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T. A. RIVARD, INC. - 1992-10-19
THE ORIGINAL OF THIS DOCUMENT WHEN RECORDED MAIL TO: VAG RECORDED ON 26-SEP-1994, CITY OF HUNTINGTON BEACH DOCUMENT SUM--+DER �3�t-457S$ `= Office of the City Clerk LEE A. BRANCH., COUNTY RECORDER P.O. Box 190 ORANGE COUNTY REP. R-DER S OFFICE Huntington Beach,CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to T.A.RIVARD,INC. who was the company thereon for doing the following work to-wit: Phase I,Goldenwest Street Widening from Ellis Avenue to Warner Avenue;CC-575 That said work was completed September 20,1994, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday,September 20,1994. That upon said contract The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California,this 21st day of September1994. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 21st day of September,1994. a4 j4xj City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r I have received Ma;nrPn nea Rnnri for Phase I Gil nW ��� ]p�irlpnina Frn Flli a .�-s-=------ i�v�,�;5 75 on behalf of the Treasurer's Office. Dated Il- By: T. A. RIVARD, INC. 8894 Jurupa Road Riverside, CA 92509 5 ' . SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA DO FIRST NATIONAL INSURANCE COMPANY OF A oIERICA HOME OFFICE: SAFECO PLAZA SEATTIE,WASHINGTON 98195 Bond 5695848-M MAINTENANCE BOND KNOW ALL BY THESE PRESENTS,That we,T.A. Rivard. Inc. as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of Ca I i f or n i a , as Surety, are held and firmly bound unto C i t y of Hun t i n 9 ton- Beach/Dept . of Pub I i c Works as Obligee, in the penal sum of Three Mi I I ion For ty Six Thousand Four Hundred E i ghty Three and DO/1DO------------------------------------------- (S 3,046,483.00 ), to which payment well and truly to be made we do bind ourselves, our and sac o our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City of Huntington Beach/Dept . of Public Works dated for APPROVED AS TO 1<ORId:. Golden West Widening; CC-575 GAIT, HUTTON CITY ATTORNEY WHEREAS, said Contract has been completed,and was approved on By day of 19 Depu`y CI gttorns NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That it the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of 1 year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full fore—e—a—na—eTfect. provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Sighed,sealed and dated this 24 t h day of October , 19 94 T.A. Rivar Inc. (Seal) O� C (Seal) oo 4P Cj� j cIVOi! O SAFECO INSURANCE COMPANY OF AMERICA tiQ 13y Mary tttoraeS•-in-Fact O Q Rag-ster*d tradamyk of SAFECO CaporetiOM S-8431EP 4f90 PRINTED IN U.S.A. Pac-Coast Bond & Insurance 17-8416 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFEM HOME OFFICE; SAFECO PLAZA SEATTLE.wASHINGYON 001E5 ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ) County of Orange ) On October 24 , 1994 before me, (here inset name and title of the officer), personally appeared Mary Clifford personally known to me or proved to me on the basis of satisfactory evidence) to be the persons whose nam s islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. • SUSAN A. FARIES Signatur a (Seal) p COMM.11009685 Notary Public—California X ORANGE COUNTY PlJy Comm.Exx Nov.IS,1997 S-1157/EP 12192 M ReRisterea traCemark of SAFECO CorpwatiorL FIRST NATIONAL v FIRST ROOKLYN AVE NGTON�'� �� AMERICA INSURANCE COkVAW OF At&RICA No. 9715 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Washington corporation, Goes hereby appoint ■■■■■■■■■�■■■■■■■■■_■■■■■■■r■=■■■■f,AgRY CLIFFDRD=■=■=_■_■■_■■■■■■■■■■■■■■■■■_■■..■■■■■■_■■■■■■■ its true and lawful attorneys)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other docunents of a srnilar character issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fury as if such instruments had been duly executed by its regularly elected Officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents INS 271 h day of Apr i 1 1994 .� �-•C�/' �� ���-�•..__ � CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: `Article V. Section 13. - FIDELITY AND SURETY BONDS . . the President, any Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of Surety operations. shall each have authority to appoint individuals as attorneys-in-fact or urKW other appropriate tines with authority to execute on behalf of the company fidelity and surety bonds and other docnrmenis of similar character issued by the company in the Coarse of its business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the comp". the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution Of the Board Of Direclors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted _Uy 28. 1970. -On any certificate executed W the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By-Laws. and (n) A Copy of the power-of-attorney appointrment, executed pursuant thereto. and (iii) Certifying that said Mower-of-attorney appointment is in full force and effect. the signature of the cerlifying Officer may be by facsvrnia. and the seal of the Company may be a facsimile thereon." L R A. Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA. do hereby Certify that the foregoing extracts of the 8y-Laws and of a Resolution of the Board of Directors of this corporation. and of a Power of Aitomey issued pursuant thereto. are true and correct. and that both the BY-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, t have hereunto set my hand and affixed the facsimle seal of said Corporation INS 24th day of October 19 94 -'a` co S-todWEP 1/93 ' • CITY OF HUNTINGTON BEACH ? INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% RETE N PAYMENT Date CC ` Q_A_ • � 1 A-30 -�� The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made: Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. T. VI LELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: ti 6�Public Works Director �4. I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. - Date: CONNIE BROCKWAY City Clerk _ I certify that there are no outstanding invoices on file. Date: - _ DONALD WATSON City Treasurer 0574J DECLARATION OF SATISFACTION OF CLAIMS A 21 ✓AIZO , :wc_ , state: Name ot Contractor ) 1 . I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contra t entitled 4o4o o-/ 1,✓"-r SrXr,-_y A k/� UA-A; and dated ��2y�93 �r�j°2.✓c;rrEn�i s CCC-S7S) 2 . All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of. the State of California: ( if none, state "NONE" ) i ECE � VED DePT,OF PuguC WORKS OCT 2 5 1994 HUN7]NQ-tON I declare under penalty, of perjury that the foregoing is true and correct. Executed at i ✓rgeS i QG7 C-4- on this .217-/ day of QC, b A eye__ r 19 ( Signature of Contractor ) City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on C C -57-,5- W cs—I S r' 7-- .4- WA-r� r�..ic �-� yea✓ �� Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work performed by each such laborer, mechanic , apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to khe wage rate paid . Signature and Title E E I V E D 06pT.OF PUBLIC WORKS OCT 2 5 1994 HUN'.'nNO?ON BEACH.C:A 09 WHEN RECORDED MAIL TO: DOC - 5 s 8 CITY OF HUNTINGTON BEACH 26—SEP`"1994 02-1 4 0? PM Office of the City Clerk P. O.Box 190 Recorded inOfficial Records Huntington Beach,CA 92648 of ��a"ii9^e County Cal i 1 ornia Lee A. Branch, County Recorder Page 1 of ! Fees: t 0s00 Tax: : 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to T.A.RIVARD,INC. who was the company thereon for doing the following work to-wit: Phase I,Goldenwest Street Widening from Ellis Avenue to Warner Avenue; CC-575 That said work was completed September 20,1994, by said company according to plans and I p specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said R work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday,September 20,1994. OF That upon said contract The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California,this 21st day of September 1994. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 21st day of September,1994. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California APPROVED I3Y CI Y COUNCIL- . ate, rxyt. 19 9 Request for City Council Actidn September 19, 1994 Submitted to : Honorable Mayor and City Council Submitted by: Michael T_ Uberuaga, City Administrato t t � Prepared by: 01WRay Silver, Assistant City Administrator/Acting Director of Public Works 070-P Subject: PHASE I, GOLDEN WEST STREET WIDENING FROM ELLIS AVENUE TO WARNER AVENUE; CC-575, NOTICE OF COMPLETION Consistent with Council Policy? [X] Yes [ j New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Altemative Actions, Attachments: STATEMENT OF ISSUE: Golden West Street Widening, Phase I; CC-575, is now complete and ready for the filing of a Notice of Completion_ RECOMMENDED ACTION: 1. Accept the improvements on Golden West Street from Ellis Avenue to Warner Avenue for a total construction cost of $3,744,394.17; and 2_ Authorize the City Clerk to file the Notice of Completion_ ANALYSIS: On January 4, 1993, Council awarded a $3,046,483 contract fo T_ A_ Rivard, Incorporated to construct street improvements on Golden West Street from Ellis Avenue to Warner Avenue_ Subsequently, on July 6, 1993 the City Council approved a $641,871 increase to the change order limit for the construction of additional water pipelines. The following is a summary of costs of the street improvement work now completed- Council Actual Approved Expenditures Contract Amount $3,046,483 $2,934,607.73 Anticipated Change Orders 941,871 791�'" SUB TOTAL $3,988,354 $3,726,354.05 Supplemental Expenses 35,517 18,040.12 TOTAL $4,023,871 $3,744,394.17 'Includes the $641,871 increase from the 716193 City Council action. "Twenty three change orders were issued on this project resulting in a net credit to the City Y RCA September 19, 1994 Page Two Council approved $4,023,871.00 for this project. Actual expenditures for the work were $3,744,394.17, a savings of $279,746.83 (7%) FUNDING SOURCE: No additional funds are necessary from previous Council authorization_ ALTERNATIVE ACTIONS: None ATTACHMENTS: Vicinity Map MTU/RS/:AAF G 1CC575 rca 575rcaMdoc a 01i �.. U. T �l >k .aVL U.. co � _ w MIc: F:-Al ULN =.V=. �j•1EIL a c: `r AVl _` i �" rJ VI CL L) J :7 WA-�NFR AV— - N.T_S 1 f V 405 o T,, R l ?I A VL PACIFIC 9051 I ! E_LIS A`JI ;;AIcnE_n I Av_. PROJECT L OCA TION r Y - �� �c;�1 T C'W'N AV L T Af-AMS AV-- cr v^ In ;IANAPOLIS AVr � C, (D .A.'-LAN Ace AVE.zl = ` =•—i {: �: I'AV ION AVF- OCEAN `\� I A V7 PROJEC T: —J '1 C� — U L�� lie• l:`:�::�IL'.. F-1] 'jj I T-{ 0 H_,N TIii\G I =;N .3LP.C=: ' F 1 13 1. C vliC.) � ev- ��� /5t�'T 1\ atev REQUEST FOR CITY COUNCIL ACTION Date July 6 199 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: 6-couis F. Sandoval, Director of Public Works , Subject: WATER PIPELINES IN GOLDENWEST STREET; CC-575 APPROVED BY CITY COUNCIL Consistent with Council Policy? I$] Yes [ 1 New Policy or Exception 7- 40 Statement of Issue, Recommended Action, Analysis, Funding Source, Alt Statement of Issue: During the course of construction for the Goldenwest Street widening project, between Ellis and Warner Avenues (Cash Contract No. 575) , it has been found that an existing 14-inch potable water pipeline must be replaced. Additionally, a new 12-inch sub-potable water line should be installed for future irrigation water distribution to single family residential areas in the Holly--Seacliff Area. Recommended Action: 1. Approve an amendment to the current year budget by appropriating $219, 996 for the replacement of the existing 14-inch potable water line and $421, 875 for the new 12-inch subpotable water line from Account G-EW-00-000-3-01-01 in Unappropriated Water Reserve Funds to Account E-SF-PC-575-6-32-00 to accomplish the installation of these pipelines. 2. Approve expenditures of the following amounts: a) 14-inch potable water pipeline replacement (1, 766 feet) $ 199, 997 10% contingency 19, 999 Total $ 219, 996 b) 12-inch subpotable water pipeline (4, 630 feet) $ 383 , 523 10% contingency 38 , 352 Total $ 421,875 3 . Approve Change Order No. 6 to Cash Contract 575 in the amount of $583 , 520 to construct the two water pipelines as listed above. 4 . Authorize raising the change order limit for the project by the amount of Change Order No. 6, $583, 520. July 6, 1993 Water Pipelines in Goldenwest Street; CC-575 Page 2 Analysis: During the course of the construction work on CC-575, the widening, resurfacing and landscaping of Goldenwest Street between Warner and Ellis Avenues, two unforeseen issues arose: First, it was discovered that an existing forty-five year old potable water pipeline was leaking extensively. Second, ongoing discussions with the State Department of Health Services (DOHS) and the Orange County Water District (OCWD) ended when DOHS informed us that the requirements forthcoming in amendments to Title 22 of the California Code of Regulations for using reclaimed water to irrigate typical R1 single family lots would be very stringent. Staffs of both the Water Division and the Orange County Water District have reviewed these requirements and have found that compliance with them would not be cost effective in this case. The inconvenience and expense to the City's customers would also be unreasonable. Together, the staffs of the Water Division and the Orange County water District determined that to pursue the use of reclaimed water on R1 subdivisions would not be prudent at this time. This determination was a setback for the Green Acres Reclaimed Water Project and all of the single family residential subdivisions in the Holly-Seacliff area. These two issues require individual, detailed explanations. 14-inch Pipeline (Potable) As the 'City's contractor on CC-575, T. A. Rivard, Inc. , uncovered the existing 14-inch steel pipeline in Goldenwest Street to construct a connection, it was obvious that the wet soil around the pipeline was cause for concern. Upon closer investigation, it was found that the wet soil was caused by leakage from the pipeline and that the wet soil was evident along much of the pipeline's length. Physical examination of the pipe's steel shell showed that the pipeline was full of corrosion resulting from its long time underground. It was concluded that the pipeline had lived out its useful life and that complete replacement was the best and most economical long term solution. Water Division staff produced drawings from which T.A. Rivard, Inc. , was able to quote a price to replace the pipeline as part of CC-575. Staff has reviewed the quotation and feels that it is fair and equitable. 12-inch Pipeline (Subpotable) During the planning of the expansion of the Green Acres reclaimed water project into Huntington Beach, many discussions were held involving the various staffs of the Orange County Water District, the State Department of Health Services and the City's Water Division. When these discussions began about four years ago, it was believed that the relatively undeveloped Holly-Seacliff area of the City could be completely irrigated with reclaimed water. Although the planning for the area included many single family lots, it was believed that DOHS would ultimately consent to using reclaimed water for irrigation July 6, 1993 Water Pipelines in Goldenwest Street; CC-575 Page 3 for these single family lots within five to ten years. This was based on experiences with reclaimed water in Florida and Colorado, as well as in Irvine, California. With this in mind, the layouts for the Green Acres project were planned with the entire Holly-Seacliff area being developed with a second water distribution system in every street for reclaimed water. Initial indications from DOHS at that time were positive though undefined. As time and planning of the Green Acres project progressed, new tracts in the Holly-Seacliff area were constructed with dual distribution systems (potable and reclaimed) , although no reclaimed water was yet available. The irrigation system was constructed to be served with potable water until the reclaimed water became available. To date, three tracts have been completed in this manner and more are in process. As explained above, however, the recent information from DOHS, has pushed the use of Green Acres water out of the picture for single family lots in the near future. Reclaimed water may someday be feasible to use, but when it will be is not known. Not wanting to lose the concept of a useful dual distribution system, however, staff reviewed the situation and came up with a simple plan. Water wells currently used to irrigate Central Park will no longer be used when Green Acres reclaimed water begins irrigating the Park. The water from these wells, although not meeting drinking water standards because of taste and odor problems, can be used to irrigate single family lots without concern, according to DOHS. This is because the water does not originate from waste water. The plan developed by staff is to continue to plan to irrigate open space and multifamily residential areas with Green Acres Water (which is permitted by DOHS) and to utilize the Central Park Wells to furnish irrigation water for single family lots. The main hurdle is the transportation of the well water to its final point of use. The proposed 12-inch pipeline in Goldenwest Street discussed here is needed to accomplish this. The costs to distribute this water within the new R1 subdivisions will be borne by the developers with construction of the second distribution system at the time of development. The costs proposed to be ultimately financed by the Water Fund are: 12-inch Goldenwest Pipeline (Subpotable) (Central Park Wells to Ellis Avenue) $ 421, 875 Retrofit wells with new pumps 100, 000 * Well piping and controls 20, 000 * Total to Water Fund $ 541, 875 * Estimated costs not to be authorized at this time. The return of the City's investment is proposed to be paid back through the water revenues generated from the sale of water from the system. By using water wells already in operation, the initial cost July 6, 1993 Water Pipelines in Goldenwest Street; CC-575 Page 4 of the investment is quite low. Only modifications to the well pumps will be required. using irrigation water consumption factors typical for Huntington Beach, it is estimated that the 534 acres of land to be irrigated with subpotable water will consume 582 acre-feet (190 million gallons) per year. It is expected that this water will be sold at a 10% discount price from domestic drinking water (domestic rate is $0.75 per unit; 10% discount provides a $0. 68 per unit rate) . Based on this, the resulting revenue generated would then be approximately $245, 000 per year, including the meter charge. A simplified economic analysis for this proposed system shows the following: Estimated construction cost by Water Fund (includes overhead) $ 580, 000 Estimated Annugl Revenue: Meter Charge (1532 meters) $ 73, 000 Water Charge (190 mil. gal) _ 172 , 000 Total Estimated Revenue $ 245, 000 Estimated Annual Expense: Water Production (190 mil . gal) $ 76, 000 Maintenance 3, 000 Cost of Money (lost interest from use of reserves) 38, 000 Total Estimated Expense $ 117, 000 Annual Net Revenue: Revenue - Expense = $245, 000 - $117, 000 = $ 128, 000 Simple P back: Construction Cost $ 580, 000 ----------------- = ---------- = 4 . 5 years Annual Net Revenue $ 128, 000 This simplified analysis indicates that the proposed system when fully operational, would pay for itself in less than five years. Since the system is expected to last fifty-plus years, a five year payback is considered acceptable. After five years, all of the annual net revenue would be realized by the Water fund, since the construction cost would be paid back. Based on the information presented here, staff believes this proposed July 6, 1993 Water Pipelines in Goldenwest Street; CC-575 Page 5 system to be a viable addition to the Cityfs water system. Besides paying its own way, it will increase the total amount of water available to the City by making use of a source previously unusable. Funding Source: The funds to construct these two pipelines are proposed to be obtained from the Unappropriated Water Reserve Fund (Account G-EW-00- 000-3-01-01) . Fiscal Impact Statement No. 93-66 shows sufficient funds will remain. Altegnative Actions: 14-inch Replacement Pipeline: I. Construct at a later date when funds can be budgeted. This will result in a significantly higher cost, the defacing of a newly paved street, and the loss of a significant amount of water from leakage. 2 . Do not approve the recommended action. This will result in the newly reconstructed street being severely damaged over time due to the leakage from the existing pipeline. 3 . Direct staff to proceed with or explore some other actions. New 12-iDch Sonotable Pipeline: 1. Do not approve the recommended action. This will not allow the use of the Central Park wells for future irrigation of single family subdivisions. Domestic drinking water will need to be used for irrigation, increasing demands on the existing water system, unless the State Department of Health Services allows the use of reclaimed water in the future. 2. Construct the complete system at a later date. Increased costs due to more difficult pipeline installation in a paved street as well as inflation will result. A larger initial customer base may be apparent. 3 . Direct staff to proceed with or explore other actions. Attachments: 1. Map showing locations of pipelines 2 . Map showing ultimate service area for subpotable irrigation water system 3 . Fiscal Impact Statement No. 93-66 LFS:JRR:bb I r'k a•� 4t c� solsf . VL 1^ F F {a ! N AVM lD�.CIR, AVE u ^ � � aK bn IN S c^3 N 7 RN TAaAFnl AK CC-575 PROJECT F a ( WATER LLLIINESION ) C"mo �vE T AK Y >•D�� AvE A]w5 wK a Tyf FI IATLANT LY AVL AVEON Q�z MAP OF PROPOSED WATER LINES o � CITY OF HUNTINGTON BEACH ORANGE COUNTY CALIPORNIA ENS AVENUE CUfURE i SERVICE AREA k . rulm FUTURE SERVICE AREA SERVICE AREA N ruivRE fif� . . �IN; „ SLICE Ls 4-1 lrUTURf es ' PUTIRE SERVICE AREA. SERvfC£ E fi [R4[5 AVL�AE of fU URf T SER . . VICE AREA',', AREA .v . , . . . . . TUTURE SERVICE AREA X Goi L6A4dNUE'. .: c� W -RO AVENUE S Q / .. . fUT(Rlt SERVIC '. AREA'. ��T 1 . � � . . . . . � . . . . .. . . . . .. . � . .. . , . . SCR. . AREA � . �4F \ jAmUE V 1; . . . .. . . . . .. 70RXT4MN AV[NIJC ;: :'. . .: ::. . LEGEND Ci11t11E SERVTCE AREA SIPVI[d AREAS vh4 $E VARA[E [kRIWi1W SIPPLY SYSTEMS 14 S7PEE[S. . : .. .: . . . . ;'.'. . .. . RV ! V NL... 5E ♦ V !4 E a rUT+RE S£Pvl[F AREAS A&EA MAP SU PorA&E IRf?IGA TAM • Jjne CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUYTINGTQN BEACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: FUNDING REQUESTED TO REPLACE/INSTALL SEPARATE HATER LINES ON GOLDENWEST STREET, FIS 93-66 DATE: JUNE 22, 1993 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $641 ,872 to allow for the installation of a 12-inch water line as well as the replacement of an existing 14-inch water line, both of which are associated with the current landscaping of Goldenwest Street. Upon approval of the City Council , the balance of the ndesignated, unreserved Water Fund would be reduced to $6,900,000. r+ ROBE ANZ Deputy City Admi ni strat ,5 RJF:skd WPADSERT:1505 A, „� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 29, 1993 T. A. Rivard, Inc. 8884 Jurupa Road Riverside, CA 92509 RE: Construction of Goldenwest Street Widening Project between Ellis/Warner - Phase I - Green Acres Water Main pROJECT CC-575 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441 . Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance {Telephone: 714-536-52271 I have received i,,yment�& Per:ormance Bond --'T. A.—Rivard; Inc. -� for Goldenwest St widening project between Ellis/Warner - Phase I CC-575 Green Acres Water Main on behalf of the Treasurer's Office. Dated / -.�?d' Sr' By: �z 4 ' THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 5695846 Premium: Included A!A Document A372 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. i CONTRACTOR (Name and Address): SURETY (Name and Principal Place or usiness): T.A. Rivard, Inc. Safeco Insurance Company of America 8884 Jurupa Road 17570 Brookhurst Riverside, CA 92509 Fountain Valley, CA 92708 OWNER (Name and Address): City of Huntington Beach Department of Public works 2000 Main Street Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: Amounffhree Million Forty Six Thousand Four Hundred Eighty Three and 001100s------ De c i ti n Namean c uo W'de n Resurfagi Corr t o tia (.$3,046,483.00) and �n�sc�apinq oo at��, �onst ion o s a er ins in Golden West Street Between Ellis Avenue and warner Avenue (CC-575) BOND Date (Not earlier than Construction Cont act Date): Decenber 18, 1992 Amount: One Million Five Hundred Twent Three Thousand Two Hundred Fort One and 50/100s- 50) Modifications to this Bond: ($1 ,523,2 1 •❑ S !�None See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: ((Corporate Seal) T.A. Rivard, Safeco nsurance Company of America Signature: Signature: Name and Title: 9/ �j `r Name and i e: Jeanette A. Federico (Any additional signatures appear on page 6) Attorney-In-Fact (FOR lNFOR&IA TION ONLY — Name, Address and Telephone) AGENT or BROKER: Pac-Coast Bond & OWNER'S REPRESENTATIVE (Architect, Engineer or Insurance Services, Inc. other party): 209 Avenida Del Mar, Suite 206 San Clemente, CA 92672 ' (714)498-7211 AIA DOCUMENT AJU - YEKr OKh1ANCk UONO AND PAY•&UNT MONO - DFCEMULK Vom W. • AIA• lIlk AA4tkLCAN INITIfUTE Of AKCHJIECTy. 17JS NEW YOKK AVE., N.W., WAlHiNGTON, V.C_ luaus APPROVED AS TO FO�12_19g.} 4 fOU)CM PKINJING - SEPTEJMMEK IWW GAIL HUTTON, City Attorney By. I-eput* ,City Attcrnew u •.9t 1 The Contractor and the Surety, jointly and severally, Ll Send •n answer to the Claimant, with a copy bind themselves, their heirs, executors, administrators, to the Owner, within 45 days after receipt of the claim, successors and assigns to the Owner to pay for labor, stating the amounts that are undisputed and the basis materials and equipment furnished for use in the for challenging any amounts that are disputed. performance of the Construction Contract, which is incorporated herein by reference. 6.2 Pay or arrange for payment of any undisputed 2 With respect to the Owner, this obligation shall be amounts. null and void if the Contractor: 7 The Surety's total obligation shall not exceed the 2.1 Prompt(r makes payment, directly or indirectly, amount of this Bond, and the amount of this Bond shall for all sums due Claimants, and be credited for any payments made in good faith by the Surety. 2.2 Defends, indemnifies and holds harmless the 8 Amounts owed by the Owner to the Contractor under Owner from claims, demand,,, liens or suits by any the Construction Contract that! be used For the person or entity whose claim, demand, lien or suit it. for the payment for labor, rnarrrwls or equipment performance of the Construction Contract and to satisfy furnished for use in the performance of the Construe- claims if any, under any Construction Performance Bond. lion Contract, provided the Owner has promptly By the Contractor furnishing and the Owner accepting notified the Conlractor and the Surety (at the address this Bond, they agree that all funds earned by the described in Paragraph 12) of any claims, demands, Conlractor in the performance of the Construction liens or suits and tendered defense of such claims contract are dedicated to satisfy obligations of the demands, liens or suits to the Contractor and the Contractor and the Surety under this Bond, subject to Surety, and provided there is no Owner Ue(auft. the Owner's priority to use the funds for the completion 3 With respect to Claimants, this obligation shall be null of the work. and void it the Contractor promptly makes payment, 9 The Surety shall not be liable to the Owner.Claimants directly or indirectly, for all sums due. or others for obligations of the Contractor that are 4 The Surety shall have no obligation to Claimants under unrelated to the Construction Contract. The Owner shall this Bond until: not be liable for payment of any costs or expenses of 4.1 Claimants who are employed by or have a direct any Claimant under this Bond, and shall have under this contract with the Contractor have given notice to the Bond no obligations to make payments to, give notices Surety fat the address described in Paragraph 12) and on behalf of, or otherwise have obligations to Claimants sent a copy, or notice thereof, to the Owner, slating under this Bond. that A claim is being made under this Bond and with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim, including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract with or to related subcontracts. purchase orders and other the Contractor: obligations. .7 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor ,,nd sent A copy, or notice thereof, under this Bond other titan in a court of competent to the Owner, within `U days after having last junsdiction in the location in which the work or part performed labor or last furnished materials of the work is localed or after the expiration of one year or equipment included in the claim staling, from the da[e(1) on which the Claimant gave the notice with substantial accuracy, the amount of the required by subparagraph 4.1 or Clause 4.2.3, or (2) on claim and the name of the party to whom the ms[rrials were furnished or supplied or which the last labor or service was performed by anyone for whom the labor was done or performed; or the last materials or equipment were furnished by and anyone under the Construction Contract, whichever of 2 Have either received a reject on in whole or f1J or (2) first occurs, if the provisions of this Paragraph are void or prohibited by law, the minimum period of in port front the Contractor, or not received (irnitAhon available to sureties Asa defense in thejuris- within 30 Maya ul iu►roishrng the abuve notice any cornmunrcatiun Isom the ContraUor by diction of the stilt ,hall be applicable_ which the Contractor has indicated the claim 12 Notice to the Surety, the Owner or the Contractor will be paid directly or indirectly; and sh.lf be mailed or delivered to the address shown on .3 Not having been paid within the above 30 the signature page. Actual receipt of notice by Surety, days, have sent a written notice to the Surety the owner of the Contractor, however accomplished, (at the address described in Paragraph 12)and shall be sufficient compliance As of the date received sent a copy, or notice thereof, to the Owner, A[ the address shown on the signature page. %laling That a claim is bring made under this 13 When this Bond has been furnisl►rd to comply with Bond and enclosing a copy of the previous a statutory or other legal requirement in the location written notice furnished to the Contractor. where the consiructiun was to be performed. any 5 ll a notice required by J'.►r,braph 4 Is given by the provision in this burid conflicting with said statutory Owner to the Contractor or to[he Surety,that is sufficient or legal requirement shall be deemed deleted compliance• herefrom and provisions conforming to such statutory 6 When the Claimant has sa[isfled the conditions of or other legal requirement shall he deemed incor- f aragraph 4, the Surety shall promptly and At the Surr[y's posted herein. Tfte intent is that this expense take the following actions: AIA DOCUMtNT A312 . F'tkFOknSANC( BOND AND PAIMINT BOND . D[CLMtl1K I'MA !D . AiA• THE AMtKICAN INSTIILTf Or AkCHIIt[TS, 17JS NI%V tOkA AVE, N.W. srwsHlrrGlOh. D.0 tuuud A312-19M S EOUkTH PKINTINC. • SIFUm ttk 1W Bond shall oe construed As a statutory bond and not as a Construction Contract. architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be Contractor and the Contractor's subcontractors,and all a potential beneficiary of this fiend, the Contractor shall other items for which a mechanic's hen may be asserted promptly furnish a copy of this Bond or shall permit a copy in the jurisdiction where the labor, materials or to be made. ' equipment were furnished. 15 DEFINITIONS 1S.2 Construction Contract: The agreement between 15.1 Claimant: An individual or entity have a direct the Owner and the Contractor identified on the signature page, including all Contract Documents and contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or changes thereto. equipment for use in the performance of the Contract. 15.3 Contractor Default: Failure of the Owner, which . The intent of this Bond shall be to include without has neither been remedied nor waived, to pay the limitation in the terms"labor, materials or equipment" Contractor as required by the Construction Contract that part of water, gas, power, light, heat, oil, gasoline, or to perform and complete or comply with the other telephone service or rental equipment used in the terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NOM (Spice is provided below for additional signatures of added parties, other than thosr dppcartng on the cover page.) CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Adders: All t)OCUMI.NI AM • YtNt(JXMANCt BOND AhD PAYNIItit BOND • WOMMM 14iW tD- • A.A• IM AMI141CANANSI+rt1(1: Ot ANCMItC1S, 17A NtW IONK AVE, N-W-, WASMINGION, DC- LtA. A312-1984 6 F f1UNlti YNIh 11NG • stYltMtltl( 1Y87 y POWER SAFECO INSURANCE COMPANY OF AMERICA . OF ATTORNEY HOME OFFICE SAFECO PLAZA SEATTLE.WASHINGTON 98t85 SAFECO No. 4g2 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA. a Washington Corporation. does hereby appoint ----------JEFFREY R. GRYDE; JEANET'TE A. FEDERICO; San Clemente, California---------- itstrue and lawful attorney(s)-In-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company In the course of Its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as If such Instruments had been duly executed by its regularly elected officers at Its home office_ IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents This 12th day of March 1991 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13 — FIDELITY AND SURETY BONDS the President. any Vice President. the Secretary- and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations,shah each have authority to appoint Individuals as attorneys-in-fact or under other appropriate tales with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of its business On any Instrument making or evidencing such appointment.The signatures may be affixed by facsimile On any Instrument conferring such authority or on any bond or undertaking of the company,the seal.or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced. provided, however. that the seal shall not be necessary to the validity of any such Instrument or undertaking " Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970 On any certificate executed by the Secretary or an assistant secretary of the Company seizing out. 0) The provisions of Article V, Section 13 of the By-Laws, and (Ii) A copy of the power-of-attorney appointment,executed pursuant thereto, and (III).Certifying that said power-of-attorney appointment Is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof ' I, Bon A Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation.and of a Power of Attorney Issued pursuant thereto.are true and correct.and that both the By-Laws.the Resolution and the Power of Attorney are still In full force and effect IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporation This 18tr day of De Caber , 19 92 S '300 05 3'86 PRINTEC IN G S A THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 5695846 Premium: $25,302.00 AIA Document A372 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business). T.A. Rivard, Inc. Safeco Insurance Co any of America 8884 Jurupa Road 17570 Brookhurst Riverside, CA 92509 Fountain Valley, CA 92708 OWNER (Name and Address): Department of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: Amount: Three Million Forty Six Thousand Four Hundred Eighty Three and 00/100s. Description (Name and Location): ($3,and 483.00) P } Widening, Resurfacing, Construction and );andscaping of Medians, Construction of Sewers and Water Mains in Golden West Street Between Ellis Avenue and BOND warner Avenue (CC-575) Date (Not earlier than Construction Contract Date): December 18, 1992 Amount: Three Million Forty Six Thousand Four Hundred Eighty Three and 00/100s. ($3,046,483.00; Modifications to this Bond: M None ❑ See Page 3 CONTRACTOR A5 PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) T.A. Rivard, Safeco Insurance Company of America Signature: Signature: Name and Title: T Ivy! L 5 Name an ' �JeanetteA. Federico Attorney-In--Fact (Any additional signatures appear on page 3) 1 (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: Pac-Coast Bond & OWNER'S REPRESENTATIVE (Architect, Engineer or Insurance Services, Inc. other party): 209 Avenida Del Mar, Suite 206 San Clemente, CA 92672 714 498-7211 .I AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYmENT BOND • DECEMBER 1964 ED- • AIA•APPROVED AS TO FORM: T►iE AlMERtCAN INSTITUTE OF ARCHITECTS, 173S NEw YORK AVE., N.W. WASHINGTON. D.C- 2000s GAIL HUTTON,. City "� 1 FOURTH PRINFING • SEPTEMBER 19t17 . BYc De ut,T City� Attorney me-72 SW --� I The Contractor and the Surety, jointly and severally, soon as practicable after the amount is bind themselves, their heirs, executors, administrators, determined tender payment therefor to the successors and assigns to the Owner for the performance Owner; or of the Construction Contract, which is incorporated ,2 Deny liability in whole or in part and notify herein by reference. the Owner citing reasons therefor. 2 If the Contractor performs the Construction Contract, S If the Surely does not proceed as provided in the Surely and the Contractor shall have no obligation Paragraph 4 with reasonable promptness, the Surety shall under this Bond, except to participate in cunferences be deemed to be in default on this Bond fifteen days as provided in Subparagraph 3.1- after receipt of an additional written notice from the 3 If there is no Owner Default, the Surety's obligation Owner to the Surety demanding that the Surety perform under this Bond shall arise after: its obligations undr this Bond, and the Owner shall be 3.1 The Owner has notified the Contractor and the entitled to enforce any remedy available to the Owner. Surety at its address described in Paragraph 10 below If the Surety proceeds as provided in Subparagraph 4.4 that the Owner is considering declaring a Contractor and the Owner refuses the payment tendered or the Default and has requested and attempted to arrange Surety has denied liability, in whole or In part, without further notice the Owner shall be entitled to enforce a conference with the Contractor and the Surety to any r a be held not later than fifteen days after receipt of any remedy available to the owner. such notice to discuss methods Of performing the 6 After the owner has terminated the Contractor's right Construction Contract. If the Owner, the Contractor to complete the Construction Contract, and if the Surety and the Surety agree, the Contractor shall be allowed elects to act under Subparagraph 4.1, 4.2 or 4.3 above, a reasonable time to perform the Construction then the responsibilities of the Surety to the Owner shall Contract, but such an agreement shall not waive the not be greater than those of the Contractor under the Owner's fight, if any subsequently to declare a Construction Contract, and the responsibilities of the Contractor Default: and Owner to the Surety shall not be greater than those of 3.2 The Owner has declared a Contractor Default the Owner under the Construction Contract.To the limit and formally terminated the Contractor's right to of the amount of this Bond, but subject to commitment con lete the contract. Such Contractor Default shall by the Owner of the Balance of the Contract Price to not �e declared earlier thin twenty days after the mitigation of costs and damages on the Construction Contractor and the Surety have received notice as Contract, the Surety Is obligated without duplication for: provided in Subparagraph 3.1; and 6.1 The resPansibiiitiesof the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of tion of defective work and completion of the the Contract Price to the Surety in accordance with Construction Contract; the terms of the Construction Contract or to a 6.2 Additional legal design professional and delay contractor selected to perform the Construction costs resulting from the Contractor's Default, and Contract in accordance with the terms of the contract resulting from the actions or failure to act of the Surety with the Owner. under Paragraph 4; and 4 When the Owner has satisfied the conditions of 6.3 Liquidated damages, or if no liquidated damages Paragraph 3, the Surety shall promptly and at the Surety's are specified in the Construction Contract, actual expense take one of the following actions: damages caused by delayed performance or non- 4.1 Arrange for the Contractor, with consent of the performance of the Contractor. Owner, to perform and complete the Construction 7 The Surely shall not be liable to the Owner or others Contract; or for obligations of the Contractor that are unrelated to 4.2 Undertake to perform and complete the Con- the Construction Contract, and the Balance of the struction Contract itself, through its agents or through Contract Price shall not be reduced or set off on account independent contractors; or of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than 4.3 Obtain bids or negotiated proposals from the Owner or its heirs, executors. administrators or qualified contractors acceptable to the Owner for a successors. contract for performance and completion of the S The Surety hereby waives notice of any change, Construction Contract, arrange for A contract to be including changes of time, to the Construction Contract prepared for e_ecution by the Owner and the or to related subcontracts, purchase orders and other contractor selected with the Owner's concurrence, obligations to be secured with performance and payment bonds executed by a qualified surely equivalent to the bonds 9 Any proceeding, IK al or equitable, under this issued on the Construction Contract, and pay to the Bond may be institute�in any court of competent Owner the amount of damages as described in jurisdiction in the location in which the work or Paragraph 6 in excess of the Balance of the Contract part of the work Is located and shall be instituted Price incurred by the Owner resulting from the within two years after Contractor Default or within Contractor's default; or two years after the Contractor ceased working or 4.4 Waive its right to perform and complete, arrange within two years alter the Surety refuses or fails for completion, or obtain a new contractor and with to perform its obligations under this Bond, reasonable promptness under the circumstances: whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, .1 After investigation,determine the amount for the minimum period of limitation avail- which it may be liable to the Owner and as AIA DOCUMENT.A312 • I'ERt ORMANCt IIOP%U AND PAt,M1NT BOND • DECEMIIER 1,*4 EU- • AIA4 IME AMEEEICAN INSTITUTE Of AItCHOLCIS. 1735 NEW YORK AVE-, N-W., "ASHINGTON. D C- moue A312-19U 2 FOURTH PRINTING • SEPTEMokk 1%2 MET-73 SM 4-88 able to sureties as A defense in the jurisdictionof the suite been made, including allowance to the Contractor of shall be-pplicable. any amounts received or to be received by the Owner 10 Notice to the Surety, the Owner or the Contractor shall in settlement of insurance or other claims for damages be mailed or delivered Io the address shown on the signature to which the Contractor is entitled, reduced by all valid .nd proper payments made to or on behalf of the page. Contractor under the Construction Contract. 11 When this Bond has been furnished to comply with 12.2 Construction Contract. The agreement between a statutory or other legal requirement in the location where the Owner and the Contractor identified on the the construction was to be performed, any provision in this signature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions conform- ing to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond which has neither been remedied nor waived, to shall be construed as a statutory bond and not as a common perform or otherwise to comply with the terms of the law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the 12.1 Balance of the Contract Price: The total amount Contractor as required by the Construction Contract payable by the Owner to the Contractor under the or to perform and complete or comply with the other Construction Contract after all proper adjustments have terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Note (Space is provided below for additional signatures of added parties, other than those appearing on the cover page-) CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Seal) Company: (Corporate Seal) Signature: __ Signature: Name and Title: Name and Title: Address: Address: AIA 00CUmkNI A112 • Pt NIORMANCk bOND AtiD PAY%ij K1 do io • UECIk4k1tR 19a4 ill • AIA= IHk AMtRiCAM INSHTUTI Of ANCHIUC1S. 1735 %(W YORK A►k-, N W, WA5HtNG10-%, DC 2vc" A312-1984 3 FOURTH PRINIING • $iPTIMBtR VM7 ma-74 530 � POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SEATTLE.WASHINGTON 98185 •SAFECO No. 9392 KNOW ALL BY THESE PRESENTS- That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation,does hereby appoint --JEFFREY R. GRYDE; JEANETTE A. FEDERICO; San Clemente, California---------- - its true and lawful attorneys)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly.elected officers at Its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents L. . = this 12th day of March . 199, Boh A: Dickey-Secs.-,a•y d1W-Cannon,P:cSldent CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: -"Article V, Section 13 — FIDELITY AND SURETY BONDS the President, any Vice President" the Secretary" and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business.- On any instrument making or evidencing such appointment.the signatures maybe affixed by facsimile.On any Instrument conferring such authority or on any bond or undertaking of the company the seal-or a facsimile thereof,may be impressed or affixed or in any other manner reproduced: provided. however- that the seal shall not be necessary to the validity of any Such instrument or undertaking--• Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970- "•On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By-Laws, and Iii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment Is In full force and effect" the signature of the certifying officer may be by facsimile" and the seal of the Company may be a facsimile thereof.-- I, Boh A Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and Correct.and that both the By-Laws,the Resolution and the Power of Attorney are still In full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation /,�• +:;, this 18th day of ?�2C`- [3r 19 5 n f S 1300 AS 3,86 PRINTED M U S A REQUEST FOR CITY COUNCIL ACTION January 4, 19- 3 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: i'touis F. Sandoval, Director of Public Works Subject: AWARD OF CONTRACT FOR PHASE I OF GOLDEN � EE ;c�UtiCt ELLIS AND WARNER AVENUES; CC-575 191 Consistent with Council Policy? [ X Yes ( ] New Policy or Exceptio .d � Statement of Issue, Recommendation, Analysis, Funding Source, Alternative ACLIons, lWttachmeWt5: STATEMENT OF ISSUE: On October 19, 1992, the City Council authorized a call for bids for Phase I of the Golden West Street Improvements between Ellis and Warner Avenues. RECOMMENDED ACTION: 1. Authorize the inclusion of a section of the "Green Acres" Water Main within the Golden West Widening Project between Ellis and Warner Avenues. 2. Accept the low bid and award a contract to T. A. Rivard, 8884 Jurupa Road, Riverside, CA 92509, upon receipt of authorization from Orange County EMA/AHFP to award; and 3. Authorize the Director of Public Works to expend a total of $3,382,000, which includes the contract cost of $3,046,483, estimated construction change orders of $300,000, and anticipated supplemental expenditures of $35,517 for Phase I of the Golden West Widening Improvements (CC-575). ANALYSIS: The Planning Commission approved a Negative Declaration for the project in December, 1988. This fulfilled the environmental requirements pursuant to the California Environmental Quality Act. On April 3, 1989, the City Council approved the selection of an engineering firm to prepare construction drawings and specifications for the improvement of Golden West Street, from Pacific Coast Highway (PCH) to Warner Avenue. The firm completed the street improvement plans in June of 1991 and City personnel completed the "Green Acres" water improvement plans in June of 1992. Phase I consists of the street and water improvements from Ellis to Slater, and the water improvements only from Slater to Warner. The water improvements consist of a reclaimed water line (Green Acres) and a domestic water line. The City will delay the remainder of the Golden West Improvements to accommodate work by Seacliff Partners and the Orange County Sanitation District. Seacliff Partners completed storm drain and other improvements on Golden West at PCH in November, 1992. Due to funding constraints, and in order to avoid a storm drain trench in a new street, the City delayed the construction of street improvements on Golden West from ?CH to Yorktown until the first quarter of 1993, now that the storm drain work is complete. / V Plo 5/85 i RCA; CC-575 January 4, 1993 Page two The Orange County Sanitation District will construct a sewer in Golden West from Slater to Warner in the third quarter of 1993. Again, in order to avoid a sewer trench in a new street, the City will delay the construction of street improvements on that reach until the fourth quarter of 1993, after Orange County Sanitation District completes their work. Seacliff Partners is responsible for construction of full improvements from Yorktown to Ellis as denoted in the Holly-Seacliff Development Agreement. The current schedule for construction is 1994. The City is negotiating with the Orange County Water District for reimbursement of the $1,200,000 proposed to be transferred from the Water Reserve Fund for construction of a section of the "Green Acres" water line within the project limits. The District anticipated receiving approval this month of a low interest Federal loan to pay for the next phase of the "Green Acres" water main. However, the District does not expect to fund the portion proposed in the Golden West project until late 1993 or 1994. Although it is very likely, there is no binding agreement between the District and the City to guarantee that the City will be reimbursed. The intent here is that the Green Acres main be built with the widening project now so that the street won't be torn up again a year after completion of the widening project. The Keith Companies estimated the project cost at $3,400,000. Bids were received on December 3, 1992, and are listed below in dollar amount: Contractor Bids Bid Amount 1. T. A. Rivard $3,046,483.00 2. Silveri and LeBouef 3,094,948.00 3. Griffith Company 3,264,672.00 4. Excel Paving 3,323,920.50 5. Random Construction 3,352,502.50 6. Shawnan Corporation 3,466,100.00 7 C. A. Rassmussen 3,535,439.56 8. Sully-Miller Contracting 3,710,432.25 FUNDING SOURCE: Contract Amount $3,046,483 *Project Change Orders 300,000 **Project Supplementals 35.517 TOTAL $3,382,000 * Standard 10% administrative Change Order limit may exceed the $50,000 limit per City Council Resolution Number 4896. Examples of possible Change Orders include changes in field conditions, unavailable materials, errors in the Plans, changed City requirements, and unknown existing conditions. ** Examples of Supplementals include soil and concrete testing, Edison electrical hook-up, and water service connections. RCA; CC-575 January 4, 1993 Page three County AHFP Program $ 792,000 Gas Tax 950,000 Sewer Fund 200,000 Water Fund*** 1,440,000 TOTAL 3,382,000 ***Includes a transfer of $1,200,000 in unappropriated water reserve funds. The remaining $240,000 is budgeted for traditional water main construction. Funds for this project are currently budgeted in account numbers E-SF-PC-575-6-32-00, E-SL-PC-769-6-76-00 and E-EW-PC-826-6-68-00. ALTERNATIVE ACTION: - Reject low bids or all bids and do not proceed with the construction. ATTACHMENTS Project Location Maps MTU:LFS:AAF:gd 3350g/31-33 WARNER O.C.S.D. CONSTRUCTION THIRD QUARTER 1993 FUTURE STREET CONSTRUCTION FOURTH QUARTER WATER 1993 WIPROVEMEN T S ONLY SLATEQ PHASE I STREET AND WATER uJ IMPROVEMENTS uJ a ELLIS HB. CO. CONSTRUCTION 1994 GAQFIELD r,-`TURE CONSTRUCTION YOQK I QVVN F":�ST QUARTER 1993 Q H.S. CO. CONSTRUCTION Ov FOURTH QUARTER 1992 /J 0 ti CIRCULATION PLAN OF ARTERIAL __r ! STREETS AND HIGHWAYS -:r • '+ •••+ i ADOPTED 9Y OTY COU 1_ ro ,e,-�sl s,r• RESO_UTION NO 4 968- OEC 12.1976 .•,� LEGEND: I FPCCwAY STREET CAPACITY I MAJOR Q5.000 r PRwARY 30.0DO -Lett. ---- .•_,} �••� . �- .•'- i 1 -.. SECONDARY ZO.O:IO I � I NOTE / ee.4, 1111 •'t S.,? 6"(S wnck1i UeStuti wGa Or wt i "OT -,LCCSiw,K.r V.1-OL *4-1 Or -Ar _�� WS+,IO L,rCS 4KA'C lnELS .,qx( +0 \ I �\\ ■{r,7 CM wer Cs4tS Warne r ,•� !Av Sliver_ve.• L , Actual r,\'� j \ , Ellis Ave. \ r �roJeCt Limits \ ` t ii _- I �Ior 'town e-" N �� A•� �r � I I 'rr i .Project Location CITY OF 2 HUNTINGTON BEACH OR4NGE COUNTY - CALIFQRMA GOLDEN WEST ST. -Ellis Ave. to Warner Ave. RECEIVED BY T easurer's Office/Date DATE:' Deaanber 3, 1992 ,Z�lGZNEER'S ESTIMATE: $ 3,400,000 PROTECT ENGINEER: Folaro�t�Charlonne JCB AND CC NUMBER: GOIDEN EST STREET, Ellis Avenue to Warner: OC-575 1. A & L Cbnstruction 2. All American As halt 3. Boral Resources 4. D. W. Burhoe Construction 3. Came Brothers o. Excel Pavin 3 U3 qa , 7. Franklin Reinforcin Steel 3. Griffith an H �] 00 9. Hillcrest Cbntracti 3. J F J Construction 1. Kennedy Pi Line 2. G. R. McKerve 3. Mapco Construction 4. John T. Pallo D. Randcm Cmstruction 55 5. C. A. Rassmussen r] 7. T A Rivard ' 4 re-3 • o 3. S & M Landscape _ 3. Silveri and IeBouef 3 Q ). Shawnan Co ation L. Southland Suzve in 2. Stein and Carpany 3. Sully-Miller 4. Valverde Ccnstructian 3. Westburne iipe and ply CHUBB GROUP OF INSURANCE COMPANIES rr4 ' FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount S Know All Men By These Presents, That we, Excel laving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 9 day of \ovanber A. D. nineteen hundred and 92 WHEREAS, the Principal has submitted a bid, dated Decenber 3 19 92 , for Widening, resurfacing and Landscaping of Golden West Street between Ellis Avenue and turner Avenue CC 575 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Excel Paving Company _ Principal By: ` P 4,\,G C.P. Brown President FEDERAL INSURANCE COMPANY By- Dou las A. RbLpp Attorney in Fact i �+iEO ` Form 1102-0002(Aw 4.90) a�2�7p6 QO-0 U+w POWER OF ATTORNEY KnCr!,xM 1W1 n by these Presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road. Warren. New Jersey. an Indiana CorporA- 'ion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California----------- 9ach its true and lawful Attorney-in-Fact to errecute under such designation in its name and to affix its corporate seal to and deliver for and on its behaff as surety .hereon or otherwise, bonds of any of the following classes. to-wil- 1. Bonds and Undertakings(other then Bail Bonds)filed in any suit, matter Or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking_ 2- Surety bonds to the United States of America or any agency thereof,including those required or permitted under the lam or regulations relating to Customs or Internal Revenue,License and Permit Bonds or other indemnity bonds under the laws,ordinances or regularions of any State.City,Town, Village,Board or other body or organization,public or private;bonds to Transportation Companies,Lost Instrument bonds,Lease bonds,Workers'Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3- Bonds on behalf Of Contractors in Connection with bids, proposals or contraCts. In Wltre"Whereof.The sad FEDERAL INSURANCE COMPANY has.pursuant Io no BtLe".caused bless presents Wo be spried by its Vrte Pros,oera aria Assrnant Socral"aria its corpane soot ro bs horift a1111"d this 30th day or June '° 92 r -c C f # FEDERAL fNSURANC!COMPANY B r ` b D+-on T) 'Corxtor Inn PreaideM Assfmm seiktay STATE OF NEW JERSEY County of Somerset Or," 3 0 t h day of June tg 9 2 bow rry petawn i cam richend o orornor b ma«flown and by mo kno-n No be Assio ant Ssaetry of the FEDERAL MURAMM COMPANY,die exrWWOA desa+bed in and wtlrcn eneevtea the loon rV rower a Aterrrey.and the said RKhard o O'Conhot Doing by try duly rrworn.as dspose and say that he is Aasatant secro ry of the FEDERAL 1N$~CE COMPANY and krpws the corpoirm NY dyrear,tho The semi affixed Io the h rig Power of Attorney is such corporme sea,and was thereto affixed by out"O t e BY-Lowe of amid Sompary.and that by sgrya said r aAw of Anwney as Asaatanl Sachwary 01 said Comp"by like outhany.and mat he is&Muailaea WFM Janes D Dlsa+aria«raft NM to be the Vice Presraant of said Comperry. and Iha]the agnsture or said James D Dnan subaC'ribed Io said Pow d AmYney a in try gentry handwrqug of said Junes O Daon and free thereto subscribed by afnhtoray of ud 9ytaw5 one n apayn'a t7reaer+te- Notarial Sear t,t,n••-ryf -- � Aolnarrydgsd and S to Oelwe me v qn try aria a rreyn FTOrArr / 4;.CrialC Notary Pubkc Nota,y Pucl.(_ Slalo of fiats Awslar CERTrFIGeLrtoN No 2091332 STATE OF NEW JERSEY SS_ Corn nission Expires July �a t County of Somerset 1.lfre urdara�gred.Asswenr Secnfa•y or tyre FEDERAL rNSURANCE COMPANY.do hereby oemik that Ihe bso."a a rrue oorwm from the By-Lisw3 a fhe sad Comporry■o adoped by Its Board of otncan an March 2.Im and that this OrLaw IS In full force and enact 'ARTICLE xvpl $Bacon 2 AN bonds.urldertakingt.tx)mlaM and other Ygtrurnents other than as aba"fair and on beharl at to Cdnlpany wtach 11 is authorued by law Of ns Chenai Io WxKuW.may and shall be oxKv d in 1he nine aria on behalf a the Cargry eilher by the Chairman or the Vice Cha.rnon or The Presgenf a a Vwe Preyden.pr ify whin pis sectetary a an Assreyrr Secretary.under lherr'"POCVne desrQrfatOrla,except That dry ore a more ottrcers or attwneys.m.tad desgnand M arty feedutyn of the am of Duec"a rho Emclnrye Corntn4wel.a in dry ease•of morney e■acuya as prDrrded for n section 3 belm.may e+edrTe"such Dot 1.undartafcng Of defer Oba"MA"prpvpW n ouch reedulon or polar of anoney Soetdn 3 Aid Posse O oo hey br and on b~d de Company may and&W be a eacL od in on rams end on behalf d dy Co npuy.elthe br 1le Chairman a V*Vox Cfe+*nan w the PreadHl a■VCS Ptaetders or an Assistant Vice Prosdom.prtety with the Sacretery or an Anistant secretary.under dye hespect..e desq Viibna TTfs s9eture at such offroart may be engrwaa.printed of fnhagrWhed The x9rratuee death d hhe loillow g Uadare Chyrntyn.vca Creasman,Praaidary_any v w Preader 1.dry AfatetaTa Yroe Pnrpeenl.aril Ssrxetary.sly Aoamere Senetary one de JOAO of the Company may f»arresee by boor'rrlo w any pow d rnrney a o srry cartdreasa rel"dwefro SOON"Aaswtan Secretaries or Awrrw^k Fw for purposes wry Of ascvtrng and trlfa>t,r1g Ow+at and underYkngs date ad err xreM ge detgafay n the ttiftae Ihared.and dry suerr power of a,brnoy or cortrfrcae be"such hce01714 sgrtaiurs w N&Prneo mad"be valid"bird"upon the Company and airy ouch posher so e.ecuw and serf w by such tac some agtyfure end facaimrls semi sneer be t'aka arTO dnerlg upon the Comparry erif h refpett to any owed a undertmiea+q q which lf Y attacffee•. r fw~rsadly rho and FEDERAL INSURANCE COMNWY rs duty hom reed to frorMOR fiW ffey andswery over was in each Of ay states Other UnMa Stares of Amance DetriC of CdumPa PvM4 Rco.end each of the Prarirroe!d Code wren fhe&=worn of Pneice Eawrd Word.and re also COY rnnsed y bKor ne sole auraryon bonds,undeRakngs.sic_pla meted or required by,sw '.the undersgned Assma,u Secreretary of FEDERAL INSURANCE COMPANY.do haraby carmh the tte IDrepd rg P4aref d Attatfey a n T1 a torte end ohact Cif-enunderratehidarldhTysevdudCompanyarwarns.N .hh,s 9 iliad NorerbOr .,� 92 Corpw 4t n r� L �`` 12j" Smarr ��� Aamieum c- r, ir it rr 9 �;f ' rh"DIAt,��' Pawreo ;irm 13-10.01 err 4 101 GEN;A kL orORLt£RLr Zt 10.03331 u � i RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA BOND NO: U953378 BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS ALA_ DOCUMENT NO, A-311� IFEB. 1970 ED-} KNOW ALL BY THESE PRESENTS, that we GRI FF I TH CONtPANY as Principal, hereinafter tailed the Principal, and the AELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Cl TY OF HUNT INOTON' BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF TH A'AO-,JNT B i D- - - 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 CON'i RACT NO. CC-575, W I DEN I NG, .RI;SURFACIrN(3 AND LANDSCAPING OF GOLDEN WEST STREET BETWEEN ELL IS AVENUE AND V,ARNER AVENUE IN THE Cl T Y OF HUNT 1 t,'GTQN BEACri NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter Into a _C^M zct with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be noucified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or In the �vpnt of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall Say to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid such larger amount for which the Obligee may in good faith contract with another party to perform the "nark covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and �t and sealed this 2 0 T H day of NOV E t4m-R A_D. 1992 31? I=F I TN COMPANY s f?rinCDZl7 {Sea': TH01MIA'S L.FOSS MICE PRESIDENT RELIANCE INSURANCE COMPANY 30: Ea. 10-73 WENDY BEZUIDENb1 : C T . AT SOIEP Srgo ft, 4AIUM -leiIL ~ ' RELIANCE INSURANCE COMPANY =J HEAD OFFICE, PHILApELPHIA. PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. Tha; the RELIANCE INSURANCE COMPANY. a corporation duly organized under the laws of the State of Pennsylvania-does hereby make.cor.stit•-ite and appoint t4E`aDY BEZUIDENNIOUT of RIVERSIDE, CAT IFORNIA -------- Its true and rawful Attorney-in-FacL to make.execute.se9l and delver for and On its behalf.and as its act and deed ANY AND ALL BONDS AND UNOERTAXINGS OF SURETYSHIP ---------- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executi+e Officer of the RELIANCE INSURANCE COMPANY and pealed and attested by one other of such officers.and hereby ratifies and conf-.rmS all that its Said A:Iofney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authonty of Article Vll of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7. 1978.which provisions are now In Iulf force and eNec-.reading as follows: ARTICLE VII -- EXECUTION OF BONDS AND UNDERTAKINGS 1. The Boaro of Directors.the P:esioent.the Chair-r-an of the Board,any Senior Vice President any Vice President or Assistant lice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and 10 authorize them to execute on behalf of the Company. bonds and undertakings. raCxnizar.ce3. contracts of indemnity and other writings Ob!igatory in the nature thereof. and (b) to remove any such ARorney-in-Fact at any time and revoke the y^cwer and alm.oriry given to him- 2 Attorneys-in-Fact shaft have power and autl,.or.ty. subject to the terms and limi:ar.Ons of 716 pcwer Of attorney issued to them. to execute and deliver on behalf of the Company.bonds and underlak,ngs. rec�gniza^ces_contracts of inde-nnity and other writings obligatory in the nature thereof_ The corporate seal is not necessary for the validity of any bonds and underakings. recogmrzances.contracts of indemnity and other writings obligatory in the nature th Oreoi, 3- Arorneys-in-Fact shall have power and auMonty to execute arfidavi!s.required to be attached to bonds. recognizances.contracts Of indem- nity or other conditional or obfigalory undertakings and they shall a!so have power and awroriry to cervty the f:nancial statement of Me Company and to copies of the BY-Laws of the Company or any articre or section troreor. This power of allorney is signed and seared by facsimile under ar.d by author;ty of the ICllowing Resolution adopted ty the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting he;d on the 51h day Of June. 1979.at which a quorum was present.and said Resolution has not been amended or repealed: -Resolved, nat the signatures or such drreciors and officers and the seal of the Company may be affixed to any such power of attorney or any ce.l ficate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid ar•d binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal sr•.a:l be valid and bit+ding upon the Company in the future with respect to any bond or undo-lak,ng to which it is a".ached. IN WITNESS WHEREOF. the RELIANCE INSURANCE COMPANY::as Caused W..ese presents to be signed by its Vice President and its corporate seal to be hereto affix-,J.this 11 t1-1 day of October 19 91 RELIANCE INSURANCE COMPANY /I vice President STATE OF Washington COUNTY of King On this litre day of JJJ October . 1991.personallyapoeared Lawrence W. Carlstrom to me known to bo the Vice-President or the RELJANCE INSUi3ANCE COMPANY, a ckr. !edged that he executed and attested the foregoing instrument and affixed the Seal Of said corpOratio r. thereto. and thd[ Ar-�G!e VII. $eca n 1, 2. antl O[ the By-Laws or said Company and the RCSOIu- bon."t forth therein.are stiii in full force. My Cornm,ssion Expires S'rT i May- 15 i s 94 '> } Notary Pubtc in and for Stale of ' la s h i n g n Residing at Tacoma I. Marjorie S . Hansen Assistant Secretary of tre RELIANCE tNSURANCE COMPANY. do hereby certify that the above and foregoing is a trvo and correct copy of a Power of Attorney executed by said REUANCE INSURANCE COMPANY. which is still in full force and enect IN WITNESS WHEREOF.I have herei.%to set my hand and affixed the seal of said Company this f NOVEMB 1992 - gpR.143r Ea 6/79 1, f Assistant Secretary 1v FANY ,:.a tie S . Hansen_ -- T CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we RANDOM CONSTRUCTION CO. Principal. and CONTINENTAL CASUALTY COMPANY Surety. are held and firmly bound unto CITY OF HUNTINGTON BEACH Obligee, in the sum of TEN PERCENT (10%) OF AMOUNT BID ------------------------------------------------- --------------------------------------------------------- Dollars ($10% OF AMOUNT BID) for the payment of which we Sind ourselves, our legal representatives, successors and assigns. jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for WIDENING, RESURFACING AND LANDSCAPING OF GOLDEN WEST STREET BETWEEN ELLIS AVENUE AND WARNER AVENUE # CC-575 NOW, THEREFORE. it the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into tt'a contract in writing and give sucri bond _r bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee: or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void, otherwise to remain in full force and effect. RANDOM CONSTRU ON CO Signed, sealed and dated DECEIMBER 3, 1992 IF (Principe by (Seal) CO .IEVT� CASUALTY COMPANY (Surety) • 1 by INGRID ERIKA CROSBY AtWrneyin- ct c-z3as..c 1 C/VA FW All[A.CO--I_.L.lw M". Continental Casualty Company - AN I LL i NO1 S CQIi PORAT 1 0 N POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ail Bien by these Presents. That CONTINENTAL CASUALTY COMPANY. a Corporation duty organized and exisling under the 'awS of the State of Illinois. and having its principal office 1n the City 01 Chicago. and State of Illinois. does hereb make. constitute and appoint Larr 0. Cogdill Ingrid Erika Crosby, Brian M. Kawamoto, Michelle �. Pine, Inoividually- of San Diego, California - - - - Its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign,seal and execute in Its behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY ;hereby as fuuy and t0 the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney. pursuant to the authority hereby given are hereby ratified and COnfirmed. This Power of Attorney 1s made and executed pursuant to and by authority of the following By-Law duly adopted by the Hoard of Directors of the Company- "Article IX—Execution of Documents Section 3 Appointment of Arlorney-in-fact.The President or a Vice President may,from time to time,appoint by writterlcerfificales attOrneys-in-fact to act in behalf of the Company in the excecution of policies of insurance, bonds. undertakings and other obligatory instruments of like nature_ Such attorneyS•in-fact• Subject to the limitations set forth in their respective cerlifiCates Of authority, shall have full power to bind the Company by their signature and execution of any such instruments and 10 attach the seal of the Company thereto. The President of any Vice President or the Board of Directors may at any time revoke all power and authority previously given 10 any WICitney-in-fact.' This Power of_Attorney 1s signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day Of April. 1957_ "Resolved. that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal Oi the Company may be affixed by facsimile to any Certificate of any such power, and any power or certificate bearing such facsimile signatures and seat shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed snail, with respect to any bored or undertaking to which if is attached, continue to be valid and bindino on the Company.-' in Witness Whereof. CONTINENTAL CASUALTY COMPANY has caused these oresents to be signed by its Vice President and as corporate seal to be hereto affixed on this 2uth day of November 19 91 CONTINENTAL CASUALTY COMPANY c State of Illinois 1 ; `'=°��O`"r •�� County of Cook f ss SEAL "•' J E. Purtell Vice President On this ZUth —day of November . 1991 before me personally came J. E Purtell. to me known- who, being by me duly sworn. did depose and Say that he resides 1r :he Village of Glenview- State of Illinois: that he is a Vice-President of CONTINENTAL CASUALTY COMPANY. the corporation described in and which executed the above instrument: that he knows the seal Of Said Corporation:that the seal affixed to the said instrument is such corporate seat that it was so affixed pursuant to the said lnsirumerl is Such corporate seat.that it was So affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority. and aCknowledges same to be the act and deed of said corporation_ Da Dew i N r NOTARY m ruauC� J Linda C- Dempsey ,Notary uollc CERTIFICATE My Commission Expires6C1:1ber 19, 1994 I, Robert E_ Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth 1s still 1n force. and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution o1 the Board of Directors. set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the se i o1 the said Company this 3RD day of DECIMBER 19 ?�. , ciswr Robe E Ayo Ass slant Secretary i J �J SEAL ?: Form 1.23142-8 ENV NO r� s'aa9-e Wausau - _ - Insurance Any correspondence in relation to this companies bond should be directed to A Vemt;er of We Plationwices Grcup WAUSAU INSURANCE COMPANIES 2000 WESTWOOD DR BOND DEPARTMENT PO BOX 8017 BID OR PROPOSAL BOND WAUSALt Nk"I 54402-8017 KNOW ALL MEN- ' BY THESE PRESENTS: That We. C. A. Rasmussen, Inc. (hereinafter called the principal), as principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company a corporation organi7ed and doing business under and by virtue of the laws of the State of Wisconsin,and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety. are held and firmly bound unto City- of Hunt ing ton Beach, (hereinafter called the Obligee) 2000 `fair. Street, Huntington Beach, CA 92648 in the just and full sum of------------Ten Percent of the Amount: Bid----------------------------------- Dollars (5 ---1() ------------- lawful money of the United States of America,for the payment of which,well and truly to be made, we hereby bind ourselves and our heirs,executors,administrators and each of our successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OFTHIS OBLIGATION IS SUCH THAT,WHEREAS,the above bounden principal as aforesaid,is about to hand in and submit to the obligee a bid or proposal for the Widening, Resurfacing and landscaping of Golden best Street , Hungtington Beach #CC-575 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW,THEREFORE,if the bid or proposal of said principal shall be accepted.and the contract for such work be awarded to the principal thereupon by the said obligee,and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void,otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 3rd day of December •1992 C. A. RnsmtiStian, Tnr_ PPnncepal (Seal) By � L�LCJ`G�N EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Sun:t � (Seal) 1 By Attomey-in-Fact . tPs 8[5-922g 1 192 Howard A. Tekler, Attorney—In—FacC EMPLOYERS INSURANCE OF WAUSAU A M ut ua i Company POWER OF AT'I'ORN FY (FOR BID BONDS ONLY) link?4t ALL MEN BY THESE PRESELK'I'S That the EMPLOYERS INSL'R.AN('F.CIF WAUSAI: A Mmki,i!Companc.;i c--•rp,)ration dulx organized.ind existing under the laws of the State of Wisconsin_ and having its principal office in the Ci!. of Wausau. ("punt,.' of Marathon. State of Wisconsin.has made.constituted and appointed-and rive;by these present-make.constitute and appoint HOWARD A. TE LER its true and lawful attorney-.in tact. with full power and authority hereby confer.ed in its name. place and stead.to execute. seal,acknowledge and deliver ANY AND ALL Lily RONi)S OR WRIT!rFN DOCUMENT,;, INVOLVING BID GUARAN. TEES OR IN THE NATURE THEREAFTER - - - -- - - - - - -- - - - - - - - - - - - - - - - - -- - _ . - - -- -- - - - - Z an to bind the corporation thereby as fully and to the Game extent as if such bonds were signed by the President.sealed with the corporate seal of the corporation and duly attested by Its secretary hereby ratifying and conrirming all that the said Ir attorney-in-fact may do in the premises. Z This power of attorney is granted pursuant to the follo%ing resolution adopted -% the Board of Directors of said Companv at a meeting duly called and held on the 18th day of May. 1973.which resolution i�still in effect- a "RESOLVED.that the President and any Vice President—elective or appointive--of EMPLOYERS INSURANCE OF t<.'.i WAUSAU A Mutual Company"be.and that each of them hereby is,authorized to execute powers of attorney qualifying t1 the attorney named in the Given power of attorney Lo execute on behalf of EN1PLU1'ER-9 INSURANCE OF WAUSAU A 4 Mutual Companv bonds-undertakings and all contracts of suretyship and that any secretary or assistant secretary be. and that each or any of them hereby is.authorized to attest the execution of any such power of attorney.and to attach thereto the seal of EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company" Z "FURTHER RESOLVED.that the signatures of such officers and the,seal of EMPLOYERS INSURANCE OF WAUSAU U� A Mutual Company may be affixed to anv such power of attorney"or to any certificate relating thereto by facsimile.and u1 any such power of attorney or certificate bearing such facsimile stgnmures and facsimile seal shall he valid and binding O upon the EMPLOYERS INSURANCE OF A AUSAU A NluLual(:ompan%w!ien so affixed and in the future with respect O to any hand. undertaking or contract of suretyship to %%hich it is attached" iN WITNESS WHE:RF.OF_EAIPLOYFRS INSURANC'F,OF IVAUS-1L"A Mutual Com pan."has caused these presents to be W shined by the senior vice presiden: and attcsi:d by it,assistant secr;;ary. and rt,corporate seal to be hereto alfii_d this IST day of DECEMBER 19 91 X FMPLOYERS INSURANCE OF WAUSAU A Mutual Company C-^ ?,SEAL Z = 13i11 D %hymorc Executive Vice President ~ Attest: Q � . } w R.J- L3cstcman Assistant Secretary M STATE OF WISCONSIN 1 O )ss. COUNTY OF MARATHONLL ) C O 'ST On this �—day of_ DECEMBER _ 191L_.before me personally came B,11 B 4�`vmose to me t.no.n_mho being by me dull sworn.did depose LLU and sav chat he is an cxccuti r ye s c president of the LNIPLUY any' ERS INSURANCE OF WALSAL A Mutual Comp .the corporation described in and which executed the ahovc rrntrumeni. that he knows the seal of said corporaoun: Char the seal affixed to saiif instrument is such corporate O seal and that it was so,Nixed bx order of the Sward of Directors of,aid corporation and that he signed his name thereto hV like order tl 1N WITNESS WHEREOF. i have hereunto set my hand and afsix;d me official seal the day and rear herein Gru above written- j [.( i < Patricia A Kiernan Notary Public I— NOTARY PUBLIC r O Z STATE OF WISCONSIN to Sit COMMISSION EXPIRES MAY 29. 1994 x: '•' ° �'1 STATE OF WISCONSIN , CERTIFICATE = CITY OF WAUSAU 1 ss H COGNTY OF MARATHON i I, the undersigned. assistant secretary of EMPLOYERS INSURANCE; OF WAUSAU A Mutual (company. a Wisconsin corporation.do hereby certify"that the fnregoirig and attached pnwer-';ittornec.WHICH MUST COtiTAIN A VALIDAT- ING STATEMENT PRINTED IN THE MARGIN THEREOF' IN RED INK, remain; in full force and has not been revoked.and furthermore that the resolution .f the Board of Ihr••c torb bet forth :n :he power of attorney"is still in force Signed and sealed in the City of Wausau. Marathon County.State of Wisconsin-this _ _3rd day of December lg__ 92 l� Vl_ R. J. Resteman Assistant Secretary NOTE: IF YOU HAVE: ANY QUESTIONS RFGARDING THE VALIDITY OR WORDING OF THIS POWER OF AT70RNEN*.('.Ai.i.TOLLFRF.F:(80(1);t26.16ii1 tlN11'ISC0.NS[N-Cal"I.,.'Lim))-172.(x141i 80-4222-1 9,X) J GENERAL ENGINEERING CO19TR.&CWO.1, I hereby certify that C. A. RASMUSSEN, INC. is a duly organized and existing corporation which has the power to take the action called for by the following resolution. I further certify that Thomas E. Anderson, Jr. has the authority to execute bid bonds and bid submittals as stated in the minutes of the Board of Directors meeting of C. A. Rasmussen, Inc. held on January 17, 1992 . In witness whereof, I have affixed my hand and seal of . the said corporation this 20th day of May, 1992 . Dolores G. Crawf d, Assistant secretary 2360 Shasta Way • Simi Valley. California 93065 • (805) 527-9330 1 (818) 991-3024 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY SAFECO OF AMERICA �7MrG HOME OFFICE- SAFECO PLAZA SEATTLE.WASHINGTON 98185 BID BOND KNOW ALL BY THESE PRESEMS, That we, T.A. Rivard. Inc. of Riverside. California (hereinafter called the Principal), as Principal, and SAFECO INSURkNCE COMPANY OF AMERICA(hereinafter called the Surety),as Surety,are held and firmly bound unto City of Huntington Beach (he:emafter called the Obligee) III the jx rnal sum of Ten Percent of the Total Amount Bid----------- --------------------------------------------------------- Dollars(5 10% ) fur the payment of which the Principal and the Surety bind thcmselveS, their heirs,execulur,,adminutraturs, successors and assigns,Jolnily and severally, firmly by these presents. THE CONDITIO.V OF THIS OBLIG.4710.,V 1S SUCH, That WHEREAS, the Ptincipal has submitted or is about to submit a proposal to the Obligee on a contract for • Wideninq . Resurfacing and Landscaping of Golden west Street Between Ellis and Warner Avenue CC 575 NOW. THEREFORE. If the said Contract be timely awarded to the Principal and the Principal shall,within such time as may be specilled, enter I1110 the Contract in writing, and give bond, if bond is require:;, with surety acceptable to the Ob!igee fur the faithful performance of the said Contract, then this obligation sliall be void, otherwise to remain in full force and effect. Signed and staled this 2 0 t h day of November , 19 92 T.A. Rivard. Inc. (Seal) Princinal �(/�_J .�12.�J1�/1Ld S/ • Witness avo— Title SAFECO INSURANCE COMPANY OF AMERICA dy (�. JqOhette A. Federico. Attorney-in-Fact PRINTED IN U.s.A tars { POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE PLAZA SEAT7LE.WASHING yTpN 98185 SAFECO No. 9392 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint ----------JEFFREY R. GRYDE; JEANETTE A. FEDERICO; San Clemente, California---------- itstrue and lawful attorneyfs)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character Issued by the company in the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 12th T day of _ March CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13 -- FIDELITY AND SURETY BONDS . . . the President" any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations.shall each have authority to appoint Individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any Instrument making or evidencing such appointment.the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seat,or a facsimile thereof. may be impressed or affixed or in any other manner reproduced. provided, however" that the seal shall not be necessary to the validity of any such instrument or undertaking -- Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (I) The provisions of Article V. Section 13 of the By-Laws. and (,I) A copy of the power•of-attorney appointment,executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I. Boh A. Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation.and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, f have hereunto set my hand and affixed the facsimile seal of said corporation ... this _ 20th __- day of November S 130O RS 3/86 PRINTED IN U S A Bond No. SUR 152176 Premium' included in BBSU THE AMERICAN INSTITUTE OF ARCHITECTS ;I AIA DocurnentA310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we SILVERI & LE BOUEF JOIVr VENIURE 1229 N. Olive street (Here Insert full name and address or legal title of Contractor) Anaheim CA 92801 as Ptt nclpat.hereinafter called the Principal.and GOLDEN EAGLE INSURANCE COMPANY i 5385 El Cajon Blvd. (Here insert k9 name and address or legal title of Suety) San Diego, CA 92115-5335 a corporation duly orgamed under the laws of the State of California as Surety.hereinafter caged me Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here insert full name and address or legal title of Owner) i as Obligee,hereinafter called tt,e Obligee.in the sure of TEN PERCENT OF THE AMOUNT BID-------- ------------------•---------------------------------Dollars(S 10%-------- }. tor the payment of which sum well cnd t1Lly to be made.the said Principal and the said Surety,bind oursowies. our heirs.executors.administrctors_successors and c ssigru.jointly cnd severally.Arrnly by these presents. = VMEREAS,the Principal hassubmitted a bid for tdIDLNING, RESURFACING, AND LANDSCAPING OF GOLDEN WEST STR= =1EEQ FTJ S AVENURHere insert full name.cclCress and aescnpnon of project) AND R AVENUE IN THE CITY OF HUNTIWTDN BEACH i NOW THEPEFORE. if the Obegee shall accept the bid of the Prncioat cnd ire Principal shall enter into a Contract with the Obilgee In accordance wtm the terms of sLiCh bid. and give such bond or bonds as may be specified In the blck ing or Conlmct Documents with good and witictent surety for the fojmtul Dertotmonce of suc!i Controct and for the prompt payment of labor and matenal furrvshed in the prosecution thereof. or in the event of the fadure of the Pnncipol to enter such Contract and give such bond or bones,if the PtinC:pol shop ocy to The Obligee the Ofterence 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 staid bia.then this obhgarton snap be ndi and void. otherwise to { remain in fUll force and effeCt_ 4 Signed and secled this 29th day of OCTOBER 19 92 JOINT ( ) (Seal) cwttr,ess) (Tine) LE =UPANCE ANY (surety) (Sect) (Witness} Thotrla5 G. McCall(Tile) Attorney-in-Fact AIA COCUMENT A310•BID BOND•AtA Z.FEBPUAW 1970 E.D.THE AMERICAN INSMIJTE OF ARCHfTECTS, 1735 NY_ AVE. N-W.WASHINGTON. D.C. 20006 1 GOLDEN EAGLE INSURANCE COMPANY EXECUTIVE OFfICES San Diego, California PGAR Of ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duty organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint: > THOMAS G. 14CCALL <--- its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal sun of any one such instrument executed hereunder shall not exceed the sun of any and all bonds and undertakings, provided the aanount of no one bond or undertaking exceeds one milLion five hundred thousand dollars (S1,500,000.00). This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys•In-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any tine remove such Attorneys-In-Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attorneys-In-Fact may be given fuLL power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-In-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed. this April 3, 1990 GOLDEN IN CE cow STATE OF CALIFORNIA `"// /� COUNTY OF SAN DIEGO 55: By: �/ [Z Mich el E. James, Pr sid nt On this 3rd day of April 1990, before the subscriber, a Notary Public of the State of Cali nia, in and for the County of San Diego, duly commissioned and qualified, came Michael E. James, President of GOLDEN EAGLE INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. ' OFFICIAL SEAL STATE OF CALIFORNIA SS �+4= ER!N HEBERT COUNTY OF SAN DIEGO uOrnar P 3LiC-C1LiFORN1A `mac anti - w� V t PA'4C1PAL OFFICE IN SAN ON°00 COUNTY Notary Pub i c My Cone-Exp-Aug 1 1-1992 I the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, 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, and has not been revoked. IN WITNESS WHEREOF, 1 have hereunto subscribed my name as Secretary, and affixed the Corpo a ai .of the Corporation, this 29th day of October 19 92 LARRY G. MABEE, Secretary CHUBB GROUP OF INSURANCE COMPANIES CHUBB Poad P O Box 1615. Warren Ne- Je-ey 07061-16.5 FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, Shawr>an Oorporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY,Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Tlen Percent of the total amount bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surely, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ealed with our seals and dated this 3 day of November . D. nineteen hundred and 92 HEREAS, the Principal has submitted a bid, dated December 3 . 19 92 r Widening, Resurfacing, and Landscaping of Golden West Street between Ellis Avenue and Warner Avenue NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid f the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and ive bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure f the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- erence, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which he Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Shawnan (briDoration Princi 'I FEDERAL INSURANCE COMPANY By: , , Q- Al-1 Douglas A. Rapp 'Attorney in Fact r.,. ,sm,wn ram, ;go) u., •ts 1,.� £'. POWER OF ATTORNEY Y'now all Men by these Pres*hts. That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road. Warren, New Jersey, an lydiane Corpora- .on. has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of ;ante Ana, California -------------------------------------------------------------------------------- ach its true and lawful Attorney-in-Fact to execute under such designation in its name end 10 affix its corporate Seal to and deliver for and on its behalf as surety -)ereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings(other than Bail Bonds)filed in any suit,matter or proceeding in any Court,or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs or Internal Revenue.-License and Permit Bonds or other indemnity bonds under the taws.ordinances or regulations of any Stale.City,Town.Village.Board or other body or organization.public or private:bonds to Transportation Companies.Lost Instrument bonds-.Lease bonds.Workers'Compensation bonds. Miscellaneous Surely bonds and bonds on behalf of Notaries Public. Sheriffs. Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in Connection with bids, proposals or contracts. In Whrialm yfh~.the said FEDERAL INSURANCE COMPANY has.pursuant to its Bylaws.caused IN"presants to oa signed by it vice Pendant and Assistant Secrrarir and U comorata wan be 1ere1d affnnd tt+. 20 t h day of July 19 92 3,po m So !,SuRANce ` CO ' FED URANCE COMPANY BY s D Dn=Ilk dn R D.O'Cinrof v6"Pro~ Aaalasanp TATE OF NEW JERSEY SS. ounty of Somerset On this day of is .brie ma aenonaFT cattle rlcl+ad D O'Canlon n me tvld.Rt and by rrw krld.n b bit Asaenm Seaawy d 1M Ft:DERLL INSIyRAN(.'f ]MPANY.the corporation daw"M m and which necuted the Iaegor,p Power of AM—ey and this a"Richard D O'Cp+no#00-2 by me duly Sworn,did demos*AMC Say that M h Ass,tam Secretary of the _DERAL OOURANC.E COMPANY and knows the corporate Nat theredt_that the Seat StIa"10 the IpefQ0.r1p Power of Attorney Is avch cdrporaaa Nat and weir Veratd alhgd by authority Of the erLawS Of said ynparry.and than he signed said Power of Armirney as Asautam SecrMry at aid Company by We aupwrhty,end that he is acduarsed with JameS D Dvmn and knows him to be the V"PreSkiera Of pad Company_ 10 thtl plat argenura oI sad Jams O Outat enbaCJnbad tit tad Plyrrar d Altornay r n ne ganwte nrndtwrlrirvg a and Jrnes D Dom and was fl+eretp auDec+lOed tty■tAlaOr*y d tad Bylaws and n deponem's presence .]taryl Acknowledged and Sworn to Whore rte on ere dste above Notary PWkc CERTIFICATION1ANFT A SCe1;r,.,jE Notary Pct,Gc. `r rue. hneY TATE OF NEW JERSEY V z = = SS- Commission f,= ounty of Somerset ,=r 2, 199,j r-tic*undersigned.Amment Sec+wary of the FEDERAL WSURANCE COMPANY.do hereby certrty vat the hdacwlng is a true e%cerpt from the By,Laws of the ssd Company as edopad by dt Board d Ditwors Mare 2. iM end That this arLa r is in fun lorce and e1NQ "ARTICLE xVnl- n 10n 2-AN bonds,undenshingf.Comrsim and Sher"ryments Styr pan as sbPA br and on b~d the Cdnlpaty which n U authorized by lay OF its charter to e+eW».nay and slab be executed in the name and on behan of the Como"girth of sty the Cha,rmtan or IPA Yce Chairman or the Prepdene or a Vic*Pendent.p holy with the Secretary or an Assistant Secrslary,under their mpWr%q despnatrone.eaeol that any one br more tilts or designated in any resoluhw+of the board of Dwecars or the Execumits Commmee.or,n any power of artorney executed as praded for in section]below may execute any such bond.undone"or oiler obligation sit prim.-ood n MOCK resolution or power of atorrvy Sepan 2 Aa poles a atsorrlpy air and on tatrtatl dt vat Gompsnr R1ay and arlu W iteCvtad elite r1Mne rid on Wtea a fiat Cdr'tdary.eater br tee Chrrmen a 11e undo Crewman a IPA Preadarr a a vc a Prwdr+ or oh Asanam VC*Pretdem.Prrel►with true Secreary or an Aaraere Secmary.under thew respecrrw dsagnaf pets The srpnaTure of each afters may be engra»d.pinned or LaxWephed The signature of each a the itinownrng olhoit Chairman,vice Chairman.President.any Vbe President.any Assistant vice Prin dnM.Sect Secretary any Asswmi Secretary and Ile seal ate Comprny may be ahfued by bairn+*to any Power a attomay or ID any oen/cae rewrap tutored apparetng Mariam Secretaries or Anoint e-+F+R Idr purposes orvy or e7salhrlg end attarng bands and wndsrinawit Sm whet writings aulD rlr In vat nature thereat,and"ugh power of anorney or ceri lleare bearing Such aawni4 signature or tsarmsa seal SW be valid and bwdtrq upon the Company and any sit+power no axecutad and cachfoo by such racirntM signature and Isesinwe seal Snore be valid rued binding upon the Company with rasp scl 10 any bond or unosraking to which d to ailached' t to W wattle than said FEMIR LL*fSURtkWX POMPAMY is dutY%core"to mflsacl hawy and we"butwe"ran such of the suet of tie U - $teas of AmeMs G.Crnct d t.,dhsmlce.Pnrer+o alca an+a f ech d rM ovinca t of Canada wnh the mcwon of Prince Edwerd Isand:and IS also duty lopmted to become Sot*surety on borl0a,umertakngs,etc psrmr[tad Of redwred by law I the undersigned Aminant Secretary of FEDERAL INSURANCE COMPANY,do tw"corny that the foregoing Power or Attorney is in tun force snd pupa 5,vwn under MY hand and 11e Saul a sad corny"at Ngrren.Nil.Imo 3 —day of November 12�9� )rent`e,Sy ANC,& yiW C'°¢ "SWAM secmry L•- -t'�c 'rrOltinf' tMwrr1lEp m 1g-? I a., a-pol GENERAL iFORWERLY 211003MI VSA :JSEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY BOND NO. 766046(18131) PROPOSAL BOND PREMIUM: INCLUDED IN BBSU Emu itll ern bg ihrar 11resents: THAT WE, SULLY-MILLER CONTRACTING COMPANY as principal, and SEABOARD SURETY COMFANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as obligee, in the sum of ten percent (10%) of the total amount of bid in --------- DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 3rd day of December 19 92 . WHEREAS, the said principal is herewith submitting its proposal for WIDENING, RESURFACING AND LANDSAPING OF GOLDEN WEST STREET BETWEEN ELLIS AVENUE AND WARNER AVENUE. (CC-575) THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. SlI_I-Y—Mil_1_ER�1��[TR�CTL�1C; lC1MPAKy-- E!Mers license no. Is .i a-iAllall . Principal Trio bcense expiration date is 2/28/24 . Trt represenliiW s By— made herein are made ut By '� pertany of J Mai r, Assistant Secretary SEABOARD � 00 ANY By Form l;s Attorney-in- act IF- ? � a Certifies Copy - ' SEABOARD SURETY COMPANY No. 11439 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Tnat SEABOARD SURETY COMPANY, a corporation of the State of New York, has made constituted and appointed and by these presents does make, constitute and appoint Paul C . Hughes or Irene Lau or Kathy R. Mair of Costa Mesa, California Its true and lawful Attorney-In-Fact.to make,execute and deliveron its behalf insurance policies,surety bonds,undertakings and other instruments of similar nature as follows Limited to the amount of FIVE MILLION ($5 , 000 ,000 . 00) DOLLARS Such Insurance policies surety bonds, underakings and Instruments for said purposes, when duly executed oy the aforesaid Attorney-in-Fact. steal! be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with Its corporate seal. and all the acts of said Attorney-In-Fact. pursuant to the authority hereby given. are hereby ratified and confirmed This appointment Is made pursuant to the foilowing By-Laws which were duly adopted by the Board of Directors of the said CorYipany on December 81h 1927• with Amendments to and Including January 15. 1982 and are still In full force and effect A.-m-TICLE VII.SEC-tON t _ "Policies.bonds.recognizances,stipulations,consents of surety.underwriting undertakings and instruments relating thereto. insi,'ar•ce colic es.Doncis 'ecogn,zarces si pu•laiions cons4ris of surely and ur.derwrAing Jnderlak'ngs of the Company.and releases.agref m'f).S ',d 41.^.e.' wrr.,ncs relating r arty way'nereto or x•any cia,m or'�_ss"'ere'Jnder-shall be signed .n tie name and on Dehalf-of the and rat oy tie Chairman o':he Board.the P-es,den' a V ce-President or a Resideart Vice-Presider.:and by'he Secretary.an Ass-sianl Secretary. ;Resiatnl Secretary or a resident Assistant Secretary. or ;ol oy an Atiorrey-:n-Fact fo'the Company aDpointed and autho•:zeC by The C,%aifma,o'me Board me --P•es CE-f or a Vice-Pres-oen!!o make such s•gna;ure.or'Ci oy s.--h olher officers or represenia'i+es as the Board may from i.me:D;imn detern....ne T',e sea!O'the ComGa:ny shall if apnropr,ale be al!;:yc inereic Dy any sucn officer A'torney-.--pact or represer.tat.ve' IN.WITNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to be signed by one of Its Vice- Presidents. and its corporate seal to be hereunto affixed and duly attested by one of Its Assistant Secretaries, this 4th day of November 19 92 * Attest SEAB ARD RET CO P NY" r[7 i .11 - B v, fSealj C y� V STATE Or NEW JERSEY ss COUNTY OF SOMERSET 4th November 92 On mis day of ;9 , before me personally appeared Michael B. Keegan a Vice-President of SEABOARD SURETY COMPANY. vwilh whom I am personally acquainted. who. Deng by me duly sworn• said that he resides in the State of New Jersey .,hat he Is a Vice-President of SEABOARD SURETY COMPANY.the corporation described In and which executed the foregoing Instrument,that he Knows the corporate seal of the said Company-,that the seat affixed to said Instrument Is such corporate seal: tha?It was so affixed by order of the Board of Directors of said Company.and that he sl h:s name thereto as Vice-President of said Company by like authority = LINDA SMETHERS (Seal] NOTARY PUBLIC OF NEW JERSEY My Commission Exp�re6D�c.0,�19I9f C A vola ';PI,ol c 1 !-)etrnGe ss�sta"'-SC•cri'a•y;,IS_A3GAI~DS;,RETYCC'J.PANYdohereoyce-dy;hat!heor-gwal Power ofAllwneyof:•'hcn'h21o•C•o0�-'ys 'J I,:ruc a . Comet:CCp; r Jul:io:cE and i.:f'eC'on' _=a:e:;':11is Cer:,ncat•7 ano I CO lu:tht-r cer:.ry:h,a::nn V ce-Presicert wr ioe'ec-r:ec lr`-saic Power(JI A _'re;was Car C1 ire OV,cers a.li^ar�2Pc :- ''„-'Etp2:•_ ,1 Di'etaors:G appG�m ar,a'tcmey-�n-:act as p• -'�t:c in A. icie vlf-Section a`ire u! SEA,SGAPD S'.;RETY Col,.PANY ,nis ar,v by aulreir,iy of the fr llOw.r•g res6ut.an 0':he E>•e..1f ve CC-'rnmrarp 01:re BCaIQ 01 Fc:'xs;,l SEABOA?D SLP CTY •C 3-;P,,rJ r'a.a rnE• y J.:ly caL•ee arc; he•rJ on:ne H:h vey of rAwcn ' U 9 PESOLVED f21 Thai 1--r- ust 0' a ar n]BC facs:rt!rF 0: the co-porale seal O':)e C..,r,pdry arc o1 l`'.F. s y:a:u'E of an A,ssr ian1 EeCC-:ary r;r- an: Crrtd-_-atori of'hP Correc:ntrss o!a COP)'-;i a-r5:!urrrr11•',eCuteC Dy irhC•Presioe-Y or a',.ce-Presider•pulsl.a',l 10 Fr:-Cle vi; Seci-on 0 Chi 3y aN'!: �iOoo:i:t-o am; ur;:n6':.-o an :.,.,ir:,r'; r, I,1L: 10 5_ !nP ^.a-ne ano on Jrnalf CI :..c Comoary suety b::n underwriting :r•0!-ri.3• ncs O' D'',r• instruments cescr-Dec in sa-C ;.fnci,' VI' Seci c .. i. won like erect as t suC- seal and s ich signature nad DEen ma',uaily aih.2C .9' mace hereoY s ..... Y •:o.-!arc:-OPrOvrr, IN WITNESS WHEREOF. I nave nereunto se: my hand and affixed the corporate seal of the Company to these presents leis 3rd Cay of December t9 92 - Asc q•-1r:� ��-r-_ �S%.. -. - -. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND T. A. RIVARD, INC. FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON GOLDENWEST STREET BETWEEN ELLIS AND WARNER AVENUES (CC-575) Table of Contents Section Page 1 Statement of Work; Acceptance of Risk . . . . . . . 1 2 Acceptance of Conditions of Work; Plans and Specifications . . . . . . . . . . . . . . . . . 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 11 Liquidated Damages/Delays . . . . . . . . . . . . . 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 12 17 Waiver of Claims . . . . . . . . . . . . . . . . . . 12 18 Indemnification, Defense, Hold Harmless . . . . . . 12 19 Workers ' Compensation Insurance . . . . . . . . . . 13 20 Insurance . . . ' . 21 Certificates of Insurance; Additional Insured Endorsement . . . . . . . . . . . . . . . . 14 22 Default and Termination . . . . . . . . . . . 15 23 Disposition of Plans, Estimates and Other Documents . . . . . . . . . . . . . . . . . . 15 24 Non-Assignability . . . . . . . . . . . . . . . . . 16 25 City Employees and Officials . . . . . . . . . . . . 16 26 Stop Notices; Recovery of Administrative Costs . . . 16 27 Immigration . . . . . . . . . . . . . . . . . . . . 17 28 Notices . . . . . . . . . . . . . . . . . . . . . . 17 29 Captions . . . . . . . . . . . . . . . 17 30 Legal Services Subcontracting Prohibited . . . . . . 17 31 Entirety . . . . . . . . . . . . . . . . . . . . . . 18 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND T. A. RIVARD, INC. FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON GOLDENWEST STREET BETWEEN ELLIS AND WARNER AVENUES (CC-575) THIS AGREEMENT is made and entered into on this 2 day of January 1993 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and T. A. RIVARD, INC. , a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the construction of street improvements on Goldenwest Street between Ellis and Warner Avenues in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1 . STATEMENT_OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be 12/16/92:sg -1- encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CONDITIONS QF WORK; L SPE!r,IFIC ATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. 12/16/92 : sg -2- "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for PUblig Works ConstruCtiQn, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor 's Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its 12/16/92 : sg -3- own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Million Forty-six Thousand Four Hundred Eighty-three and no/100 Dollars ($3 , 046,483 .00) , as set forth in the Contract Documents, to be paid as provided in this Agreement . 4 . COMMENCEMENT QF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within two hundred seventy (270) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, 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 12/16/92 :sg -4- prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement . CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other Contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by 12/16/92 :sg -5- the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR' S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY' S acceptance thereof ; and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 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 12/15/92:sg -6- make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tag, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11 . LIQUIDATED DACES/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 Six Hundred Fifty and no/100 Dollars ($650 . 00) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and 12/16/92 :sg -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 completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto . Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the 12/16/92 :sg -8- commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 12/16/92 :sg -9- 13 . VARIATIONS _IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMNTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 12/16/92 : sg -10- When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FIZNQS. SIIRSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement . 12/16/92 : sg -11- 16 . AFFIDAVITS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17 . WA-IVER OF CLAIIKS 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, DEFENE;E. H01.D HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR 'S employees and damage to CONTRACTOR 'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 12/16/92 : sg -12- 19 . JjQRKER5- COMPEN5ATION Pursuant to the Califognip Labor Codg Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with all such laws and provisions prior to commencing performance of the work hereunder . CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY 12/16/92 : sg -13- for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not 12/16/92 : sg -14- derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . D SEOSITION OF PLANS, FSTI14ATES AND OTHER_DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this 12/16/92 : sg -15- Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NOR-ASSICNABILI CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND-OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26 . STOPQTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 12/16/92: sg -16- 27 . IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C, § 1324a regarding employment verification. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTION-S of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30 . LEC2AL $ERVICES SUBCONTRACTINGR H B 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 § 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. 12/16/92 : sg -17- 31. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH T. A. RIVARD, INC. a municipal corporation of a California_-Corporation the State of California By' j&4�n� �. �i . ' By: Timothy A. Rivard �eLs Mayor President 2 . By: Janet A. Riv rd Sedretary-Treasurer ATTEST: APPROVED AS TO FORM: Cif Clerk(/ City Attorney &e- �_�q3 REVIEWED AND APPROVED: INITI ZTEDAND PROVED: 7= 2 City A ministrator _p,t Director f Public Works 12/16/92:sg -18- alali;�r. CERTIFICATr- OF INSURANCE ISSUE DATE IMMID l2/11 /9292 � 'RoOUCER FTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Go 1 den Pac if i c I nsl.Lrance CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_ THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE i Sery i ces, I rsc. POLICIES BELOW. 150 Santa Anita Ave. ri201) COMPANIES AFFORDING COVERAGE Arcadia, CA 91006 COMPANY A LETTER United National I nsl.Irance 1 COMPANY p �. LETTER o INSURED Royal Insurance Company I I ETTERNY C ' T. A. Rivard, Inc. CHUBS/Federal Ins. Co. t 8884 Jurupa Rd. COMPANY Riverside CA 92509 LETTER D pacific States Casualty Co. COMPANY LETTER :OVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAvE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT•TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wITH RESPECT TO wmiCIi THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSJRANCE AFFORCED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONJ;TIONS OF SUCH POLICIES LIId,1TS SHO'..N MAY HAVE BEEN REDUCED BY PAID CLAIMS. O TYPE OF INSURANCE POLICY NUMBER POw I CY EFFECTIvE POLICY EXPIRATION LIMITS "R DATE(MM;-DrYY) DATE(MVMD'Y; I GENERAL LUBILITY 0957692-30 --..._ 9/30/92 9/30/93 GENERA' AGGREC,47E S --- I• X COMMERCIAL GENERAL LIABILITY PA000C'E-COVP:OP AGG S 1000000 CLAIMS MADE X OCCUR The Limits of Llahili~Y shown re"ett LIMITS AT - CY 114CcF3i�.;' V-'- Gj r_I cs'UZT.3 any PER$CNAL b ADV 'ti_'URY s 10ilUtl(li) P0Li Cv+wER 5 d CON i P.ACTCR S PFO7 I ICI Ma event Of a EACH OCCLRRENCE L. 1000000 I .'1 Aggregmf FIRE DAMAGE(Any one I.Ie) S 50000 f L MED exP£NSE,Any one perwn) S I AUTOMOBILE LIABILITY AST088766A 9/30/92 9/30/93 COMBiNEDSINGLE 1000C)0l_1 X ANY A:JTO LIMIT S 1000000 ALL OWNED AUTOS I _ - BCD:LY INJURY = SCHEDULED AUTOS _ (Per pery--e) X HIRED AUTOS _ -. - - -- BODILY IVJURV S X ;0e•aC=IGe,I) NON-OWNED AUTOS 111 ���9v GARAGE LIABILITY 1 71 PROPERTY DAMAGE S EXCESS LIABILITY 9379677686 9/30/92 9/30/93 EACH OCCURRENCE s 4000000 X UMBPELLA FORIA AGGREGATE s 4000000 OTmER THAN UMBaELLA FORM WORKER'S COMPENSATLON W-2932856 9/30/92 9/30/93 STATUTORY LIM:TS AND EACa AC_-^E%T $ 1 C)OOC)00 EMPLOYERS'LIABILITY DISEASE-POLICY:IMIT S 10000V0 OISEAS'-EACH zMPLOYEE S 1 C)CI0(IC)0 OTHER 1 • I ESCRIPTION OF OPERA TIONS:'.00A71ONSrVr"ICLES,'SPECIAL ITEMS I e: Widening, Resurfacing & Landscaping of oldenwest St . between Ellis R Warner. Certholder is add' 1 insd w/res. nsds work ref. job. 30 days NOC except rich-payrnent/10 days givers. i ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE it EXPIRATION DATE THEREOF. THE ISSUING COMPANY WiLL � City of Huntington E+each MAIL .,C) DAYS WRITTEN NOTICE TO THE -ERT,FICA7E HOLDER NAMED TO THE Cittn: Eric Charlonne LEFT. _ �,.„,IUItI 2000 Main Street, G. O. Box 190 Huntington Bch. , CA 92648 AUTN KIZE. PRESENTATI Ww1f- 1 �.� DCORD25-S [T/90) PORATIOt :1'994 I 2_ 10 CITY CLERK Oly Op HUNTINCTOS Dfc 3 2 oo PH T 6s 13�4f 33 3 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general arculation, printed and published in the City of Huntington Beach, County of Orange, State of Carifomia, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: PUBLIC NOTICE improvements, comrorm to the Labor CodO of the ICE OF State of California and NOT INVITING BIDS other laws of the State of CC-S7S California applicable Notice is here thereto. with the exception by given only of such variations that that seared aids wii be re- may be required under the ceived by the City of Hun- special statutes pursuant to tington Beach,at the office which proceedings hereon. 4 of the Gty perk at City - der are taken.and which Notre giber_ 5 , 12 , 19. 2 Hall, 2000 Main Street, have not been superseded Huntington Beach. Califor. by the provisions of the nia. until the hour of 2:00 Labor Code. Preference to p-m on December 3, 1992. labor shall be givert only in at which time they will be the manner provided by opened publicly and read law. aloud in the Council Cham- W. bid shall be consid- be►s for the Widening. Re- ered unless it Is made'On a surfar9ng,and Landscaping form fumished by the_City of Golden West Street. Be- of Huntington Beach and is • tween Ellis Avenue and made•in accordance:with Warner Avenue In the-City the provisions-of-the:,pio of Huntington Beath. posal requirements.''• }; A set of Plans::SpecifiCa. Each bidder must' ti- bons, and-..otner,;contract censed az+d also.Vi4iall- documents `dwy "be -ob-: fed as required by law.:i) tained 'On.'October,27,, The Gty Council of the 1992. at the Department of; City of Huntington''Beach Public Works; 2000 Blain re5e,ves the right to'retect Street Huntington`Seach.l any or all bids.---w•� I declare, under penalty of penury, that the California. upon receipt ByrxderoftheGtjlCgton a non-refundable fee of at of the City of Huntington Beach. Californla,-the';t9th foregoing is true and correct. Each bid shall be made day of October,1992:_. - on the Proposal Form and Connie Brockway.-' in the manner provided in City Clerk of t11e-City the contract documents, of City Clerk o 014 `-- Executed on November 12 r t99 2 bydascertifiieedao accompanied 2000 Main ;.Str'et Check or a bid bond for not I714)536-5"1=„'rr -'- ad Costa =fomia. less than lox of thel Published -Huntington 1 amount of the bid. made Beacf-,Fountain Valley In- payable to the City of Hun-, dependent Novemtiei 5, tington 'Beach- a Con- and 12.1992 . ;. tractor a of. in the per.ihe work and - "11fl-4T9 Signature PROOF OF PUBLICATION - NOTICE INVITING BIDS CC-575 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, California, until the hour of 2:00 p.m. on December 3, 1992, at which time they will be opened publicly and read aloud in the Council Chambers for the Widening, Resurfacing, and Landscaping of Golden West Street, Between Ellis Avenue and Warner Avenue in the City of Huntington Beach. A set of Plans, Specifications, and other contract documents may be obtained on October 27, 1992, at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $225.00. Each bid shall be made on the Proposal form and in the manner 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 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 19th day of October, 1992. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-S43I 3336/5 NOTICE INVITING BIDS CC-575 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, California, until the hour of 2:00 p.m. on December 3, 1992, at which time they will be opened publicly and read aloud in the Council Chambers for the Widening, Resurfacing, and Landscaping of Golden West Street, Between Ellis Avenue and Warner Avenue in the City of Huntington Beach. A set of Plans, Specifications, and other contract documents may be obtained on October 27, 1992, at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $225.00. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than I0% 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 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 19th day of October, 1992. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 3336/5 REQUEST FOR CITY COUNCIL ACTION Date October 19, 1992 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: 40 Michael T. Uberuaga, City Administrator Prepared by: LouisF. Sandoval, Director of Public Works Cir CLe Subject: PHASE I OF GOLDEN WEST STREET, BETWEEN ELLIS AVENUE AND WARNER AVENUE; CC-575 Consistent with Council Policy? k] Yes ( ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: �dy STAIEWNT OE��: Plans and Specifications for Golden West Street Improvements (street widening, pavement rehabilitation and construction of landscape median, sewer, domestic water, and 'Green Acres' water line) have been completed. RECOMMENDAMN: 1. Approve the Plans and Specifications and authorize the Director of Public Works to solicit bids for construction, and 2. Approve the attached sample contract, subject to award of the construction to the lowest responsive bidder for Phase I of the improvements (Golden West from Ellis to Warner), and 3. Approve the AHFP Project Administration Agreement for Project Number 92-031, and 4. Approve the transfer of $1,200,000 from the unappropriated Water Reserve Fund to Cash Contract 575-Golden West Street. ANALYSIS: The Planning Commission approved a Negative Declaration for the project in December' 1988. This fulfilled the environmental requirements pursuant to the California Environmental Quality Act. On April 3, 1989, the City Council approved the selection of an engineering firm 'to prepare construction drawings and specifications for the improvement of Golden West Street, from Pacific Coast Highway (PCH) to Warner. The firm completed the street improvement plans in June of 1991 and City personnel completed the "Green Acres" water improvement plans in June of 1992. Phase I consists of the street and water improvements from Ellis to Slater, and the water improvements only from Slater to Warner. The water improvements consist of a reclaimed water line (Green Acres) and a domestic water line. The City will delay the remainder of the Golden West Improvements to accommodate work by the Huntington Beach Company and the Orange County Sanitation District. ! V RID 5/85 RCA: CC-575 October 19, 1992 Page Two Huntington Beach Company will construct storm drain and other improvements on Golden West at P.C.H. in the fourth quarter of 1992. Due to funding constraints, and in order to avoid a storm drain trench in a new street, the City will delay the construction of street improvements on Golden West from P.C.H. to Yorktown until the first quarter of 1993, after Huntington Beach Company completes the storm drain. Orange County Sanitation District will construct a sewer in Golden West from Slater to Warner in the third quarter of 1993. Again, in order to avoid a sewer trench in a new street, the City will delay the construction of street improvements on that reach until the fourth quarter of 1993, after Orange County Sanitation District completes their work. Huntington Beach Company is responsible for construction of full improvements from Yorktown to Ellis as given in the Holly-Seacliff Development Agreement. The current schedule for construction is I994. The Engineer's estimate of the construction cost for the Phase I improvements from Ellis to Warner, including 10% contingency is: 1. Street, sewer, and domestic water improvements $2,584,936.00 2. 'Green Acres' water main 1,05B.040.00 Sub-Total $3,642.976.00 Supplemental Expenses 100,000.00 Total $3,742,976.00 FUNDING SOURC : County Measure 'M' - AHFP Program $792,000.00 Gas Tax 1,900,000.00 Sewer Fund 200,000.00 Water Fund 240,000.00 Transfer From Unappropriated Water Reserve Fund per attached FIS L200,000.0 Maximum Total Funds Available $4,332,000.00 Note: The City is negotiating with the Orange County Water District for reimbursement of the $1,200,000 transferred from the Water Reserve Fund for the 'Green Acres' water line. The District anticipates receiving approval this month of a low interest Federal loan to pay for a portion of the Green Acres water main. However, the District does not expect to fund the portion of the Green Acres water main proposed in the Golden West project until late 1993 or 1994. ALTERNATIn A TIQN: Deny approval of construction. ATTACHWNTS: 1. Vicinity Map 2. Project Sample Contract Form 3. FIS 4. Administrative Agreement MTU:LFS:AAF:gd 3313g/6&7 I/VARNER O.C.S.D. CONSTRUCTION TWRD QUARTER 1993 FUTURE STREET CONSTRUCTION FOURTH QUARTER WATER 1993 ONLY IMPROVEMENTS SLATER PHASE 1 STREET AND WATER ui IMPROVEMENTS W a co ELLIS >4B. CO. CONSTRUCTION 1994 GARFIELD FJTURE CONSTRUCTION YORKTOINN FIRST QUARTER 1993 I--!$. CO. CONSTRUCTION O�Q FOURTH QUARTER 1992 �O "Y .%muink4s uTS "`• CIRCULATION PLAN OF ARTERIAL STREETS AND HIGHWAYS •c r.r r.s re.» .,rs — ADOP�v, TfC.D� Oy GTY CCkpr_IL I R=50LUTM NO 13G13—DEC 12.1976 LEGEND • w `'� s. ..t FRECWAY STREET CWLLCJTY I �^ ti:A JOR h5.000 4 -; PRImARY 30.000 �E""`" —' ' I -- — —1 I•re SECONDARY ?0-000 1 rcnE L, t . �+ r tIOT E tcrct• �,,.,i I _ SDC ID Cr,CS �..CK n'C Er,Sr,-, 1nGr17 \ / I .l r.0i uECE SS r.n Cr O:r ua:l A''1rt OF war Du SILO ♦i+.LS u+0[41E •nr Ls wriCPC No I I ice\ nlrjll CY FIr [..S:s Warne I t � 1 � I ..!A . r, 3 Sl to Ave + l Actual `�v 'v ills Ave. Project Limits for town .__ e.�� Project Location p .cv_ro.r CITY OF HUNTINGTON BEACH ' I ,� ORt.NGE COUNTY CALK ORNIA _ . GOLDEN WEST ST. -Ellis Ave. to Warner Ave. i r SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE WIDENING, RESURFACING, CONSTRUCTION AND LANDSCAPING OF MEDIANS, CONSTRUCTION OF SEWERS AND WATER MAINS IN GOLDEN WEST STREET BETWEEN ELLIS AVENUE AND WARNER AVENUE (CC-575) TABLE OF CONTENTS ! TITLE PAGE 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 SPECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF PROJECT 4 5 . TIME OF THE ESSENCE 5 6 . CHANGES 5 7 . NOTICE TO PROCEED 6 8 . BONDS 7 9 . WARRANTIES 7 10 , INDEPENDENT CONTRACTOR 7 11 . LIQUIDATED DAMAGES/DELAYS 8 12 . DIFFERING SITE CONDITIONS 10 13 . VARIATIONS IN ESTIMATED QUANTITIES 11 14 . PROGRESS PAYMENTS 11 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 13 17 . WAIVER OF CLAIMS 13 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS 13 19 . WORKERS ' COMPENSATION INSURANCE 14 20 . INSURANCE 14 21 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 15 22 . DEFAULT AND TERMINATION 16 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 17 24 . NON-ASSIGNABILITY 17 25 . CITY EMPLOYEES AND OFFICIALS 17 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 18 27 . IMMIGRATION 18 28 . NOTICES 18 29 . CAPTIONS 18 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 31 . ENTIRETY 19 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE WIDENING, RESURFACING, CONSTRUCTION AND LANDSCAPING OF MEDIANS, CONSTRUCTION OF SEWERS AND WATER MAINS IN GOLDEN WEST STREET BETWEEN ELLIS AVENUE AND WARNER AVENUE (CC-575) THIS AGREEMENT is made and entered into on this day of , 1990, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and a , hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the widening, resurfacing, construction and landscaping of medians, construction of sewers and water mains in Golden West Street between Ellis Avenue and warner Avenue (CC-575) ; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, 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 . AJFk 5/92207 1 S A M P L E CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements , from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms , conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. AJFk 5/92207 2 S A M P L E It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors , if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include: A. This Agreement ; B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and special contractual provisions , including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public works Construction, published by Builder ' s News, Inc . , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids , the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything AJFk 5/92207 3 S A M P L E mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans , specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense . Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith . 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed ($ ) , 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 notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to AJFk 5/92207 4 S A M P L E Proceed" is issued by Department of Public Works , excluding delays provided for in this Agreement . 5 . TIME OF THE ESSENrE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings , details and samples , and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors , subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement . CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general , all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CH6NGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. AJFk 5/92207 5 S A M P L E CONTRACTOR agrees to make any and all changes , furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall "ijbmi.t immediately 10 the DPW a written cost proposal reflecting the effect of the change . Should the DPW not agree to such cost proposal , the work shall be performed according to the changes ordered in- writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7 . NOTICE TO PROCEED No work, services, material , or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. AJFk 5/92207 6 S A M P L E 8 • BONDS CONTRACTOR shall , prior to entering upon the perform- ance of this Agreement , furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR' S faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY' S acceptance thereof ; and one in tho amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished . 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed . CONTRACTOR, within ten ( 10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten ( 10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability AJFk 5/92207 7 S A M P L E insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers , agents and employees, and all business licenses, if any, in connection with the PROJECT. 11 . LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all pacts 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 sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder . CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the AJFk 5/92207 8 S A M P L E control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen ( 15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writinq of the cause of the delay and CITY shall extend the time for completing the work if , in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act , neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. AJFk 5/92207 9 S A M P L E No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writinq of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. AdFk 5/92207 10 S A M P L E 13 . VARIATIONS IN ESTIMATED OUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section . The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. AJFk 5/92207 11 S A M P L E When CONTRACTOR has , in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained arnnunts . The final payment , if uner.cumbereu , or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONT ACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement . AJFk 5/92207 12 S A M P L E 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims , or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION, DEFENSE, HOLD-HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers , and employees against any and all liability, claims , judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S employees and damage to CONTRACTOR ' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and AJFk 5/92207 13 S A M P L E expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS ' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with all such laws and provisions prior to commencing performance of the work hereunder . CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100 , 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto , on all operations to be performed hereunder, general liability AJFk 5/92207 14 S A M P L E insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations , product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers , agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000 , 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1 , 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 . CERTIFICATES OF INSURANCE;_ADDITIONAL, INSURED ENDORSEMENT 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 ; AJFk 5/92207 15 S A M P L E said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies , naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder . 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent , or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within AJFk 5/92207 16 S A M P L E 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. 23 . DISPOSITION OF PLANS, _ESTIMATES_ AND_ OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell , assign, transfer , convey or encumber this Agreement, or any part hereof , or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq . AJFk 5/92207 17 S A M P L E s - 26 . STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one--hundred dollars ($100) for every stop notice filed in excess of two , regardless of whether or. not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 27 . 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 8U S.C. § 1324a regarding employment verification. 28 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the AJFk 5/92207 18 S A M P L E interpretation, construction or meaning of the provisions of this Agreement . 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder . CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309 , the City Attorney is the exclusive legal ; ounsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31 . ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor ATTEST: APPROVED AS TO FORM: City Clerk of&-j4f- City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works AJFk 5/92207 19 S A M P L E CITY OFHUNTINGTON BEACH tj�jw INTER-DEPARTMENT COMMUNICATION ft*ap+cTow BEAC" TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUEST FOR FUNDING TO ACCOFN "TE WATER—RELATED IMPROVEMENTS ON GOLDEN WEST STREET PROJECT (CC575). FIS 92-19 DATE: JUNE 13, 1992 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $1 ,200,000 to accommodate the water—related improvements of Ellis Avenue to Slater Phase of the Golden West widening project. Upon approval of the City Council , the balance of the undesig a unreserved Water Fund would be reduced to $7,637,000. 1 ROBERT JeAANZ Deputy City Ad ni trator RJF:sd PADSERT:979 i 41 . BID PROPOSAL FROM f� )(?I UA2D :LAI C . Firrm Nano To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting reeled proposals for the Widening, resurfacing, and landscaping of Golden West Street between Ellis Avenue and Warner Avenue CC--575 I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans,specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Back California, The undersigned has not accepted any bid from any subcontractor or meterialman through any bid depository,the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or meterialman which is not processed through said bid depository, or which prevent any subcontractor or materialmen from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor,materials and equipment,and or At incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works. City of Huntington Beach, California,I propose and agree to take full payment therefore at the following unit prices,to wit. ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO QUANTITY WRITTEN IN WORDS PRICE mobilization or fixed sum not to exceed 50,000 or for 1. Lund Sian jG,OtJ4� r lump sum. Traffic control plan prepared by a Traffic Engineer*" and approved by the City Traffic 2. Lug Slav Engineer complete for 2&,,e r 1EE sum. Locate existing, underground conduits and facilities areas of new construction constru ction for 3. Lung Sum b,000 � Cab©. ti0t U h-y-d) per iuw sum. o Abandon/remove inactive underground conduits facilities 5" ID and less for 4. 1720 l.f. � per lienal foot. Abandon/remove inactive conduits greater than j 5" ID for 5. 1720 1,f. rc�?t ,�G.•.4 per lineal foot. P-1 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY WRITTEN IN WORDS IPRICE Relocate/adjust to grade active conduits for 6. 39,100 Dia. Q / inch foot per dia. inch foot. o Clearing and grubbing for S'euC,4-n C;-ty< ov � ���g 7. Lump sum �.t,bt�5 77,000 r lump sum. Unclassified excavation for 8. 12,300 c.Y• �t�. per cubic yard. Unclassified fill for 9. 2,700 c.y. :C2& C�aa / per cubic yard. _ 0 Cold Planing for 10. 1,410 s.y. ✓ 4 �j r gZaare yard 3�a�`` Aggregate base base course in place for 11. 5,250 tonsL W 3 u� r 4 . V Asphalt concrete/2% latex finish course in place for / 12. 4,245 tons - ___per ton. �y /a31/0� Asphalt concrete base course in place for 13. 15,710 tons ✓^� - � & r ton. ' 379 Heater remix for 14. 52,400 s.y. per square yard -7¢S� ! V GU W Filter fabric in place for 15. 5,900 s.y. a w per square yard. el�/ .SJr'6 P-2 ITEM AtP.ROXLS"TE ITEM MMTM UNIT PRICE UNIT TOTAL N0. OLJANrITY WRITTEN IN MJOADS FRICF 2 X 4 redwood headers in place for 16. 290 1.f. r linear foo Type "A2" curb and pgutter in place for 17. 9"4100 1.f. 1.0 per linear foot Type B median curb in place for 18. 7,660 1.f. per 1 inea 1 footJ� �,/V70 0� i PCC Sidewalk in place for 19. 58,600 s.f. doo per square foot 93. 760 PCC driveway/alley apron,in place for 20. 3,400 s.f. `� G.c� �c 4 •-t' V r square foot PCC cross gutter in place for 21 3,300 s.f. Pd n per square foot PCC bus pads in place for 22. 9,600 s.f. per square foot Masonry retaining wall in place for 23. 2,300 s.f. ct. e.< - 1'-Z06 -per square foot ��� 00 8" VCP in place including excavation, backfill, 24. 30 l A. and testing per linear foot 12" VCP in place including excavation, backfill 25. 1,400 l.f. tes ap der linear foot 90? P-3 ITEM APPAOXIMATE ITEM VMTH UNIT PRICE UNIT TOTAL No. OUAHTITY WRITTEN IN VOORDIS tFittrE Construct sewer manhole for 26 5 ea. Gv cv per each. 000 C /°j110U Reconstruct sewer manhole for 27 2 ea. per each. I o 3�00� 10" PE irrigation line in place including excava- 28. 835 l.f. tion, backfill testing / ,V w per linear foot. �v 0 A/00 6" PE irrigation line in place including excava- 29 175 l.f. tion, backfi d tes per linear foot. L13 Furnish and install 12" PVC water main complete in place including but not limited to, all fittings, high deflection couplings, excavatian, . dewatering, backfill compaction, testing;' dis- 30 10001.f. infection, temp, pavement (does not include valves or connections) _ per linear foot. �� w 000 Furnish and install 12" wedge valve with valve box, comp et in place for f 31 2 ea. CA2 U4 IS60 _100 per PArh- Furnish and install 10"Wedge valve with valve bo c°!'�lete i YY plac� for CIO 32 2 ea. DruT�. r each. //41(00 Y a�00 Furnish and install 8" wedge valve with valve box, complete place for 33 2 ea. �pt.,R..: (ldo oO GUeQ per each, ;0260 F_ Furnish and install 6" wedge valve with valve i box, comple=inrulace for 34 1 ea. cv per each. {S� 9JV P-4 ITEM APOROX&MATE ITEM VMITH UNIT PRICE UNIT NO. WANTITY *R177EN IN 1KIRDs IPRICZ TOTAL Reconstruct water meter assembly and box at Golden West Street Sta. 145+00 Rt./detail 2/30A 35. Lump- Sum complete and in place including, but not limited to all labor and materials necessary to make the connections for per lump sum. W 00 o 3,000 23,000 ' Furnish and install 3" wedge valve with valve box, compete in place for 36. 1 ea. �y c.•,1 �� per each. 700 7ov w Furnish and install 4" blowoff assembly per STD. Plan 608 including, but not limited to, outlet fittings, valve, thrust blocks and all necessary 37. 3 ea. appurtenances complete and in place for i L,441 per each. v2 �00 � 7�4 � Furnish and install 3" blowoff assembly per STD. Plan 608 including, but not limited to, outlet fittings, valve, thrust blocks and all necessary 36. 2 ea. appurtenances complete and in place for _ZIA Liu 4iA&_ per each. �3G0 co Furnish and install 2" vacuum and air release valve assembly per STD. Plan 611 including, but not limited to, fittings for connector to main 39. 7 ea. line, all necessary appurtenances complete and in place for r each. �oG w 7t P-5 ITEM *&PAOXWAATE ITEM WITH UNIT PRICE UNIT W. OUAKTITY WRITTEN IN WORDS pplcc TOTAL Furnish and install In vacuum and air release valve assembly per STD. Plan 611 including, but not limited to, fittings for connector to main 40. 1 ea: line, all necessary appurtenance complete and in place for II n per each. 2/OG C4- o?/OU 9 Connect new 12" PVC water line to existing main in Golden West Street 157+35 and 161+90 complete and in place including, but not limited to, all 41. Lump Sum labor and material necessary to make the connections for l per lump sum. �vco 8�0 � ?-0 00 Connect new 12" PVC water line to existing mains in Golden west Street Stations 175+72 and 177+65 complete and in place including, but not 42. Lump Sum limited to, all labor and material necessary to make' the connections for D per lump sum. �ct1 Mo °� 7000 Connect new 12" PVC water line to existing mains at Ellis Avenue Station 9+70 complete and in place including, but not limited to, all labor and materials necessary to make the connections 43. Lump Sum for per lump sum. /W /C" r Connect new 12" PVC water line to existing mains at Ellis Avenue Station 10+14 complete and in place including, but not limited to, all labor 44. Lump Sum and materials necessary to make the connection for "a, 1z per lump sum ��06 0� S�UO� P -6 ITEM A►VAOXIYATE ITDA VATN UNIT PRICE UNIT TOTAL Poo. QUANTITY WRITTiN IN MM POi rRIIrE Reconstruct pressure reducing assembly at Golden West Street Station 145+05 Rt. per Detail 3/30A complete and inplace including, but not limited 45. Lump Spun to, all labor and material necessary to perform the construiction for.., r lump sum. av rti Remove and reconstruct water valve vault at Golden West Street Station 114+65 Lt. per city 46. Lump Sum standards complete and in place including but not limited to all labor and materials ne essary to perform the reconstruction for erla-ex�a-z-&'�7 L-sl per lull sum. I2 Z vlrU , UOU Relocate existing air/vacuum valves for 47. 2 ea. — - per each. MOO Adjust water valve cans to grade for 48. 33 ea. ., a _ .lc,hr. - :Z _ Per each. _?a 7V2 f o=StrucL ire Hydrants for 49. 4 ea. per each. 1700� co Ri truct WpLter meters for 50. 10 ea. _ _ 11;A=5i / per each. �DD Relocate irTigation valves for 5l. 9 ea. per each. 7�lo 4�Co Landscape complete and in place including but not limited to plants, planting soils, 52. L Slap irrigation system, stamped concrete and all Q labor and materialsX.Ir_yeary to perform the r�or (:Rol work for DjAr, (� AoUVtt4l� -per lump sum Modify Traffic Signal at Ellis Avenue comp ete and in place for i f'1- c' d.� ppb 53. Lug Sum V r 1 sum Pe lump -P-7 ITEM AF*tOXNAATE ITEM WITH UNIT PRICE UNIT TOTAL No. CIl1AWTITY WRITTEN lid"Mot PRICE Modity Traffic Signal at Talbert Aven a camp' �te and in place for 54. Lump Sum r lump Sum. Install traffic signal interconnect sy tem complete and in place for okf- Uu1,� - o ' 55. Lump Sum 0o J{Qi �n 000, r lump sum. Construct traffic control including temporary s�ni g, stripi and barric de 56. Lump Sum �,�, _ r lump sum. -��ODQ 50,00a Replace traffic signal detector loops for 57. 33 ea. 1AV-fe,480 (1 3�.0� �a 5-60•°J per each. Provide conduit and trenchingper Sout ison Company plan for s reet lights 58. 29 ea. indic ed for h. Furnish and install 64 chain link fence complete and in plac for 59. 5 l.f. r linear foot p ry ,Sdp 99 Relocate existing fences for 60. 1,500 l.f. 00 r linear foot /D�' /SrOcro Adjust manhole frames and covers to grade for 61. 10 ea. �� ZLZAL,2101 A�sa,— qP r each. Sop 3DQp QO Relocate gate assembly Station 136+00 Lt. including new mounting posts for 62. 1 ea. qjk� i" _ )a#440 per each. eA Reseal inside walls of existing, raised manholes and new manholes, for 63' 17 ea. / , �/f�� per each. �7 P-8 ITEM APPROXIMATE ITEM WITH UNIT PRICE. UNIT TOTAL NO CK)ANTITY WRITTEN IN WORDS PRICE Adjust survey, monument to grclde for 64. 2 each cc� cb per each Furnish and install blcw-off per detail V 65. 3 each Sheet 28 r each �S7)o e SZ10 co Furnish and install 24' PVC recycled water main ccnplete in place including, but not limited to, 66. 4,000 l.f. all fittings, excavation, dewatering, backfill, ccnpaction, testing, disinfection, terp. Pave- ment (does not include valves, air-vacs and blow- offs per AWWA Specs C--905.n14 6'odi �ter, Table 2.) per l.f. 1060 sld�00o� Furnish and install 20' PVC recycled watermain ccrrplete in place, including but not limited to 67. 4,000 l.f. all fittings, excavation, dewatering, backfill, carpaction, testing disinfection, ten—P.' Pavement (does not include valves, air--vacs blow-offs, per AWLA Specs C 905 14" thru 36" diameter Table 2. per l.f. vU Furnish and install 12" blow-off assembly, per 68. 1 each detail on 30 of 97 per each 100 ©� Furnish and install 20" R.W. gate valve per spec 69 3 each and standards ti per each 00d Cv OOd Co Furnish and install 6" PVC watermain, per AMA 70 50 1.f. C-900 CLr200 d S Plan 606, and con- nectper rc� � l.f. —. d f Construct S.C.E. facilities per drawing numbers UCrD-S-42..,2.�{-2, Sheets 1, 2 and 3. oo S 4 C6 Lt1SLIM i 71. S[ '- `�6125 A &�. AAy �/;, Z5,00O. 'L , Sum P-9 ITEM APPROXIMATE ITEM MMITN UNIT PRICE UNIT TOTAL NO. QUANinTY WRITTEN lit"OfSDs �RtC,c ADOPTIVE 72 Imp Sum oomtruction Survey J - dG0 Lam] SLIIil 30� q�3 P-lo Stioulated Unit Prices The following items along with their unit prices are the unit prices the City will pay for as 'Extra Work' related costs. There is no anticipated quantity for any of these items and the Contractor by executing this proposal accepts these unit prices and conditions. STIPULAT- ITEM APPROXIMATE ED UNIT NO. QUANTITY DESCRIPTION PRICE TOTAL Not 2' PVC (Sch.80) Conduit In-Place $7.00 per Not A. Applicable Linear Appli- Foot cable Not 1-1/2` PVC (Sch.80) Conduit $6.00 per Not B. Applicable in Place Linear Appli- ' Foot cable Not Type Detector Loop Cable in Place $1.25 per Not C. Applicable Linear Appli- Foot cable 9678-LDL-10625-Spec. P-11 Licensed in accordance with an act providing for the registration of contract License No. 3 779 66 T ,9 m Signature of Bidder Business Address 9 W V4 JL)jeL)P,4 G.D. l21✓62S/.OE, CA' 9Z509 Place of Residence S"nf Dated this day of _7, , 19-9" Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder' Si nature 4)/0' 1114Ifz 9678-LDL-10625-Spec. P-12 It Is understood and agreed that the approximate quantities shown In the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract Is 180 calender days, Including 60 days for the plant establishment period. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and Is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished. and as to the requirements of the proposal, plans, specifications, and the contract. Accompan ing this proposal Is / E S o-W {S /D o,. }. NOTICE: Insert the words 'Cash,' 'Certified Check,' or 'Bidder's Bond,' as the case may be, In an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal Is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth In the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. 9578-LDL-10625-Spec. P-13 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID /. /4- k'--2✓44D , being f irst duly sworn, deposes and says: 1. That a or she is 2 /Q of ,�/�/ _Q�G the party maki�the �,-d foregoing bid: 2. That the bid is not made in the interest of, or on behalf of , any undisclosed person, partnership, company, association, organization, or corporation; 3 . That the bid is genuine and not collusive or sham; 4 . That the bidder has not directly 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 refrain from bidding; 5. That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true a correct. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. 9678-LDL-10625-Spec. P-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 State of _ OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Though statute does not rogLtre the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documwt. On �/l� before me, INDIVIDUAL DATE NAME,TITLE OF OFFICER•E G,'JANE DOE.NOTARY PUB �J dCORP}�RATE OFFICER(S) personally appeared _ • - /',�'il,Slti� NAMES)OF SIGNER(S) TfTLE(S) Qfpersonally known to me- OR -0 proved to me on the basis of satisfactory evidence ❑ PARTNER(S) LIMITED to be the person(s) whose name(s) is/tare" GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she they executed ❑TRUSTEE(s) the same in his/f,etfth-eiY authorized GUARDIAN/CONSERVATOR capacity(ies), and that by his/#e A*e+r OTHER: OFFICIALWAL signature(s) on the instrument the person(s), SHARON ESTREMO or the entity upon behalf of which the fgrM PWUC-cu f�HM1A person(s)acted, executed the instrument. 9 O NqE COUN r SIGNER IS REPRESENTING: uy rontilftlIM fK*eS WY 1t.1998 NAME OF PERSON(s)OR ENTITY(IES) .-__,__•r -„ WITNESS my hand and official seal. -�dLl1ZU'r SICNATUr1E OF NOTARY Of TIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT_ THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, It could prevent fraudulent reattachment of this corm SIGNER(S)OTHER THAN NAMED ABOVE C1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave,P.O Bc)x 71 t34•Canoga Park.CA 91309.7184 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information : Additional sheets may be attached if .necessary. 1. Firm Name: 1— '64. 10I/i o J1W_ c 2. Address: �'�S� _ILJ,2yr0A el V6&IoE 9Zso 2 3 . Telephone: �.•(909) 7 4 . Type of firm-individual, partnership, or corporation: C0A P0A2A7TroAu 5. Corporation organized under the laws of the State of: CRLiF. 6. Contractor's License Nuipber: .377 94 Expiration Date: 7/3Y-?3 _ (NOTE: REPRESENTATIONS MADE THEREIN ARE MADEr UNDER PENALTY OF PERJURY) 7 . List the names and addresses of all members of the firm or names and titles of all officers of the corporation: • 8. Number of years experience as a contractor in construction work: 13 9. List at least six projects completed as of recent date: CONTRACT CLASS OF DATE NAME, ADDRESS & PHONE AMOUNT WORK COMPLETED NUMBER OF OWNER 9678-LDL-10625-Spec. P-15 10. List the name of the person who inspected the site of the proposed work for our firm: Date of Inspection: 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. 9678-LDL-10625-Spec. P-16 DESIGNATION OF SUBCONIRACTOR In compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (it) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the Work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. • PORTION SUBCONTRACTOR'S NAME STATE LICENSE EXPIRE OF WORK AND ADDRESS NUMBER CLASS DATE N 04494 E2T&ffi r ..A M log Z _�74g-" L i k 51 33 7 L ter Sm,►,P� s f C.,4*r- l i c, co. C. Fpn Su C c &S By su mission of this pro os 1, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2 . That the City will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. 9678-LDL-10625-Spec. P-17 Statr 5 :merit of Experiewe OWNER: DESCRIPTION: 1, AMOUNT: CONTACT NO. CONTACT PERSON: COMP. DATEI .................... ....... ................ . Sip- -........WATER 4_6 a 9 79 [aESERT HOT SPRINGS liel R. DIST. 714 329-6448 Jan 80 ......................I.................. ......................... i11GH �I�ILLEY WATER DISTRICT Y'!'A"T, T,45,§Pp Zj 1_849-2612 Au -80 ...........I....... ....... rERN VALLEY WATER DISTRICT WATER 2.!.1_659-2200 Sep-61 .......... .................... .............. .....I f..b I. ....... $84200 e bf0i Of AI W�bod ...................... .......Sooiiwao§ - ............................ ............ ................................ ....... ........A—- ...............I..........1.1113136 1...1... .................... .................... . ............ .................. GAS f265 000 619 725-3`136 1"a ..................... .......... ........................................ .............. .................A........ ..............I ....,....... ........ ................,......... ......... `.ny8.1.. CITY OF PASADENA 1§.,19.9 0 1 "Y"I T, E"R 714 337-4259 Hov-8 1 ..................................... .................... .. ... .................... .... .... ........ ............. ................................ UEPT. OF NAVY WATERr. 82 6§ Jul ...... ................................ .........I.................I................... ................... CO. Of RIVERSIDE SEWER 714 '787-6547 Au -82 ............... ............... ........ ............................. .... .............9........--.- A' Aua-82...... 18113....334�-�51 25 ............. ....................... ......... ................ EFSTERII S�1UIJ. WATER DISTRICT W ER $21 7676 Sep-82............... ............... ......................... ............ 'Y"."A"'T"*E''R .. ....IT-11 000 619 9261*440" ........................... Oct-6 2 I iV 6 ................*......................................... ... .................... ......*...........%'XI'A"TER.............. ....... -8......3.3--.4,.-5---j2,-.-5.. ........................................ ........... .......... ....... ...... ....... .......................................... boo f-d"hAW.......... .........,................... ................ .................W-A"i'E''R... 255 800 619 368-9511 Har-83 11.................... ........ ................. L ............ ,W** 'A'T *P, K, 'S"'E,W",'E','R",,,"-, I 714 985-0971 Jun-83 ............I.............. 1?!,,000 714 624-0035 Nov 8 3 .......... .........-.1.......I........ .................... . .... ......... W, 714 985-0971 ........................................................................ ................ ....... .......... ....... .... .... 818 334-5125 Oct- 63 .. .. ."............ ...... ........I-—...................I—-......1. ., �...... LE 4i�`Wkt§bf6u WATER . 714 965-0971 06-83 ..,........ ..... ......... ..................... ........ I .................... i'ii bf TA'Vi,0iC'**........... .......... ................. .............. ''LATER T'E'0- .......*... ....11,9 6,qqp].?.I A..5 9 6-8 7 41 Nov-83 J i6fift ...... .............. ...... ......... ............."" "" , "'- .............. ....... ........................... .......I.......,...,........ 714 624-0035 Nov-8 3 ...........I........I...... ..... ....................... ...........I......... S'E'�'-'-?E"R $26,�P?_ ?,I�...322-46 70 Har-84 ............ ....................... ...........................I...... ............................... WATER $206,000 818 334-512S 8 4 ...... ........... ............. ...T"E*0'", -....-44"'S"I.�`p",9 ,,"-'2'2'2'8 ,__`,......*.............. 'A'i.. ......64""'', ................ ... , .?.I�...48.5-................ ............I.............11........ ........... .r............... 161 500 619 92S-7676 Meg,-64 ..A WATER ..............I........................ ...... ... ...............................................1.1........ .... ...... HELLA VALLEY WATER DIST. 619 398-2651 Jul-84 ........................ .............................................................................. "ii AT ER 685 '7434 Jul-84 .........._1......... ..... ........................I................ ............. CITY OF LOMA UilbA Y T, 0, 21 600 714 824-2420 -Jul-84 . ... ..... ...........-............ .........I....".....................................1 1................... 714 825-8980 .....Auk..a. ............ .................. .... ............. ....... "iA"i t 0, 1601700 714 685- 7434 A ijq,-8 4 .......... ...........1-1.1....... .....Hair............ ........ ...... ............... .......... 'S"EV-'i ER ................ 14 824-9510 Ha r-85 .. .......... ...... . ..... .. §.0 $2 ?p,ppp 4 4 43 0 Dec-8 5 .......... . ..... .................. ................ .......OF HAVY ......... ..................... ..... ..... .. $2,310,6 i � I li GAWA[Ek, I Jul-86 Page 1 -- .• 1":11iC111 QI L ' w:1 I01114C ` :ICOMP. DAT 1` - I1'�( OF ffr)r1i-p J [,IYNER: 'DESK DESCRIPTION: 1 AMOUNT:1 � 7 „ •�CONTACT NO. 'CONTACT PERSON, F .. •.J . ,. , „ I HT COHI<A ' 1 - C� ' S}' ... ' 1 fi 3 i 14 i 1� �`�0011 ............. Jun-8 7.., HEFT OF Fla'�'� J- II:IS3 SPPIFIK E1IS 240,135 1619 358-5208 i Jtiro- 86 (IT.-! OF 61,44� ,i .I- 1 65'' .. tii`�ATEF' . .. . . f �2Ei?,SSa ' i 1 a 391 - 5 0 L. 1. f1�r_6' . JIJP IF'i.; I:01'lt1 5EF?1r'. UIsT. J- I0:6 GF'!t[►Itll; ='21 ,�'?I] 714 fl$5 ?4_�4`:,Jr3Htj SrHATZ i Jul E;ti .. . .• .J- it :,. ,. .,. •l �j � 8r' ' �-: � i , .. ,. ... .. f. , .. .. I1,1F+`r+;41[r R1UT ',iTR DIST 1 5? I^fATER �' 6. � 1 e 14 $ r ~-051 r' i S .F'' r� . .... .. II r4FfIFTtiP.IfJ .J- 14S'3 ;r':,TEF, + 288�a 7 714 G 5- 7434iJOHFj ;I:HtaT? � :Iul-I:�4 .. '. . 1058 I��TEF' 1 .. . 1:IT`' :{.2g4.75 714 3'31 - "zS ,rr : 1J+�t-s�F J LFr; 0h1I! SEPr, [ 1ST. 1:IT'i OF f-ll]4?I_0 - 1,66 1 ., . %4ATEP.P,,E'i.,Ek {:?32 ,2a4 714 cl-?9ii�li APB:-8 1 OPUFACO ......... .. IST.... . 106.; , .. �,,'i►.TER !1 $2 259 ,rJ1113 ' ? i4 6 5- 7434`JOHI•I '�'HAT� . ..., ii.. Feb- ;i,B i' J 10 62 15^1 86 I�I�GfkF{sf1T►•111 •J- 1,U6' 4' �.►,TEP . 2 5? t! 714 899-2581 1 I I131�_ P . 'TILL IJF HE1tr r. .." L,r� . ..: I � , . .. .. .. ... ......... ........ : .,, .... a OI t i 13 r ,5 1 „ice a5 954 E�2=- 311 LEN i Sep-$7 10r' LTCi. T`i F FOI-IT J- 1 )t TEp [ 8 1 714 4a riES HY `i- EDIT 3 11 BEPII CO 'y"ATEk J- 1066 ,�rATEP ':. 11;2,=41 0,015 � 714 875- 18 4' EIS+-a f .... 1 ,� I IIJPII 1 r. rIST •I- IOti7 �`rATEfi. =c =� a 714 F;� 5- 74 ,-TiJ13HIVY,HATZ ILrEFI c . LEB iI.EF IT'.r . 1 1 - F'h �r Ir 11 1Ek�i- [.. JF tir1�, . . .... 68 1 I I T P [ < =E.t,. .. ; ;- ..... . . , k 11 I' I i ti 5 1 IAr ... A CI ` { la �C i i 1 ' ,�C f �I 1 PI t Cyr 1 J- I1 'E -1 : 71 -3 r;:'C - 43 :LE t�IAFC .�.1FFHLr] 11.3 - . J I r �' , - Obi. I . ' .I,TEk •1.,.Ir1�?,r,, 1:I 1: ? 14 r'.-�-`'- 7-43-4�.InHF1`�:!•iAT2 ! i�1:1 -s��� t • .5 II RLF'ti _lJl�lli; SEF�, UI:'T •J . � . . .. ' , . , . ... ,. , .. ,.. .... ... ... ... .. II ''a0 LTC) . 1 . .. 0 r'. „ .J- 1070 �7 ; 714 r)�3,--Ta31:11'ti'rES H'rrLEtd Fet1- �'a S"gin {9 A CO SEPV DIST. J : . . . . • I T`;' Ij F F I1 T„t�l TER � :�-1.I ItJRUF' rl - 1 071 ! , 1 1 E1= -2 �tt�.40 ? 1 �4 1:-`5-,4-4=JOHId :rHATc' EI1:I-car, lij6JF'r;rO . I1. SEp�li ErIST. •I- 1U7� ,....,,�+MTER -I6'� ~r',1 `' '714 r'-5 7a ..; �O .. r. .. ., ..... .. ..... . ... .. . . . .. .. .. ... . .. . .... ......... ... . J'. - r -4: HI�I :�i.H�TZ .1 3 YILLi;GE OF HEF:ITAI,E- F17r1ThM 1 J- ICI?3 ;`;';;TEF' j•?c�,54' 1 ? I -4 c;'�o-'2581 �rCt- ',"�1; IIj ``�0LT1) 1IT"" OF 1`01-ITM I-I" - 107�} .,. {41 7,31 r ~la 82='- 4431] 'ti'1ESFi'r'LEFJ � . All!. r'' 1 IT OF F'E[ILA111113 J lI] 15 ;ATEF' _ 1•=3? ra'+� ? 14 ?'?t�- ?5��1 i[�Erlrli�� F:'r td - fJl;1•r- 7i li ,,. Fn �TPr [ EPriFTr lEF1T J 1 �J ,.. - F'E".. . '.... r��. �I1F'GPFI[) I1IPfr,rTS„ I]`.. r:.8 � try . , ..'3' I ! tj1-;= C RESTLINE LAI, E ARR-i0HEA .ITR J- l a r ,I'H � . ! I 14 �38- 1 L f ' I � 4 : 14 -I�j- j 1 11 .I i > >� ;7 ! ';'"TER E2?.4c5 779iF`ll::�i1'1tfE Hl_ILf 1E5 Elfx- 1,3 T'-iOF .-f-ITAP10 J-:1;0�� i }iii'1ATEF' � T•6�74.3 1 ? 14 � ,fE"A"11000P S l r�Flr'7. - 5 . DMI-ITAANA 'ti'*ATEP5HEU PF'I)J J- 107'? E „ 'ti•,iATER $643.000 1714 785-5411 €:.Ilfl BUliTS Ilar- 69 �I FOiT.' JAJ-1{ JO i 'i` A . 4� :r7 ; ., , a9 1� . ... .. 1. .,..... �^ t...... . l r ... ;.. ,... � '. G GII_.Y.E'•! � 1•I�I�-?0.. . 'iILL��E JF 4lEF'1T �E AI�� � TEF 72 Jr3l �'14 ar, 581 F'1�1 - ;°;ATEP '{ 707 61A ` ? 14 r132-c12135 F'Irr.'DF'[iE3E1: l�t��- '? Ir 1 !8 .. . . B A EFTS I.1'^ PEI.C)''i ( 11' J : Y-1T P. �'k F'EL _ - OF PI � E aiC E J 1 {• ? Ilr 3 1 `1-flri , [s iEF:IC TF�iiaOULr4i'� t'1.91a- E�9 F:OEi rl - 1 Qsji2 :�,�„ fn� 1 I:I �il � �- �2ra r . f.J J IC83.. I TE .. 7 4 7 14 785-5-41 1 .JII 1 BIJ11T.......,,., .,: ' P J' - 1 , ',.ii P '�r7 1 f� -HIITk r;llµ TEF'?'HEU F ....,.,... rEP, -1`_77� 7 . . . <. . . . { } 11 r .,^ 1.: . S-1. ... 85 '. "IVATEF':c�Ea1 EP ,;. 'U1)? I `Il 171 �4 6BS- 7 4`4 iJ HI-4 HAT_ _ J1.- 8 4 F'I''I EPSIC E - 1- II Ji;1JF�H ',0 NI JHLn JC DIT k Cr' 11 1 fJ�1� ... ,. . ., I, r I �TEF . . {•- 72, ii1i1 ' " 1 �� -� '� rnF1E r IIH i � I J E ;N 1�riE3 'rALLE'i ' -;`TEP Cf1 -FQIIT .J- 1087 ,;/;CEP tc.56. 41.10 r'� 1:~ •-4•a;:- 61 c';? 1FRAIIIr L"'G1.1l[111: E Frt1- '?I- 16 '?i1 LI{t CIT`i I-IF F01-1T:'HA J- 1U8a i 3EV-1ER {•331 .410 ? 14 3- 44:0 'ti'';ES HYLE1-1 9 Statement of Experience J JPi., r...... 1 .... DESCR P pION: AM0UNT1., ' CONTACT 4Nt165T74p 4'J HF!SCHAPERSON; COMP. DATE OWNER-T .,'.. 89 6 2 f e .... JPA 011M. SEpr' [31. M1 ..... �.. .. -a0 ^ .. r 4 t r i A rl'i0-41 r0 �T „ JY BUP.GETT ,.. „ Ilo;v,Nov_8,. 'r.FESTEJ2tl t•11J1J; 'ti'�.ATEP; [)4�TAf . .J r1f]90 I V'IATE=R .WATEP �. 9Ei1 7.. 1 ' 01 89 PIT'f OFIP YERS DEt1J-�1092 •Cfl•.. J.... ... ........ .... . T—E-R_........... ... ....$947, $,7..�.7. .4..6.82-53041RECK UP08EK*..�..... .......,E.,,...,,Jul-90 .... y.. ............................. ...,. Dec-89 �..... r,Ek .. 88 0136 '714 685-.74.,4 .. Tz........... ....... ................ ....... . .E RRO'Y•,1•.' ...�. •, _ .. T.. J4HFJ 5C,I�A .�09 •-' EAD J- 0941fi.j1R $158�351 1714 .338 1779 R_XAhJFJE IiOLMES „ Oct �....... .r...A. . H........... .............,...,... . ....... ....,.. .....,.a...,. . 1 T ......JaI,.E,O A J- 1095.................. ',,.,..,.......BEwE.R.,.......... 778,,7 �. 71 A a54-.7700 RG6..R,.,.:................... ... .. !,....,, J��n- � ..... r REiT HE LI E T STEWART U CITi F RI1rl RSIDE-111SS10N GROVE J- 1096 t VITR ISY01S.D. �$1 14 .:� 82-5341 IYE„I:A�US„ ......Mar, 0 ,544 A4A 7 11 IAN 91 ... IIJ#?UPA C01�111 SEk�r. DIST. ,J-- 1 097 i '�lATER ' 4 $ Jul-90 . i . _ 1 a065,g79 71 4 685 7434 JOHN SCHATZ 1�T CITY PROP.-FONTAFIA J- 1098 STORM DRAIN $1 795 OOp 714 899- 1056 MELANiE TINSLEY Jan-92 r�...... .................. .. ...�..1^IATER'.... ....1.0.g.............. €........h1.........,. ....... AL.. .. ......�222�9Q0� ... ..,.........48-b 183 .............................,............,,, ........................._........ i - �►1J6PARiEL VA.. S . 1 F B A • !` � 4 FJ G I v- LLE' J 9 1SC. IJ JU 918 RA K LQ U pICE No 91 ST J- 1 10Q........ EWER.....,,......,... ,.........$48,,04D„17., 4 6a..........,.34 ...................... ............................. JURU COMM, SEP.V. DI 5-74 JONtJ SCHATZ Jul 90 . .p.. T - - ..1... ..... 4 889...950 .. BOB �+,1JfA ANA RI' ER 1 ro ....... Y,�ATEP, CQ..... .102 ............ ..... WATER � $3OQ,000 71 ..... ... _ E ALGRAi•ST1.............. ..... Q...,...�:..,.. i 127 505 7Q DAV ... ........... .. 1..... ....,. YdATER SEWER. .... ,... ... MA .. ........... ct-90 SERV. D1ST. , ......,,.......YYATER ...1 , t Q2 E�26 =714 f.85-7434 JOHN SCHATZ' A - cR�arr�E car 1r1u1 J JRUPA COt t:1lSF 1...... ...................... ... �.............1../Y+�ATE R SD...,$ ',1 3�333. 7..... ... ......4450 ,11rRR`'f ROS$.................. ...... P.I',g 1....1- A1JrA AN.. J- 1 105 WE.. JITIES J- I i 0Q E 3- S 14 8 2 •-91 A RI1rER V,IATER CO FIRE HYDRk JTS .71 30 13t3 4 66 6- 1070 RAVEL RA AG1dTl .. 'Y-9 rAtJTA ralA RI1tERC1NA ER GO�.I-1 110? 6.. ... 1NATEi2............... $I 00 8.14 685-6503 ARNOLD Jul 9 111R ...................................................._.................,..............,. ,....,,......... ......,.....,............,.............. 478 r 451....7'4 5,8...,............ .......... ......,,....,....-.9� • . ,EIPA COMM. SERVICES DJST .........................,..... . C - 1 108 WATER 6- 1 ' GRAW�............... ........Au -91 Jl1RUI;A COMM. SERVICES 4JSTRICT J- 1 109 NATER� 418 22b 7 { IT't 0._,........,...,....... ................... 1548,q.�§ ., . F L011A LIPJDA„s-• 1..1 10• � WATER �� 71' 88 .............. .._. 4.7.9�?...Z84`�... DEN TSAL...........•................. ........Feb-9.... .. C WTRW4RICS D15 8 J- 1„1„1 1 WATER...................... $1,758,fl00 71 8- 1401 L01{TS BARTO�J Se 92 ,IiI�JO HILLS aI2R1]V,IBEAI� Pi4RK CO, iNATI 12 D15T J- 11 2 lr'IATER $777 ! 11 714'657-27R4� �6R4 6* WYfit§' Ma -92 JIIRUPA COMM. SERVICES DIST J- 1 1 13 5...... _,�.. ._....,....,,.. .. .7-9 ,....... . �.EWERlIr A l•R SD'. S2 t36 535� 714 8 070� Bll.l.•MALONE�� ��{n Pro lU12UPA COM.M,..$ERVICES DIST..J+.y..'.}.4............ ............... ATE.R'............. .... .,.40,,2.28.. 714 686- 107.0... ,81 LL MALOI�E..............................I n l;r� ....... rlAl1JUT VALLE'i'..V'IATER DIST..O_.1..t 15................. ...................... �...... 'NATER............ . .$b 693.77.�.. 213....'... ..... 45... K ALES BY Pro 56tir t,R..,.,,... $422r222 818 594-5900 DICK .......LE............. ..... ... ...... -J!jl-...2 . 1UNICIPAL .., 1 795,4 2 714925 . 7676... tjUE LANE In .Pr 2 EFtSrEJ?tJ 1 1lATER DIST J 1 1 17 .. 1�1ATER I 9 J1IRIJF'A C01-1M SERVICES DIST J- I 1 18 �lATER5 „� 1070 I1311 L i IALQME „ „ In Prue ..... ..... -. � .1..6 6'�D �71 4 686- i 3 I Pme 3 RfCF'VFo . CITY Ce CITY V HUN ING70w ?L-ACH,CLIP. DEc 3 '1WZ T. A. RIVARD, INC. 88M JURUPA ROAD RIVERSIDE, CA 92509 TO: CITY OF HUNTINGTON BEACH City Clerk, Sec. Floor Admin. Bldg. 2000 Main Street Hintington Beach, Ca. Bid For: GOLDEN WEST STREET Bid Date & Time: Dec. 3, 1992 @ 2:00 P.M.