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HomeMy WebLinkAboutSRD ENGINEERING - 2002-07-01 Jj City of Huntington Beach P.O. Box 190 - 2000 Main Street Huntington Beach, California 92648 HUNTINGTON BEACH www.ci.huntington-beach.ca.us From the desk of: Connie Brockway, CMC City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 6, 7- ICJ- n 7l f 4. RECEIVED BY: • • CITY CLERK RECEIPT COPY Return DUPLICATE to =01 Slow "T i2�f - (Name) j 4r7aft,,=gn=nqida=nq (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for ,'4Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Q 8 !o T5 J 53 Re: Tract No. CC No. MSC No. -"A*oved Agenda Item No. (Council Approval Date) City Clerk Vault No. G 0 0 - 6 0 gvjahibondletter.doc Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BOND# 08655153 Maintenance Bond PREMIUM: INCLUDED IN PERFORMANCE BONA KNOW ALL MEN BY THESE PRESENTS- That----SRD -ENGINEERING-INC. as Principal,and the FIDELITY AND DCPDSfT COMPANY OF MARYLAND,a Corporation organized under the laws of the State of Maryland and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the_ CITY OF_HUNTINGTON BEACH ------------------------ --- ---- ---- --- -- - - - in the sum of_SIXTY-FIVE-THOUSAND TWO HUNDRED THIRTY SIX & NO/100-----______ __Dollars. ($65}2,36.0p}------------------- lawful money of the Untted States of America, for the payment of which-sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this__-_-_-__3OTH---------day of--------OCTOBER...... --200 2 -- WHEREAS, on the------------l------------------day of-----CULY----------__- -- X7 -2002 the said_-__SRD-ENGINEERING- INC___- as contractor, entered into a contract for the--IMPROVEMENTS TO FIVE CATCH BASINS IN THE DOWNTOL4rN AREA; CC1186 --------------------------------- work required in the construction of the__________________________________________________________, for the sum of g 65,L23b_00___; and WHEREAS, under the terms of the specifications for said work, the said_SRI}_MUNUAiNG I-NC__ -----------------------------------------------------is required to give a bond equal to_XQQ;__- per cent of the amount of the contract to protect the-- CITY OF HUNTINGTON BEACH against the result of faulty materials or workmanship for a period of_AME_IJ_YEAR------------------ from and after the date of the completion and acceptance of same, namely, until________________19_____ NOW, THEREFORE, if the said-----SRD_SNGINEERING INC. shall for a period of__9NE_�1�_Y1~AR___ -_-from and after the date of the completion and acceptance of same by said__-_-____ CITY Or HUNTINGTON BEACH replace any and all defects arising in said work whether.resulting from defective materials'or defective - workmanship, then the above obligation to be void; otherwise to remain in full force and effect. APPPOVFD AS TO F+'ORM SRD-ENGINEERING INC. __(Sr AL) --------------------- GbIL > _.. +, City Atforney. By: �y City Attorney, BY: - ----- ----------{Scar.) FIDELITY AND DEPOSIT COMPANY OF MARYLA D r r By- ------ --- - -- ------ - -------- DIANA LASKOWSKI, Attorney-in-Fact Attest:----------------------------------------- A gent C4048(CA)-500, 10-78 20650G CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE QrI0-30--02 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DIANA LASKOWSKI personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WI=Sq my han, /and official seal. LEXIE SHERWOODg U C01 NA.� 13.1304 �CTARY PUKiC-CA: +D SiWa&ire o Notary Public CO,CRA G JI o 2'TYQ050 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. DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND TITLE OR TYPE OS DOCUMENT NUKRER OF PAGES 1 AATE OF DOCUMENT 10-,30-02_ CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING UDELITY AM DEPOSIT COMPANY OF MAMAND NAME OF PERSONS] OR ENTITY[S] Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. ,Vice-President.and C. W. ROBBINS , Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the Bylaws of said Company,which reads as follows: "The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially aulhoritLd so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents end Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute an behalf of the Company any bonds,undertakings, recognisancea, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees'Rortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." (�1v�" does hereby nominate constitute and appoint Diana Lasko of An e , California. . . 0 rue an awful agent and Attorney-in-Fact,to make,e ,seal an r,for,and on its behalf as surety,and as its act And deed: any and all bonds and un kings . . . . . . . . . . . . . . . . � n nt a execution of such bonds or underta ' to purl�}�ti�f these presents, shall be as binding upon said Company,as fully and amply,to all intents a poses,a i1`>M had been duly executed and acknowledged by the regularly elected officers of the Company g�`�s office in"ore, Md.,in their own proper persons. The said Assistant Secretary does hereby certify th regoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-Pre ant Lind Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ............lhth.............day of ------October.................. , A.D. 19.. 5... FIDELITY AND DEPOSIT COMPANY OF MARYLAN ATTE •,..... STATE OFMARYLIND Assistant Secretary Vice-Presiden T � CITY OF IIALTIMORE On this 16 th day of October ,A.D.19 85 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as s+ich officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my he td by Official Seal,at th�cityolrBallfii ore,the day and year first above written. a0T1 7 y 000, '°•t Notary ublic Co is n Expires...July--,lit,_ 19$- CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Hoard of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY of MARYLAND at a meeting duly called and held on the 161h day of July,1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any Bower of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.' 30TH IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this...................... day of..................I..NOV..................... ; 2002 012-4 150 ----..... .. --- L1426a—Cd. "" � ssivant Secretary . 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 Gcatlemen: 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 contractor training program provisions applicable to the wage rate paid. Signature and Title $.cc aashcanl G li DECLARATION OF SATISFACTION OF CLAIMS Stale: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract'entitied s,+,s .%r and dated t� /0 o•Z. 2. All workers and persons employed, all firms suppl)7ng 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 urider the provisions of the statutes of the State of California: (if none, state "NONE") , y i declare under penalty of perjury that the foregoing is true and correct. Executed at YeY6er 4Ti�r on this �8" day of dc. adej— , (Signature of Contractor) g:cc%cuheon2 n Va _ RECEIVED BY: CITY CLERIC RECEIPT COPY Relum DUPLICATE to (Name) *'' after signingldating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATIONON . TO: Shari Freidenrich, City Treasurer ATTN: nJim Slobojan, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for S R + Company Name) Faithful Performance Bond No: Labor and Material Bond No. Monument Bond No. Maintenance Bond No. SASS 5 3 Re: Tract No. CC.-No. JJ $ MSC No. Approved *7-/-o-L _ Agenda Item No. (Council Approval Date) City Clerk Vault Na. D 0 • 6 D g jahlbonaletter.doc City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH - - TO: THOSE LISTED HEREON. FROM: Robert A. Martinez DATE: November 8, 2002 SUBJECT: - Retention Release Payment - _:__Company:Name: SRD Engineering, Inc. -.- : r=r Address: _ 18200 Yorba Linda Blvd., Suite 100 City, State and Zip Code: Yorba Linda, CA 92866 =_ -Phone Number: (714) 572-3660 Business license Number:A217588 Local Address: -Same as above - Notice of Completion Date:October 11,2002 - =% Contract Purpose: Retention Release for Cash Contract 1186, Five Catch Basins in Downtown 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 to Gang as .no stop .notices_or- outstanding invoices are on file with the City. certify that no stop notices are o e subject at this 'me. - -- Date/ Robert F. Beardsley, Public Works irector _ certify that there are no outstanding invoices on file. _- - Date S i reidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date Connie Brockw ity_Clerk - := Retention Release Memo _ : ._ : - .... . -11/8/2002 2:01 PM -- Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BOND# 08655153 Maintenance Bond PREMIUM: - INCLUDED IN PERFORMANCE BOND ICNOW ALL MEN BY THESE PRESENTS: That----S-RD ENGINEERING INC. as Principal,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation organized under the laws of the State of Maryland and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the_CYT--Y_ OF_HUNTINGTON BEACH ------------------------------------ - - ------- -- -- - -- in the sum of-SIXTY FIVE THOUSAND TWO HUNDRED THIRTY SIX & NO/100------ -_Dpolars, ( 65 23b.0 -------------------- lawful money orr the United States of America, for the payment of which sum well and truly to be made, we hind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this---------3aTij---------day of........OCTOBER......Xff_2002 WHEREAS, on the-_-_____-__l__ __day of_ JULY 2002 the said____SRD_ENGINEERING- INC. as contractor, entered into a contract for the ' --IMPROVEMENTS TO FIVE_CATCH BASINS_IN_ THE_DOWNTOWN AREA; CC118Er--------------- - work required in the construction of the---------------------------------------------------- for the sum of ---; and WHEREAS, under the terms of the specifications for said work, the said_SBD_MG110,F.RIVG_ ING__ -----------------------------------------------------is required to give a bond equal to_100; per cent of the amount o€ the contract to protect the__CITY OF HUNTINGTON BEACH against the result of faulty materials or workmanship for a period of__M_.M_Y5AR------------------ from and after the date of the completion and acceptance of same, namely, until----------------19__.__ NOW, THEREFORE, if the said------SRD_ENGINEERING INC. shall for a period of R ___ -__from and after the date of the completion and acceptance of same by said________- CITY OF HUNTINGTON BEACH - replace any and all defects arising.in said work whether resulting 'from defective materials or defective workmanship, then the above obligation to be void;otherwise to remain in full force and effect. APFP.ut� AS m0 FORM SRD-ENGINEERING INC. ------_(Sr.-L ) GA-` ;_; City AC;Omey. -- ----------------- ?,Y: City Lttorney, BY: -------- ------------- ------------{SrAr.) FIDELITY AND DEPOSIT COMPANY OF MARYLAND COP DIANA LASKOWSKI, A Uorney-in-Fact Attest:----------------------------------------- A gent c404B(CA)--500, 10-78 2cw306 Cite of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92649 Subject: Certif cation of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gcatlernen; The undersigned, contractor on C'a-le-lt .7�s i n v whw Pro3ect 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 these required by the contract provisions, and that the work performed by each such laborer,mechanic, apprentice or trainee confonned to the classifications set forth in the contractor training program provisions applicable to the%vage rate paid. Sign%turn add-Title C(OPY' - s:�cuh�o�t G,0, - 9 % h Y �!. DECLARATION OF SATISFACTION OF CLAIMS state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully' described in the public works contract entitled -2�7'vf- �a 7!� srsrs .�r �ewk ww and dated 7 /� O•Z. 2. All workers and persons employed, all firms suppI}ing 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 tho State of California: (if none, state"NONE' i declare under peialty of perjury that the facegoing is true.and correct. Executed at C* on this L4day of 6e-76sct— , zl*� (Signature of Contractor) j.ccAcuhconx / `•. r- - - 4 i I, t Csi Dti� •- . CONFORMED COPY Recorded in Official Records. County of Orange � Darlene Bloom, Clerk-Recorder Not Compared with Original `�. �� I WHEN RECORDED MAIL TO: �Illli�lllllil; f , 11411111111!111 NO FEE CITY OF HUNTINGTON BEACH 2O020966421 10:51am 11104102 Office of the City Clerk 204 23 N12 1 P.O. Box 190—2000 Main St. 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee; 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to SRD Engineering, Inc. who was the company thereon for doing the following work to-wit: VARIOUS IMPROVEMENTS TO FIVE CATCH BASINS IN DOWNTOWN AREA; CC-1186 This project includes Placement of new 18" RCP pipe, constructing new junction structures and catch basins, placement of concrete sidewalks, curbs and gutters, concrete local depressions, and curbside grating at 12'h Street& Main Street, 13"' Street & Orange Avenue, and 12t' Street& Palm Avenue. That said work was completed October 11, 2002 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on October 11, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Fidelity and Deposit 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 October 11 Director of Public Works or City En6irfeer City of Huntington Beach, California STATE OF CALIFORNIA } County of Orange }ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this October 11, 20 -of Public Works or City EKgineer L1 City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 Recorded in Official Records, County of Orange Darlene Btoom, Clerk-Recorder WHEN RECORDED MAIL TO: !,ll!!4'�II��,II'�1i31'�,llil��;11'Ill;l'1111111F.'�I;l��11.11'NO FEE CITY OF HUNTINGTON BEACH Office of the City Clerk 2O020966421 10:51am 11104102 P.O. Box 190—2000 Main St. 204 23 N12 1 Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to SRD Engineering, Inc. who was the company thereon for doing the following work to-wit: VARIOUS IMPROVEMENTS TO FIVE CATCH BASINS IN DOWNTOWN AREA; CC-1186 This project includes Placement of new 18" RCP pipe, constructing new junction structures and catch basins, placement of concrete sidewalks, curbs and gutters, concrete local depressions, and curbside grating at 12"' Street& Main Street, 13"' Street & Orange Avenue, and 12"' Street & Palm Avenue. That said work was completed October 11, 2002 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on October 11, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Fidelity and Deposit 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 October 11 Director of Public Works or City En eer City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof-, the same is true of my knowledge. declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this October 11, 20 of Public Works or City EKgineer } City of Huntington Beach, California w �--- WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH o Office of the City Clerk _-- P.O. Box 190—2000 Main St. - Huntington Beach, CA 92648 i� ..o "'L'M.j 'use c .` usnj �3U i �.;.j. Z. i • Office of the City Clerk CITY of HUNTINGTON BEACH T.- Y' _ •�: P.O. Box 190 California 92648 •' i CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH P O BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA 92548 �lIIL�II!{111[it!!1[!I!!!)f r 4; • S"r r• y 31- r_..w... =..f`-11C.- .' �T��:. �= Ilk— - _.tee_ �... - .1ihG •'i' .'SCE �u+ert-f_ _ .�_:4 - - .i: s.a _ _ - . 4 -�. �c - CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 12 , 2002 To: SRD ENGINEERING INC. 18200., Yorba Linda Blvd. Suite 100 Yorba Linda, CA 92886 Enclosed please find your original bid bond issued by Fidelity and Deposit Company for Various Improvements to 5 Catch Basins Connie Brockway, CMC City Clerk Enclosure g:/followuplcashcontlretumbidbond.doc (Telephone:714-536-5227) A, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 15, 2002 Darlene J. Bloom County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, d'4'r'� a"r Connie Brockway, CIVIC City Clerk Ij h Enclosure: Notice of Completion—SRD Engineering, Inc.—CC No. 1186—Five Catch Basin Improvements g:ifollowu plcashconttccnoUce-letter2002.doc (Telephone: 714.536-5227) .4 1 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beacn, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to SRD Engineering, Inc. who was the company thereon for doing the following work to-wit: VARIOUS IMPROVEMENTS TO FIVE CATCH BASINS IN DOWNTOWN AREA; CC-1186 This project includes Placement of new 18" RCP pipe, constructing new junction structures and catch basins, placement of concrete sidewalks, curbs and gutters, concrete local depressions, and curbside grating at 12`h Street& Main Street, 131h Street&Orange Avenue, and 12t'Street & Palm Avenue. That said work was completed October 11, 2002 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on October 11, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Fidelity and Deposit 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 October 11 /Director of Public Works or City En ' eer City of Huntington Beach, Galifomia STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this October 11, 20 L of Public Works or City EKgineer G� City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190--2000 Main St. Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 9264$ OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: August 26, 2002 TO: SRD Engineering, Inc. ATTENTION: Scott Denton Name 18200 Yorba Linda Blvd. , Ste. #100 DEPARTMENT: Street Yorba Linda CA 92886 REGARDING: CC No. 1186 City,State,Zip See Attached Action Agenda Item a-8 Date of Approval 7/1/02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: R. Beardsley DPW x x x x Name Department RCA Agreement Insurance Other S. Krieger DPW x x x x Name Department RCA Agreement Insurance Other S. Freidenrich Treas x bonds Name Department RCA Ageemeat Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza Risk Mgmt x x Name Department RCA Insurance (Telephone: 714.536.5227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF H NTiNGTON BEACH AND . � 4b . ANC FOR SEA51145 THIS AGREEMENT ("Agreement") made and entered into this 1st day of Jules 20p;�, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SF=D FN&4gMW6} G. , a California ON , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 'S -rn 5v r GJcTL_ H S 1tA 7nig PD T 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 famish, 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 agreeltorms/dty cansVrev 10-18-01 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms. conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include. A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city consUrev 10-1 Mi 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto. D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; F. 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 agreetrormslcity constlrev 10-18-01 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed 5 Dollars_ (S ( Q. ), as set forth VMNVFV0 1 i�P'I`t' Vi VbLL ffin V M60pmin the Contract ocuments, to be paid as provi ahis Agreement. 4. COMi- IENCEMENT-OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently pro ecute the PROJECT to completion within consecutive TWYS from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. S. 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 agree/forms/city consVrev 10.1&01 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various partions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CO'.s;TRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agreefformslaty constlrev 10,18-01 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability-. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent(100%)of the final contract price, including all change orders, to warrant such performance for a period of one (1)year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city constlrev 10-18-01 6 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 ($ 100 •o} per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agreefformslcity conwrrev 10-18-o1 7 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 fi fteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agreelformsiary consurev 1 D-18-01 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (I) 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. agreelformsraty const/rev 10-18-al 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made. CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent(100%) of agreetformslcity Constlrev 10-18-o1 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forrnslpty wnsvrev 10-18-01 11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, 1-1O1-D_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. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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. agreertormslaty constlrev 10-18-01 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive; subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars (SI,000,000) per occurrence. If coverage is agreelformslcity consurev 10-18-01 13 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. CERT FICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this .Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force: and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right agree/forms/city canstlrev 10-18-01 14 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. DEFAULT AND TERMINATION' If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR. CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agreelformslcity constlrev 10-18.01 15 23. 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 not further obligation to CONTRACTOR. 24. 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. 25. 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. 26. 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. agreelformslcity consVrev 10-18-01 16 27. 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. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate-different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or L. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATI-N: 2000 Main Street Huntington Beach, CA 42648 agreelforms/city constlrev 10-1B-01 17 29. 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. 30. 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 Stags Code Section 1324a regarding employment verification. 31. 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. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, 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, agreenormsicity constlrev 10-1&01 18 such that the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 33. 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. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. 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, agreelformslcity constlrev 10-18-01 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. 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. 37. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 38. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agreelformslcity constlrev 10-1 B-01 20 of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California /aim" Mayor �� ATTEST: print name ITS: (circle one)Chairman resident vice President City C'erk o8-to-a� AND By: �Z)LiT'2 APPROVED AS TO FORM: print name ITS: (circle one) ecreta ' hief Financial OfficeriAsst. �' Ctty Attorney Secretary-Treasurer I NI ND APPRO D: REVIEWED AN PPROV D: � Director of Public Works City Administrat agreeiformsiGty constirev 10-18-01 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 592 m4(ItJwy-1w6 l ;MAC,. FOR C&-ZA �s TABLE OF CONTENTS Pace No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 1 1. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATION'S IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS IO 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLALMS 11 17. WAIVER OF CLAIMS 12 18. L1MEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. DEFAULT&TERMINATION 15 23. TE.RMIhATION FOR CONVENIENCE I6 24. DISPOSIT'ION OF PLANS,ESTIMATES AND OTHER 16 25. N'ON-ASSIGNABILITY 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29, SECTION HEADINGS 18 30. Rv MIGRATION 18 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 32. ATTORNEY'S FEES 18 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 19 35. DL,'PLICATE ORIGINAL t9 36. CONSENT 20 37. SURVIVAL 20 38. Modification 20 39 ENTIRETY 20 }mplcontracts group/city const11130/02 SECTION C PROPOSAL for VARIOUS IMPROVEMENTS TO 5 CATCH BASINS at 121h St. & Main St. and 13"' St. & Orange Ave. and 121h St. & Palm Ave. CASH CONTRACT No. 1186 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 55 working days, including material delivery 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 1EXUt61T If awarded the Contract, the undersigned agrees that in the event 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 property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Ziel ;S,--d in the amount of S ioy- T Al,t which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE tem Estimated Item with unit price xten e No. Quantity written in'words - Unit Price Amount 1 45 Const. 18" RCP(I 500-D)per City Std.308 fin ft @ D.ra- h4Mdyaz Dollars S /S6. oa S G! IS-CL K e Cents Per lin ft 2 1 Const.rr1^0'wide C.B.per City Sid.301 rtl each @ 4 r !I_[otsa.&!�lfya fraxItia d Dollars $ Z ro.ad $ z zoo.oe n a Cents Per each 3 2 Const. 14'vide C.B.per City Std.301 each r-ork.�Cf--d Dollars S tf,0,0.a#a $ 91oa.ee rr a Cents Per each 4 1 Const.3 grate C.B.per APWA 302-2 each Ca. %lo.ess, d Tina... lr Dollars S. S •t• Cents Per each 5 1 Const.3 grate C.B.per APWA 303-2 each @ F:ve— 21,Nig a! )E 4f 4*,LZr4&Z Dollars 5 S 8 $ Soo.oe ,to Cents Per each 6 1 Const.junction structure"A"(modified)no manhole each @ fwo es,.Z A7% '(Y Dollars $ oSo.oa S X,5'0.o0 Cents Per each 7 285 Remove ex.sidewalk Sq ft @ &o ,r~ __.__ Dollars 1i.1. Cents Per sq ft 8 320 Const.sidewalk per City Std.207 sq ft @ f-.4 -__ Dollars $ Y .tea S / yWo.aa I=- 1�5/ __Cents Per sq ft 9 200 Remove ex.curb and gutter tin ft @ Se✓ert Dollars S 7 Se $ .12.S'ao.e o �•�Yt�/ Cents Per tin ft _ 10 3 Const.concrete collar per City Std.310 each Dollars $ Gyb.oo S / .7e"M st o Cents Per each C-1 s PROJECT BID SCHEDULE Item Estimated Item with unit.price- Extended No. Quantity written in words Unit Price Amount i l Remo%c ex.grated C.B.,curb inlet C.B.&concrete tread wall each @ %.V. 70"40%s st W bus.. ?!;e Dollars $ e .z o,ae S /aaf of a Cents Per each 12 1 Const.junction structure"A"(modified) T o as d'ie.4' Dollars $Z.va,. M S •�_ each @/w. fK� wa4 r �aa oo +Q Cents Per each 13 30 Const.curb per City Std.201 lin ft Dollars $ a2.�• S CGo•oA K Cents Per lin ft 14 175 Const.local depression per City Std 302 lin ft @ :vim Dollars S S, .-O $ 90x S"a Cents Per lin ft 15 50 Const.curb&gutter per City Std.202 lin ft @ j..,d„/y—.C; _Dollars S-.Z_fi.2 o S 3/o•eo Cents Per lin ft 16 l Mobilization .� lumpsum �awr 514-rcacr ;:;rr444.01-&�DoNarS S rS O. p 146 Cents Per lump sum 17 l Tragic control per City Stds lump sum @ 77m, F,Vr- .fa-.at'-sd Dollars S eo, ee S vo.00 u o Cents Per lump sutra 18 NOT USED @ Dollars S $ Ccnts Per 19 NOT USED @ Dollars S S Cents Per Total Amount Bid in Figures: $ Total Amount Bid in Words: S%x/ - %wre 7-4-ft rc..d Scve►t itdrs� �, iy ............••........................................ ............ ....... ............. .............................. .. ....................... .. ,. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4144, 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 iVumber By submission of this proposal, the Bidder certifies: 1. That they are able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �evm (�-rvla-4 , being first dul sworn, deposes and says that he or she is O-E5 .� .,�— off ��E���� the party making th foregoing bid that the bid is not made in the interest of, or on the b alf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address d Bidder /Y6C' h-M'a/., Subscribed and sworn to before me this day of� 12006L . NMFCY BENtBdT _ Commission#1212928 z Notary PubAc-Confomia Orange County N!y OIEM comm.Eots txr 1 a Z M NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FIVE CATCH BASINS; CC-1186, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. EC✓erg NC. Contractor By See Title Date: J // Z o a z C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes I 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 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Sx p y Contractor By $csT7 yc�s r� �res:drx 7`'� Title Date: C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER • (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ST P �•f f.7ectr.'M si .�h e. Bidder Name I81je 1".g. K->,Zc Business Address ��pr61 �.`�.�� G �2 S8(- City, State Zip (7i), '-f- z - 3G6a Telephone Number G 4e�l.Z 3 State Contractor's License No. and Class IfYI Original Date Issued '✓/30�oa3 Expiration Date The work site was inspected by �Ugz<eg of our office on Z«e- y , 2002. The following are persons, firms, and corporations having a principal interest in this proposal: SCd W ;f/t�^4, —1-4.Vern Cw74 C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Scc>�1�c.T�K Printed or Typed Signature Subscribed and sworn to before me this L day ofA&ro 200,2, . NANCY$ N EN17 ComrriWon# 121,292 z Notary Public-Car'0m14 Orange County NOTARY PUBLIC My Comm.Ex{3:t-VrF13,2003 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 t vo years: 1 .'y� c% � ��✓ r/mm r�Cssr 4_/�f'r [_ 'a.r.rt v d_aTia•� �•� . Name and Address of P bi7 lic Agency Name and Telephone No. of Project Manager: CIV,/L Aaz/'. 14 lee re+t / 3,S,z ooa o,, y�,• G 3a 00 Contract Amount Type of Work ' Date Completed 2 �o s /as��s G _ CANV02> 0i000O74a Name and )Vddress of Public Agency, Name and Telephone No. of Project Manager; 4,Av;74G ,S�F: G•zG �.S'8-� „f 4 S��ooa_ J�r-xra-r DYt:h `r�a Contract Amount Type of Work Date Completed 3. _ CO2!y/ 491 L. �t4rc✓ ���sl`j'tiafs1-1 Name and Ad red ss of Public Agency ?'T Name and Telephone No. of Project Manager: _Xe*wA �:�F•yes �o�- -/Z—7 �/a tPe rOm / 9 ! _ - ,Se..i*.,r� S�►+✓ter dr4.St� +Ja r C4 yrg w '� Contract Amount Type of Work- Date Completed C-10 2-1v 2� Bond No._08560208 Fidelityand Deposit Company - POST 01=1i1C1;BOX 1227 OF MARYLAND ML77MORE.MD 21203 BID BOND :KNOW ALL MEN BY TI HE$E PRESENTS: That we, SRD ENGINEERING INC. — _ - — as Principal, (hereinafter called the "Principal"), and dhe FIDELITY AND DEwsrr COWANY OF MARYLAND. P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of&e State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), 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-VARIOUS IMPROVEMENTS TO S CATCH BASINS AT 12TH AND MAIN STREET AND 13TH AND ORANGE AVENUE AND 12TH AND PALM AVENUE CASH CONTRACT NO. 1186 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and scaled this . 31ST_.— -------__-._—day of__._.-__MAY ---A.D.,20 02 SRD ENGINEERING INC: Principal ` T Witness — BY: -- -- -- .— �01rV Tirle FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4Sur C 6L4&4 By— __(SEAL) Prifness DAVID L. CULBERTSON— 2-1t1e 025f--50M,7-92 ATTORNEY—IN—FACT Cnefornu w Amajan &Wiaaa of AteWOeU DW.J.9 A-]10. Pchr,ary 1970 Fdhinn. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5-31-02 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON 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. WITNESS mar han and official seal . U LEXIE SHERWOOD� L�aa-A (� > NOT RYY PUB LIC-CALIFORNIA f tary ORANGE COUNTY 0 5i at a o MM EXP.JULY 27,2005 i 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PJMS I nA7'E OF DOCUMENT 5-31-02 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) E Power of Attorney FIDELITY AND DEPOSIT COMPANY.OF MARYLAND HOME OFna.aALT1M0RE.NO r KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY.AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. FECOT, JR. Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint David L. Culbertson of Anaheim, Cali ornia. . . . . . . . . . tts true and lawful agent and Attorney-in-Fact,to make,execut� end deliv d on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . . 0 e execution of such bonds or undertakings in ce of sents, shall he as binding upon said Company, as fully and amply, to all intents and purposes, as if they n duly ed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., mi own pro ns.This power of attorney revokes that issued on behalf. of David L. rtson, ted, February 13, 1981 . The said Assistant Secretary does hereby that th t set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Comps d is no i rce. IN WITNESS WHEREOF,the said V' President istant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELI DEP PANY OF MARYLAND, this 15th day of August A.D. E - o R.w, FIDELITY A POSIT COMPANY OF MARYLAND ATTEST: Asai cretary Vice-Prea�dea STATE OF MARY1.il'Yn ; . Crrr Of BAL"MORE �: On this 15th day of August , A.D. 1990 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore,the day and year first above written. — ll''• Notary Public,Comrri`sio z -A-u eu s t 1 L 19 9 2_ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of 'the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or bereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." 31ST IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this day of MAY 2002 012-4150 asi9tant Secretary i E EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board,or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recog izances, stipulations, policies, contracts,agreements,deeds, and releases and assignments of judgements,decrees,mortgages and instruments in.the nature of mortgages,...and to affix the seal of the Company thereto:" t ' I as- 04/2002 20:00 7145787489 ARMSTRONG ROBITAILLE PAGE 02/04 CERTIFICATE OF LIABILITY INSURANCE 0712$°"0°""' ppmuOla mis aEtrrineATp 1S 1S8 1111t1ED AS A MATTER OP RMA7IDN ArmstronglRobltalllo 0us&Ins3v <411 t ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 880 Langsdorf Drive,Suite 100 Vn�tij �l . T"S CERTIFICATE DOES NOT AMEND, EXTEND OR SAUTEHOLDE THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 34008 SI'Z. Fullerton,CA 92834.9409 I INSURERS AfFORDiNG COVERAGE INsUAie wslmsRA Steadfast Insurance SRO Engineering,Inc. j wAmne. Saieco Insurance 18200 Yorbe Linda Blvd.•Ste 0100 Jy'h'sunra c, General Security Insurance _ Yorba Linda,CA 92UG I+Nsuma D. State Compensation ins Fund + NsUREAB Travolers Insurance -- -- COVERAGES THE POLICIES OP INSURANCE LISTED BELOW HAVE BELFN ISSUED TO THE INSURED NAMED ABOVE? FOR THE!POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OP ANY CONTRACT CA OTHER DOCUMENT WITH RESPECT TO WHICH THLS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HIPON IS SUBJECT TO ALL THE TERUS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,� TYfE0FIN9URANCE POLICY ---- _,.�.LUTS - - A 09NERALuAmuTY SC036700BM 110126101 10125102 I EACNOCCURRE.vM i1,000,0gQ x CCIMMEACM,LGENKRALLIASILIT/I F+AEOANAGE(A,wen� l tS0 000 - CLAIMS MADE 40 OCCUR I M10 E1IP(Arty aM paean) �SO +�I I PERSONAL a ADV IWU_AY +31,000,00D _ �GfiNEflAI ApLiREdATE lZ,Ooa,000 OEN'LAGOR[{iATEL+MITAPPLl6lPER I IPROOUCT! •COUP/()PAGG �l�,nODaaO - --1 , F i•OLICY.-1 PRa Lac ._ - 13 I AUTOMDBILELIAMI Y BA8195900E 10/28101 10/25102 i L�EcoMa� +aLe urlr 11,000,000 x I ANY AUTO ..._�� .. ..._�_ 1 I I ALLCTVNEpAUTDB '; IBDOILrINJLIAV ! SCHEDULED AUTOS I (Per!.707) - - — X HIRED Auras L�CDILY IkJVRY ! :..X_I NON4NMED AUTOS -( r Aocleaml DARAGE LIABILITY AUTO ONLY•EA ACCIEMNT t .�ANY AUTO i (7rHER THAN EA AOC S _- AVID ONLY. AGG S C EXCESSLIAeluTY rICEOD01327 110/25101 110125102 EACHOCCURIWNC9 !1 Q00,000 OCCUR CLHM!MADE I AOIiAEGATE+._ �1,000,000 . DMUCTt9Le ; k. .. t RETT?MTION � I I t D wmKmn cmApENSAmw Am 46961702 101/01/02 01101I03 I x �q "Ip 1 1 i �- tMPLDTENE•LIABiLOTY ' E•L.1sACF5ACC1EIENY_ s1,040,000 IFB.LDQYASE-sACMPLOYeI_ 81,0O0,000 ' F.L.DiSOASE-POLICY LIMY S1.000.000 E QTMr" EtIuE¢nTsnt f 0Td8d808X9820 110I25101 1=5102 $150,000 each'scam RentedlLessed I $1.000 deductible i DESCRIPTION OP CPERAMON9A,OCAT*NWVEHICLESIEXCLu41aNS ADDED BY ENDGRSEME NrMPECIr1L PROV1910N9 30 Day Notice of Cancellatlon Except 10 bay for Non-pay of Premium Project: Improvements to Five Catch Basins in the Downtown Area Cash Contract 01150 City of Huntington, its agents,officers,and employees ere added as Additional Insureds per the attached andorsament CE TWICA OLDER AD INe EfllU1F31 R CAFEC TIO SHOULD ANYOF TH E ABOVE DEACFADE!D PDLICRSBE CANCDLLE D BBPCAIt TH!EEPBIATICN City of Huntington Beach Dept. DATE THEREOF,THa tSSUNG NOLIMER WILL 2XJtWttEl{WMAIL30 DAYswRmTea of Publtc Works ttDhcfiTOTHEGESIiCARHOLDERNIwIEUTDt~1ttaFr,B :t �111ILM?rLx 2000 Main Street P.O. Box 190 1 9 JAIIIxTaIEItEt»QInEeEZMtxMala�mmioaEElxrnitlx Huntington Roach,CA 92848 AUTHDRlZED RBPp!lENTAT ACORD 2545(T19n i of 2 U91762871M 1 SR145 LKC ®ACOAD COR ATIOh 1t1 AppRo"D'AS TO FORM GA.1L HUTTON, City Attorfmr 13 De 1 r i-t.; A;l,rney i- %-j-.. ••.....:1.../ .-.i-.... a A� g(3/04l2002 20;00 71A57B7489 ARMSTRONG ROBITAILLE PAGE 01/04 ARMS-rPWNG/ROBITAILLE BUSINESS AND INSURANCE SERVICC,4 Number of Pages(including Cover Page)- 4 To: Robert Martinez From, Carol Lansing City of Huntington Beach Account Manager Dept.of Public Works Ph: 714-578-7016 Fax' 714 626-7514 clans ing S arin,surancc.com FOR No: 71.4-374.1597 Date: August 5,2002 CC: Subject: SRD Engineering,Inc. Comments: Robert, We have eanended the c attifkAe to,rxoss out the"endeavor t07'clause. 14owevec,we cannot issue the CG201011/85 additional insured endorsement. The enclosed endorsement from Steadfast Insurance Co. is the only endorsement approved by this carrier. Please give me a call if you have any questions. Sincerely, &—�0-g—� c Nancy, SRA Engineering PO Box 34009 Fullerton,CA 92834-9409 680 Langsdorf Drive,Suite ' SO 100 904Z F111lerton, CA 92831 oe�cs CA Lie# 0619252 ` 0B.}A,112802 22:46 7'_45787489 ARMSTRONG ROBITAILLE PAGE 02/24 Sal d�-bo - ZURIC'H Steadfast Insurance Company POUCY NO. RF.DATE or Pa- EXP•DATE of POI.. EM DAIE of MMUC•FR DATE RNMRS�fI SC0367006201 10/25/01 10/25/02 .10/2�5/01 7540r3-WO 1111101 �� #6 NamMLzured: SRD ENGINEERING Additional Insured-Person or Organiradon(Dcsipated) Plrimary/Non-Contributory Insurance MS ENDORSEMENT CHANGES THE POLXCY. PLEME READ IT CAREFULLY Th s endorsement modifies in==provided under the: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organuzation: City of Huntington Beach, its agents, officers, and employees Dept. of Public Works Who Is An Insured(Section II)is emendod to include as an insured the person or orgvn za xon sanvm in the Schedule,but only with respect to liability arising out of your work or prrrnises owned by or rented to you. Also,the insurance provided by this policy will be primary and note-contn'butory insurance,but only as its a claim, loss or liability arising out of insured operations or work on behalf of you perfonned under an"insured contract"betwcen you and the person or organ radon shown in the Schedule above,that requires you to maintain such primary and non- contributory insurance and to include them as an additional insured. APPR09IID -.W TO FORM." GA.IL HUTTON, CitY Attorne7 ------------- n �_4 WY� Countenigned harizeti epresentative 3TF-CGL-1634 B f'tiV(7r98) 09/01/2002 22: 45 7145787489 ARMSTRONG R03ITAILLE PAGE 04/04 SAFECO' POLICY NUMBER: 80155900E COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. BLANKET WAIVER OF SUBROGATION 3. BLANKET ADDITIONAL INSURED Section IV—BUSINESS AUTO CONDITIONS A.5 Any person or organization for whom you are is amended by the addition of the following: required under an "insured contract" to provide We waive any right of recovery we may have against insurance is considered an "insured" for LiabilityCoverage, but only to the extent that person or any person or organization because of payments organization qualifies as an`insured"underthe Wno we male for 'bodily injury" or property damage" Is An fissured provision contained in Section lI of arising out of the operation of a covered"auto"when the Coverage Farris. you have assumed liability for such "bodily injury" or"property damage" under an "insured contract." 4. PRIOR NOTICE OF CANCELLATION 2. BLANKET PRIMARY INSURANCE In the event of cancellation or reduction in the Limlis This insurance is considered primary and we will of Insurance of the Coverage Form,we will mail at not seek contribution from any o#her insurance least thirty (30) days prior written notice to any erson or organization for whom you are required available to you for any person or organization for to provide such notice under an 'insured contract.' whom you are required under an"insured contract" provided you notify us of such contract requirement to provide insurance, but only to the extent that this at least forty-five(45)days prior to the cancellalicn is prov?ded under Section IV"— BUSINESS AUTO or reduction. CONDITIONS B.5 Other Insurance. gam-:,•.tea -�---•------...--- ..._._... .I A 67OCK COMPANY—E6TAF7LIg HEO 1660 PidelflyffitalDePOSH compav F+OME OFFICIE Or MARYLAND BALTIMORM .I 1 Faithful Performanee Bond BOND# 08655153 &PPROV'CD AS TO FORM'/ Pu611e 'Work j {;AxL HLT"011, C,tv d•.ttorn©y } l;y: Depnty Ci y 4%premium charged on this bond is$ 690 , being at the rate of$ 11.00 per thousand of the oontradt price) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the CITY OF HUNTINGTON BEACH State of California, entered into a contract dated 19.-- with i SRD ENGINEERING INC hereinafter designated as-the "Principal," y for the work described as follows: IMPROVEMENTS TO FIVE CATCH BASINS IN THE DOWNTOWN AREA; I CC 1186 and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW,THEREFORE,We,the Principal,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation orgainzed and existing under the laws of the State of Maryland,and duly authorized to transact business under i i the laws of the State of California, as Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH SIXTY—TWO THOUSAND in the penal awn of SEVEN HUNDRED FIFTY—EIG--HT- & NOI IOO Dollars I$-62 758.0— lawful money of the United States,for the payment of which stun well and truly to be made,we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by thtee presents. i' THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, ex- ecutors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and agreements in the said contract and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time'and in the manner therein specified, !y and in all respects according to their true intent and meaning, and shall indemnify and save harmless the- CITY OF HUNTINGTON BEACH its officers and agents, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. And the said Surety,for value received,hereby stipulates and agrees that no change,extension of time,altera- tion or addition to the terms of the contract or to the work to be performed thereunder or the specifications accom- panying the some shell in any wise affect its obligations on this bond, and it does herebv waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. I� IN WITNESS WHEREOF, We have hereunto act our hands and seals this 25TH I+ day of JULY 2002 XffX SRD ENGINEERING INC. BY: Principal 1 FIDELITY AND P S COMPANY OF : RYLAND - 1�4 By tfARLES L E Attruneyin-Fact + II 01731CAI-4M.k-Al 379457 I'I I:.I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CA XFORNIA COUNTY OF ORANGE On 7-25-02 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared CHARLES L. FLAKE 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. WITNESS my hand and official seal . L E X I E 5 F.E '.R .Ou � "---iNIOTP.?Y CA C.i1N"A c-" y � ORANGE CCUN 2S ture f Notary public nM.Ek? i';;.Y 27C 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. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMEW NUMEWR OF PAGES 1 DATE OF DOCUMEW 7-25-02 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER (S) ® ATTORNEY-IN-FACT (] TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) —' . I A STOCK COMPANY — ESTABLISHED IBHO HOME OFFICE OF M A R Y L A N © B A L T I M O R E i I Payment Bond BOND# 08655153 I - (Section 3247, Civil Code) i y LL%\a:)Pi3f (Premium included in faithful performance bond) i KNOW ALL MEN BY THESE PRESENTS: i THAT, WHEREAS..........THE CITY OF HUNTINGTON BEACH ! .....-•---------•---------•--......--•.......................................•-•-•--•-•-••-----------••--•-•---....--------•---•. I i l has awarded to....... _Rp._ENGINEERING-_INC______________ f as Contractor, a contract for the work described as follows:...�ROV.a1E.NTS TO FIVE CATCH BASINS IN THE DOWNTOWN- AREA. CC 1186 - ----------------------------------------•---------...------------------•-----------•----•-------------------.......------...-----•-..........-•---------- AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract,to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law; 1. NOW, THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto. the CITY OF HUNTINGTON BEACH -----......................................--••--.....---•--•---•-.....__. -'I'Ht3'i�SAN17'•Sl;'V I7.............•------•-•-•--------------._...--••----•------... ; in the amount required by law, the sum of__HUI >?... ZF�-EIGHT & Of 10{fJolla,s (g--b2,758.00 ), for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors } and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH, 1 That if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the.Unemployment Insurance Act with respect to work or labor performed by any such claimant, that the surety or sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. N WITNFSS WHEREOF, We have hereunto set our hands and seals this.............25TH_......................................... day of-------------1ULY..............2.002...youl ..._ :i SRD ENGINEERING INC. BY: ----... ... -----------------------------•-......------....... I ................................................................................................ Contractor FIDELITY AND DEPO M Y OF MARYLA. i i -- .. .... ---- y ------------ CHARLES L. F A!lorne -2n- sac! C3i MA1-200. 12BS 229471 Formerly CAL3177f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CAL I FORMA COUNTY OF ORANGE On 7-25-02 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared CHARLES L. FLARE 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 . WITNESS my hand and official seal . LEX!E SHER OODD� 0 COMM.# 1311304 AlliJAAel NOTARY PQ'iIC-CA'_iFCRI: Si a re a otary Public ` _ s 4RA"Ju=_C0 i__'.Y _ 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. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DoiCU?ffiNT Numm OF P1iGE8 DATE OF DOCUME rr 7--25-02 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY-IN-FACT (] TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NXME OF PERSON(S) OR ENTITY(S1 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE.BALTIMORE,MO. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by C. M. PECOT, JR. ,Vice-President,and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "Tbe Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or.Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bands, undertakings,recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assign men of judgements,d ees,mortgages and instruments in the nature of affix mortgages,... and to the seal of the Company thereto." `� does hereby nominate constitute and appoint Charles k��lake o heim, California. . . . . . . `'� a� t s roe and lawful agent and Attorney-in-Fact,to ma-����ecute,seal�jitCdeliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and uS akin . . . . . . . . . . . . . . . . . . . . n� n t e execution of such bonds or un ngs in nce of these presents, shall be as binding upon said Company,as fully and amply,to all inte d purpo ,A3 if they had been duly executed and acknowledged by the regularly elected officers of the Com` at its offi altimore, Md.,in their own proper persons. V O� The said Assistant Secretary does hereby cert the aforegoing is a true copy of Article VI,Section 2,of the By-laws of said Company,and is now in force. �\v,,J Iti WITNESS WHEREOF,the said Vice. resident and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .........16th,,,,__ p ...----..day of..............-Ju l Y............................----., A.D. 19 a 6_.--- FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: SFJtiI •�- ------------------•------...........-•-•-ry e••--------•------------. By ------------------------............--- STATE OF MARYLAND �. rf f ssisunt Secretary vice-pic-li&} CITY OF BALTIMORE On this 16 th day of July ,A.D.19 86 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. Iti TtsrIMONY WHEREOF,L have hereunto set my hand and v Official5eal,at the City of Baltimore,the do and year first above written. �rewA a • ; ................... ..... ........ ... r... .. ........ �''�o+.��'+ !Notary Pub is Commis ' n pires,Tu CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing iz a full.true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FiomtrY AND DEPOSIT COMPANY OF MARYLAND, This Certificate may be signed by facsimile under and by authority of the following resolution of.the Board of Directors of the FIDEUTY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969. RESOLVED:'"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.' Iti TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this....... STq...... day of..............DULY 2002 •............... ...AIL.. L142&—Qf. —012-4150 Assist tt Seer Cpmpany Profile Page l of 2 AM car wft Company Profile Insuta nce FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, CA 9 1 1 0 1-0000 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 39306 NAIC Group #: 0212 California Company ID#: 2479-4 Date authorized in California: January 01, 1982 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND 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. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://w«Ak-4.insurance.ca.goviwu/idb_co_prof utl.get_co_prof?p_EID=6217 8 l/2002 Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information e A, Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised -July 31,2002 08:38 AM Copyright C Cali1«rnia Department of Insurance Disclaimer http:;/ww,,v4.insurance.ca.gov/'wu/idb_co_prof utl.get_co_proPp_EID=6217 801/2002 Ratings Page Page 1 of 1 AM mpanment Cat 1 Rating Organizations Insuiance These organizations primarily rate insurers based on their financial strength. While ratings are the opinion of the organization, they can help you determine an insurer's ability to pay claims, something you will want to consider in addition to shopping for price and service. Rating organizations often use different rating scales so be sure to obtain a copy of the scale or to ask for the meaning of the rating relevant to the given scale. A.M. Best (908) 439-2200 (N.J. Office) Fitch IBCA, Duff& Phelps wvvw.fitehratings.com Moody's Investors Service (212) 553-0377 Standard & Poor's Insurance Ratings (212) 438-2000 From 2:00 p.m. to 5:00 p.m. (Pacific Time) (415) 765-5000 Weiss Ratings—Inc. (Fee for Service) (800) 289-9222 Last Revised-March 20,2001 Copyright Z Cat]fornio Department of Insurance Disclaimer http:lhvww.insurance.ca.gov,'SAB!Profilesi'R,itiiigs.htm 8.;,1,'2002 2001 Complaint Study Introduction Page I of 3 AM Gate1� 2001 Consumer Complaint Study Insurance View Introduction in PDF format(Acrobat Reader is required) In accordance with California Insurance Code $12921.1, the Consumer Complaint Study is published by the California Department of Insurance (CDI) to assist insurance consumers as they shop for insurance. In addition to using this survey, consumers should also consider coverages,premiums, agent service, and insurer financial strength before buying a policy. The CDI investigates consumer complaints and identifies whether the complaint is 'usta ifled, question-of- fact, or does not fall within either category. This leaves a remaining balance of complaints. Justified complaints often require additional review as violations of California insurance laws may exist. In 2000, the Department's Consumer Hotline handled approximately 422,364 calls related to general insurance questions. During this same period, approximately 30,624 complaint files were opened in response to mail received and complaint calls taken over the Hotline. As a result of these mediation efforts, approximately $26,432,604 was recovered for policyholders. How to use the study The tables in the study provide the following about each individual company: 2000 rank, company name, approximate number of policies or exposures in California for 2000,justified complaint ratio, number of I <. justified complaints, number of question-of-fact complaints, remaining balance of complaints, and total number of complaints for years 2000, 1. H 1999, and 1998. The CDI ranks insurers according to their justified complaint ratio. The justified complaint ratio is based on the number of justified complaints per 100,000 policies or exposures. For those companies without a ratio, ranking is done by the policy or exposure count. The CDI Complaint Study only includes complaints that are closed for a given year regardless of when the complaints were filed. I'or this study, statistics are for those complaints closed from January 1 through December 31 for calendar years 2000, 1999, and 1998. Example Page One Justified Number of Sample Rank Company Name Approximate Complaint Ratio Justified Exposure Count Complaints 2000 11999 1998 2000 1999 1998 26 Company A 200.00 0.5 1.1 1.7 1 2 3 27 Company B 300,00 0.7 1.7 2.2 2 3 4 28 Com anv C 350,0001 50 000 0.9 2.2 2.8 3 4 5 29 Com anv D 375,00 1.1 2.8 1 3.3 4 5 1 6 The table above is used to illustrate how to read the table in the study. From the table, one can learn the http:/'wNA,,%1.insurance.ca.gov.:'SAB/Complaint0l.i'lntro.htm $'1/2002 2001 Complaint Study Introduction Page 2 of 3 following information about Company C: • Company C is ranked 28th best company among 50 large insurers for homeowners insurance in 2000. In other words, 27 companies had a lower, or better, complaint ratio than Company C. • Company C insured approximately 350,000 homeowners exposures. • The company's Justified Complaint Ratio for 2000 is 0.9 - based on the number of justified complaints closed between January 1, 2000 through December 31, 2000 to the number of 100,000 earned exposures. Thus, Company C's 0.9 ratio implies that for every 100,000 earned exposures, the company had 0.9 justified complaints closed against them. • The Department closed 3 justified complaints for Company C in 2000. Page Two Number of Number of Total Number Justified Question-of-Fact Balance Sample Ran{: Company Name Co laints Complaints of Complaints m 2000 1999 1998 2000 1999 1998 2000 1999 1998 2000 1999199 26 Company A 1 2 3 0 1 1 2 2 3 4 3 6 9 27 Company B 2 3 4 l 2 3 3 4 5 6 9 12 28 Company C 3 4 5 2 3 4 4 5 6 9 12 15 y 29 Company D 4 5 6 3 4 5 5 6 7 12 15 18 • The Department closed 3 justified complaints for Company C in 2000. • The Department closed 2 question-of-fact complaints for Company C in 2000. • There were 4 complaints not meeting the criterion for either a justified or question-of- fact complaint against Company C during 2000. • A total of 9 complaints were received against Company C in 2000. Contact Information Should you have any questions about the information in these studies, please do not hesitate to contact: California Department of Insurance Consumer Communications Bureau 300 South Spring Street, South Tower Los Angeles, California 90013 (800) 9274357 Within Los Angeles and Out-of State (213) 897-8921 Telecommunication Devices for the Deaf (800) 482-4833 The Consumer Communications Bureau Hotline Hours are from 8:00 a.m. to 6:00 p.m. Pacific Time, Monday through Friday (except Holidays). Send E-mail inquiries to: 927HELP&insurance.ca.gov http://www.insurance.ca.gov.:'SAB/ComplaintOl"Intro.htm 8i1I2002 2001 Complaint Study Introduction Page 3 of 3 What Type of Complaint Study Are You Interested In? . Automobile Insurance . Homeowners Insurance . Life Insurance L8'11 Revised-April Ili,2002 Copyright 0 Calltnrnin Department of Insurance Dlselaimcr http:Hw,,vw.insurance.ca.gov/SAB/ComplaintO I llntro.htm 8/1/2002 Company Complaints Page 1 of 2 AM Company Complaint Catl'ornl p y p 1 Information I nsuran ce FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Company Performance In compliance with California Insurance Code § 12921.1, the California Department of Insurance conducted a Consumer Complaint Survey of all admitted insurance carriers. The company performance table provides the We of complaint, total complaints, number of justified and uestion-of-fact complaints, and those in neither category, the balance. Justified complaints often require additional review, as violations of California insurance laws may exist. Number of Number of Line of Coverage Type of Com IQ aint Total Complaints Justified Question-of-Fact Balance Complaints laints 1998 1999 2000M 2000 1998 1999 2000 1998 1999 2000 ommerciat k1ulti-Peril Rating-L:nderwriting 0 0 1 0 0 0 0 o 0 1 laims 0 0 2 0 0 0 2 0 0 0 omeowners Rating-Underwriting 0 3 1 0 0 0 0 0 3 1 [71ncowners rcry and Fideliry Claims 4 2 l 01 21 21 01 2 a l If complaint data does not appear for this company, this link will provide you with an ex lanation. Comparison Data The information below is for complaints closed for 1998-2000 for this insurance company. These figures are from California Department of Insurance's Consumer Complaint Survey of all admitted California insurance carriers. The table provides the Justified Complaint Ratio, Market Share, Complaint Share, and Index for this company, grouped by the line of coverage the company was authorized to sell in 1998-2000. To compare this company's complaint ratio with another's, print this page and the other company's page. Year Line v a Jusfified CQMPJ � Market Share Complaint-Share �. AQ 000 Commercial Multi-Peril 00 .135 .00 .00 000 Surely and Fidelit .00 3.635 .00 .00 http::':'ww�v4.insurance.ca.gov,lwu./CAS_CMPL_CMPR_UTL.CM PLNTS_AND—COM PRS... 8/1/2002 Company Complaints Page 2 of 2 1994 ISurety and Fidelity .00 3.292 .00 1 .00 1998 ISurety and Fidelity .00 3.223 .00 1 .00 If complaint data does not appear for this company, this link will provide you with an explanation._ The Department's Consumer Hotline handled 422,364 calls related to general insurance questions in 2000. During this same period,the Consumer Hotline and Market Conduct Branch opened 30,624 complaints that were received in the mail or by calling the Hotline. As a result of the Consumer Services and Consumer Communications staffs mediation efforts, policyholders have recovered 526,432,604. Last Revised -July 31,2002 08:40 AM Copyright.0 California Department of Insurance Disclaimer http:l/w-,k-%-4.insurance.ca.gov/wu/CAS_CM PL_CM PR_UTL.CMPLNTS_AND_COMPRS... 8/l/2002 ;u i[`\ NOTICE OF COMPLETION J. SUBMITTAL TO CITY CLERK'S OFFICE .y Hcrr . .;.Bach-V Please transmit this form with the Notice of Completion to the City Clerk's Office. Note: the City Clerk's Office has 10 DAYS from the COMPLETION DATE of the Project to file the Notice for recordation (per City Council Resolution No. 2002-10 adopted February 19, 2002): Please HAND CARRY to the City Clerk's Office. To: Connie Brockway, City Clerk x5404 1. Name of Company: SRD Engineering, Inc. C C o -- C--) = 2. Contract Information: N S A. CC No.: 1186 c; r J B. Date Project Awarded by Council: July 1, 2002 C. Corresponding Agenda Item No.: PW 02-064 3. Date of Completion: October 11, 2002 PLEASE INCLUDE: Robert A. Martinez, X-5423 Name/Extension October 11, 2002 Date Submittetl to City Clerk's Office Attachment—Notice of Completion IE�EIV�D B�: • CITY CLERK RECEIPT COPY- Return DUPLICATE to Jeffrey Hughes(ext.5260) (Name) after signingidatIng (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE- 7.0 02 SUBJECT: Bond Acceptance I have received the bonds for ;Rt) '_tjbloemtl( loc- (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. fnt"tk \44V No. Re: Tract No. CC No. MSC No. Approved 01-!g -CA Agenda Item No. (Council Approval Date) City Clerk Vault No. SK (odor 60 g:Tja hlbondletter.doe (!D09 CITY OF HUNTINGTON BEACH to " �• 1 1 DPW MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER:PW 02-064 Council/Agency Meeting Held: -ate Deferred/Continued to: ' Ap proveq ❑ Conditionally Approved ❑ Denied 0cf. City Clerk's Sig tur Council Meeting Date: July 1, 2002 Department ID Number: PW 02-054 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS , SUBMITTED BY: RAY SILVER, City AdministratorrxA.-I 7 `' PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works n '`= SUBJECT: Accept Bid for the Improvements to Five Catch Basins in the s �` Downtown Area; CC-1186 c n Statement of Issue, Funding Source,Recommended Action,Alternative Action1s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On April 1, 2002, City Council authorized a sample contract and the advertisement for bids for the Improvements to Five Catch Basins in the Downtown Area; CC-1186. On June 11, 2002, staff received bids and now requests that City Council award the contract to SRD Engineering, Inc. Funding Source: Funds in the amount of $70,000 are budgeted in the General Fund, Storm Drain Maintenance, Drainage Improvements, Account No. 10085501.83700. Recommended Action: Motion to: 1. Accept the lowest responsive/responsible bid submitted by SRD Engineering, Inc. in the amount of$62,758 for Five Catch Basins in the Downtown Area, CC-1186; and 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Reject all bids and direct staff to re-advertise or abandon the project. ' 02-064 July 1 Krieger(Accept 1186) & 612012002 9:00 AM REQUEST FOR ACTION MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER:PW 02-064 Analysis: On April 1, 2002, the City Council authorized the advertisement for bids for the Improvements to Five Catch Basins in the Downtown Area; CC-1186. Bids were opened on June 11, 2002. This project will bring the old style catch basins into compliance with current standards. Staff has reviewed the bids, which are summarized below in order of increasing bid amounts: Bidding Contractor Bid Amount Corrected From 1. SRD Engineering, Inc. $62,758.00 2. J&C Underground $62,800.75 $63,378.27 3. Wetzel Concrete, Inc. $66,876.00 4. Universal Construction $69,445.00 5. Civil Works Corp. $74,088.25 6. Savala Construction Co. $79,176.30 7. KAS Equipment & Rental $78,682.50 8. Atlas-Allied, Inc. $89,055.00 Staff completed the reference check for SRD Engineering, Inc. and received favorable results from past clients. Therefore, staff recommends that the City Council accept the bid from SRD Engineering, Inc., the lowest responsive and responsible bidder. Environmental Status: This project is categorically exempt pursuant to Class B, Section 15301 of CEQA. Attachment(s): City Clerk's Page Number No. Description 1. Location Map 2.1 Sample Construction Contract RCA Author: Krieger:jm 02-064 July 1 Krieger(Accept 1186) - 6/20/2002 9:00 AM ATTACHMENT 1 eaLSA AYE. � fn En k�IMCfR AYE. �j WAR! AYE. &A 406 1 Th 3ERT AYE PACIFlC ELL 3 AYE, m WN AYE. ADJ MS AVW AYE ILA A AW- OCEAN Li AK. � NOT TO SCALE y PARK PARK NOT TO SCALE A�c�N #3 CATCH BASIN LOCATION �F CC - 1 1 86 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 CITY 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 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 IL LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14, PROGRESS PAYMENTS 10 15. WJTHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE,HOLD HARNILESS 12 19_ WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES Or INSURANCE; ADDITIONAL INSURED 14 22. DEFAULT&TERMINATION 15 23. TERMINATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS, ESTIMATES ACID OTHER 16 25. NON-ASSIGNABILITY 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29. SECTION HEADINGS 18 30. [MN4IGRATION 18 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 32. ATTORNEY'S FEES 18 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAVtir 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 38. Modification 20 39 EN'TIRETY 20 jmplcontracts gtouplcitV const/iOWp.l CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREE-MENT ("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 agreefiormslcity constlrev 10.18-D1 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK,• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; 13. Bonds covering the work herein agreed upon; agraeflormslcity con%Vrev 10-1&-01 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto, D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the ]notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "a" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like elTect 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 agreelfarmslcity constlrev 10-18-01 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION' CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars (S }, 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 or 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 agreelforms/city const/rev 10-18-01 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW, CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW- When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agreelfor"Id y conturev 10-1a-o 5 7. NOTICE"f0 PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to arY a bond in the amount of one hundred percent(t00%) of the final contract price, including all change orders, to warrant such perfonnance for a period of one (1)year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/formstpty const/rev 10-18-01 6 the defective item or items. Upon expiration of such ten (10) day period. CITY may then make appropriate repair or replacement at COT\TRACTOR'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. IL LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agreelforrmslary constlrev 10.18-01 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONITRACTOR 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 small grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cast thereof, and including without limitation the furnishing of materials by CITY or agreefforms/aty consVrev 10,18-o1 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agreerforms/ciry consurev 10-18-01 9 13. VARIATIONS IN ESTIMATED UANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions ofthis 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 CONTRAuTOR 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. DPI` 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 perfonned 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 agreelformslaty consurev 10-1&O1 to the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon. CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agreelforms/aty Cvnstlrev 10-18-01 I 1 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, 1-101-D 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. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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. agreelformslaty constlrev 10-1B-01 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory lit-nits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is agreetformslcity consure1w 10-18-01 13 provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars (S1,000,000) 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: l. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right agree/forms/city cansVrev 10-18-01 14 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. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, tenninate 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. agreelformslaty comtrev 10-18-01 15 23. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent(7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACfOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 24. DISPOSITION OP 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. 25. 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. 26. 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. agreelformsrcity constrrev 16-18-01 16 27. STOP N`OTICES, 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. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section i hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agreetformslcity constlrev 1 o-18-01 17 29. 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. 30. 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. 31. 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. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, 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, agreatforms/city const/rev 10-18-01 19 such that the prevailing party shall not be entitled to recover its attornev's fees from the non- prevailing party. 33. 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. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. 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, agree/forms/City contVrev 10-18-o1 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. 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. 37. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive- 38. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that 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. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/formstary constlrev 10-18-01 20 of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (circle one) ChairmanTresident/Vice President City Clerk AND By: APPROVED AS TO FORM: print name ITS: (circle one) Secretary/chief Financial Officer/Asst. City Attorney Secretary-Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agreeHormslcity congVrev 10-18-01 21 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Accept Bid for the Improvements to Five Catch Basins in the Downtown Area; CC-1186 COUNCIL MEETING DATE: July 1 , 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable_ Resolution (wlexhibits & 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 Attorne Not Applicable Subleases, Third Party Agreements, etc. A roved as to form by City Attorne Not Applicable Certificates of Insurance (Approved bX the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial U�r City Clerk EXPLANATION di FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author; Krieger REQUEST FOR ACTION MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER:PW 02-064 Analysis: On April 1, 2002, the City Council authorized the advertisement for bids for the Improvements to Five Catch Basins in the Downtown Area; CC-1186. Bids were opened on June 11, 2002. This project will bring the old style catch basins into compliance with current standards. Staff has reviewed the bids, which are summarized below in order of increasing bid amounts: Bidding Contractor Bid Amount Corrected From 1. SRD Engineering, Inc. $62,758.00 2. J&C Underground $62,800.75 $63,378.27 3. Wetzel Concrete, Inc. $66,876.00 4. Universal Construction $69,445.00 5. Civil Works Corp. $74,088.25 6. Savala Construction Co. $79,176.30 7. KAS Equipment & Rental $78,682.50 8. Atlas-Allied, Inc. $89,055.00 Staff completed the reference check for SRD Engineering, Inc. and received favorable results from past clients. Therefore, staff recommends that the City Council accept the bid from SRD Engineering, Inc., the lowest responsive and responsible bidder. Environmental Status: This project is categorically exempt pursuant to Class B, Section 15301 of CEQA. Attachments): City Clerk's Page Number No. Description 1. Location Map 2. Sample Construction Contract RCA Author: Krieger:jrn 02-064 July 1 Krieger(Accept 1186) - 6/20/2002 9:00 AM SRDENGINEERING,!NC. 18200 Yorba Linda Blvd. Suite 100 Yorba Linda,CA 92886 . Tel(714)572-3660 Fax(714)572-6517 F; Y Sealed Bid For 4.-.. c� r�. r Five Catch Basins; CC-1186 In The t = City of Huntington Beach DO NOT OPEN WITH REGULAR MAIL •1 CATCH BASIN IMPROVEMENTS CC-1186 BID DATE: June 11, 2002 @ 2 PM Engineer's Estimate: $70,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. ATLAS-ALLIED, INC. 2. BEADOR CONSTRUCTTON,CO. S "` V 3. BUSO CONSTRUCTION, INC. $ 4. CRANE VEYOR CORPORATION S 5. ELITE BOBCAT SERVICE S b. E-MAE INTERNATIONAL, INC. $ 7. EXCEL PAVING $ 8. HUGHES ENGINEERING $ 9. INTERNATIONAL PAVEMENT $ 10. J & C UNDERGROUND $ 19 11. K.4S EQUIPMENT& RENTAL $ 12. KEC ENGINEERING $ 13. LBIW, INC. $ 14. PAULUS ENGINEERING, INC. S 15. PSC S i • Page 2 June 11, 2002 16. SAVALA CONSTRUCTION CO. $ 1 � u a p 17. SIM ENGINEERING, INC. S 18. SRD ENGINEERINr $ ` 19. UNIVERSAL CONSTRUCTION S 20. WETZEL CONCRETE, INC. s 21. ZOA CONSTRUCTION, INC. S 22. C�V`� DC6- 23. 24. 25. BidList PROOF OF PUBLICATION NOTICe;,SINVI'TING,, SEALED BIDS; ' STATE OF CALIFORNIA) fOraCC-1by"giv ril L"Notloe.Isy hereby"given that sealed bids;will be ` i.received by the;fCilyi bf 1 SSA Huntington'Bauh-At'the: County of Orange office Huntington' CiryfClerli,atl r City.•Hall;�-2000 Main. .street: Huntington; Beach'CA'F9264B;auntp .11he houreoi,2:00 PM:on June 11.:2002 atAwhicfi I am a Citizen of the United States and a :time bids-uvillsbi3.openad resident of the County aforesaid; l am .publicly end read:aloud_ in thg,Council Chambers over the age Of eighteen years and not a ,for the•ENTSf VARIOUS.- : PROVE BAS TO he CATCH-BASINS in the party to or interested - in the below City- of-`'Huntington Beach.. ;l entitled matter. I am a principal clerk of A eat of plans, speciti; :;cations,;, and contract documents;may.'_be`:db the HUNTINGTON BEACH INDEPENDENT, a ta66q,!slerting,May 13,,. newspaper of general circulation, printed .20o2'af cit1-of p :Department"}'ofr#P}u61io and published in the City of Huntingtona. no-refundable - nonrefundable ,fee; of Beach County of Orange, State of ,cIudS25.00',if picked of }�� ,cludad.--ffi i ked`u Xh" `J g � 535.00.;if�mailed.,- �- t1-Eachv'bid "shall!�'be California, and that attached Notice is a tmade%on the Proposal true and complete copy as was printed coima-pro'vided-.'in"Ihe' contract.docurrientsr.antl, atie a"Wiedby and published in the Huntington Beach wa'�dertitled cashier's'oi and Fountain Valley 155ue5 Of said znotiess.a bid.bond,fer_ •not lase iFian 1 D�e`ot tha- t amount of Iho.bld;made, newspaper to wit the issue(s) of: `=payable to''the-'cilyyoi. Huntington?Basch-'Tho.11 Contractor:-shall, in the performance'-of-the,work May 9 , 2002 and improve rrients;'conai for m`,to-the Labor'-- de; y e of-the,State'oftiCalifornia. Ma 16 , 2002 ;.and otfier,Laws M ofr}the State rof California ap-- May 23 , 2002 plicable thereto;with the exception only,=` .-W-6 _ va(ialions.that maybe � requiredunder,;tha�-sperm cial_statutes'pursuant`to- which'°proceedings-herei unde�l declare, under penalty of perjury, that which have"n'ot a enlsul which have not been su`= the fore oin is true and correct. Peraeiietl . by_. the l provisions of the'L`666i g Code..Preference'to'.ta- fbor shall be given.only:in the manriei.p.rovided::by, Ng tiidMshaltl l�be:can": Executed on May 23 2002 sidered°unle'ss.,it.iaunia'de: at Costa Mesa California. ' on,a,formfurnished by.''tfie;'City"of,"Huntington 1 h-Beach, :Department "of. Public Works and"is. ' �meile�:in.�acco�dance r.wilhjtho provisionsiof,the proposal,requirements. -. Each;;bidder must"be jicensed ad'r also prey' �, 1� Iaqualified;, ''a"s'required:by. r- f sea raaw�--..-'�„� The:CityjCouncil'orf-the- City;.of} Wrinting'ton {Beach reserves tole right Ao;rejact'any o ali'bids Signature By oFder,:of-,tKe=City: Council_of 'tliea'Cit"- I Huntinglon'§tBe5ch`,CaIi-• forrtia.tha`1 :o1;"''" April 2002 Connie .Brockwayy '.City.Clork;ol the,Cfty of Huntington Beacti N.":: "Published:.,Hu' ington Beach_Independent'Ma`y 02 i %TW7'1 O,r.:'t? "0Y�16>u� k 1� :'9�� ,:.'. +""�°.k r 1 r CD C'3 a7 g r c M I J 1 •J 4 .�, S` .,:°ypr: �iA.�'.. .�+ '; '�jjr$r� } ',f' � (� �S•:�: .,�.�', ir:, k.,"d�•+t i, . i, �eKr.,�N,p. ._,.,,�.,F.W ry�.n ,r r r.,. •.Wtfr n Mnr,. „r,.. � r. ..,. .:. .,�w r, YM.w. ..r ., �. ad' „'�'e° 'r�q` "'' r r.'FI:+k'.k. ! .y.'� ",At. .,Y'na1R Bs��rxC :v.si, a,� .4: s-. r k '�` ; r', , ;x i;a ,.fir r, .6'' '�'�' x '� •t4"2� ^� "+ »; ��`,. S'*g,, < En!4.''k'�', ', a ,`` STAY"'+•+: M, .� .Sa;Y'' �� �, u +y,e]eiu. {�'� .,. �'.',r��„ a;'.F � FBICITY OF HUNTINGTON Bi`-AX'CH N 1 j;GfOIq F" 2000 Main Street J ACFJ, CA P . O . Box 190 1001HAr - r p Huntington Beach , CA 92648 3. IILr LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Connie Brockway.. Date: Ma 1 2002 To: a Clerk's Office Project/C.C.No.: C.C. No. 1186 2000 Main Street Regarding: Various Improvements to 5 Huntington Beach, CA 92648 Catch Basins ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice InvifinQ Seated Bids Item# Copies Pa es Description. , 1 1 1 Notice Invitin Sealed Bids 2 3 4 5 i. These are transmitted as checked below: 6 �fg Z ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval �J1 M(a ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For reviewlcomment ❑ Other: Sp �� Remarks: On April 1, 2002, the City Council authorized the advertisement of the Various , Improvements to 5 Catch Basins; CC1186 Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 5/9, 5/16, and 5!23. The bid opening is scheduled for 6.-11. Please contact me at extension 5259 with any questions you may have. c: By: teve Kriecf ,Civil Engineering Assistant GACoxmucnoN Co,,m L4cn:(CCs)\CcI I86\I86TeANsToCu=ooc NOTICE INVITING SEALED BIDS for CC-1186 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on June 11, 2002, at which time bids will be opened publicly and read aloud in the Council Chambers for the VARIOUS IMPROVEMENTS TO 5 CATCH BASINS in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting May 13, 2002 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$25.00, sales tax included, if picked up or if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 1 st of April 2002. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 186 city clerk nisb.doc CITY OF HUNTINGTON BEACH - S � , �PY�► MEETING DATE: April 1, 2002 DEPARTMENT ID NUMBER: PW 02-015 Council/Agency Meeting Held: -0�-o'L Deferred/Continued to: XA roved Z1 Conditionally Approved I] Denied 1M.CI lerk'? tignature Council Meeting Date: April 1, 2002 Department ID Number: PW 02-015 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION __ SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL n' �CD— SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE DOWNTOWN CATCH BASIN IMPROVEMENTS; CC-1186 Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Public Works staff has prepared Contract Documents and Specifications for the improvements to five catch basins located within the Downtown area; CC-1186. Fundin-g Source: Funding in the amount of$70,000 is budgeted in the General Fund, Storm Drain Maintenance, Drainage Improvements, Account No. 10085501.83700. Recommended Action: Motion to: Approve the project plans and specifications, including the sample contract, and authorize the Director of Public Works to request bids for the improvements to five catch basins in the Downtown area; CC-1186. Alternative Action(s}: Forego approval at this time and direct staff on how to proceed with the project. 1\ 02-015 Mar 18 Krieger(Advertise 1186) -9- 3121/2002 4:35 PM REQUEST FOR ACTION MEETING DATE: April 1, 2002 DEPARTMENT ID NUMBER: PW 02-015 Analysis: Last year, the Department of Public Works assessed the condition of the drainage catch basins in the Downtown area with the goal of bringing the catch basins into compliance with current standards. Of the fifteen catch basins requiring renovation, the City's Maintenance Division has completed the retrofit of ten locations. The five remaining catch basins required engineering design. The design is now complete and the project is ready for construction. The catch basins locations are: Number 1 - East side of Orange Avenue, north of 131h Street Number 2 - North side of 131h Street, east of Orange Avenue Number 3 - East side of Main Street, south of 12"' Street Number 4 - North side of 121h Street, east of Palm Avenue Number 5 - South side of 121h Street, east of Palm Avenue Public Works Commission Review: The Public Works Commission reviewed and approved this item at its regular meeting of March 20, 2002, by a vote of 5-0-2 (Commissioners Gartland and Hartge were absent). Plans and Speciflcations: Plans and specifications are on file and available for review at the office of the City Clerk and the Public Works Engineering Division. Environmental Status: This project is categorically exempt pursuant to Class B, Section 15301 of CEQA. Attachment[s1: NumberCity Clerk's Page Description 1. Location Map 2. 1 Sample Construction Contract RCA Author: Krieger:jm 02-015 Mar 18 Krieger(Advertise 1186) -,$- 3/21/2002 4:35 PM ATTACHMENT 1 ma 4 YE 'EDd4R AVE FI[R AYE E w ER AYE A06 A T AVE PACIFIC EUJS AYE. 6AR ELD AYE. AYE S AYE. AYE A AYE. ` M AYE \ OCEAN NOT TO SCALE A� PARK PARK 1 NOT TO SCALE #3 - CATCH BASIN LOCATION CC - 1 186 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 by and between the City of Huntington Beach. a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city constlrev 10-18-01 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein. and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agreetforms/city mst/rev 10,18-01 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' 'Mews, inc., 10801 ]rational Boulevard, Los .Angeles, CA 90064. and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; C. 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 agreetformslaty conturev 10-18-01 3 CONTRACTOR shall not attempt to resolve or adiust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ _), 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 agree/forms/city tonsurev 10-18-01 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be perfonned 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 adiusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agreetformslcity constlrev 10-18.01 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agreel(ormslcity consVrev 10-1 B-01 6 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 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 agreetformslcity constlrev 10-1 B-01 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agreetformslciry constlrev 10-18.01 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DIIW shall promptly investigate the conditions and if it finds that such conditions do materially so ditTer 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. agreelformslcity Const/rev 10-18-01 9 13. VARIATIONS ICI ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent(100%) of agreetformslcity constlrev 10,18-01 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITH14ELD 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 arnount 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 riled under the provisions of the statutes of the State of California. agreelfarmslcity constlrev 10-18-01 1 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence. except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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. ,agree/tormslaty constlrev 10-18-01 12 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1961, 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including product s.completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is agree/forms/city constlrev 10-18-01 13 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: l. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right agre0lfarMS/city constlrev 10-18-01 14 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. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city constlrev 10-18-01 15 23. 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 tennination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the tennination 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 not further obligation to CONTRACTOR. 24, DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUNMENTS CONTRACTOR agrees that upon completion of the work to be perfonned 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. 25. 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. 26. 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. agreelforms/city constlrev 10-1B-01 16 27. 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 (SI00) 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. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below-, provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 'Main Street Huntington Beach, CA 92648 agree/forms/city Constlrev 10-18-01 17 29. 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. 30. 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. 31. 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 ibr payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, 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, agree/forms/city constlrev 10-18-01 18 such that the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 33. INTERPRETATION OF TI-IIS AGRLI-MENT 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. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35, DUPLICATE ORIGI'NAL 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, agreelformslcity constlrev 10-18-01 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. 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. 37. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 38. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. EN'TIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, . promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agreetformslcity constlrev 10-18-01 20 of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (circle one) ChairmanTresidentiVice President City Clerk AND By: APPROVED AS TO FORM: print name ITS: (circle one)Secretary Chief Financial Officer/Asst. City Attorney Secretary-Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agreefformslcity constlrev 10-18-01 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. I. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. T[ME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 ]I. LIQUIDATED DAMAGESIDELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE,HOLD HARMLESS 12 19_ WORKERS' COM PENS AT[ON INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. DEFAULT&TERMINATION 15 23. TERMINATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 25. NON-ASSIGNABILITY 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29. SECTION HEADINGS 18 30. IMMIGRATION 18 3L LEGAL SERVICES SUBCONTRACTING PROHIBITED I8 32. ATTORNEY'S FEES 18 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 38. Modification 20 39 ENTIRETY 20 jmplcontracts group:city const;l;30;02 J RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE DOWNTOWN CATCH BASIN IMPROVEMENTS; CC-1186 COUNCIL MEETING DATE: Aril 1, 2002 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 Attomn Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the.Cit Attome Not Applicable Financial Impact Statement Unbud et, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findin s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial U� City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (Below . . Only) RCA Author: Krieger