RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating ,,2 (Date)`` 'A, >l!4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: —A7rz4 a (� DATE: SUBJECT: Bond Acceptance have received the bonds for _� 0�4/ 1 (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 43f,!� 3A) Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Council Approval Date) — City Clerk Vault No. � � 1 #27 g:/followuplbondlefferxioc 4,Tj-el CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 10, 2005 JOAN L. FLYNN CITY CLERK Southern California Underground Contractors, Inc. P. O. Box 1747 Brea, CA 92822 ATTN: Mr. George Frost Re: Alabama Street Storm Drain Improvements —CC-1214 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the prolect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Joan I_. C. City Clerk JF:pe cc: Robert F. Beardsley, Public Works Director Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followuplcashconticash con-letter.doe (Telephone:714-536-5227) DECLARATION OF SATISFACTION OF CLAIMS state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: I and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that.the foregoing is true and correct. Executed at on this day of , 2o_. (Location) (Signature of Contractor) A PPRO VED AS TO FORM 17F5NIFER McGRATH,CttyAft m y, PapuZty-ICii_AftQwu7 2� f 3 procedure 01 conticasheon2.doc procedure#15 City of Huntington Beach- Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights . Act and Equal Employment Opportunity Act of 1972 I _ Gentlemen: ..The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS To FORM TJEIFER McaRATFL CityAt�y ah Sutton City Attorney I Z1 I g:tollowuplcashcont\cashcon 1.doc procedure#14 \ ;v • � CLUB,f, J to FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 1 • u't'i,QPn CK (,-�oajjja Q,%J"'rc.,rJ Con+a-or{ Inc. FOR � T� 4 L a b g on a �. l R:.. �N►Aro�_r � TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17, WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON-ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 1 TABLE OF CONTENTS, continued Page No. 33. ATTORNEY'S FEES 17 34. INTERPRETATION OF THIS AGREEMENT 17 35. GOVERNING LAW 18 36. DUPLICATE ORIGINAL 18 37. CONSENT 18 38, CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 18 39. CALIFORNIA PREVAILING WAGE LAW 18 40, CALIFORNIA EIGHT-HOUR LAW 19 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 42. EMPLOYMENT OF APPRENTICES 20 43. PAYROLL RECORDS 20 44, FEDERAL PARTICIPATION 21 45, DAVIS-BACON ACT 21 46. DISCRIMINATION,MINORITIES, ALIENS 21 47. EQUAL EMPLOYMENT OPPORTUNITY 21 48. COPELAND "ANTI-KICKBACK" ACT 22 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 51. ENERGY CONSERVATION 24 52. HOUSING AND URBAN DEVELOPMENT 24 53. ENTIRETY 24 2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 56L%+INQr11 C4.i %* r4c, 1w,derara&& d CentrgA r6 X^C. d FOR II_-41-464 0- S->frirt- Stogr+ti zw*,;, 5,•�,o er�'s6il�t THIS AGREEMENT ("Agreement") made and entered into this �,� day of -bE'C.E M,8 20�t, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 0a 1-'f-tn1 a U44 Qrarowd Cent'yr"'YgST a G California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as X/6a6 8,ra poa'" Z)40,� Sena dEM'r"-/.S in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of agree-'forms/federal 4-20 1 • • work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA agree/form/federal 4-20 2 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the, Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed agreelform ifederal 4-20 3 rhaarA d �•�r h'4rrdrsd f� fy�a�� _ Dollars ($ 98P y7y. �— ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within G1 #{,&.dyed Imp consecutive UsLV-tn- 1DAK6 from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope agree'forms.'federat 4-20 4 of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement 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 the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance agreefform0federal 4-20 5 for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of fire KKnked Dollars ($ SOO."l" ) per day for each and every working day's delay in completing the work in excess of the number of 8gT=1forms1federa1 4-20 6 working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. agree/forms/federal 4-20 7 No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface -or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. S. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agreelfomulfederal 4-20 8 0 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, agree/formslfederal 4-20 9 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 Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. agree!forms.!federal 4-20 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall agree/forms/federal 4-24 11 • 0 furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; agreelformslfederal 4-20 12 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the 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 the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within.the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has agree forms/federal 4-20 13 • i been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agreelforms.'federal 4-20 14 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Cade. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree!formslfederal 4-20 15 TO CITY: TO CONTRACTOR: rr � City of Huntington Beach Sow'C��P+� Cao�'{1Tn%Q VaJQrRraP4 dL :E "`' ATTN: D tl iJ 4 e+b n e o 2000 Main Street Y a K Huntington Beach, CA 92648 12>Co—a. C q 2.S 2.Z 30. SECTION HEADINGS The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. agree/forms/federal 4-20 16 • i 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date agrer/fonwifederal 4-20 17 of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. 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 (S25) for each calendar day or portion thereof for each agree/formslfederal 4-20 18 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. 40. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seg, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agree/forms/federal 4-20 19 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. 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. 44. 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 Agreement 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. 45. 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 agree/forms/federal 4-20 20 • i with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. 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. 47. 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. agree/forms/federal 4-20 21 9 0 To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. 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. 49. 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. agredforms/federal 4-20 22 50. 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 Agreement award, on the United 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. 51. 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 seg.). agreelforms.!federal 4-20 23 52. 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. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. 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. agreelformslfederal 4-20 24 CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 946 Ma By: - ATTEST: - eo? 'p— Ern -- prin name ITS: (circle one)Chairma r ice President ity Clerk l r/a n!r AND APPROVED AS TO FORM: By �Cdyrne print e y ITS: (circle one ecreta hief Financial Officer/Asst. Secretary-Treasurer INITIA ED AND A VED: REVIEWED AND APPROVED: Director of Public Works r��A— Ci Administrator agree./forms/federal 4-20 25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 24 1G10—A—,before me.Julie M.Ormondroyd.Notary Public,personally appeared George Frost Personally[mown to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the .•���voe��oe��eo����o���oo�i„��....� person,or the entity upon behalf of which the person acted, executed the JULIE M.ORMOND;JO�`D� instrument. e Co,.,,h1.#IM2326 t ' tJOTAri'i?ULL]C WITNESS my hand and official seal. 2 R LOS AGeLE CGIi ZY 4 ",..y Cocnr,!.Expres Apnl 2E.._K5 _ •60a�•4U�jgs'"n�a4iCAJ,tp G4gaee�^- Signature o otary u M is Place Notary Sea]Above _Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document late: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name:_ _Individual X Corporate Officer-Title(s):_President _Partner-_Lim ited_G enera _Attorney-in-Fact Trustee —_Guardian Other: Signer is Representing:—Southern California Underground Contractors, Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On� t^fObPl .2$, 2001! ,before me.Julie M.Ormondroyd,Notary Public,personally appeared Jim Jackson Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the ......ea..aa..ar.,...rro.e.aro...... person,or the entity upon behalf of which the person acted,executed the M.ORE-JONDDOYD instrument. 3JULIE C0MM.#1302326 RNOTARY PUBLIC CALIrOANIA S WITNESS my hand and official seal. 2LOS ANGELES COUN1My Comm.Dgires April 26.2G45 ar•ap•ar•ra.rro,:�r_����eereor.er.rrs. - ( _�r\ 0 tLN�N Signatur of otary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual X Corporate Officer-Titie(s):_Secretary _Partner-_i.imited_G eneral _Attorney-in-Fact Trustee _Guardian Other: Signer is Representing: Southern California Underground Contractors, Inc. _ 11 • SECTION C X PROPOSAL for the ALABAIMA STREET STORM DRAIN IMPROVEMENTS From JOLIET AVENUE TO OLIVE AVENUE CASH CONTRACT No. 1214 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE NIAYOR AND MEMBERS OF THE COUNCIL OF HUNT IN GTON 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 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/,or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contra&e undersigned agrees that in the el* of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the propery 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 A," Bn�� the amount of S /G,7a which said amount is not Iess than 10% of the aggregate of the total bid price, as required by the Notice Im°iting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signi6,receipt of all Addenda here nany-: Addenda No. Date ReceivedBidder's Si mature C-a r f+ f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907 State of cal.iforni,.a County of ros Angeles On ter- Z t before me, James C• Jackson, Notary Public OATS NAM£,TITLE OF OFFICER•£.G- 'SANE DOE,NOTARY PUBLIC` personally appeared _ceor a Frost •-! _ __ NAME(S)OF SiGNER(B) 21 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 ac- knowiedged to me that he/she/they executed the same in his/her/their authorized JAMESCRAIG-JACKSON capacity(ies), and that by his/her/their Ir COMM.#149SW7 NOTARY Pusuc•CALIFORNIA o signature(s) on the instrument the person(s), LOS ANGELES COUNTY or the entity upon behalf of which the °onim"mV----"--- person(s) acted, executed the instrument. WITNESS my hand and official seal. ,SIGNATI;R F 146TARY OPTIONAL Though the data below I5 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 11-7 4NMVIDUAL ® CORPORATE OFFICER President rITLe(s) TITLE OR TYPE OF DOCUMENT ' PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S)OR EOTY(IES) Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc, L.';; ;g pe 8:;peag P e; m1993 NATIONAL,NOTARY ASSOCIATION•8236 Remmet Ave„P.O.Box 7104•Canoga Park,CA 91309-71 B4 LIST OF SUBCONTRACTC0 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class _of Work Number /d/c) em u-Y Se „ 4 s y/1 � �1 P cam.Qox M I) sue, P�ve.�-�•�'� C aa-�h C Pss 9&63 3 n 360 1 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 AFFIDAN* TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. soutlm a is aawwwd &4wcto c, 9r�. County of Orange being first duly sworn. deposes says that he or she is p,r'e s+•a- � _ of So Ca 1 U n CA-e r- 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 propose_d 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 breakdovtm 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 bid. soadom - - .uAhmzowcd Co /ccut��, 9Ew. Name o idder Signfe of Bidder _�.b. &mx 17L-t~7 (3tea Y��2. Address of Bidder Subscribed and sworn to before me this day of 200 4 . JAMES CRAIG JACKSON COMM.#1485807 NOTARY PUBLIC a CALIFORNIA . LOS ANGELES COUNTY Caerrlsgan BapMw Apu 20,mpe NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR A-N-D 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 ALA-BA-MA STREET STORM DRAIN IMPROVEMENTS, (I)(tive)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700,as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are nece assure compliance by any said subcontractor or subcontractors with the requirements ontained rein. Contract r By Title Date: C-s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of L°s Angeles On �r)r-fo �eq-- 12,2 before me, James C. Jackson, Notary Public DATE NAME.TITLE OF OFFICER.E.G.,'jANE oOE.NOTARY PUBLIC' personally appeared 222Kge Frost NAMEIS)OF SIGNER(SI ® 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized JAMESCRAIGJACKSON capacity(ies), and that by his/her/their b COMM.;M1485807 � NOTAW PUBLIC•CALIFOMA 4 signature(s) on the instrument the petson(s), LOS AWELES COUNTY or the entity upon behalf of which the conv'`"-- ---- person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OFAOTARY 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 President TlrtEisl TITLE OR TYPE OF DOCUMENT -J, PARTNER(s) ❑ LIMITED ❑ GENERAL Lj ATTORNEY-IN-FACT NUM81=R OF PAGES ❑ TRUSTEE(s) ❑ GUARpiAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(Si OR ENTITY(IES) Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL-NOTARY ASSOCIATION•B236 Rommat Ave.,P.O.Box 71154•Canoga park,CA 1)1309-7164 D*UALIFICATION QUESTI0,40AM In accordance with Government Code Section 14;10.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ©No If the answer is yes, explain the circumstances in the space provided. Note; This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COASENSATION INSURAINCE CAIFICATE 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 requires every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that and I will comply with such provisions before commencing the performance of e wor of this contract. s utl�tn urrzowcd Cri�icact��, ;�rcc, ontractor By Title Date: 7 C-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 cam State of_ Cglifornia T County of Los Angeles On r2{_fv e--,r- Q, Cc­'y before me, James C. Jackson, Notary Public :)A-E NAIAE.TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared ceo a Frost I - NAME(5)OF SIQNER;81 personally known to me - OR - D. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that he/she/they executed JAMESCRAIGJACKSON the same in his/her/their authorized COMM.#1485807 ; capacity(ies), and that by his/her/their NOTMYPtIBUC*MIFOMLA o signature(s) on the instrument the person(s), LoS MULES COUfM or the entity upon ' behalf of which the Cormi.slon 8xpin.Apra 24 zoos ----------------�ARA! person(s) acted, executed the Instrument. WITNESS my hand and official seal. SIGNATURE NO RY 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 L2 CORPORATE OFFICER President TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING, NAME OF PFRSON(S)OVF EN-nTY1IES) _Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL.NOTARY ASSOCIATION 8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91 309-7 1 84 ONDERGRQUND SERVICE AORT IDENTIFFICATION 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 421614217 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 nvo working days before scheduled excavation. Dig Alert Identification Number: s u &"Wklu. 9►, C tractor By Title Date: aGt' 12. 2CV"f Note: This form is required for every Dig Alert Identification Number issued by U.SA. during the course of the Work, Additional forms may be obtained from the AGENCY upon request C-8 r e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On e,,,- ") L(� before me, James C. Jackson, Notary Public DATE NAME,TITLE OF OFFICER•E.G.,-JANE DOE.NOTARY PUBLIC personally appeared g22E2e Frost t NAME(S)OF SIGNER(S) I 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized JAMES CRAIG JACKSON ca acit les and that b his/her/their S COMM.#1485807 s P Y( ), Y 1 NOTARY PUBLIC*CALIFORNIA o signature(s) on the instrument the person(s), LOS ANGELES COUM or the entity upon behalf of which the con-"-et pkn ape a 2M person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE F NO RY 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 ❑X CORPORATE OFFICER President rlrLElsi TITLE OR TYPE OF DOCUMENT `i PARTNER(S) ❑ LIMITED s— ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑_ TRUSTEE(s) L GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PER5ON,5)OR ENTITY,IES) Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION•9238 Rammat Ave.,P.O.box 71 e4•Canoga Park,CA 01309-7184 • BIDDER'S INFORMATIIO BIDDER certifies that the following information is true and correct: Bidder Name , a B -7`-f 7 Business Address rlle z g 22 City, State Zip SG 2) e-(2-5 -- 0- Telephone Number State Contractor's License No. and Class Original D e Issued j7� 2igo S Expiration Date The work site was inspected by dos of our ofce on DG t l 1 ,200Y, The following are persons, firms, and corporations having a principal interest in this proposal: The undersigned is pre�&to satisfy the Council of the City oontington Beach of its ability, Y w financially or otherwise, t orm the contract for the proposed work and improvements in accordance writh the pl and sp ifications set forth. sout/c�rn GGcd�icgd C°a�, 9nc. ompanye Signature Bidder INI Printe or Typed Signature Subscribed and sworn to before me this 12, day of�(�C- - , 200 4 ------ ------- -F DAMES CRAIG JACKSOr F COW./148W NOTARY PU W 0 CALEMIA o WS AMM S COUNTY NOTARY PUBLIC c""""Mew "Aw a aw NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. e,e .,. _ .. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 . Rev 12/17/03 Southern California Underground Contractors, Inc. Contract References Los Angeles County Department of Public Works, $1,471,000 "Atlantic Avenue - Phase II" (Compton) Mr. Johnny Oghoorian (626) 712-4820 Mr. Issa Adawiya(626) 786-5807, (626) 458-4931 Los Angeles County Department of Public Works, $6,200,000 "Project 9037" (Long Beach) Mr. Rene Bracamontes (626)487-9254 City of Yorba Linda, $723,000 "Denver Avenue Storm Drain" (Yorba Linda) Mr. Scott Walker(714) 8754714 (714) 986-9546 Los Angeles County Department of Public Works, $138,000 "Project 554" (Monrovia) Mr. Victor Bermude (626) 688-8275 Los Angeles County Sanitation Districts, $8,380,000 "Joint Outfall "H", Unit 2" (Paramount) Mr. David Haug(310) 830-8050 Mr. Dan Cory(310) 701-4925 Los Angeles County Department of Public Works, $504,000 "110"' Street Drain" (Athens) Mr. Jimmy Shadab (310) 770-1990 Los Angeles County Sanitation Districts, $1,404,000 "Wright Road Replacement Trunk Sewer" (Long Beach) Mr. Jon Ganz(310) 830-8050 City of Seal Beach, $652,000 "Seal Beach Boulevard Rehabilitation" (Seal Beach) Mr. Gary Tomasetti (714)412-2262 City of Beverly Hills, $259,000 "Roxbury Drive Storm Drain" (Beverly Hills) Mr. Ara Maloyan (310)285-2557 Rev 12/17/03 Page 2 of 2 Contract References County Department of Public Works, $1,102,000 "Access Roads Project" (Los Angeles County) Mr. Jimmy Shadab (310) 770-1990 Los Angeles County Department of Public Works, $721,000 "Hollyhills Drain" (Beverly Hills) Mr. Tony Tajoli (626) 695-7292 Los Angeles County Department of Public Works, $1,200,000 "De Soto Avenue Drain " (Chatsworth) Mr. Gary Ewells (626) 335-3966, (805) 338-3654 City of Rialto, $270,000 "Baseline Waterline" (Rialto) Mr. Mark Devlin (909) 820-2533 Los Angeles County Department of Public Works, $5,800,000 "Devonshire Drain-Unit 1" (North Hills) Mr. Del Quevedo (626) 458-63I0 City of Vernon, $1,220,000 "CMD Sewer Phase 11" (Vernon) Mr. Vince Rodriguez(323) 583-8811 Los Angeles County Department of Public Works, $2,300,000 "Burnett Drain" (North Hills) Mr. Imad Abboud (626)458-3104 Los Angeles County Department of Public Works, $2,200,000 "Paula Drain" (Glendale) Mr. Ruben Amezcua(323) 720-9768 City of Chula Vista, $81,000 "Halecrest Drive Storm Drain" (Chula Vista) Mr. Byron Wade (619) 476-5385 Los Angeles County Department of Public Works, $880,000 "Bombardier Drain" (Norwalk) Ms. Sumitha Shivel (626) 458-3104 • BIDDER'S CERTIFICATION* HOUSING AND URRBAN DEVELOPMENT ACT OF 1968 AS AIvIMENDED IN i 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder,under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner,partner, director, officer, or manager(initial the applicable selections): 1 Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall a e prime contractor's sub-contracts related to this project. Contractor: saute Gl►tdrirgRaund Co, iiuctofu, yc. Contact Perso 5t Contact Phone. Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992(HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On If2rjv b e- - 00 before me, James C. Jackson, Notary Public DATE NAME TITLE OF OFFICER-E.G.,`JANE DOE,NOTARY PUBLIC' personally appeared ceor a Frost I NAME(5)OF SIGNER(S) personally known to me - OR - I❑ 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 ac- knowledged to me that he/she/they executed JAMES CRAIG JACKSON the same in his/her/their authorized COMM.#1485807 ie capacity(ies), and that by his/her/their NOTARYPuBLIC0CALIFORNIA a Si natures on the instrument the erson s , LOS ANGELEs COUNTY g ( ) p ( ) CWM9 0A09INSn�I2a X or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r SIGNATURE OF NQAFIY 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 El INDIVIDUAL - ® CORPORATE OFFICER President TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL _ ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ^ r� LJ TRUSTEE(S) (❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTI'Y(IES) Southern California UndeEground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. ©7 993 NATIONAL NOTARY ASSOCIATION-6236 Remmat Ave.,P.O.Box 7164-Canoga Park,CA 91 309-7 1 04 City of Huntington Beach . Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For ALABAMA STREET STORM DRAIN IMPROVEMENTS, CC 1214 September 24, 2004 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Revised Title Sheet with rebid due date as October 12, 2004 Section A with revised Bid Opening date. EPA required MBEIWBE "Fair Share" Goals Addition of Water-tight joint specification for HOPE Pipe Updated federal wage rates This modificasion does not&ange tie Engineer's Estimate or this project. This is to acknowledge receipt and review of Addendum Nu at September 24, 2004. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Douglas A. Erdman at(714) 374-1735. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na.5�7 State of California`_ County of Los Angeles On -fr e.>r- before me, James C. Jackson, Notary Public CA-E NAME.TITLE OF OFFICER•E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared C-Peorge Frost NAME(5)OF SIGNER(S) 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized JAMESCRAIGJACKSON capacity(ies), and that by his/her/their S COMM,#1485807 signature(S) on the instrument the persons), NOTARY PUBLIC•CALIFt IIA o ar the entity upon behalf of which the LOS ftoWnEEIMAprN COUNTY acted, executed the Instrument. lmmmmmmm %&W%%iAAA&%%%" c.«anr..ran e>�..,�u zs,moe person(s) WITNESS my hand and official seal. SIGNATURE ,NOIARY ' OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent Iraudutent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLEISI TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL I7 ,~i ATTORNEY-IN-FACT NUMBER OF PAGES Q TRUSTEE(s) LJ GUARDIAWCONSERVATOR OTHER: DATE OF DOCUMENT SIGNER is REPRESENTING: NAME OF PERSON(S)OR ENTITY(IFS) Southern California_Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91300-7104 THE AMERICAN INSTITUTE OF ARCHITECTS fa AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Southern California Underground Were insert full name and address or legal title of Contractor) Contractors,Inc.,P.O.Box 1747,Brea,CA 92822-1747 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company, 1575 Treat (Here insert lull name and address or legal title of Surety) Boulevard,Suite 208,Walnut Creek,CA 94596 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid Dollars {S 10.00% I, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Contract No. 1214 (Here rnsert full name,address and description of projectl Alhambra Street Storm Drain NOW, THEREFORE, if the Obligee shall accept the bid of the Princ- d the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give suc and bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithf performa ce of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, r in the eve t of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay o the Oblige the difference not to exceed the penalty hereof between the amount specified in said bid and such larger a ount for whit the Obligee may in good faith contract with another party to perform the Work covered by said bid, then is obligation sh II be null and void, otherwise to remain in full force and effect. Signed and sealed this 5th day of October 2004 S them Califqrni Underground Contractors,Inc. al) (Seal) (Witness) By; st Ip—mT (Title) International idelity Insurance Company (Surety) (Seat) (Witness) By; _ Z�S� See Attached Surety All-Purpose (Title) Notary Acknowledgment Form Mark E. Shreckengast Attorney-in-Fact AIA DOCUMENT A310• BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ® Printed on Recycled Paper 9193 CALIFORNIA ALL-PURPOSE CKNOWLEDGMENT • No.s9o7 State of calif rnia _ County of Taos Angeles On eY— - Cc­' before me, James C. Jackson, Notary Public OA1"E NAME.TITLE OF OFFICER•E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared ___qeqrge Frost , NAMEISI OF SIONER(S) ® 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized JAMESCRAIGJACKSON capacity(ies), and that by his/her/their COW.#1485W7 signature(s) on the instrument the person(s), NOTARY PUBLIC*CALIFORNIA g LOS ANGELES COUNTY or the entity upon behalf of which the C-UN 1onEwft"W1AON person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE CfNi6fARY 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 President TlTLE151 TITLE OR TYPE OF DOCUMENT Ell PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: -- -- -- - DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF Pffk"Sl OR ENTUY(lM Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL.NOTARY ASSOCIATION+8236 Remmet Ave.,P.O.Box 7184•Canoga Park,GA 81309.7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 5 2004 ,before me, Laura L. i-lanna,Notary Public, personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the 76 L. �Hp instrument. COMM.#1452703 NOTARY PUBUC,C1Sl.IIDIii A� WITNESS my hand and official seal. I.OS rwcEIZS DOUM I T My Carnm.ExpIrw Ncm 73,2aQ7 t Signature of otary Public Place Notary Seal Above Optional 'Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name:_ Individual Corporate Officer-Title(s): -Partner--Limited-General X Attorney-in-Fact Trustee _Guardian Other: Signer is Representing: Tel(973)624-7200 p WER OF ATTORNEY INTERNATIO FIDELITY INSUTAE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFMAVUS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARK R. SHRECICENGAST, TULIE M. ORMONDROYD Los Angeles, CA. its true and lawful attomay(s)-in-fact to execute,seal and deliver for and on its behalf as surety:any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof. which are or may he allowed,required or perzrvtted 6y lawt statute rule regguulation,contract or otherwise.and the execution of such instrement(s) in pursuance of these presents, shall be as binding upon the card 94IM4TIONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate 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. QF,1,1jY lys IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be 4\ gyp_ t✓ signed and its corporate seal to be affixed by its authorized officer,this 3lst day of August,A.D. 1998. x vO A � INTERNATIONAL FIDELITY R48URANCE CSE rM STATE OF NEW JERSEY r 1904�` pp County of Essex JE ll;l� Vice-PrAid= On this 3)st day of August 1998,before me came the individual who executed the preceding instrument to�me personally known,and,being by me duly sworn,said the be rs the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company,that the said Corporate Seal and his signatu=were duly affixed by order of the Board of Directors of said Company. �j1AR � IN TESTIMONY WHEREOF,I have hereunto set my band affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. CO Q NOTARY PUBLIC JE A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21.2005 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 5th day of October 2004 Assistant Secretary PROJECT BID SCBEDULE e[n:>:: T50maga.:: F... :: .Na;:::::..tuun�t : ::.writtrtatirva�-ds:=:::::: :�,'ni�Frice :•'::Amount 1 i Mobilization �/ -! L.S. - /H u��lICP^ DO ,, $ 0� $ '-' ----r---- 2r &-4 d Cents Per L.S. 2 1 T.ramc Control L.S. n c-Sa,&I Dollars $ Cents Per L.S. 3 1 Shoring&-L gBrra-cing �,`` L.S. r Y�h + {.Y- LI-A4oilars S (OD,VoQ� $ .-10 001 1 1\, P rU Cents Per L.S. 4 216 Install24"HDPE Storm Drain Laterals L.F. ,� - -- CIA? AtL/ Dollars $ 00%— $23'�•- R e-4-0 Cents Per L.F. 5 3675 Install 42"HDPE Storm Drain Main p L.F. r F oilers S 6�1 Cents Per L.F. 6 13 Construct Junction Structure,Type D EA. rry Qr V-> !�2"k*W( Dollars $ ?ar O Cents Per £A. 7 1 Construct Concrete Callar n EA. ® -- /tee ktftCA -CgGr Dollars S S R-4p4o Cents Per EA. $ 8 Construct Catch Basin&Local Depression EA. C Dollars Cents Per EA. 9 905 Remove&Replace Curb,Gutter&Sidewalk L.F. 'Ja _ 1 k.!•t~.A-l+irw,Dollar, $ ��� $ 2-2�_ Cents Per L.F. 10 1 Remove and Replace Existing Handicap Ramp . Cents Per EA.. .� _ PROJECT DID SCHEDULE .. tepl......... .......... ...... ...A YO M:unit .. ....... .... ... .�rIC...... .. 11 76 protecuReptace Existing Utility Service Laterals EA. @ Dollars S 22,0C.0.1- _Cents I Per EA. 12 2 Remove Interfering Portions of Water Line,construct Inverted siphon assernbiv EA. ^ate F—i'(A Dollars Roca- $ 060,- rA -e-f Q Cents Per EA, 13 I Remove Interfering Portions ofWaEer Line,construct Siphon assembly F.A. Dollars etr 0 Cents Per EA. 14 5 Remove and Relocate Interfering Portions of Sewer Line EA. @ Dollars S Ccv.— $200�- - 0 Cents Per EA. is 2 Install AirNacuum Re!ease per City Standards EA. @ Dollars s-3 ig. Cents I Per EA. 16 108620 Slurry Seal,Type 1,fall width of traveled way an Alabama St. S.F. @ GP O Do,,,, $ 7;L'Y. Cents Per S.F. 17 1 Replace Existing Pavement Striping per City Stanards LS �LA-X&ACO Dollars S $ 20c9or Cents — Per LS Project Signage(81 x 4')Verbage to be determined at a later date IS 2 (Samples in Specifications) EA. @ Amggnt�Dotia, s goo:- $ (000. - - 0 Cents I Per EA. Total Amount Bid in Figures:$ Total Amount Bid in Words: I" ....................................... . ................ .............0........ 11MV JrA..... ......... .. ....... ...........- C-2s RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Cleric's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION M10 TO: . Sh ri Freidenrich, City Treasure / FROM: r DATE: S SUBJECT: Bond Acceptance l have received the bonds fore-� 2(Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. �;,,//2�,74qU,r ,, s Re: Tract No. CC No. /C9 A4 MSC No. Approved Agenda Item No. (Council Approval Date) City Clerk Vault No. . #27 g1ollowuplbondietter doc THE AMERICAN INSTITUTE OF ARCHITECTS 10 Executed in Two Counterparts Bond Number: 0386380 Premium: $7,797.00 Final Premium Based on Final Contract Amount AIA Document A372 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Southern California Underground Contractors,Inc. International Fidelity Insurance Company P.O. Box 1747 1575 Treat Boulevard,Suite 208 Brea,CA 928 2 2-1 747 Walnut Creek,CA 94596 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 CONSTRUCTION CONTRACT Date: October 27,2004 Amount:Nine Hundred Eighty Eight Thousand Four Hundred Seventy Four and No1100 Dollars $988,474.00 Description (Name and Location):Alabama Street Storm Drain Improvements,Cash Contract No. 1214 BOND Date (Not earlier than Construction Contract Date): October 28,2004 Amount: Nine H dred Eighty Eight Thousand Four Hundred Seventy Four and No/100 Dollars $988,474.00 Modification o t is Bond: ® None ElSee Page 3 CONTRACT R AS RINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Southern Cali mi erground C etors, Inc. International Fidelity In J ancce Co any h Signature: _ Signature: "' V Name and Title 6C"5 - Ftc�sr) Name and Title:mvrk E. Shreck ast,Attorney-in-Fact (Any additionak signatures appear on page 3) (FOR INFORMATION ONLY--Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Summit Surety Insurance Services other party): 1490 Colorado Boulevard ROVED AS TO FORM Los Angeles,CA 90041 (323)256-0126 NIF R IcGRATH,City A�pmel II�171 ai`� AIA DOCUMENT A312• PERFORMANCE tjoND AND PAYMINT BAND• DECEMOER 1984 ED_ •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N-W WASHINGTON, Q.C. 20006 A312-1984 1 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 if the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in Paragraph provided in Subparagraph 3.1. 4 with reasonable promptness,the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner. notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right lion Contract. if the Owner, the Contractor and the to complete the Construction Contract, and it the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the Contractor's right to complete Owner under the Construction Contract.To the limit of the amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of Glared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 3.3 6.1 The responsibilities of the Contractor for correc- The Owner has agreed to pay the Balance Contract Price to the Surety in accordance withh the the lion of defective work and completion of the Conslruc- terms of the Construction Contract or to a contractor lion Contract; selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of the Surely graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4; and pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4. are specified in the Construction Contract,actual dam- Owner,Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor- mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner orothers for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con- lion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change, includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the lions. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation,determine the amount for prohibited by law,the minimum period of limitation avail- AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. -AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE.. N.w.,WASHINGTON. D.C. 20DO6 A312-19M 2 THIRD PRINTINC•MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable_ the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12-2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contractor under the tractor as required by the Construction Contract orto Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature. Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA g THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON,D.C. 2woh M12-ISM 3 THIRD PRINTING 0 MARCH 1987 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On rjejo 1)*,r 2$ uX:111 ,before me,Julie M.Ormondroyd,Notary Public,personally appeared George Frost Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same ear.a.:ase[�aoee�o�eee+er.soveaeaaaeee c, in his authorized capacity,and that by his signature on the instrument the JUVi=AA.opt, q'0101u(D °. person,or the entity upon behalf of which the person acted,executed the #13023Z'o t, instrument. r t�";,P:Cr3_eS CAL T I Apai 23,205 WITNESS my hand and official seal. Signature o tary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document_ Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual X Corporate Officer-Title(s):_President Partner-_Limited_General —Attorney-in-Fact _Trustee Guardian Other: Signer is Representing: Southern California Underground Contractors, Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 28,2004 , before me, Laura L. Hanna,Notary Public,personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. DO�LAURA L HANNA comm.#1452703 WITNESS my hand and official seal. NOTA"PUBL1 C,GILI FORN IA LOS ANGELES COUNTY My Comm.EOM4 Nov.23.2007 Signature of Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual _Corporate Officer-Title(s): —Partner--Limited—General X Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: THE AMERICAN INSTITUTE OF ARCHITECTS )executed in Two Counterparts Bond Number: 0386380 10 Premium: Included in Performance Bond AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Southern California Underground Contractors,Inc. International Fidelity Insurance Company P.O. Box 1747 1575 Treat Boulevard,Suite 208 Brea,CA 92822-1747 Walnut Creek,CA 94596 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 CONSTRUCTION CONTRACT Date: October 27,2004 Amount:Nine Hundred Eighty Fight Thousand Four Hundred Seventy Four and No/100 Dollars $988,474.00 Description (Name and Location): Alabama Street Storm Drain Improvements,Cash Contract No. 1214 BOND Date (Not earlier than Construction Contract Date): October 28,2004 Amou nt: Nine Hundred Eighty Eight Thousand Four Hundred Seventy Four and Noll00 Dollars $988,474.00 Modification o is Bond: None ❑ See Page 6 CONTRACT AS INCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Southern Calif nder oun Contractors, c. International Fidelity I ran5--., ce C pan Signature: Signature: M�� -- -- Name and Titl t ert+� �r os*1 P�� Name and Title: ark E. Shre ngast,Atto -in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Summit Surety Insurance Services other party): 1490 Colorado Boulevard ROV1~D AS TO FOR�ti7: Los Angeles,CA 90041 (323)256 0126 �OVANIFER NU BATH, City At►���� l AIA DOCUMENT A311• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE Of ARCHITECTS, 173S NEW YORK AVE., N.W.,WASHINGTON,D.C. 20DUd A312-19M 4 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant, with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, - amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- B Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- 4A Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 1D The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4-2-3, or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con-- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- Lice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety,-the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrorn and provisions con- Owner to the Contractor or to the Surety. that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AJA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT$ONO•DECEMHER 1984 ED •AIAO THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW PORK AVE.,N.W.WASHINCION,DC-20006 A312-1984 5 THIRD PRINTING•MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor,materials to be made. or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 1S.1 Claimant:An.individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion ir1 the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT AM2- PERFORMANCE 60-ND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON,D.C.20006 A312-1%4 6 THIRD PRINTING•MARCH 1987 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 0006 e - 2811ayy ,before me,Julie M.Ormondroyd,Notary Public,personally appeared George Frost Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the ♦9�Y0{.:3o/9G690.fC:i.+..-+rr••u-. "_'•'• �uV%� : person,or the entity upon behalf of which the person acted,executed the instrument. '— ' ^s�•t ="f��Lt' =' WITNESS my hand and official seal. :.=z Apl,i .CG7c a a1a:•�.a.,�'+a..eew r.a.a o.•a.+e Sign" f Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual X Corporate Officer-Title(s):_President _Partner-_Lim ited_Gene ral _Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: Southern California Underground Contractors, Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 28,2004 _,before me,Laura L_Hanna,Notary Public,personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the LAURA L. HANNA instrument. COMM.#1452703 S NOTAAy Puaelc CAUFORNIA M. WITNESS my hand and official sea]_ LOS ANGEL ES COUNTY MY COMM-Edna Nor.23,2007 KY6,Lt�� L� gnature of Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual _Corporate Officer-Title(s): —Partner--Limited—General X Attomey-in-Fact _Trustee _Guardian Other: Signer is Representing: Tel(973)b24 72oa ER:pF 'ATTORNE INTERNATIONALS FIDEIIITY..INSV ANCE COMPANY HOME OFFICE: ONE N£WARK CENTER.20TH FLOOR # NEWARK, NEW JERSEY,07102-5207 KNOW ALL MEN BY THESE.PRFSENTS: That.INTERNAT16NA.L FIDELITY INSURANCE COMPANY, a corporation organized and existing }_,laws of the State of New Jersey,and having,its principal office:in the City of.Newark.New Jersey does.hereby_constitute and-appoint :MARK'E. SHRECKENCAST, '31ILIE.id ORMONDROYD Los.--:Angeles; CA. its true and 1awfjI attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety,an},and all bonds and undertakings,contracts of indemnity and other:writingsoblioatory_rn.the nature thereof,,which are or may be allowed, required or permitted by�-law; statute, rule, regulation, contract or otherwise, and J° the execution`:of such:instiument(s) in pursuance_'of these presents, shall be.as:binding upon the said INTERNATIONAL--FIDELITY INSURANCE .COMPANY, as fully.and amply.}to all inien[s.and purposes, as if the same had been duty executed and.acknowledged by its regularly electedofficers at its principal office. This Power of.Anorne�y is executed,and may:+be rt voked,`pursuant to and by authority of Article 3 Section 3, of the By Laws adopted by the Board:of Directors of INTERINATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on'the-7th day of February, 1974. The Presider'.t or any Vice President, Executive'Vice President, Secretary or Assistant Secretary,shall have power and audwrity (i)To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings; contracts of indemnity and other writings obligatory in the nature'thereof and, .(2)To remove,at any time;any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors`of said Company adopted at a meeting duty called and held on the 29th day of April, t982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may he affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall he 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 undettaking to which it is attached. �E1,1ly!Hf IN TESTIN40NY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be, sighed and its corporate seal to be affixed by its authorized officer,this 3lst day of August,A.D. 1998. ' 4�p0 INTERNATIONAL FIDELITY INSURANCE COM NY .SEAL ram*+ `Z 1904 Q STATE OF NEW JERSEY sty g as Couray.of Essex .�l/`►1 � b Vice-Pr ident On this 31st day of August 1998,-before.me'came-the individual who executed the preceding instrument, to me personally knor><n. and, being by me duly -sworn; said the he rs the therein described arid authorized officer of the... INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to ksaid-uutrument is the Corporate.Seal of saidCompany; that the said,-Corporate Seal and his signature°were duly affixed by order of the Board of Directors of •said Company. "-: IN.TEST12MONY WHEREOF-:I have trrreunto set my hand.affixed my.Offi`ial Seal, ��- at the City of Newark,New Terser'the day and year first above written CODINOY:AsY . ... O' cr -�_ PUBLIC _ ^' A NOTARY PUBLIC OF.NEW IERS) Y CERTlFlCATIOh -My Cotiimission Expires Nov.2%.2005 . 1,the undersigned officer of 1. RNATIONAL FIDELITY INSLRANCE COMPANY do hereby certity that I have compared the foregoing copy of the Power of Attorney%and'affidavit,and the copy at the Section of the By-laws of said Company-as set forth in saki-Power of Attorney,with the"ORIGINALS ON. <:-1N THE HOME OFFICE OF SAID COMPANY.and that die same are correct transcripts thereof,and of thi'whoie of the said originals,and that the saidTower - '.�of,Attontey has not.been revoked and is uow in full force and effect I[�iTESTIb4C1NY':WN6lt>;OF, I'have hareuittn set m}.hand this 2.$thttay of: OCtoex,_±200�t S 5 Assistant Secretary ': Company Profile Page i of z Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER zoTH FL NEWARK, NJ 07102-5207 Agent for Service of Process KEVIN CHAMBERS, 1575 TREAT BLVD. SUITE 208 WALNUT CREEK, CA 94598 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 11592 NAIC Group a: 0000 California Company ID w 4341-4 Date authorized in California: February og, 1996 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information I� Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://cdinswww.insurance.ca.gov/pis/wu_co_prof/idb_co_prof utl.get_co_prof?p_EID... it/15/2004 Company Profile . z of z Want More? 0 Page Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-November 04, 2004 im8 AM Copyright© California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get co_proPp_EID... 11/15/2004 T i e ACORD CERTIFIC E OF LIABILITY INSURA DAT NOVl1 0 TM. 4 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BACCARELLA INSURANCE SERVICES,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6864 INDIANA AVE.#201 /)/) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR RIVERSIDE CA 92506 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ()� vcJ/_/� V�LT �� INSURERS AFFORDING COVERAGE NAIC# ICJ �_C-�-�. .K_ -- . - � - - - INSURED INSURER A: LANDMARK AMERICAN INSURANCE COMPANY SO.CALIFORNIA UNDERGROUND CONTRACTORS,INC. INSURER B: CENTURY NATIONAL INSURANCE COMPANY P.O.BOX 1747 � INSURER C: STATE COMP INSURANCE FUND BREA CA 92622 ///b OS-C 7U1�` �+Gr INSURER D: THE INSURANCE CO OF THE ST OF PENN INSURER E: COVERAGES 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 -HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS- EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR AM% TYPE OP INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRP DATE IMMIDI]/YY DATE M 19 GENERAL LIABILITY LHA124924 DEC 3 03 $_ 1,0.00,000 DEC 3 04 EACH OCCURRENCE— X COMMERCIAL GENERAL UABILITY DAMAGE TO RENTED $ 50,000 PRFMISFRay�wnrnT CLAIMS MADE X - OCCUR_ °MED.EXP(Any one person) $ 5,000 A -_ - - - _ PERSONAL&ADV INJURY $— 1,000,000 GENERAL AGGREGATE $ _ 2.000,000 -GEN'L AGGREGATE LIMIT APPLIES PER, ;PRODUCTS-COMPIOP AGG- -S 2,000,000 —. POLICY i X .PROJECT I�'LOC AUTOMOBILE LIABILITY BAP140531 OCT 4 04 OCT 4 05 -COMBINED SINGLE LIMIT ANY AUTO (Ea accident) S 1,000,000 ALL OWNED AUTOS BODILY INJURY ' X I SCHEDULED AUTOS (Per person) S B — HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ TO VED S TO FORM: °....— ---•--- -... ...----- ---- %�' PROPERTYDAMAGE S 11 (Per accident) GARAGE LIABILITY NIFER McGRATH,City Attorney -AUTOONLY_EAACCIDENT__$_ ----_ ANY AUTO OTHER THAN EA ACC'S — - AUTO ONLY: s— ------ ARQ _Exc_ESS f UMBRELLA LIABILITY 42031221 DEC 3 03 DEC 3 04 EACH OCCURRENCE 'S _ _ 4,000,000 X OCCUR CLAIMS MADE - AGGREGATE-- — S 4,000,000 D , a ----' DEDUCTIBLE ..--5----------- -- - RETENTION S 0. m S ---- -- WORKERS COMPENSATION AND X IAC STATU- m OTHER i 04601457204 AUG 1 04 AUG 1 05 .EMPLOYERS'LIABILITY ----:_TORILLII&TG _ _.-__ .__..__.—._._.. E-L EACH ACCIDENT iS 1,000,000 C "ANY PROPR1870R ffJ R (ECUTIVE OFFICER.'MEfitBER EXCLUDED? _ ,E-L.DISEASE-EA EMPLOYEE 'S 1,000,000 EXCLl1 ' -If Vef,eeecnbe under ---- SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT JS 1,000,000 OTHER: DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 DAY NOTICE FOR NON PAYMENT OR NON REPORTING OF PAYROLL` RE: ALABAMA STREET STORM DRAEN IMPROVEMENTS,CASH CONTRACT#1214. CITY OF HUNTINGTON BEACH,DEPARTMENT OF PUBLIC WORKS,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS ARE HEREBY NAMED AS ADDITIONAL INSURED PER COMPANY FORM ATTACHED. WAIVER OF SUBRO APPLIES TO WC. FORM ATTACHED, CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30' DEPARTMENT OF PUBLIC WORKS DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,AW 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 A RIZED REPRESEN r Attention: DAVID M.VERONE ACORD 25(2001108) Certificate# 16309 0371933 0 ACORD CORPORATION 1988 • i LANDMARK AMEWCAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL, INSURED BLANKET - PRIMARY This endorsement rnoc:ilies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organlzatlon: Any oerson or organ+zatior to VvMm of to which you a,e obligated by vrr`ja of a wrtte^ contract or by the issuance or existence of a ❑ermil, to provide insurance such as is af`ofded by thus poricy (if ro entry appears aw;e, nformation required to complete this endcrserr.e-.t will be Shawn rr. the Ceclaral`o'is as applicable to this endo-sernent.) SECTION II • WHO IS AN INSURED is arnerdev, to inctude az an insurmo the person of organ,z3t,on shown in the SGHE OULE, but only w,tn respect 'o'iao:[ay arising out of"your work"for nat -nsurec by or for you. If you are required by a w,,;tten contract to prov;ae primary insurance, :nis policy shall be primary as respects your negligence and SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance apes not apply, but only with respect to Goverace provided by th 5 policy. This endorsement effective 121Ga12C00 forms pail cf Policy Numoer LHA124924 issued to SO CALIPCiRNr,4 uNCERGRCUND CONTRACTORS, ING by t..andmark American Insurance Company Endomement No.; RSG 15001. 0903 Inciudes copyrighted material o'tnsurance Services Office, Inc. 1984 � (CG 20101185) with its permission CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCS FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-27-2004 GROUP: 000046 POLICY NUMBER: 14 572-2 0 04 CERTIFICATE ID: 17 CERTIFICATE EXPIRES: 08-01-2005 08-01-2004/08-01-2005 DCTTY OF EPARTMEFC I AL S TATE 2000 MAIN STREET HUNTINGTQ �48 DOCUMENTNT's ILE AI6 STREET STORM DRIAN This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer(lamed below for the policy period indicated. This policy isgn tt t c upon 30 s wri j the employer. We will also 0euydjFadvn:CoVce ho Is oI y be c nc led riAsTrEpiration. This certificate of insurance is not an insurance policy and does not amend,extend or after the coverage afforded by the policy listed h� ny requirem TGE cument with respect to whI-c�r{1is ce ifi o in rance may b is d C it t su nce afforded by the policy described hereUis s I erms,exclus an AUTHORIZED RE]0AFFICIA R SID IT STATE EMPLOYERS LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEp�O M ED CEDFI T S E L UM3:h—'�NT 08-01-2004 IS ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 10--27-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OP HUNTINGTON BEACH OFFICIAL STATE FUND DOCUMENT EMPLOYER OFFICIAL STATE S CALIFORNIA UNDERGROUND CONTRACTORS INC PO 1 t3REA 9PUND DOCUMENT CA C l%S17 PIN ED.,,-01-2M4 50F 10262E Accept thls cenific to only 6 you sec a taint watermark that reacs'OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF 1 CITY OF9NTINGTON BEACH RLS No. REQUEST FOR LEGAL SERVICES Assn To Jennifer McGrath, City Attorney Date" Date: Request made by: Telephone: Department: 11/16/04 David Verona 8471 PUBLIC WORKS INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance/Resolution ❑ Opinion ❑ Contract/Agreement (Allow 5-20 working days)* (Allow 20 working days)" (Allow 15-20 working days)" ❑ General Legal ® Document Review Assistance (Ongoing) (Allow 2-10 working days)' All deadlines are based on the date the City Attorne 's Office receives the RLS. This reques p rey�ewed and approved. na ure of D ment Head COMMENTS Please identify all attachments to this RLS. Please review and approve"As to Form"the following contract documents furnished by Southern California Underground Contractors Inc. contractor for the Alabama Street Storm Drain Project. Project CC-1214 R E C E I V E D 1. Payment Bond#0386380 2. Performance Bond#0386380 NOV 16 2004 3. Insurance acord 4. Agreement-for signature only(with attachment A) City of HunYt,gton Beach ity Attomey's Office Shaded areas for City Attorney's,Office use only j r This request for Legal Services has been assigned to rn Attoey 6 , s l' extension-. ' His/her secretary is.�: ` , extension Notes: :1. Date.Completed: T M1 rl - •. - - 'r- -4 YF -A• - RLS form.doc 11t1512004 4:58 PM Council/Agency Meeting Held: / 20 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied y lerO Sig re -T Council Meeting Date: 12/20/2004 Depart e D Number: PW-04-088 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION -= '-i f�. r-� SUBMITTED TO: HONORABLE MAYOR AND CITY CO CIL MEMBERS SUBMITTED BY: PENELOPE OL66R—E'�-IGRAAFT,I CITY ADMINISTRATOR = PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WORKS - DAVID C. BIGGS, DIRECTOR OF ECONOMIC DEVELOPM'ffN SUBJECT: Award Construction Contract For Alabama Street Storm Drain Improvement Project, CC-1214 Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: On October 12, 2004, bids were received for Alabama Street Storm Drain Improvement Project, CC-1214. Staff recommends the award to Southern California Underground Contractors, Inc., as the lowest responsive and responsible bidder. Funding Source: Grant funds for this project were awarded through an EPA grant and the Orange County Sanitation District's Cooperative Projects Program. Funds in the amount of $456,162 are available through a Community Development Block Grant and the balance of $404,402 is budgeted in account number 86588008.82600. The full cost of the project is budgeted in Sewer Service Fund, Sewer Line Improvements, 51189002.82600, where funds are available for expenditures in excess of the grant commitments. The engineer's estimate was $1,500,000. Recommended Action: Motion to- 1. Accept the lowest responsive and responsible bid submitted by Southern California Underground Contractors Inc. in the amount of $988,474 for the Alabama Street Storm Drain Improvement Project, CC-1214; 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the sample contract (Attachment 2); and 3. Authorize the Director of Public Works to authorize change orders in an amount not to exceed fifteen percent (15%) of award. Alternative Action(s): Reject all bids and direct staff to readvertise or abandon the project. J� REQUEST FOR ACTION MEETING DATE: 12/20/2004 DEPARTMENT ID NUMBER:PW-04-088 Analysis: The existing drainage for the Alabama Street area consists of four storm drain catch basins that connect directly into a 10-inch sanitary sewer main. At the time of their construction over a half century ago, connecting catch basins directly to the sanitary sewer was acceptable within a small community where no other viable alternatives were available. However, now, this type of connection is not permitted and will be remedied by the storm drain installation. The area is subject to flooding due to the existing drainage inlets being both undersized and connected to the sewer system, rather than to an independent storm drain system. This project will install approximately 3,550 feet of 42-inch storm drain line in First Street and Alabama Street, eliminating the existing storm drain connections to the sanitary sewer in Alabama Street. Curb-opening catch basins will be located to direct flows into the new drainage line. The project extends south on Alabama Street from Joliet Avenue to the intersection of Alabama Street and Atlanta Avenue, and continues south on First Street, where it joins the existing storm drain system near Olive Avenue (Attachment 1). Bids were opened publicly on October 12, 2004, and are listed in ascending order: Bidding Contractor Bid Amount 1. Southern California Underground Contractors, Inc. $ 988,474.00 2. Mike Prlich & Sons $1,024,238.80. 3. Beador Construction $1,185,700.00 4. SRD Engineering $1,239,779.00 5. Mike Bubalo Construction $1,252,100.00 6. Excel Paving $1,295,143.80 7. Andrew Papac & Sons $1,389,123.00 8. Mladen Buntich $1,402,999.20 9. Clarke Contracting $1,418,254.00 10. SoCal Pacific Construction $1,438,074.00 11. 4Con Engineering $1,508,933.00 12. J.A. Salazar Construction $1,545,104.50 13. Savala Construction $1,562,655.28 14. Majich Construction $1,620,959.00 15. GCI Construction $1,650,374.00 The reference check for Southern California Underground Contractors, Inc. provided acceptable responses from past clients. Staff recommends that the City Council accept the bid from Southern California Underground Contractors, Inc., the lowest responsive and responsible bidder. The original budget level estimate sought for the project was approximately $2.2 million. It was under this estimate that grants were awarded by both the EPA and the Orange County Sanitation District (OCSD). Subsequent to the grant application submittal, the Pacific City development was presented. Pacific City was conditioned to construct a segment of the storm drain to accommodate their new development. This activity reduced the scope of work for the Alabama Storm Drain by approximately twenty percent (20%). Public Works staff is G;IR C A12004104-088 Dec 20 Erdman (Award Alabama SD CC 1214).doc -2- 12/2/2004 9;08 AM • REQUEST FOR ACTION , MEETING DATE: 12/20/2004 DEPARTMENT ID NUMBER:PW-04-088 currently working with the EPA to redirect a portion of the grant award to another qualifying drainage project. CDBG funds were awarded in Fiscal Year 2002/03, prior to award of the additional grant funds. As the bid and current estimated costs are substantially less than the available grant awards, any CDBG funds remaining unexpended after project completion will be returned to the Block Grant program. The project is anticipated to be complete by the early spring of 2005. Due to the nature and location of this project, staff is requesting that Council authorize a fifteen percent (15%) allowance for potential change orders. The Downtown/Old Town area is noted for undocumented oil and utility lines that cannot be accounted for or quantified prior to construction. Public Works Commission Action: The Public Works Commission reviewed and approved this project on October 15, 2003, by a vote of 7-0. Environmental Status: Pursuant to the California Environmental Quality Act (CEQA), the project will require a negative declaration. COASTAL DEVELOPMENT PERMIT 03-18 and NEGATIVE DECLARATION NO. 03-04 were acted upon by the Zoning Administrator of the City of Huntington Beach on September 15, 2004, and conditionally approved. Attachment(s): DescriptionCity Clerk's Page Number No.1. Location Map 2. 1 Sample Federally Funded Construction Contract G:1R C A12004104-088 Dec 20 Erdman (Award Alabama 5D CC 1214).doc -3. 12/212004 9:08 AM ATTACHMENT #1 of TOMLUSAAVE co r Mc VE 4DINCEA �r�"J AVE. HER ■ AVE ffi N WARNER � 8 AYE SLA IR A111.1 405 A TAL IERT AYE. PACIFIC �Q7 ELUS 1AVE. D AVE NOT TO SCALE GAR ELD t [iO KWN AVE. ADAMS AVE. D ANAP S AVE- UPSTREAM END OF _ PROPOSED STORM TA AVE DRAIN H I. AVE. OCEAN Om el � C HAN I At LLMftfA C C� Q � o Ur-IfVL;l I' C� C I � C I C C� I ✓ I C < a� DOWNSTREAM END OF PROPOSED STORM DRAIN ALABAMA STORM DRAIN LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17, WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON-ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 1 TABLE OF CONTENTS continued Pam 33. ATTORNEY'S FEES 17 34. INTERPRETATION OF THIS AGREEMENT 17 35. GOVERNING LAW 18 36. DUPLICATE ORIGINAL 18 37. CONSENT 18 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 18 39. CALIFORNIA PREVAILING WAGE LAW 18 40. CALIFORNIA EIGHT-HOUR LAW 19 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 42, EMPLOYMENT OF APPRENTICES 20 43. PAYROLL RECORDS 20 44. FEDERAL PARTICIPATION 21 45. DAVIS-BACON ACT 21 46. DISCRIMINATION, MINORITIES, ALIENS 21 47. EQUAL EMPLOYMENT OPPORTUNITY 21 48. COPELAND "ANTI-KICKBACK" ACT 22 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 51. ENERGY CONSERVATION 24 52. HOliSING AND URBAN DEVELOPMENT 24 53. ENTIRETY 24 2 0 sdmp(t FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and 'between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of agree/forms/federal 4.20 1 work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA agreelforms!federal 4-20 2 40064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed agree/Corms/Cederak 4-20 3 Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within (___ ) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all 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 waiting by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope agree/forms/federal 4-20 4 of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement 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 the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance agree/fonn0federal 4.20 5 for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S ) per day for each and every working day's delay in completing the work in excess of the number of agree.'formsdederal 4-20 6 working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes, CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. agree!forms4ederal 4-20 7 • • No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agreeformsrfederal 4-20 8 13. VARIATIONS IN ESTIMATED {QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, agree/forms/federal 4-20 9 • 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 Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. agrcc.'Fnrrns Federal 4-20 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shalt apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall agree?forms6ederal 4-20 11 • i furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; agreelforms/federal 4-20 12 • • 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the 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 the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TI✓ UMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has agree!forms-Tederal 4?0 13 been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 % %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/forms.+federal 4-20 14 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES-, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/forms/federal 4.20 15 TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. agreelforms?federal 4-20 16 33. ATTORNEY'S FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 34. INTERPRETATIOti OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date agreefformsifederM 4-20 17 of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. 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 agreelrorms/federal 4-20 18 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. 40. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8)hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agreelformsifederal 4-20 19 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. 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. 44. 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 Agreement 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. 45. 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 agreelformslfederal 4-20 20 0 0 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. 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. 47. 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. agree.'formsifederal 4-20 21 • i To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. 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. 49. 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. agree.1forms!federal 4.20 22 50. 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 Agreement award, on the United 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. 51. 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.). agree/forms/federal 4-20 23 52. HOUSENG 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. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. 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. agree.'forms'federal 4-20 24 dmP CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (circle one) Chai rman/P resident/V ice President City Clerk AND APPROVED AS TO FORM: By: City Attorney print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agreefforms:`federal 4-20 25 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Award Construction Contract for Alabama Street Storm Drain Improvement Pro ect, CC-1214 COUNCIL MEETING DATE: December 20, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (wlexhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Attached Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Aftome Subleases, Third Party Agreements, etc. AttachedNot Applicable (Approved as to form by City Attome Certificates of Insurance (Approved b the City Attome Attached AP Y Y Y) Not Applicable Attached Lj Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Bonds applicable)If a Attached El { pp ) Not Applicable Attached Staff Report (If applicable) Not Applicable ❑ Commission, Board or Committee Report If applicable) Attached P ( PP ) Not Applicable Findings/Conditions for Approval and/or Denial Attached pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED' RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Space RCA Author: Erdman PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) SECTION A-1 tention ih-accordance am a Citizen of the United States and a with:the. pro7GoYerry HOiI{E.INVfitHGT:` the California -:^=1 S!ALEDBIDS`=0. rnent';Coder'=Section. resident of the County aforesaid; I am I V' '�`4592,";Trw` antractor + t : ' shall be beneficial owner over the age of eighteen years and not a �IABAruIA.s> �T= ; l,af'tl;easuret;l and shall } recesve' aiiy._'iriterest STOWDAAIN.". therei`-' party to or interested in the below entitled UNpsovE�IENTS::... . I The:AGENCY,'hereby CASN{ONTRACT affirmatively-"ensures matter. I am a principal clerk of the thaYfrninar4.business Aft.-1214IRihe ;':i enterprises' will bei HUNTINGTON BEACH INDEPENDENT, ;;; tITYDER aff°rded:full"opportunity; HUNTMGTONBEACH to..suhmit•-bids -in ired ce a newspaper of general circulation, spouse W-onot-- notice � _,.ptIBLICL NOTICE IS "and r'wdfnot>-be dis- printed and published In the City of HEREBY,`GIVEN;tfiat the `criminated=`against on, CITY,OFANUNTINGTON -Ilia basisrof race;color, Huntington Beach, County of Orange, _BEACH, aIed4biENCY, °nationahorigg„ancestry, invifes��-sealed�oids'�lor psex�-orx7eli-ion_in"any a h e;->a h o v e-;n o t ad consideration'•leading to j State of California, and that attached proiictiand-will_ aceive the:awaidoCcontract. J Notice is a true and complete co as such City:.n-the office `NeZe!i.�sh`all be2Eon ; af.the City,Clerk,;Se`cnnd -si8e`r`ed� `unles'§�.. is; P PY Floor,2000'Main,Street,?prepared Won:!the"'ap-I was printed and published in the Huntington Beacfi;.Cali-� proved'�P.roposal"'forms; fornie 92648, up to the_` in conformance-,with the• Huntington Beach Issue of said hour i6f,Tuesday,2,00,PNt:, 5. Insfiuc#ionsustBidders-� y,�;Octob'er� 5, The='tiiii��musfn'be ac-• newspaper to wit the Issue(s) of: 20 Publicly Bids-.r.i 1, 't e compancai ihi a certified publicly open:,in�,ahe 'check;..cashier;s:�cfieck,' Council Chambers unloss nr.fbidder.'s:bond,made otherwise p6sted:;'� ,-.. payableit0:,the.`AGENCY Copies: of-;the Plans,�lfor lile'latfn aunt-no less Sept . 16 r 2004 Specifications;-,and than 10%11of the'amount contract documents.ora bid:,:-The.-successful Sept . 23 , 2004 �availatilefromthe Office bidder shall be licensed- of lhe'pirector;of:Public in accordance"with Wo'r 2000VMain. provisions,of:Ahe'Busi- Street,.•.Hunlington ness and;aP�ofessions "+ _ Sept • 30, 2004 Beach,`CA';92648,:upon Code:and,shall possess pay nant,,.of'e__$25.00 :a State&-Contractor's` nonrefundable-`fee-,if L•io6We bass.'at the picked-°up,.or payment time:-ofthe bid opening. of.a S35.00 nonretund- �jki j successful- Con. Ohio.fee it-mailed"via tractor-,, and-his-i sub- U,S Postal;'SJrrvice, 'contractors'Jviill'-be Feak..UPS or_any other.. required: to:%possess delivery service"'t;8idder besiness.i.licenses%from declare, under penalty of perjury that shall pay additional.cost aheAGENCY. ' � for special delivery):". ,t " Tfie`AGENCY„resaryes the foregoing is true and correct. � 6 This is a Oavis;Bacon the right tb-reject any; 'project and tfie Federal_I o-a bids, to waive any Regulations -will;:be Regularity"and to take enforced co=Any _ ntract` all fltiids -under advise. entered mto.pursuant to_ merit.jfor a maximum Executed on September 30, 2004 this ,n°ti6o`"w. infer:l perindaf6o'days p C= porate the-provision's-of,-BYJORDERJbf the CITY at Costa Mesa, California. the daids. ral; 'or=i [OUNCIL�j[ol the_CITY. Standards,,whicti'are.on O;F�HIINEVIN(iTON file.at eiieffice,of.-he; BEA{H;'' CALIFORNIA, Director,UFPeblic:Works;'� ih6 :17th giddy- 6t*No- t2000 Main Striet;'Hun i'vam6er tingtori`Boach;CA'92648. Aftwil?Joan L:Flynn; -The"AGENCY;lhii�de-; ;,;{ITY-CLERK OF THE. - ducie�-510% reteRnGoni CITYxOF ` Ffrom.all progress, pay_ HUNTINGTON'BEACH Signature Iments3;The..Contractar. PZi6lli�hed Huntington 9 ,may-'substitute`-an`ags Beach: In endant crowM holderAwrety bi. September 16$23�'30. _equal value. to--the 2004: 093-997 r PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) SECTION A`4Hs:" rate—nnlion-in accordance NOTI(EINVIT* .. neh�Califorrii provisions ia SGovernf am a Citizen of the United States and a _SEceibs.":. 'II inept Cotle);`The . iitractor 'Section s. =' ' -1♦1!''` �: {•shall b4590. e benef cial owner resident of the County aforesaid; 1 am � � �� ofuthe.surety acid-shall ALWAIASTREET....=: � ,_ . ..over the age of eighteen years and not a TTORMP1014� ,'4 I-receive any •interest s d'•" party to or interested in the below entitled IM�RavEKn: .. �The,+AGENCY .hereby CASH CONTRACT affirmatively;ensures that:minority `bTsiness matter. I am a principal clerk of the N;.IfWni� :_: enterprises` willr be aff.�dad.full dpportunity HUNTINGTON BEACH INDEPENDENT, ►�I ►4R j, to-�submit•bids in re- a newspaper of genera! circulation, NUN-- —, N -- - spouse to this notice PUYBLIC :NOTICE IS and 'willnot 'be 'dis- I" crianinaled?,against=-on HEREBY.GIVEN that the printed and published m the City of CITY.:OFuHUNTINGTON tlie.basis°ofzrace;=c`ol.r: "- nationalFo�i"in,ancestr BEACH,'-.,fps_r-AGENCY,' g y,. invites sealed,Fbids-,for sex,,or religion infany Huntington Beach, County of Orange, ;the -ta.b,oue.-stated consideration leading to the award.uf'cont�eat. State of California, and that attached Iprojacts and will receive '_ A such bidsin;the--office No bitl shall'to con-, Notice is a true and complete copy as [of the City:Clerk;Second sideaed. unle'ss it- is (Floor•2000'Main Street; ,preparedf�ron the`.a�aap- IHuntington•Beach', Cali= pr6%r .'!Proposal forms was printed and published in the ffornia,92648, up._to,the in conformance.with the hour -of:2:00' P.M:, oW Instructions Io`Sid ders. Huntington Beach issue of said 12Tuesd004.ay,;, 0ctwhII b„ rhe�eiamm5s6derl ac- 12004.s,Bids, will„be coinpad.hy�acertified; newspaper to wit the Issue(s) of: {publicly,;;open.in.;the check;xcashiera5check, IrCouicil Chambers,unless- or..biddeP's 4.bond made otherwise_post6d., `r i payable;to tha AGENCY ;Copies-,of,the;:Plans; for arlJanaa nt.;no;less Speciticq.i-0iS.- nd than'10'�ofo amount Sept. 16, 2004 contract-documents.are- bid._-,The successful available from the-Office. I bidder shall be'licensed bf-the'Director of,Public' in accordance"with Sept. 23 , 2004 Work-s;''2G00: Mai�� Nrovi3'1ahi;ofuther13 siP' Streef_,;._Huntingtp 'ness,=,and.-Professions n' Sept . 30 2004 Beach: CA'92648,.upon Code'and shall:possess payment. of-a $25.001 a- State A6Mra1St5TS nonrefiintlabie'fee'- if' License.-v.Clasi: at the picked'up. or.paynient.1 f tlme:of.the-bidopening.l of: $35.00`nonrefu'nd- The successfuhi Con• able`l fee if"inailed via-� tractor-.:pdt,his: sub-41 U.S.. Postal:•Service' contractors"-will`;`be; FedEit,-UPS:or:anyother" 'required to possessi deliaery'service:(Bidder) business.licenses from shall pay"additional cosh the`AGENCY. declare, under penalty of perjury, that for special delivery).:: , The:AG£NCY,:reserves� t This is.a Davis-Bacon' th all.e;right-,to reject'any- the foregoing is true and correct. Re ILlt io the ill, b ' i r ijz6Wity_a7wato any', Regulations- will� be' irregularity.an8 to take', enforced:;Anyj contract allx aids under-.-advise-4 I entered into pursuant to ment for:a: maximum.. Executed on p this ,notice 'will -incor-, period of,60 days:l1' `' Se tember 30 r 2004 Ipbrate'th'e provision"s of BY;;ORDIERJof tha•CITY. the``F,ederal Labor COUNCILwtof-j fha..CITY,' Standards,-which are on 10 F�H U NIT.I N 010 N at Costa Mesa, California. file aQhefo2ce of.the' BEACHJrCALIFORNIA, :Director`of Public Works Thi`-17th:day:W No- '200U-Main_Street,:Hun- vembber2009:R` " tirigton Beacfi,CA 92648. l A."Wi Uoon i.Flyynn.'r -The AGENCY wiI1 de-.. CITY1CLERWOF-TFIE`. �ducf,,,�fa`Y10% riatention. .=i-�a�.CIT.Y,OE;.�,-- `fiSmP ill'�prog4ess=pay 'HUNTINGTON;BEACH. Signature invents.--The Contractorf '- P:ulilished H�'ugntin`gton may'=sutistitute�an:es- 'B.each. Indeperide`nt- crow>,holder,`surety -of Sept6` F I6, 23?�'30;: equalYvalue to the 2004" "' 093.997II — �_ 1 i- •� City of Huntington Beach .�; Alabama Street Storm Drain Improvement Project HUNTINGTON BEACH CC-1214 Bid Date& Time : October 12,2004 2:00 P.M. Engineer's Estimate: S1,682,000 BIDDER'S WME RANK TOTAL BID AMOUNT 00 2. Jam' S�� C_rl s a. -T—d 0 . 0 (-,-.J S00 s. EJ6,detA-iAJ6 33 , 00 3 00 7. L 4A)7 7C-,Y-'-1 FL 8.19. 0 6��A — c d 10. .�Z?) "- �. &)XL lk Z40-1 11�j /Lj 5-�45- on 1 r9-L iaAl 5 f 02V 0 (A)CL7Q A)6 00 17. Page 1 of 2 r ;TV C I rip, C�J C A Z004 OCT, 12 P 2: 01 a C-7 13 z C') CD City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER For ALABAMA STREET STORM DRAIN IMPROVEMENTS, CC 1214 September 24, 2004 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Revised Title Sheet with rebid due date as October 12,2004 Section A with revised Bid Opening date. EPA required MBEIWBE"Fair Share"Goals Addition of Water-tight joint specification for HDPE Pipe Updated federal wage rates This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated September 24, 2004. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Douglas A. Erdman at(714) 374-1735. 4 S SECTION A NOTICE INVITING SEALED BIDS forthe ALABAVIA STREET STORM DRAIN IMPROVEMENTS CASH CONTRACT No. 1214 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HU TIN GTON BEACH, as AGENCY, invites scaled 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 P.M. on Tuesday, October 12, 2004. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street,Huntington Beach, CA 92648,upon payment of a $25.00 nonrefundable fee if picked up, or payment of a$35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. This is a Davis-Bacon project and the Federal Rea lations will 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-lain Street,Huntington Beach,CA 92648. The AGENCY will deduct al 0%retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex,or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10%of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A-1 The AGENCY reserves th4kht to reject any or all bids,to waive arWegularity 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 17th day of November 2003. Attest: Joan L. Flvnn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 XP-9691060' -0 Page a Administrative Conditions �. An interim Financial Status Report (FSR), Standard Form 269A (Rev. 7197), covering the period from "project/budget period start date" to September 30 of each calendar year shall be submitted to the Grants Management Office, PMD-7, no later than December 31 of the same calendar year. The initial FSR is due December 31, 2005. The FSR covering the entire project period shall be submitted within 90 days after the end of the project period (40.CFR Part 31.23(b)). 2. The recipient shall comply with the Single Audit Act and the reporting requirements set forth in OMB Circular A-133. 3. The recipient agrees to complete and submit to the Grants Management Office, PMD-7, a MBE/WBE Utilization Report (EPA Form 5700-52A), within 30 days after the end of the Federal fiscal year, i.e., by October 30 of each calendar year. Negative reports are required. 4. In accordance with EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under Federal assistance programs, the recipient agrees to: a) Accept the applicable FY 1999 "fair share" goals negotiated with EPA by the CA State Water Resources Control Board, as follows: MBE WBE Construction 22% 6% Supplies 17% 9% Services 17% 22% Equipment 18% 24% If the recipient does not want to rely on the applicable State's MBEIWBE "fair share" goals, the recipient agrees to submit proposed MBEIWBE "fair share" goals based on availability of qualified minority and women-owned businesses to do work in the relevant market for construction, services, supplies, and equipment. "Fair share" objectives must be submitted to Joe Ochab, PMD-1 , within 30 days of award and approved by EPA no later than 30 days thereafter. b) Ensure to the fullest extent possible that at least the applicable "fair share" objective (see a) above} of Federal funds for prime contracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically black colleges and universities. c) Include in its bid documents applicable "fair share" objectives (see a) above} and require all of its prime contractors to include in their bid documents for subcontracts the negotiated fair share percentages. d) Follow the six affirmative steps stated in 40 CFR Section 30.44(b), Section. 31 .36(e), Section 35.3145(d), or Section 35.6580(a), as appropriate. e) In the event race a /or gender neutral efforts prove to a inadequate to achieve a fair share objective WMBEIWBEs, the recipient agreesWotify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the fair share objective. f) Until the recipient has completed its fair share negotiations with EPA, it agrees to apply the main State agency's fair share objectives. Once the recipient has completed its fair share negotiations with EPA, it will apply those objectives. The recipient also agrees to include in its bid documents the applicable FY-1999 "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the applicable FY 1999 "fair share" percentages and to comply with paragraphs (c) through (e) above. 5. The cost principles of OMB Circular A-87 are applicable to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement. s. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 C1=R Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. 7. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. As mandated by this Act, the recipient agrees to provide certification to the award official via EPA Form 5700-53, Lobbying and Litigation Certificate, or in a written statement. The Lobbying and Litigation certification and final Financial Status Report shall be submitted within 90 days after the end of project period. w Recipient shall abide by its respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Any Part 30 recipient shall abide by its respective OMB Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities, s. Pursuant to EPA Order 1000,25 and Executive Order 13101, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to Standard Forms. These forms are printed on recycled paper as available through the General Services Administration. Recipient shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in p rement programs to the purchas specific products containing recycled mates identified in guidelines developelky EPA. These guidelines are listed 'in 40 CFR 247. 9. Effective October 1 , 1994, the recipient agrees to ensure that ail conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the Hotel and Motel Fire Safety Act of 1990. io. Payment to consultants. Per 40 CFR Part 31.360), EPA will limit its participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors to the maximum daily rate for a GS-18, which is equivalent to level 4 of the Executive Schedule, to be adjusted annually. As of January 1, 2004 the daily salary rate is $524.72. 11. The recipient shall fully comply with Subpart C of 40 CFR Part 32, entitled "Responsibilities of Participants Regarding Transactions." The recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 40 CFR Part 32, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. The recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. The recipient acknowledges that failing to disclose the information required under 40 CFR 32.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. The recipient may access the Excluded Parties List System at htta:f/epls.arnet.00v. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." Programmatic Conditions P1. This grant may be terminated if any portion of the schedule for the project below is not met, unless a written waiver of the schedule has been obtained from the EPA Water Division. If EPA determines that approval is not warranted. for any of the items that require EPA approval, that item must be resubmitted by the date specified by EPA, or the grant may be terminated. This schedule in no way relieves the grantee of the obligation to comply with the requirements of its NPDES permit(s), Aquifer Protection Permit(s), and other permit(s). a. The grantee shall notify EPA in writing that Project has phyically stared construction within 30 days of physical activity start. b. The grantee shall notify EPA in writing when the construction of the project is completed within 30 days of physical completion. c. The "plan of operations" shall be completed and submitted to EPA by the time construction of the Alabama storm drain, catch basin and associated facilities is 50 percent complete. This plan should include a list of procedures that shall be followed when construction is complete and operatior&gins. For more guidance on PI of Operations, please see thWPA Document Construction Gran98(CG-85) d. The "operations and maintenance manuais" shall be completed and submitted to EPA by the time construction of the Alabama storm drain, catch basin and associated facilites is 90 percent complete. The manual should contain all necessary information concerning the running and upkeep of the project. More detailed information on operation and maintenance manuals is included in CG-85. e. The grantee shall notify EPA in writing when the project has initiated operation within 30 days of initiation of operation. f. A performance certification will be necessary one year after the project has initiated operation. To certify the project, the grantee (or its designate) will inspect the construction site to determine if the project is operating as designed, and is meeting design standards, The following self-certification shall be submitted to EPA: As required by special condition in EPA Grant No. XP-9691 06-01 -0 we (grate) _ certify that the project built and upgraded under EPA Grant No. XP-969106-01-0 (does/does not) meet the design specifications and all otherproject performance standards. (Grantee) Signature and Title of Date Authorized Representative g. EPA (or its designate) may inspect the construction project to ensure timely completion and expenditure of allowable costs. P2. The grantee shall prepare and submit progress reports which document " activities conducted for the construction, repairs & upgrades, and operation of the project (as funded by this grant). The reports, at a minimum, shall include the current project schedule updated to reflect percent complete of each activity and a description of activities conducted during the reporting period, any reason for slippages, and expenditures. Each report is due on the 30th day after the end of each quarter: October 30, January 30, April 30, and July 30 for the life of this grant. P3. The grantee shall acquire and maintain any flood insurance made available to it under the National Flood Insurance Act of 1968, as amended, for property in the project location. This condition shall not be applicable if the project location is outside the boundaries .of a special flood hazard area delineated on a Flood Hazard Boundary Map or Flood Insurance Rate Map which has been issued by the Department of Housing and Urban Development, Federal Insurance Administration. This condition shall not be applicable if the total value of improvements insurable under the National Flood Insurance Act is less than $10,000. S P4. The grantee will comply with Federal Executive Orders 11988 and 11990, concerning floodplain management and protection of wetlands, respectively. P5, By December 31 , 2004, the grantee shall post signage at the project site (et al), in accordance with EPA Administrataive Order 1015.1B (July 29, 1975) which requires that a sign be displayed at the sites of projects which are sponsored by EPA. HbPE Storm Drain Pipe_--Generic Specification Water Tight Applications Corrugated H.D.P.E. pipe and fittings shall have bell and spigot joints, smooth interior complying with AASHTO Designation M-252 (4"-10"), M-294 (12"-36")Type S or MP6-95 ( 42"&48") Type S or D . The pipe and fittings shall be made of virgin H.D.FE. compounds conforming to the requirements of cell classification 32440C . Pipe and fittings shall be installed in accordance with ASTM D-2321 and the project specifications.All pipe shall be joined with a bell and spigot type of rubber gasketed joint. All fittings shall utilize rubber gasketed joints. All rubber gaskets shall meet the requirements of ASTM F-477. Where H.D.P.E. storm drain lines are shown on a radius, the contractor shall furnish elbows or short lengths, or a combination of both. The maximum allowable angle is _- 45 degrees. The maximum allowable horizontal deflection at a joint without an elbow is 3 degrees. Smooth interior type S and Type D High Density Polyethylene Pipe shall be ADS N-12 storm drain pipe or approved equal. Construction Notes Native material to be used for backfill in the pipe trench shall be examined for suitability of intended use by the geotechnical consultant prior to any trench backfill. Compaction test for each lift,shall be obtained at the discretion of the engineer. The engineer or geotechnical consultant shall decide the exact location at which the compaction tests are obtained. At all times pipe materials shall be handled with care to avoid damage. Whether moved by hand, forklift, or hoists, material shall'not be dropped, bumped, or allowed to impact on itself. Double strapping should be used with all lifts. Whenever possible, in distributing the pipe at the job site, it shall be unloaded adjacent to or near the location where it is to be installed. WAIS Document Retrieval Page 1 of 20 GENERAL DECISION: CA20030035 08/27/2004 CA35 Date: August 27, 2004 General Decision Number: CA20030035 CB/27/2004 Superseded Genera- Decision Number: CAC20035 State: California Cons_ruction Types : Building, Heavy (heavy, and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date C 06/13/2003 1 01/30/2C04 2 03/C5/2C04 3 04/C2/2CC4 4 05/21/2CC4 5 07/16/20C4 6 08/27/2004 ASSE0005-002 01/01/2004 Rates Fringes Asbes,cs Wookers/insulator Includes the application cf all insulating materials, crotecuive coverings, coatings, and finishes to all types of mechanical systems. . . . . . . . . .$ 32.56 9.80 ------------------------------------------------------------------ BOIL0092-GC3 01/01/2004 Rates Fringes Boilermaker. . . . . . . . . . . . . . . . . . . . $ 32.84 15.61 ---------------------------------------------------------------- BRCA0004-010 03/01/2DC3 Races Fringes Bricklayer BRICKLAYER; MARBLE MASON. . . .$ 29. 96 5.90 ---------------------------------------------------------------- BRCA001B-007 06/01/2003 Races Fringes Marble Finisher. . . . . . . . . . . . . . . .$ 19.90 4 .56 Tile Finisher. . . . . . . . . . . . . . . . . .$ 16. 65 3.86 Tire Layer. . . . . . . . . . . . . . . . . . . . .$ 26.50 8 .40 http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 2 of 20 0 • ----------------------------------------------------------------- BRCAMIC-CIC 09/01/2003 Races Fringes Terrazzo Finisher. . . . . . . . . . . . . . - 21. 38 6.84 Terrazzo Worker. . . . . . . . . . . . . . . .8 29 .21 6.84 ---------------------------------------------------------------- CARM09-001 MUNCH Ra_es Fringes Carpen=ers: (1) Carpenter, Cap'-net Ins-alier, Insu-at-on I ns_aller, Hard frcci Floor Worker and acous=ica_ installer. . . . . . . . . . . . . . . . . . .i 29. 60 7.36 (21 Vi_-wr_ght. . . . . . . . . . . . . .5 30.30 7.38 (31 Pi_edr_ver/Derr'_ck Bargeman, Bridge cr Deck Carpenter, Heavy Framer. . . . .3 29. 93 7.36 (4) Bridge Carpenter, Rock Bargeman or Scowman, Rockslinger, Sh-ngler (Commercial) . . . . . . . . . . . . . . . .$ 29. 93 . .38 (5) Fneumazic Nailer, Power Stapler. . . . . . . . . . . . . . .Y 30. 05 . . 38 (6) Saar"ler. . . . . . . . . . . . . . .$ 29.88 7.38 (7) Scaffold Builder. . . . . . .$ 23.7C 7.38 (8) Fable Power Saw Operator. . . . . . . . . . . . . . . . . . . .$ 29. 90 7.38 FCC.\OTE. Work of forming in the w :s_rustion or even cur sewers or storm drains, on operati ns in writ__ herizcntal lagging is used in ccnf unc_-o_, with steel H-Beams driven or placed in pre- drilled holes, for =^ac portion of a lagged trench against which ccncrete is poured, namely, as a subst'ture for back _forms (which work is performed by piledrivers) . SC. 13 per hour additional. Certified Welder - $1.00 per hour premium. ---------------------------------------------------------------- CARPC409-002 07/01/2003 Rates Fringes Diver (1) mien. . . . . . . . . . . . . . . . . . . . .$ 526.88 7.38 (2) Standby. . . . . . . . . . . . . . . . $ 263.44 7.38 (3) Tender. . . . . . . . . . . . . . . . . $ 255.44 7.38 NOTE: Amounts in "Rates" column are per day ---------------------------------------------------------------- CARPC409-CO5 07/01/2003 Rates Fringes Drywall (l) Work on wood framed construction of single httpJ!frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Dav is-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 3 of 20 faT.ily residences, apartments or condominiums under 4 stories I\S^_ALLERS. . . . . . . . . . . . . . . . .$ 19.CO 5. 18 STOCKER/SCRAPPER. . . . . . . . . . .$ 10.00 3.27 (2) All other work I\S•;ALLERS. . . . . . . . . . . . . . . .$ 29.80 7 .38 STOCKER/SCRAPPER. . . . . . . . . . . $ 10.00 3.27 ---------------------------------------------------------------- CARP0409-008 C7/01/20C3 Rates Fringes Modular Furniture Installer (1) Mobile Filing System Installer. . . . . . . . . . . . . . . . . . .$ 13.76 5.80 (2) Modular Furniture Installer. . . . . . . . . . . . . . . . . . .$ 14 .36 5.80 (3) Full Wall Technician. . . .$ 20.47 5.80 ---------------------------------------------------------------- ELEC0011-OCo 12/01/2001 Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . . S 22.13 3% + 4 . 40 Technician. . . . . . . . . . . . . . . . . . S 23.93 3% + 4 .40 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmissicn anal/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: 7 monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom an: sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Cors~.unication Sys_ems that transmir or receive information and/or control systems that are intrinsic to the above fisted systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems . ---------------------------------------------------------------- ELECC441-001 12/01/2003 Rates Fringes Cable splicer. . . . . . . . . . . . . . . . . .$ 33. 18 3%,10.23 Electtiician. . . . . . . . . . . . . . . . . . . . $ 31.72 3$-10.23 ---------------------------------------------------------------- ELEC1245-001 06/01/2004 Rates Fringes hap://fnvebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 4 of 20 10 Line Cons:rw z-cn ( Lineman; Cable swLicer. .$ 3S ! Q+i. 93 (2) Eq:Lpment specialist (operates crawler traczcrs, commerc-a1 :rotor vehicles, back hoes, trenchers, cranes 15C tons and be-ow) , and cvertead and underground distrLbu__cn line equipmen=; . . . . . . . . . . . . . . . . . .S 29."6 Q-8.25 (3; Ground:.an. . . . . . . . . . . . . . .5 22.76 A-8.25 (41 Powderman. . . . . . . . . . . . . . .5 33.2; A-8 .29 ---------------------------------------------------------------- EL .'0018-00! 09/15/2001 Rates Fringes Elevator Xechanic. . . . . . . . . . . . . .S 33.693 7.453 FOOTNOTE: Vacation Pay: 9% with 5 or more years or service, 6% for 6 cunt s to 5 years service. Paid Holidays: New years Day, Memorial Day, Independence Day, Labor Day, ^han{sg-v-ng Day and Friday after, and Christmas Day. ---------------------------------------------------------------- ENG70C12-0°03 C7/C"_/2003 Races Fringes tower equipment opera_or - cranes, niledriving, hoisning GROUP 1. . . . . . . . . . . . . . . . . . . .$ 29.30 13.20 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 3C.08 13.20 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 3C.37 13.20 GROUT 4. . . . . . . . . . . . . . . . . . . .$ 3C.5- 13.2C GROW; 5. . . . . . . . . . . . . . . . . . . .Y 3C°.13 13.2C GROJP 6. . . . . . . . . . . . . . . . . . . .$ 30.84 13.20 GROJP 7. . . . . . . . . . . . . . . . . . . .3 33.96 13.20 GROUP 8. . . . . . . . . . . . . . . . . . . .S 31.13 13.2°0 GROUP 9. . . . . . . . . . . . . . . . . . . .S 31.33 13.20 GROUP 10. . . . . . . . . . . . . . . . . . . .S 32.30 13.20 GROUP 11. . . . . . . . . . . . . . . . . . . . $ 33.3C 13.2C GROW? 12. . . . . . . . . . . . . . . . . . . .$ 34.3C 13.2C GROUP 13. . . . . . . . . . . . . . . . . . . .$ 35.3C 13.2: Power equipment operator - tunnel work GROUP 1. . . . . . . . . . . . . . S 3C.58 13.20 GROUP 2. . . . . . . . . . . . . . . . . . . . $ 30.87 13.2 GRO:7P 3. . . . . . . . . . . . . . . . . . . . $ 31.51 13.2C GROM 4 . . . . . . . . . . . . . . . . . . . $ 31.23 13.20 GR0 P 5. . . . . . . . . . . . . . . . . . . .S 31.34 13.20 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 31.46 13.20 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 31.76 13.2C Power equipment operators: GROUP " . . . . . . . . . . . . . . . . . . . .$ 27.95 13.20 GROUP 2. . . . . . . . . . . . . . . . . . . .S 28.73 13.20 GROUT 3. . . . . . . . . . . . . . . . . . . .S 29.02 13.20 GROUP 4 . . . . . . . . . . . . . . . . . . . .S 3C.51 13.20 http:hlima:bgate.access.gpo.govlcgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=CA240... 9/23/2004 WAIS Document Retrieval Page 5 of 20 GROUP 5. . . . . . . . . . . . . . . . . . . . $ 31.61 13. 2C GROUP 6. . . . . . . . . . . . . . . . . . . .$ 30.73 13.20 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 31.83 13. 20 GROU= 8. . . . . . . . . . . . . . . . . . . . $ 30.84 13. 20 GROUP 9. . . . . . . . . . . . . . . . . . . . 5 31.94 13. 20 GROW 10. . . . . . . . . . . . . . . . . . . . 5 30.96 13.20 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 32.06 13.20 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 31.13 11. 20 GROUP 1.3. . . . . . . . . . . . . . . . . . . .$ 3_.23 13. 20 GROUP 14. . . . . . . . . . . . . . . . . . . .$ 31.26 13. 20; GROUP 15. . . . . . . . . . . . . . . . . . . .$ 31.34 13. 20 GROUP 16. . . . . . . . . . . . . . . . . . . .$ 31.46 13. 20 GROUP 17. . . . . . . . . . . . . . . . . . . .$ 31.63 13. 20 GROUP 18 . . . . . . . . . . . . . . . . . . . .$ 31.73 13. 2C GROUP 19. . . . . . . . . . . . . . . . . . . .$ 31.84 13. 20 GROUP 20. . . . . . . . . . . . . . . . . . . .$ 31.96 13. 20 GROUP 21. . . . . . . . . . . . . . . . . . . .$ 32.13 13. 20 GROUP 22. . . . . . . . . . . . . . . . . . . .$ 32.23 13. 2C GROW 23. . . . . . . . . . . . . . . . . . . .S 32 .34 13.2C GROUP 24 . . . . . . . . . . . . . . . . . . . . S 32.46 13. 2C GROUP 25. . . . . . . . . . . . . . . . . . . .S 32.63 13. 2n- F00 NOTES: PR_y:UM PA" of $3.00 per hour shall be pa_d on all power equipment ope ra_or wort{ at Cam Pendleton, Point Arguello, and Vandenhurg AFB. Workers required to suit up and work in a hazardous material environment: $1. 00 per hour additional. Combination_ mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQU=Pv_\T OPERATORS CLASS=FICATIO\S GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch WLtch, wit: seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Fcrkl__t operator (includes Loed, Null or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant) ; Pet romat laydown machine; PCL' side dum jack; Screening and conveyor machine oeprator (or s-m'law types) ; Sk_ploader (wheel type up to 3/4 yd. withoui attachment) ; Tar pot fireman; Temporary hearing plant operator; ^-renching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (side steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype at:.achmenns) ; Helicopter radioman (ground) ; Stationary pipe wrapping and cleaning machine operator GROUP 4 : Asphalt plant fireman; Backhoe operator (mini-max or similar type) ; Boring machine operator; Boxman or mixerman (asphalt or concrete) ; Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Cperator !small portable) ; Drilling machine http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 6 of 20 ! i operator, small auger types (Texoma super economatic or similar types - Hughes 100 o, 2CC or similar types - drilling depth of 30 ' maximum) ; Equipment greaser ;grease truck) ; Guard rail post ;river operator; Highlir_e cableway signalmen; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Roller operator (compacting) ; Screed operator (asphalt or concrete) ; Trenching machine operator (up to 6 ft. ) ; Vacuum or much truck GROUP 5: Equipment Greaser (Grease Track/Multi Shift) . GROUP 6: Articulating material hauler; Asphalt plant engineer; Basch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Wasson 1000 auger or similar types - Texcma 330, 5C0 or 6C0 auger or similar types - drilling depth of 45' maximum) ; Drilling :machine operator (including water wells; ; Hydrograph_c seeder machine operator (straw, pulp or seed; , Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Y_achir_e tool operator; Maginn_s internal full slab vibrator, Mechanical berm, curb or gutter ;concrete or asphalt) ; Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement" breaker operator (truck mounted; ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. szruck) ; Self-propelled mar pipelining machine ope,a_or; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds . ) ; Slip form pump operator (power driven hydraulic i'-Ting device for concrete forms) ; Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) ; Tugger hoist operator (1 drum) ; Ultra :nigh pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or similar type) ; Asphalt-rubber distribution operator; Backhce operator (up to and including 3/4 yd. ) , small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work) ; Compactor operator (self-propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine cpe;atcr, Bucket or auger types (Calweld 150 bucket or similar types - Watson 15CC, 2000 250C anger or similar types - Texo?a 700, 8CC auger or similar types - drilling depth o; 60' maximum) ; Elevating grader operator; Grade checker; Grada-i operator; Grousing machine cperator; Heavy-fluty repairman; Heavy equipment robotics operator; http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi"dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 7 of 20 Kalamazoo ballLs_e regulator or similar type; Kalman belt loader and similar tyre; Le Tourneau blob compactor cr similar type; Loader operator (Azrey, Euclid, Sierra and similar types; ; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pumperete gun operator; Rotary drill operator (excluding caisson type) ; Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck) ; Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit) ; Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds. ) ; Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine) ; Tractor operator (boom attachments) , Traveling pipe wrapping, cleaning and 'oendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating) ; ::Lira high pressure water:et cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calneld 20C B buckez or similar types-Watson 3CO3 or 5CO0 auger or similar types-Texcma 9CC auger or similar types-drilling depth of 135' maximum) ; Dual drum _mixer, dynamic compactor =DC33C (or sin-lar types; ; Y_onorail locomotive operator (diesel, gas or elec:.r_c; ; Mozcr patrol-blade operator (single engine; ; Multiple engine trac:.or operator (Euclid and similar zype-except Quad 9 cat. ; ; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. szr uck) ; Pneumatic pipe ramming cool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipmenz opera_or (s-ngle engine, over 30 yds. struck) ; Rubber tired earth moving equipm.en, operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck) , Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds. ) ; Woods mixer operator (and similar Pugmill equ-p:renz) GROG_ 11: Heavy Duty Repairman - Welder Combination, Welder - Cert-fied. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling dep h of 175' maximum) ; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing :machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine) ; http://frwebgate.acce ss.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page S of 20 i • Pipe mobile machine operator; Rubber-tired ears}^- moving equipmenn operator Vultiple engine, Euclid, Caterpillar and similar type, over 5C cu. yds. struck) ; Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14 : Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional; ; Wheel excavator operator (over 75C cu. yds. ) GROUP la: Rubber-tired earth-roving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, AtLey Wagon and similar types wl7h any and all attachments over 25 yds. and up to and including 5C yds. struck) ; Rubber-tired earth-moving equipment operator, opera_ing equipment with push-pull system (multiple e% ine-up no and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds . struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17 : Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds . struck) ; Tandem: tractor operator (operating crawler type srac=ors in tandem - Quad 9 and similar type) GROUP 18 : Rubber-sired earth-moving equipment operator, cperasir_g in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up no and including 25 yds. struck, GROUP 19: Rosex concrete belt operator (or similar types) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20 Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 30 yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up so 50 http:Hfrvvebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 9 of 20 i • yds. struck) GROUP 21: Rubber-tired earth-:roving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction. units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment cperator, operating equipment with the za^den push-pull syster. (single engine, Caterpillar, Euclid, Amhey Wagon and similar types with any and all attachments over 25 yds. and up to and inol� dir_g 50 yds. struck) ; Rubber-tired earth-moving equipment operatcr, operating wit.. the _ar_dem push-pull system imultiple engine, up to and including 25 yds. struck) GROUT 24 : Ru'ober-tired earth-:roving equipment cperator, operating equipment with the tandem push-pull syster, (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipmenn operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRASES, PIIEDR=V:NG AND FCISTING EQUIPMENT CLASSIEICACiONS GROUP 1: Engineer oiler; Fork lift operator (includes toed, lull or similar types) GROUP 2: Truck crane oiler GRCUP 3: A-frame or winch truck operator; Ross carrier operator (jocsite) GROUP 4 : Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type) ; Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Moist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Matexial hoist and/or manlift operator; Polar gantry craze operator; Self Climbing scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and a to 5 cu. yds. mrc; ; Tugger hoist operator GROUP 7 : Pedestal crane cperator; Shovel, backhoe, dragl-ne, c_amshell operator (over 5 cu. yds. mo c) ; Tower crane http://fnvebgate.access.gpo.gov/cgi-bin/getdoe.egi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 10 of 20 s • repair; Tugger ._ ist onerator (3 drum, GROUP 6: Crane operator iup to and including 25 tor_ capacloy) ; Crawler transporter operator; Derrick bare cperazu (up to and including 23 ton capacity) ; Hoist ecerato_, stir{ legs, Guy derrick or similar type (up no and including 23 ton capacity;; Shovel, backhoe, dra,l-ne, clams^eK operator (over 7 cu. yds. , M.R.C. ) GROUP 9: Crane opera4o_ (over W tons and 'gyp zo and including 50 tons mrc) ; Derrick barge operator ,over 25 ions ;:p no and LncLudLng V tons nrc) ; Highline cableway operator; Hoist operator, stiff legs, Gay derrick or similar type (over 25 tors np tc ar.d including 50 tons mrc; , K-crane operatcr; Polar crane operator; Self erecting tower crane operator maximum i if ing capacity ter_ tons GROUP =C. Crane operator (over 50 tons and up to and including '_CC ions mrc) ; Derrick barge operatcr (over 30 zcns up to and including 100 tons mrc) ; Hoist operator, stiff 'Legs, Guy derrick c_ similar type (over 30 tons up to and including 103 tans mrc) , Mobile mower crane operator (over 50 tons, up to and including 100 tors `!.R.C. ) , Tcwer crane cnerator and tower gantry GROUP !I: Crane operator lover 100 tons and :.gip to and incinding 2CC tons mrc) ; Derrick barge operator (over 1C3 tons up to and including 2C3 tons mrc) ; Hoist operator, st_=- legs, Guy derrick or similar type lover 1CC tons up zc and including 200 ions mrc) ; Mobile tower crane operator (over 100 tons up no and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up no and including 300 tons mrc) ; Derrick barge operator (over 20C tors up to and inclyding 30C tons r.:rc) ; Ec-st operator, stiff legs, Guy derrick or similar type (over 200 tons, ::p to and including 3CC tons mrc) ; Mobile tower crane operator (over 2CC tons, up td and including 300 tons mrc) GROUP 13: Crane operator (aver 303 tons) ; Derrick barge operator (over 300 tons) ; Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons) ; Mobile tower crane operator (over AC tons) TUNNEL CLASS-PICA=ONS GROUP 1: Skiploader (..Reel type up to 3/4 yd. without attaci_T.e:'_r) GROUP 2: Power-cr_ver_ jumbo form setter operator GROUP 3: Dinkey locomotive or motornersor_ (up to and ir_cludir_g 10 tons) GROW a: Bit sharpener; Equipment greaser (grease truck) ; _ Slip form pump operator (power-driven hydraulic lifting device for concrete forms! ; Tugger hoist operator Q drum) ; Tunnel locomotive operator (over 1L• and yap tc and including 30 tons) http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 11 of 20 GROUP 5: Backhoe operator (:.gyp to and including 3/4 yd. ) ; Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types) ; Mucking machine operator (1/4 yd. , rubber-tired, rail or track type) ; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pneumatic heading shield (tunnel) ; Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum) ; Tunnel locomotive operator (over 30 tons) GROU2 6: Eeavy Duty Repairman GROUP 7: Tunnel mcle boring machine operator ---------------------------------------------------------------- ENGT_00-2-004 08/01/200 Raves Fringes Power eauLpmer__ operators: DREDG=NG: (1) Leverman. . . . . . . . . . . . . . .$ 34 .95 13.22 (2) Dredge dozer. . . . . . . . . . .S 32.24 13 .22 (3) Deckmate. . . . . . . . . . . . . . .5 31.37 13 .22 (4) Winch operator {stern, winch on dredge! . . . . . . . . . . .S 30.82 13.22 (5) Fireman; Deckhand and Bargeman. . . . . . . . . . . . . . . . . . .$ 30.28 13.20 (6) Barge Mate. . . . . . . . . . . . .$ 30.89 13.22 ---------------------------------------------------------------- IRONCOCI-019 C7/01/2CO2 Rates Fringes Ironworlers: Fence erector. . . . . . . . . . . . . . .s 25.97 15 .29 Ornamental, reinforcing and s=;uc_..ra-. . . . . . . . . . . . S 26.86 15.29 LABC0300-00I 07/010004 Razes Fringes Brick Tender. . . . . . . . . . . . . . . . . . .$ 21.6C 11.72 ---------------------------------------------------------------- LAB00300-0O3 07/01/2004 Rates Fringes Laborer: Gunite GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 22.84 15.71 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 21.89 15.71 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 18.35 15.71 Laborer: Tunnel GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 23.57 12 . 19 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 23.89 12.19 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 24.33 12.19 GROUP 4 . . . . . . . . . . . . . . . . . . . . .S 25.04 12.19 Laborew: GROUP 1. . . . . . . . . . . . . . . . . . . . . $ 2C.6C 12 .13 only tnebgsoaccess.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 12 of 20 GROUP 2 . . . . . . . . . . . . . . . . . . . . . $ 21.15 12.13 GROUP 3. . . . . . . . . . . . . . . . . . . . . $ 21.70 12. 13 GROUP 4 . . . . . . . . . . . . . . . . . . . . . $ 23.25 12. 13 GROUP s. . . . . . . . . . . . . . . . . . . . . $ 23. 6C 12.13 FOOTNOTE. GUNITE PREMIUM ?AY: Workers working from a Bosn'n's Char or suspended from a rope or cable shall receive 40 cents per hour above t'r_e foregoing applicable classification rates. Workers doing gun:-te and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, s_orage elevator or similar type of structure, when such structure is in excess of 7i'-C" a%ove base level and which work must he nerformed in whole or in part more than 75'-C" above base level, that work performed above the 75'-C" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CIASSIFICA^IONS GROUP 1. Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, 'dater coring; Demoli=icn laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person_; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary wager and air lines; Material hose operator (walls, slabs, floors and decks) ; Plugging, filling of shee bolt :toles; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Stree_car and railroad const,uc.icn track laborers; Rigging and signaling; Scale_; Slip form, raiser; bar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire :nest: pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement) ; Cesspool digger and installer; Chucktender; Chute :candler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and scree= paving, airport, runways and similar type heavy construction; ,Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; headerboard person: asphalt; Laborer, packing rod steel ar_d pans; Membrane vapor barrier installer; Power broom sweeper Ismail) ; Riprap stonepaver, placing s_one or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender) ; Septic tank digger and instal-er (lead) ; Tank scaler and cleaner; Tree climber, Faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: 3uggymo'wile person; Concrete cutting torch; Concrete http://fnvebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbnarne=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 13 of 20 • pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, o__ and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler !including drilling of same) ; Hy:rc seeder and similar type; Impact wrench muLrL-plate; Xe=tLe person, pot person and workers applying asphalt, lay-koLd, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement wreaker, air blasting, come-aLongs, and similar mechanical =ooLs not separately cLassifled herein; PioeLayer's backup perscn, coating, gro=_ng, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Roc{ Slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barkc, Tracker and similar type; Trenching machine, hard-prcpe?led GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asp^a_v spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings) , grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, snorer, lagging, sheeting and trench bracing, :nand-guided lagging hammer; dead rock sl'_!^ger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with Laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; ripelayew performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completionof operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether wa}ef, sewage, solid gas, air, or other product whatsoever and without regard to she nature of material from which the tMbuiar material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person) , water blasting, Por=a Snot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; CrilLer: All power drills, excluding jackhammer, whether core, diamond, wagon_, track, multiple unit, and any and all other types of mechanical drills without regard no the Form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including router and spreader; Dump person; Dump person (outside) ; Swamper (brake person and switch person on gunnel work) ; Tunnel materials handling person GROUP 2: Chucktender, cableterder; Loading and unloading agitator cars; Nipper; Pon tender, using mastic or other materials (for exanple, but not by way of limitation, http://fnvebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 14 of 20 stotcrete, etc. ; ; vibrato; person, lack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout je= person; Cherry picker person; Grout gun person; Grout mixer person; Grout primp person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine) ; Nozzle person.; Operating of troweling anal/or grouting machines; Powder person (primer house) ; Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person., retimber person., ti.ocd or steel; runner Concrete finisher GRCUP 4 . Diamond dri-ler, Sandblaster; Shaft ant raise work GUNIT= WARCRER C-ASSIFICATIONS GROUP 1: Nozzle person_ and rod person GROUP 2: Cun person GROUP 3: Rebound person ---------------------------------------------------------------- * LAB00300-005 08/04/2004 Rates Fringes Plasterer tender. . . . . . . . . . . . . . .$ 23.29 12. 1; ---------------------------------------------------------------- LAS00882-0O2 01/01/2004 Races Fringes Asbestos Removal laborer. . . . . . .$ 22.00 9.2C SCOPE 01 WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by :'land or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- LABO1164-001 07/01/2004 Rates Fringes Laborers: STRIQTNG/SLURRY SEAL GROUP 1. . . . . . . . . . . . . . . . . . . .$ 22.16 10.39 GROW 2. . . . . . . . . . . . . . . . . . . .S 23.41 10.39 GRC;P 3. . . . . . . . . . . . . . . . . . . .S 25.34 _0.39 GROUP 4 . . . . . . . . . . . . . . . . . . . .$ 27.01 10.39 LABORZRS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment http://fnvebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 15 of 20 0 repair technician GROU 2. Traffic surface abrasive blaster; pot tender - removal of all traffic 'roes and markings by any method (sanlblasning, ;haterblasting, grinding, etc. ) and prepara_io._ of surface for coatings. _raffic cone rcl person: controlling and directing traffic c':^rcugh bcth conventional and moving _are closures; operation of all related machinery and euuipmer_v GROUP 3. 7raf_M delineating device applicapor. Layout and applicacion of pavemenv markers. delinea=ing signs, rumble and ..raffic bars, adhesives, guide markers, other traffic deli neat_ng .....vices including traffic control. This category includes all traffic related surface prepares_-'Jn (sandblasting, waterblµstin , grinding! as pars of :he application process. Traffic protective delineating system instiller; removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard _ail, reference signs, monument markers; operaticn of ail related mactinery and equipment; newer broom sweeper GRC�i 4 : Striper: layout and application cf traffic stripes and markings; hot ohermo plastic; tape traffic stripes and markings, including traffic contr K; operation of all related machinery and equipment ---------------------------------------------------------------- PAMOS-001 01/01/2004 Rates Twinges Painters. (1) Repaint Including Lead Abatement. . . . . . . . . . . . . . . . . . .S 22.25 6.64 (21 All Onhe; Work: . . . . . . . . .S 25.52 6. 64 REPAOT of any str::coure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, mote's which operate commercial establishments as part of Note; service, and sports facilities, tenant improvement work not included in conjunction with the ccnszruction of the building and all repainting of ze art improvement projects. ---------------------------------------------------------------- PAIN00&-0C8 01/01/2004 Rates Fringes Drywall Finisher. . . . . . . . . . . . . . .S 26.83 9.23 ---------------------------------------------------------------- * PAIN0036-015 06/01/2CO4 Rates Twinges Glazier. . . . . . . . . . . . . . . . . . . . . . . .$ 30.0 A.0 FOOTNOTE: Addi:.ional $1.25 per hour for work in a condo, from the third (3rd) floor and up Addi bona' $1.25 per hour for work cn the outside of the building from a swing http:/,frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbnatne=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 16 of 20 state or any suspended contrivance, from the ;found up ----------------------------------------------------------------- PAIti1247-002 01/01/20C4 Rates Fringes Soft F_oor Layer. . . . . . . . . . . . . . .S 27. 45 6.55 ---------------------------------------------------------------- PLAS0200-009 08/07/2002 Rates Fringes Plasterer. . . . . . . . . . . . . . . . . . . . . .S 26.77 6.76 ---------------------------------------------------------------- F-ASC5C0-CC2 0701/203 Rates Fringes Cement Mason. . . . . . . . . . . . . . . . . . .S 24 .00 13.25 ---------------------------------------------------------------- PLUM0016-CC1 07/C'_/2003 Rates Fringes Plumber/Pipefitter (1) Work on strip malls, light commercial, tenant improvemenn and remodel work: . . . . . . . . . . . . . . . . . . . . . . .S 23. 57 8. 90 (2) Work on new additions and remodeling of bars, xestaarant, stores and commercial bindings not to exceed 5, 000 sq. ft. of floor space. . . . . . . . . . . . . . . . .$ 29. 42 1C.23 (3) landscape and Irr-ca=ion work: . . . . . . . . . . . .S 23. 62 10.21 (4) Sewer and Storm Drain work: . . . . . . . . . . . . . . . . . . . . . . .5 20.49 1C.45 (5) Al_ other work: . . . . . . . . .S 30. 41 1C.8C ---------------------------------------------------------- PL;;M0250-002 09/01/2002 Rates Fringes Refrigeration Mechanic REFRIGERATION FITTER. . . . . . . .$ 33.10 10.40 ---------------------------------------------------------------- PLUM0045-001 07/01/2003 Rates Fringes Landscape & irrigation Fitter. .$ 23.62 10.21 ---------------------------------------------------------------- ROOECC36-002 03/31/2CO3 Rates Fringes Roofer ?RFPARER http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2 00... 9/23/2004 WAIS Document Retrieval Page 17 of 20 Duties -imi_ed to the following: Roof reTova= of any Type of roofing or roofing material; cr npuid_:_g, or sweeping; ,arid/or can-up; and/or Preload in, or in preparing the roof for application of roofing, damp and/or waterproofing materials. . . . . . . . . . . . . . . . . .$ 26.1 . 5. 50 ROCFER. . . . . . . . . . . . . . . . . . . . . .$ 25.17 6. 05 OTNCTE. Tinchemployees are exposed to pitch fumes or required to handle _ - `ch, pitch base or pitc' lnpregna7e: products, or any material ccntaining coal tar pitch, the entire roofing crew shall receive $1.75 per hall "p-tch premium" pay. ---------------------------------------------------------------- SFCA0669-C:99 51/01/2004 DOES NOT INCLTDE SAN CL-T_ENTE ISLAND, THE CITY CF SAN A i?Nr, AND THAT PAR_ OF ORANGE COUNTY WITHIN 25 MILES Cc 'T"-= C17Y LIM =S OF LOS ANGELES . Rates _tinges Sprinkler Fitter, __re. . . . . . . . .$ 26. . E 10. 95 ---------------------------------------------------------------- SFCAC7w9-003 04/01/20C4 SAN CIVENTE =SLAND, THE CITY OF SANTA ANA, AND THAT PAR, OF CRAEG= COCK=Y yITHIN 23 MILES BEYOND THE CITY !!M:TS OF LOS AN;;EL ES: Rates Fringes Spr=zkler Fitter, Fire. . . . . . . . . S 31.23 14.10 ---------------------------------------------------------------- SHEE0105-Cn,3 02/01/2CO4 INYO, KERN ;Northeasr part, East of Hwy 395) , LOS ANGELES (:ncluding PcmoYa, Claremont, Ca=al=na Island, Long Beach and area South of Imperial highway and East of the ics Angeles River) , MONO ORANGE, RIVERSIDE, AND SAN BERNARD= COJNCIES Rates Fringes Sheet meta_ worker (1) Commercial - New Construction and Remodel work. . . . . . . . . . . . . . . . . . . . . . . .$ 29.79 !3.45 (2) Indus trial wort itc-uding air pollution control systems, noise awanement, rand rails, guard rails, excluding aritechtura- sheer meta' work, excluding A-C, hearing,, ven.._latin hnp:/;frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 18 of 20 systems for human comfort. . .$ 2E. 45 ITY9 ---------------------------------------------------------------- Rates Fringes Truck drivers: GROJP 1. . . . . . . . . . . . . . . . . . . .S 22.34 =2.64 GROUP 2. . . . . . . . . . . . . . . . . . . .S 22.49 12.84 GROUP 3. . . . . . . . . . . . . . . . . . . . ° 22. 62 12.64 CR03P 4 . . . . . . . . . . . . . . . . . . . .S 22.61 12.64 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 22 .73 12.84 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 22.87 12.84 GROUP 7 . . . . . . . . . . . . . . . . . . . .5 23. 12 12.34 GROUP 6. . . . . . . . . . . . . . . . . . . . - 23.37 12.84 GROUP 9. . . . . . . . . . . . . . . . . . . .S 23.57 _2.84 n- P , n $ 23.0 7 12.64 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 24 .37 1224 TRUCK DR1`•I_R CLASS:FICA7:ONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; ^raffic control pilot car excluding mc•ving Leavy equipment permit load; Truck-mounted broom GRC P 3: Driver of vehicle or ccmb_za__on of vesicles - 3 axles; Boon person; Cement mason distribuzion truck; Fuel track driver; Water crock - 2 axle; 'Dump truck, less than 16 yds. water level; -rosion control driver GROUP 4: Driver of transit :nix true{, under 3 yds. ; Dumperete truck, less than 6-1/2 yds. eater level GROUP 5: Water track, 3 o; more axles; _ruck greaser and tire person ;;0.30 additional for tire person; ; Pipeline and utility working =ruck driver, incAding winch truck and plastic fusion, limited to pipeline and uziliny work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. o, more; D::mperete ..ruck, 6-1/2 yes. water level and over; Vehicle or combination of vehicles - 4 or more axle; Oil spreader track; Dunn truck, 16 yds. to 23 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; . Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water poll - single engine; Welder GROUP 9: Truck repair-person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water mull - twin engine with attachments; Winch truck driver - S1.25 additional when operating winch or similar lar special a,tac:^merts ---------------------------------------------------------------- hnp://IiuFebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2 00... 9/23/2 004 w HlS liocument tcetrievat Page 19 of /_U • • WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Cnl_sted classifica=ion_s needed for work not included within zhe scope of the c-assificazions lister:, may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 ,a) (1) 40 ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under z}e identifier do not reflect collectively bargained wage and fringe benefit rates . Other designations indicate unions whose rates have been determined zo he prevailing. ---__------------------------------------------------------------ WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: an ex-sting published wage dezermi-ration a survey underlyWn, a wage determination a Wage and Hour Division le_ter setting ;crth a position on a wage determination natter * a conformance (additional classification and rate) ruing On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office For the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. if he response from this iniviai contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any. otrer matter noz yet ripe for the formal process described here, initial contact should be with the Branch of Construction. Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and dour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and hour Administrator U.S. Deparzmen_ of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a Full statement of the http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA200... 9/23/2004 WAIS Document Retrieval Page 20 of 20 interested party's position and by any information (wage payment data, pYcject description, area practice material, etc. ; that the reguestcr considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals 3oard) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ' All decisions by the Administrative Review Board are fina_. END OF GENERAL DECISION http:I/frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2O0... 9/23/2004 9 h A SECTION A NOTICE INVITING SEALED BIDS for the ALABAMA STREET STORM DRAIN IMPROVEMENTS CASH CONTRACT No. 1 4 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on Tuesday, October 5, 2004. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications;and contract documents are available from the Office of the Director of Public Works, 2000 Main Street;,.Huntington Beach, CA 92648, upon payment of a$25.00 nonrefundable fee if picked up, or payment of a$35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. (Bidder shall pay additional cost for special delivery). This is a Davis-Bacon project and the Federal Regulations will 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 ofthe surety and shall receive any interest thereon.- The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10%of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the'right to reject any orall 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 17th day of November 2003. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH J. � • • CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 1 90 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan L. Fl nn _ Date:_ Segtember9. 2004 To: City Clerk's Once Project/C.C. No.: C.C. No. 1214 2000 Main Street Regarding: Alabama Street Storm Drain Improvements Huntington Beach, CA 92648 ❑ We are sending you: ❑ By Mail ❑ By Fax Mall(Number of pages Including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Invltina Sealed 81ds Item# copies Pages I Description 1 1 2 Notice Inviting Sealed Bids 2 Alabama Street Storm Drain Improvements, CC-1214 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On November 17, 2003, the City Council authorized the advertisement of the Alabama Street Storm Drain Improvement project. Please find attached the Notice Inviting Sealed Bids for advertisement on 9/16/04, 9/23/04 & 9/30/04. Bid opening is scheduled for 10/05/04 @ 2:00 pm. Please contact me at 374-1735 with any questions you may have. c: file By: Douglas A. Erdman,Associate Civil Engineer G:\CONMUcnoNCON ucrs(CCS)\CC1214\JoeHOUSE\NIS8TatNSMffALTOCLERKCC-1214.Doc F IONA Floor, 2006 Main Street, shall pay additional cost merit Code. Section Instructions to Bidders. or,all bids;to waive any Huntington Beach, Cali- for special delivery).. 4590. The Contractor The bid must fe ac- insgularity and to fakefNforniar ?648, up to the Jhlq is a Davis-Bacon shall he beneficial owner Companied b"qcertified all bids under adviseDBIDS hour .of 2:00 P.M, on p t.and the Federal of the surety and shall check, ca= checkment far a maximum'Tuesday, October 5, R, btlorls will be. receive any interest or bidder's,�,il made period of60days.III9 2004. Bids will be enlnrced. Any contract thereon. payable to the AGENCY BY ORDER of the CITY;AS1RE publicly -open in the entered into pursuant to The AGENCY hereby for an'amount no less COUNCIL of the CITY STORM DRAIN Council Chambers unless this notice will incor- affirmatively ensures then 10:� of the amount OF- HUNTINGTON! otherwise posted. porate the provisions of that minority business bid. The successful BEACH, CALIFORNIA,' IMPROVEMENTS Copies. of the Plans, the Federal Labor enterprises will be bidder shall be licensed The 17th day of No-' CASH CONTRACT Specifications, and Standards, which are art afforded full opportunity in accordance with vember2003. contract documents are file at the office of the to submit bids in re- provisions of the Busi- Attest:Joan L.Flynn No,1214Int6 available from the Office Director of Public Works, sponse to this notice ness-and Professions CITY CLERK OF THE CITY OF of the Director of Public 2000 Main_Street, Hun- and will not be dis- Code and shall possess CITY OF Works, 2000 Main tington Beach,CA 92648. criminated 'against on a State Contractor's HUNTINGTON BEACH HUMGTOKIEACH Street, Huntington The AGENCY will de- the basis of race, color; License Class at the Published Huntington! PUBLIC NOTICE IS Beach, CA 92648. upon duct a 10%. retention national origin,ancestry, time of the bid opening. Beach Independent; HEREBY GIVEN that the payment of a $25.00 from all progress'pay- sex, or religion in any The successful Con- September 16, 23, 30, CITY OF HUNTINGTON nonrefundable fee if ments. The Contractor consideration leading to tractor and his sub-1 2004 093.9971 I BEACH, as AGENCY, picked up, or payment may' substitute an es- the award of contract. contractors will be,-' invites seated bids for of a $35.00 nonrefund- craw holder surety of No bid shall be con- required to possess' the above stated able fee if mailed via equal value to the sidered unless it is business licenses from projects and will receive U.S.- Postal Service, retention in accordance prepared on the ap- the AGENCY. ' I i such bids in the"office FedEx,UPS or any other with the provisions of proved Proposal forms The AGENCY reserves of the City Clerk.Second delivery service. (Bidder the California Govern- in conformance with the the right.to reject any � 1 -. • H UNT [ NGTON B EACH INDEPRE.NDENT . (�-I�-YJ4'i'n4 J�_ ✓TCJrm '.Jr-q,„ Client Reference # Cask Co��►-n l��y Huntington Beach Independent Reference # Dear advertiser: Enclosed is a clipping of your ad from the first publication, beginning on and expiring on `�-30 . O . If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this ad is S -30LI. So Thanks for your cooperation and patronage. Sincerely, Michael Sletten Legal Advertising 18682 Beach Blvd.,Ste. 160,Huntington Beach,California 92646 (714)965-3030 'Fax(714)965-7174 A Pubiic4tion of Times Community News i A Division of the Eos Angeles mimes 10CITY OF HUNTINGTON BEAR MEETING DATE: November 17, 2003 DEPARTMENT ID NUMBER: PW 03-067 Council/Agency Meeting Held:_1�-�7—y 3 Deferred/Continued to: Approved Z) Conditionally Approved 0 Denied j City tie Si tore Council Meeting Date: November 17, 2003 Department ID Number. PW 03-067 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION H SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS a z SUBMITTED BY: RAY SILVER, City Administratorplg-P C)"r' PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works M, DAVID BIGGS, Director of Economic Development SUBJECT: AUTHORIZE ADVERTISEMENT FOR ALABAMA STORM D�;Alr,� IMPROVEMENT PROJECVCC-1214 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Plans and specifications for the Alabama Storm Drain Improvements CC-1214, are in final preparation. Authorization to advertise the project for bids is requested. Funding Source: Funds for this project are available through an EPA grant and a CDBG grant with the local match coming from the City's sewer fund. The City also anticipates additional funding through the Orange County Sanitation District's Cooperative Projects Program. The engineer's cost estimate for this project is $ 1,500,000. Final funding sources will be determined prior to award of contract. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for the Alabama Storm Drain Project, CC-1214. Alternative Action(s): Direct staff to not move forward with the project at this time. Analysis: This project will eliminate the existing storm drain connections to the sanitary sewer in Alabama Street by constructing a new storm drain system. The existing system for the Alabama Street drainage area consists of four catch basins, which drain into the 10-inch sewer main in Alabama Street. This 27-acre area is subject to flooding because the existing inlets are both undersized and connected to the sewer system, rather than an independent storm drain system. 03-067 Nov 17 Erdman (Alabama SD) 11/312003 2:36 PM *QUEST FOR COUNCIL ACTIN MEETING DATE: November 17, 2003 DEPARTMENT ID NUMBER: PW 03-067 The existing storm drain inlets were installed in the late 1920's or early 1930's as part of the original street design and subsequent construction during the peak development of this area. At the time this system was constructed, a connection of this type would have been acceptable within a small community where no other viable alternatives were available. The project begins immediately south of the intersection of Alabama Street and Joliet Avenue; the two existing catch basins will be removed and replaced with curb-opening catch basins. Thirty-six inch storm drain will be installed down the southerly side of Alabama Street to the intersection of Alabama Street and Atlanta Avenue. Six additional catch basins will be installed along this reach of the storm drain. The proposed storm drain pipe diameter will increase to 42" at the intersection of Alabama Street and Atlanta Avenue, and continue to First Street, where the pipe will tie into the existing storm drain system near Olive Avenue. Approximatley 3,550 lineal feet of pipe will be installed. As approximately half of the area to be mitigated falls within the Old Town Enhancement Area, funding was authorized through a Community Development Block Grant. In addition, staff was successful in obtaining a grant from the Environmental Protection Agency. Additional funding from an Orange County Sanitation District grant is pending and, if authorized, will be used as the City's local match in lieu of the Sewer Fund. Plans and specifications are in final preparation, and staff will be ready to advertise for bids upon approval by the Director of Public Works. Public Works Commission: The Public Works Commission reviewed and approved this project on October 15, 2003, by a vote of 7-0. Environmental Status: Pursuant to the (CEQA) California Environmental Quality Act, the project will require a mitigated negative declaration. The Coastal Development Permit and Mitigated Negative Declaration are pending and will be obtained prior to award of project. Attachment(s): City Clerk's P. . - Number No. Description 1 Location Map RCA Author: D Erdman:cf 03-067 Nov 17 Erdman (Alabama SD) 111312003 2:36 PM o: ATTACHMENT # 1 9/23/2003 3:36:01 PM VA Niq EM Mmmi HN nn HN PH d ('� EON X' LLMI Mill PROJECT a LOCAT I ON • sw. Alabama Storm Drain Improvement Project, CC-1214 N 0 W E S City of Huntington Beach Scale: 1"= 600' Location Map • i RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR ALABAMA STORM DRAIN IMPROVEMENT PROJECT, CC-1214 COUNCIL MEETING DATE: November 17, 2003 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 Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City A ttomgj Not Applicable Certificates of Insurance Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If a licable 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 A licable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR WAVED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Space • RCA Author: D. Erdman r